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<br /> provided for in subsection B1 of this section. If the hearing request is not received by the mayor
<br /> within the ten-day period, the right to a hearing is waived, the impoundment and the associated
<br /> costs of impoundment and administrative fee are deemed to be proper ,and the city shall not be
<br /> responsible for removal, towing and storage charges arising from the impoundment and the
<br /> registered owner is liable for any removal, towing, storage, or other impoundment charges
<br /> permitted. Upon receipt of a timely hearing request, the mayor or his designee shall proceed to
<br /> hear and determine the validity of the impoundment.
<br /> 3. The mayor, within five days after the request for a hearing, shall notify the registered tow
<br /> truck operator, the person requesting the hearing, if not the owner, and the registered and legal
<br /> owners of the vehicle, and the person or agency authorizing the impound in writing of the
<br /> hearing date and time.
<br /> 4. At the hearing, the person or persons requesting the hearing may produce any relevant
<br /> evidence to show that the removal, impoundment, towing, storage fees, or administrative fees
<br /> charged were not proper.
<br /> 5. At the conclusion of the hearing, the mayor shall determine whether the impoundment was
<br /> proper, whether the towing, storage fees, or administrative fees charged were in compliance with
<br /> the posted rates, and who is responsible for payment of the fees.
<br /> 6. If the impoundment is found proper, the removal, impoundment, towing, storage fees, and
<br /> administrative fees as permitted together with any administrative costs shall be assessed against
<br /> the person or persons requesting the hearing, unless the operator did not have a signed and valid
<br /> impoundment authorization from a private property owner or an authorized agent.
<br /> 7. If the impoundment is determined to be invalid, then the registered and legal owners of the
<br /> vehicle shall bear no removal, impoundment, towing, storage fees, administrative fees_and any
<br /> bond or other security shall be returned or discharged as appropriate, and the person or agency
<br /> who authorized the impoundment shall be liable for any removal, towing, storage, administrative
<br /> fees or other impoundment fees permitted.
<br /> 8. The decision of the mayor shall be final unless an appeal is filed with the Everett District
<br /> Court within fifteen days of the date of the determination made by the mayor.
<br /> C. Administrative Fee—Rules and Regulations
<br /> 1-If a vehicle is impounded pursuant to Section A(9), then in addition to any impoundment,
<br /> storage or other fee, an administrative fee shall be levied when the vehicle is redeemed. The
<br /> administrative fee shall be for the purpose of offsetting, to the extent practicable, the cost to the
<br /> city of implementing, enforcing and administering the provisions of this ordinance. The
<br /> administrative fee shall be deposited in an appropriate account. The administrative fee shall be
<br /> set by rule by the Director of Finance and Police Chief in an amount not to exceed One Hundred
<br /> Dollars. ($100).
<br /> 2-The Finance Director and the Chief of Police are authorized to promulgate rules and
<br /> regulations consistent with this ordinance and the regulations of the city, to provide a fair and
<br /> efficient administration of the provisions of this ordinance.
<br /> Section 2: This ordinance shall take effect on August 16, 1999.
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