§ 70-572. Post-tow hearings.

(a)

The owner of a vehicle towed as a hazardous or unlawful vehicle pursuant to section 70-567(b) or the owner or a vehicle towed as an abandoned or inoperable vehicle who has not requested a pre-tow hearing shall have 15 days after the date of mailing or personal service of notice, or 15 days after release of the vehicle, whichever occurs first, to request in writing a post-tow hearing to determine the validity of such tow, any towing or storage charges, and any fine assessed against the owner. Said written request shall be delivered to the police department within said 15-day period, or the right to a post-tow hearing under the provisions of this article shall be deemed waived. The hearing will not be determinative of, or adjudicative of, any violation of any city ordinance.

(b)

Upon any request for a post-tow hearing being made, the city shall schedule a date and time for such hearing as follows:

(1)

In those instances where the vehicle has been released upon the full payment of towing and storage charges and any fine assessed against the owner, lienholder or other person legally entitled to the vehicle, the hearing shall take place within 15 days after the receipt of such request for such hearing. Upon receipt of such request, but not less than 48 hours before such hearing, the city shall notify the owner of the date and time for such hearing.

(2)

In those instances where the vehicle has not been released, the hearing shall take place, unless otherwise agreed by the city and the owner, within 48 hours after such request for such hearing, excluding weekends and holidays. Upon receipt of such request, the city shall notify the owner of the date and time of such hearing by telephone, by mail, or in person as the circumstances require.

(c)

Upon any request for a post-tow hearing being made, the city shall conduct the hearing in the manner provided in section 70-569 except where such procedures are not consistent with the provisions of this section.

(d)

After receiving all relevant evidence, the hearing officer shall issue a decision finding that:

(1)

The towing and storage of the vehicle was authorized by the laws of the state or by a city ordinance.

(2)

There was no authority in law for the towing and storage of the vehicle, or the city officer or employee causing the vehicle to be towed did not comply with the requirements of the statute or ordinance authorizing the tow.

(3)

The towing of the vehicle was authorized by law, but the owner was caused to incur additional storage charges because of late notification of towing or other reasons not the fault of the owner. The specific amount owed by the owner, and the specific amount excused, shall be stated in the decision.

(4)

The request for hearing was not properly made.

(5)

The person requesting a hearing failed to appear or obtain a continuance.

(e)

All fines, towing and storage fees shall be paid by the owner if the hearing officer makes a finding consistent with subsection (d)(1), (d)(4) or (d)(5) of this section. All fines, towing and storage fees shall be refunded or excused if the hearing officer makes a finding consistent with subsection (d)(2) of this section. All fines, towing and storage fees shall be prorated by the hearing officer if the hearing officer makes a finding consistent with subsection (d)(3) of this section.

(f)

The hearing officer shall advise the owner of his findings at the conclusion of the hearing, as follows:

(1)

If the towing and storage was authorized by law, and is not otherwise reimbursable, the owner shall be so informed and further advised as to the amount due.

(2)

If the towing and/or storage is found to be unauthorized or reimbursable:

a.

If the vehicle has been released to the owner, the hearing officer shall complete and transmit to the chief of police for approval a printed voucher form for the amount to be reimbursed, including the amount of any fines to be reimbursed, along with the hearing officer's decision. Upon approval by the chief of police, the hearing officer shall then transmit the voucher to the city treasurer for payment. Unless the city files a lawsuit to contest the decision of the hearing officer, the owner shall be paid the money due within 28 days after the decision of the hearing officer.

b.

If the vehicle has not been released at the time of the hearing, the hearing officer shall issue an order for the release of the vehicle. Upon presentation by the owner to the towing service operator of the order for release, the vehicle shall immediately be released to the owner.

(g)

All decisions, towing reports, and any associated police reports or documents shall be retained by the police department for a period of at least five years after such hearing, or after each tow if no hearing was requested or held.

(h)

The city or the owner may contest the decision of the hearing officer in accordance with state law.

(Code 1996, § 70-572; Ord. No. F-0320, § 1, 3-1-1999; Ord. No. F-0477, §§ 11—17, 6-19-2000)