Any regularly employed and salaried officer of the Police Department of the City may remove or cause to be removed:
(A) Any vehicle that has been parked or left standing upon a street or highway for seventy two (72) or more consecutive hours.
(B) Any vehicle which is parked or left standing upon a street or highway between the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M. when such parking or standing is prohibited by ordinance or resolution of the City and signs are posted giving notice of such removal.
(C) Any vehicle which is parked or left standing upon a street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway, or for the installation of underground utilities, or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic, or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size and the parking of such vehicle would prohibit or interfere with such use or movement; provided, that signs giving notice that such vehicle may be removed are erected or placed at least twenty four (24) hours prior to the removal.
(D) In the event a vehicle is removed, the Police Department shall promptly give notice to the legal and registered owner as required by the California Vehicle Code. Any party claiming an interest in the vehicle shall have the right to request an immediate hearing before the Chief of Police on the question of whether or not there are adequate facts to support the removal of the vehicle. If the seizure of the vehicle is not supported by adequate facts or if the owner establishes, by affidavit, ownership and inability to pay the lien charges, the vehicle shall be returned to the owner upon satisfactory proof of ownership. Any person may, within ten (10) days, appeal the decision of the Chief of Police to the City Council by a written notice filed with the City Clerk requesting a hearing before the City Council. (Ord. 651-97, 2-18-1997)