6.05.080 Pretowing notice when four or more citations have been issued with respect to a vehicle.
A. A vehicle may be towed or immobilized on order of the municipal court if:
1. it is a vehicle that has been used in the commission of at least four or more violations of City parking ordinances for which citations have been issued and have been outstanding for more than 30 days; and
2. the citation issued stated that the vehicle could be immobilized or towed if bail was not posted or a hearing scheduled; and
3. a delinquent parking citation notice was mailed to the registered or legal owner at least ten days prior to the towing or immobilization stating the following:
a. the license plate number, the citation numbers, the violation dates and the amount of bail due;
b. that the vehicle will be immobilized and towed and taken into custody by the City if the total bail is not paid within ten calendar days;
c. the statutes, ordinances or rules violated by the vehicle for which the citation is issued;
d. that if the vehicle is immobilized or towed, the place where the vehicle will be held in custody or the telephone number and address of the City department where information concerning the vehicle can be obtained;
e. that if the vehicle is immobilized an immobilization fee will be assessed for removal of the immobilization device in addition to any penalties assessed pursuant to the code;
f. that the person who tows the vehicle pursuant to this ordinance at the request of a law enforcement officer shall have a lien on the vehicle and its contents for reasonable towing and storage charges, may retain possession of the vehicle until the charges are paid, and may have the vehicle sold at a public auction to satisfy the lien;
g. that the owner of the vehicle is entitled to a hearing before the vehicle is immobilized or towed to contest the validity of the citations or proposed immobilization or towing if a hearing is timely requested;
h. that if the vehicle is towed, the owner of the vehicle is entitled to challenge the reasonableness of any towing and storage charges at a hearing;
i. that a hearing on the validity of the citations, proposed immobilization or towing must be requested in person at the court or in writing within ten calendar days of date of the notice and that the request must include the grounds upon which the owner believes the towing is invalid.
B. If the owner of the vehicle requests a hearing before the vehicle is taken into custody, the vehicle shall not be immobilized or towed until a hearing is set and held in accordance with BC 6.05.110 through 6.05.130.
C. The owner must request the hearing on the validity of the citations, proposed immobilization or towing within ten days of the date of the delinquent parking citation notice. The request must be made in writing or in person and shall state the grounds upon which the person requesting the hearing believes the citations and/or proposed immobilization or towing are invalid.
D. Failure to appear in person or to mail or deliver a written request for a hearing within ten calendar days after date of the delinquent parking citation notice shall act as a waiver of the right to contest the validity of the citations or the tow.