Ordinance 3028-07 - Laserfiche WebLink

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. 1. If a vehicle is impounded pursuant to subsection A.9 of this section, then in addition to any impoundment, storage or other fee, an administrative fee shall be levied when the vehicle is redeemed. The administrative fee shall be for the purpose of offsetting, to the extent practicable, the cost to the city of implementing, enforcing and administering the provisions of this chapter. The administrative fee shall be deposited in an appropriate account. The administrative fee shall be set by rule by the director of finance and police chief in an amount not to exceed one hundred dollars. 2. The finance director and the chief of police are authorized to promulgate rules and regulations consistent with this chapter and the regulations of the city, to provide a fair and efficient administration of the provisions of this chapter. Section 2: General duty. It is expressly the purpose of this ordinance to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this ordinance. It is the specific intent of this ordinance that no 6