The City Recorder may immediately take custody of a vehicle that is disabled, abandoned, parked, or left standing unattended on a road or highway right-of-way and that is in such a location as to constitute a hazard or obstruction to motor vehicle traffic using the road or highway.
(A) After taking a vehicle into custody under this section the City Recorder shall give notice by mail within 48 hours, not including holidays or weekends, to the owners of the vehicle and any lessors or security interest holders as shown in the records of the Motor Vehicles Division with an explanation of procedures available for obtaining a hearing under § 73.03(C) of this section.
(B) Any notice given under this section after a vehicle is taken into custody and removed shall state all of the following.
(1) The vehicle has been taken into custody and removed, the identity of the appropriate authority that took the vehicle into custody and removed the vehicle and the statute, ordinance, or rule under which the vehicle has been taken into custody and removed.
(2) The location of the vehicle or the telephone number and address of the appropriate authority that will provide the information.
(3) The vehicle is subject to towing and storage charges, the amount of charges that have accrued to the date of the notice and the daily storage charges.
(4) The vehicle and its contents are subject to a lien for payment of the towing and storage charges and that the vehicle and its contents will be sold to cover the charges if the charges are not paid by a date specified by the City Recorder.
(5) The owner, possessor, or person having an interest in the vehicle and its contents is entitled to a prompt hearing to contest the validity of taking the vehicle into custody and removing it and to contest the reasonableness of the charges for towing and storage if a hearing is timely requested.
(6) The time within which a hearing must be requested and the method for requesting a hearing.
(7) The vehicle and its contents may be immediately reclaimed by presentation to the City Recorder of satisfactory proof of ownership or right to possession and either payment of the towing and storage charges or the deposit of cash security or a bond equal to the charges with the City Recorder.
(C) If a hearing is requested, the City Recorder shall provide the hearing as described under § 73.03(C) of this section.
(Ord. 338, passed 10-14-1991)