§ 32-196. Hearing to contest validity of removal and custody.  


Latest version.
  • A person provided notice under this article or any other person who reasonably appears to have an interest in the vehicle may request a hearing under this section to contest the validity of the removal and custody under this article or proposed removal and custody of a vehicle under this article by submitting a request for hearing with the Police Chief not more than five days from the mailing date of the notice. The five-day period in this section does not include holidays, Saturdays or Sundays. Except as otherwise provided under state law a hearing under this section shall comply with all of the following:

    (1)

    If a request for hearing is received before the vehicle is taken into custody and removed, the vehicle shall not be removed unless the vehicle constitutes a hazard.

    (2)

    A request for hearing shall be in writing and shall state grounds upon which the person requesting the hearing believes that the custody and removal of the vehicle is not justified.

    (3)

    Upon receipt of a request for a hearing under this section, the city shall set a time for the hearing within 72 hours of the receipt of the request and shall provide notice of the hearing to the person requesting the hearing and to the owners of the vehicle and any lessors or security interest holders shown in the records of the Department of Transportation, if not the same as the person requesting the hearing. The 72-hour period in this subsection does not include holidays, Saturdays or Sundays.

(Code 2006, § 10.28.11)