(A) Whenever a police officer has reason to believe that a motor vehicle is subject to seizure and impoundment pursuant to this chapter, the police officer may provide for the towing of the motor vehicle to a facility approved by the Chief of Police. This chapter shall not apply if the motor vehicle used in the violation was stolen at that time.
(B) The police officer shall notify any person identifying himself as the owner of the motor vehicle or any person who is found to be in control of the motor vehicle at the time of the alleged violation, if there is such a person, of the fact of the seizure and of the motor vehicle owner’s right to request an administrative hearing to be conducted under this section.
(C) At the time the vehicle is towed under this section, the municipality shall notify or make a reasonable attempt to notify the owner, lessee, or person identifying himself or herself as the owner or lessee of the vehicle, or any person who is found to be in control of the vehicle at the time of the alleged offense, of the fact of the seizure, and of the vehicle owner’s or lessee's right to an administrative hearing. The municipality shall also provide notice that the motor vehicle will remain impounded pending the completion of an administrative hearing, unless the owner or lessee of the vehicle or a lien holder posts with the municipality a bond equal to the administrative fee as provided by this chapter and pays for all towing and storage charges. The registered owner or lessee of the vehicle and any lien holder of record shall be provided with a notice of hearing. The notice shall:
(1) Be served upon the owner, lessee, and any lien holder of record either by personal service or by first class mail to the interested party's address as registered with the Secretary of State;
(2) Be served upon interested parties within ten days after a vehicle is impounded by the municipality; and
(3) Contain the date, time, and location of the administrative hearing. An initial hearing shall be scheduled and convened no later than 45 days after the date of the mailing of the notice of hearing.
(Ord. 13-10, passed 12-17-2013)