(A) When any vehicle is towed or removed pursuant to this chapter, the Police Department shall, in addition to other notification requirements applicable to motor vehicles under the laws of the state, within ten regular business days after receipt of the report from the State Department of Revenue, or ascertainment of ownership of vehicles not subject to the state reporting procedures, notify by certified mail or personal service the owner of record, if ascertained, of the owner’s opportunity to request a hearing concerning the legality of the towing or removal of the abandoned, publicly kept or junked vehicle, and that the request for hearing shall be submitted to the Town Municipal Court. Such request shall be made in writing within 20 days of the mailing of such notice.
(B) The court shall schedule a hearing on the matter within 30 days of the date of the request, and the hearing shall be conducted according to due process standards applicable to administrative hearings.
(C) If it is determined at the hearing that the vehicle was illegally towed or removed following the direction and authority of the Police Department in disregard of the standards for junked and abandoned or publicly kept vehicles stated in this chapter, all towing and removal charges and storage fees assessed against the vehicles shall be forgiven or paid by the town; however, nothing shall relieve the owner of the obligation to mitigate the costs involved by prompt retrieval or disposal of the property.
(D) If the court sustains the legality of the towing or removal, an administrative hearing fee of $25 shall be assessed against the owner requesting the hearing.
(E) All appeals of the decision of the court shall be in accordance with Rule 106(a)(4) of the Colorado Rules of Civil Procedure.
(Ord. 01-2021, passed 1-27-2021)