§ 54-143. Impoundment or pre-towing hearing.

(a)

A request for hearing to contest the validity of the determination of the traffic compliance administrator set forth in the notice of impending vehicle immobilization or towing and impoundment must be filed within 14 calendar days of the date of the notice and shall be deemed filed upon receipt by the traffic compliance administrator. Upon the receipt of the request for hearing to contest the validity of the notice of impending vehicle immobilization or towing and impoundment, the traffic compliance administrator shall schedule an administrative hearing whereby the registered owner of the vehicle may contest the validity of the determination of the traffic compliance administrator. The hearing shall be scheduled on the next available hearing date, if practicable, but in no event shall the hearing be scheduled later than 30 calendar days after a timely request for hearing is filed. The traffic compliance administrator shall serve notice of the hearing date upon the registered owner by first class mail, postage prepaid to the address on the request for hearing. Service of the notice shall be complete on the date it is placed in the United States mail.

(b)

At the hearing the registered owner of the motor vehicle may submit evidence concerning the liability of the registered owner of the motor vehicle for the unpaid final determinations listed on the notice of impending vehicle immobilization. Evidence admissible at the hearing shall be limited to the following:

(1)

That the person was not the registered owner or lessee of the motor vehicle on the date or dates the notices of parking violations, compliance violations or automated traffic law violations were issued; or

(2)

That the fines or penalties for the violations cited in the notice were paid; or

(3)

The registered owner of the motor vehicle has not accumulated five or more parking violations, compliance violations or automated traffic law violations or any combination thereof totaling five violations which are unpaid; or

(4)

The failure to serve notice of the parking violation, compliance violation or automated traffic law violation in compliance with the applicable provisions of section 54-107, 54-108 or 54-109 of this Code.

(c)

No hearing held under this section shall address the underlying parking, standing, or compliance violations or automated traffic law violations subjecting a vehicle to immobilization.

(d)

In the event the registered owner of the motor vehicle: (i) does not file a timely request for hearing, (ii) fails to appear at the hearing after having requested a hearing, or (iii) appears at the hearing but does not prevail, the vehicle may be immobilized unless all fines and penalties specified in the notice are paid in full.

( Ord. No. 2012-26, § 2(36-22), 4-23-2012 )