6-5-1: STATEMENT OF POLICY:

It is the policy of the city of Waterloo that motor vehicles used in connection with certain illegal conduct shall be subject to civil seizure and impoundment in accordance with the procedures set forth herein, so as to deter the use of vehicles as specified herein. (Ord. 5239, 9-15-2014)

6-5-2: DEFINITIONS:

For purposes of this chapter, unless the context indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this section:

CONTROLLED SUBSTANCES: Any substance as defined and included in section 124.204, 124.206, 124.208, 124.210, or 124.212 of the Iowa Code.

DRUG PARAPHERNALIA: Any equipment, products and materials as defined in section 124.414 of the Iowa Code.

ELUDING OR ATTEMPTING TO ELUDE A POLICE OFFICER: Any offense as defined in section 321.279 of the Iowa Code.

ILLEGAL PRESCRIPTION DRUG: Any drug or device limited to dispensation by prescription, as provided by Iowa Code section 155A.21, that was not lawfully dispensed within the meaning of Iowa Code chapter 155A to the party found in possession thereof or to the registered owner of the motor vehicle.

INTIMIDATION WITH A DANGEROUS WEAPON: Any offense as defined in section 708.6 of the Iowa Code.

LIENHOLDER: Any person or entity that has a recorded security interest, lien or other encumbrance that is noted on a vehicle's certificate of title or in public vehicle ownership records.

OPERATING A MOTOR VEHICLE ON A REVOKED OR BARRED LICENSE: An offense as defined in section 321.56, 321.218, or 321J.21 of the Iowa Code.

OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS: Any offense as defined in chapter 321J of the Iowa Code.

OWNER: Any person or entity that is shown as the registered owner on the vehicle's certificate of title or public vehicle ownership records.

PRECURSOR: Any substance as defined in 124.401(4) of the code of Iowa.

PROSTITUTION: Shall have the same meaning as that provided in Iowa Code section 725.1.

STOLEN PROPERTY: Property obtained by theft, as such term is defined in Iowa Code section 714.1.

WEAPONS OFFENSE: Any offense as defined in section 708.6, 724.3, 724.4, 724.4A, 724.4B, 724.16A, 724.22, 724.26, 724.29, or 724.30 of the Iowa Code. (Ord. 5239, 9-15-2014)

6-5-3: VEHICLES SUBJECT TO SEIZURE; PENALTY:

   A.   Use of a motor vehicle in any manner specified in this subsection shall subject the motor vehicle to seizure, impoundment and civil penalty as provided in this chapter.

      1.   Using a motor vehicle while manufacturing, selling and/or delivering a controlled substance, precursor, drug paraphernalia and/or illegal prescription drug.

      2.   Using a motor vehicle while illegally manufacturing and/or selling a drug or device limited to dispensation by prescription. For purposes of this subsection A2, the term "selling" includes delivery of the drug or device following said sale.

      3.   Operating a motor vehicle on a revoked or barred license.

      4.   Operating a motor vehicle while under the influence of alcohol or drugs.

      5.   Using a motor vehicle while eluding or attempting to elude a police officer.

      6.   Using a motor vehicle in connection with an offense described in Iowa Code section 321.261, whether or not the subject vehicle is actually used to leave the scene.

      7.   Using a motor vehicle while committing a weapons offense.

      8.   Using a motor vehicle while engaged in prostitution or the solicitation thereof.

      9.   Using a motor vehicle while possessing or transporting stolen property.

   B.   Unless otherwise specified in this chapter, the owner of such vehicle shall be liable to the city for a civil penalty of two hundred fifty dollars ($250.00), for the cost of service of any notices, and for any and all fees and charges for towing and storage of the vehicle. (Ord. 5239, 9-15-2014)

6-5-4: TOWING; NOTICE OF RIGHT TO ADMINISTRATIVE HEARING:

   A.   Seizure; Initial Notice: Whenever a police officer has probable cause to believe a vehicle is subject to seizure and impoundment pursuant to section 6-5-3 of this chapter, the officer shall provide for the towing of the vehicle to a facility controlled by the city or its agent(s). When the vehicle is towed, the officer shall determine who, if anyone, was in control of the vehicle at the time of the events giving rise to probable cause for seizure and impoundment. The officer shall then notify that person, in writing, that the vehicle is being seized and that the owner or any lienholder has a right to an administrative hearing on whether the subject vehicle was in fact used as specified in section 6-5-3 of this chapter. The written notice shall also state that, pending any administrative hearing, the vehicle may be released as provided in this section.

   B.   Notice: Within ten (10) days after a vehicle is towed, the city or its agent shall send written notification to each owner and lienholder of the vehicle, setting forth their right to request a hearing as provided in this section. Notice shall be sent by certified mail, return receipt requested, to the last known address of any owners and lienholders, or the notice may be personally served and either an affidavit of service prepared or written acknowledgement obtained from the party served. The notice shall describe the year, make, model and vehicle identification number of the vehicle, as well as state the location of the facility where the vehicle is being held. The notice shall also state that, pending any administrative hearing, the subject vehicle may be released as provided in this chapter. The notice shall state the penalties that may be imposed, including the fact that failure to reclaim the vehicle within the time allowed shall be deemed a waiver of all right, title, claim and interest in the vehicle or personal property and shall be deemed to be consent to sale of the vehicle at a public auction or disposal of the vehicle to a demolisher and to disposal of the personal property by sale or destruction.

   C.   Release Pending Hearing: A vehicle that has been seized and impounded under this chapter may be released to the owner of the vehicle if the owner posts with the city a cash bond, in form acceptable to the police department record's division, in the amount of two hundred fifty dollars ($250.00), pays the cost of service of any notices, and makes payment in full for the fees and charges of towing and storage of the vehicle, which payment shall be made to the party to whom the fees and charges are owed.

   D.   Administrative Hearing: If the vehicle owner or a lienholder wishes to request an administrative hearing, said request shall be made in writing within ten (10) days of the date on which the notice provided for in subsection B of this section was either mailed or personally served upon the party requesting the hearing, and the request shall be delivered personally by the requestor to the Waterloo police department. If the owner or lienholder cannot appear in person, then a request for an administrative hearing can be made in any manner that is preapproved by the Waterloo police department for that particular owner or lienholder. Any request for a hearing must include the address and telephone number at which the owner or lienholder is to be contacted regarding the hearing. Unless continued to a later date by order of the hearing officer, the hearing shall be scheduled and held within five (5) days after the request for a hearing is actually received by the Waterloo police department. If the request for hearing was made in a manner other than in person, notice of the scheduled hearing date and location shall be given in the same manner in which the request for hearing was received with preapproval of the Waterloo police department as provided for herein. Notice of the scheduled hearing provided electronically, by fax or by mail shall be deemed given when sent. At the hearing, all interested parties shall be given a reasonable opportunity to be heard. Formal rules of evidence and procedure shall not apply, and hearsay evidence shall be admissible. The hearing officer shall not be an employee of the city of Waterloo.

   E.   Decision:

      1.   The hearing officer shall render a decision based on a preponderance of the evidence. The decision of a hearing officer shall be deemed a final agency action and shall be subject to judicial review in accordance with Iowa law. Regardless of the outcome of the administrative hearing, the vehicle and all interested parties' rights to the vehicle and the personal property contents thereof shall be subject to all procedures set forth in this chapter with respect to the claiming and release of impounded vehicles, disposal of unclaimed vehicles and personal property, fees and charges, and applicable exceptions.

      2.   If the hearing officer determines that the vehicle was not used as specified in section 6-5-3 of this chapter, then the hearing officer shall order the return of the subject vehicle (or return of the cash bond if one was posted for release of the vehicle, allowing the city a reasonable time in which to do so), cancellation of the two hundred fifty dollar ($250.00) civil penalty and no further imposition of any fine, fees, or charges relating to the impoundment. Any fees or charges other than the civil penalty which have accrued up to the time of such determination by the hearing officer, however, shall remain due and owing, and any such fees or charges owed to the city shall be deducted from any cash bond prior to the return of said cash bond.

      3.   If the hearing officer determines that the vehicle was used as specified in section 6-5-3 of this chapter, then the hearing officer shall order that the vehicle continue to be held in impound until the owner satisfies each condition for release of the vehicle, or until the vehicle is deemed abandoned. If a cash bond was posted and the vehicle released before the hearing, the hearing officer shall order the cash bond surrendered to the city as payment of the two hundred fifty dollar ($250.00) civil penalty. (Ord. 5239, 9-15-2014)

6-5-5: RELEASE TO LIENHOLDER:

Notwithstanding any other provision of this chapter, whenever a lienholder of a vehicle impounded under this chapter has commenced foreclosure or replevin proceedings and provides to the city satisfactory proof of the commencement of such proceedings and of the lienholder's entitlement to immediate possession of the vehicle, possession of the vehicle shall be delivered to that lienholder if the lienholder provides written indemnification to the city for any and all claims of the lienholder, an owner or any third party arising out of the seizure, impoundment and possession of the vehicle pursuant to this chapter. (Ord. 5239, 9-15-2014)

6-5-6: PROCEDURE FOR CLAIMING VEHICLES ELIGIBLE FOR RELEASE:

   A.   If a vehicle seized under this chapter is eligible to be released, the person claiming the vehicle may be required by the city to present to the city or its agent in possession of the vehicle one or more of the following items: a certificate of title, bill of sale, or valid registration for the vehicle; a government issued photo ID for the person claiming the vehicle; and/or a physical document showing proof of security against liability (insurance) for the vehicle in effect as of the date the vehicle is to be released from impound. In addition, the claimant shall pay to the city any and all civil penalties and costs of service of notice and shall pay to the facility holding the vehicle all fees and charges of towing and storage. (Ord. 5239, 9-15-2014)

6-5-7: DISPOSAL OF UNCLAIMED OR ABANDONED VEHICLES:

Any motor vehicle impounded pursuant to this chapter and not properly claimed by or on behalf of the owner, lienholder or other claimant within ten (10) days of the date of delivery of proper notice or the date of issuance of the hearing officer's decision, whichever is later, shall be deemed abandoned and may be disposed of as provided by Iowa law governing abandoned vehicles, without further notice. (Ord. 5239, 9-15-2014)