§ 19-216. Hearing.

(a)

The registered owner, or person entitled to possession, of any vehicle which has been immobilized or impounded pursuant to this section may submit a request for a hearing to the city manager by certified mail within seven calendar days from the date the notice of immobilization is affixed, as set forth in section 19-213 hereinabove, or the date of receipt of the notice of towing, as provided for in section 19-214 hereinabove, whichever is applicable. If a request for a hearing is not made within the allocated time, the right to a hearing shall have been waived.

(b)

If a hearing is requested, the city manager, or his/her designee, shall send a statement to such person to inform him/her of the time and place for the hearing, of the basis for the vehicle's immobilization and/or impoundment, of the opportunity to present evidence as to why such vehicle should not have been immobilized, towed, and/or impounded, and of the right to have counsel present at the hearing. The hearing shall be held within five work days of the city's receipt of a request for a hearing, unless a longer time period is requested by the person asking for the hearing.

(c) The city manager, or his/her designee, shall serve as the hearing officer, shall conduct a hearing and shall prepare a written report within three work days of the hearing stating his/her conclusion as to whether the vehicle was properly immobilized, towed, and/or impounded, pursuant to this division, and the reasons and evidence underlying his/her conclusion. If it is concluded that the vehicle should not have been immobilized, towed, and/or impounded, then any improper charge(s) shall be cancelled, or if paid, rebated.

(Ord. No. 2249, § 1, 11-14-95)