§ 12.20.220. Towing of vehicles—Release—Hearing.

A.

Except as provided in Subsection B of this section, a vehicle towed pursuant to Section 12.20.210 may not be released until the Police Department has verified that the vehicle is not stolen and, except as provided in Subsection B of this section, all outstanding municipal parking fines and applicable towing and storage charges have been paid. Any person whose vehicle has been towed pursuant to Section 12.20.210 shall be provided with written notice of the provisions of Subsection B of this section.

B.

Hearing.

1.

Any owner or operator who desires to contest the validity of the towing of a vehicle which that person owned or operated, or the amount of any fines, towing or storage charges, may request a hearing to be held before either the Chief of Police or the authorized agent. A hearing shall be held by the chief or the authorized agent not later than forty-eight hours following receipt of the written request.

2.

An owner or operator not satisfied with the decision of the Chief of Police or the authorized agent, as applicable, may file a notice of appeal to the Board of Appeals within ten days from the date of the decision of the chief. The notice of appeal shall describe the action appealed from and the grounds of the appeal. The Board of Appeals shall conduct a hearing and render a decision within thirty days from receipt of the notice of appeal.

3.

During the pendency of an appeal, a vehicle may be redeemed from a towing company by the posting of an appeal bond in the full amount of all fines, towing and storage charges claimed to be due and owing. Upon the conclusion of all appeal proceedings, the appeal bond shall be forfeited except for the portion, if any, which is determined to represent fines, towing or storage charges, which have been erroneously or improperly assessed against the owner or operator of the vehicle.

4.

No fine, towing or storage charges imposed with respect to a motor vehicle towed pursuant to Section 12.20.210 may be returned or in any way refunded to the owner or operator of the vehicle except in accordance with the appeal procedures set forth in this subsection.

(Prior code § 16-40.1(c), (d))

(Ord. No. O-16-16, § I, 5-9-2016)