Ordinance 3028-07 - Laserfiche WebLink

maintain a record evidenced by the redeeming person's signature that such notification was provided. 2. Any person seeking to redeem an impounded vehicle under this section shall be entitled to a hearing to contest the validity of the impoundment or the amount of removal, towing and storage charges, or administrative fee. The mayor or his designee (hereafter referred to as mayor) shall serve as the city's administrative hearings officer therefor. The mayor has jurisdiction to determine the issues involving all impoundments including those authorized by the state or its agents. The mayor shall not have the authority to determine the commission or mitigation of any parking infraction unless a timely response under city ordinance is filed to that notice of infraction requesting a hearing and the hearing date for that infraction has not passed, in which case the mayor has discretion to consolidate the impoundment hearing and the notice of infraction hearing. Any request for a hearing shall be made in writing on the form provided for that purpose and must be received by the mayor within ten days of the (late the opportunity was provided for in subsection B.1 of this section. If the hearing request is not received by the mayor within the ten-day period, the right to a hearing is waived, the impoundment and the associated costs of impoundment and administrative fee are deemed to be proper and the city shall not be responsible for removal, towing and storage charges arising from the impoundment and the registered owner is liable for any removal, towing, storage, or other impoundment charges permitted. Upon receipt of a timely hearing request, the mayor or his designee shall proceed to hear and determine the validity of the impoundment. 3. The mayor, within five days after the request for a hearing, shall notify the registered tow truck operator, the person requesting the hearing, if not the owner, and the registered and legal owners of the vehicle, and the person or agency authorizing the impound in writing of the hearing date and time. 4. At the hearing, the person or persons requesting the hearing may produce any relevant evidence to show that the removal, impoundment, towing, storage fees, or administrative fees charged were not proper. 5. At the conclusion of the hearing, the mayor shall determine whether the impoundment was proper, whether the towing, storage fees, or administrative fees charged were in compliance with the posted rates, and who is responsible for payment of the fees. 6. If the impoundment is found proper, the removal, impoundment, towing, storage fees, and administrative fees as permitted together with any administrative costs shall be assessed against the person or persons requesting the hearing, unless the operator did not have a signed and valid impoundment authorization from a private property owner or an authorized agent. 7. If the impoundment is determined to be invalid, then the registered and legal owners of the vehicle shall bear no removal, impoundment, towing, storage fees, administrative fees and any bond or other security shall be returned or discharged as appropriate, and the person or agency who authorized the impoundment shall be liable for any removal, towing, storage, administrative fees or other impoundment fees permitted. 8. The decision of the mayor shall be final unless an appeal is filed with the Everett district court within fifteen days of the date of the determination made by the mayor. C. Administrative Fee—Rules and Regulations. 3