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therefor. The mayor has jurisdiction to determine the issues involving <br /> all impoundments including those authorized by the state or its agents. <br /> The mayor shall not have the authority to determine the commission or <br /> mitigation of any parking infraction unless a timely response under city <br /> ordinance is filed to that notice of infraction requesting a hearing and <br /> the hearing date for that infraction has not passed, in which case the <br /> mayor has discretion to consolidate the impoundment hearing and the <br /> notice of infraction hearing. Any request for a hearing shall be made in <br /> writing on the form provided for that purpose and must be received by <br /> the mayor within ten days of the date the opportunity was provided for <br /> in subsection (B)(1) of this section. If the hearing request is not <br /> received by the mayor within the ten-day period, the right to a hearing <br /> is waived, the impoundment and the associated costs of impoundment <br /> and administrative fee are deemed to be proper and the city shall not <br /> be responsible for removal, towing and storage charges arising from <br /> the impoundment and the registered owner is liable for any removal, <br /> towing, storage, or other impoundment charges permitted. Upon <br /> receipt of a timely hearing request, the mayor or his designee shall <br /> proceed to hear and determine the validity of the impoundment. <br /> 3. The mayor, within five days after the request for a hearing, shall notify <br /> the registered tow truck operator, the person requesting the hearing, if <br /> not the owner, and the registered and legal owners of the vehicle, and <br /> the person or agency authorizing the impound in writing of the hearing <br /> date and time. <br /> 4. At the hearing, the person or persons requesting the hearing may <br /> produce any relevant evidence to show that the removal, <br /> impoundment, towing, storage fees, or administrative fees charged <br /> were not proper. <br /> 5. At the conclusion of the hearing, the mayor shall determine whether <br /> the impoundment was proper, whether the towing, storage fees, or <br /> administrative fees charged were in compliance with the posted rates, <br /> and who is responsible for payment of the fees. <br /> 6. If the impoundment is found proper, the removal, impoundment, <br /> towing, storage fees, and administrative fees as permitted together <br /> with any administrative costs shall be assessed against the person or <br /> persons requesting the hearing, unless the operator did not have a <br /> signed and valid impoundment authorization from a private property <br /> owner or an authorized agent. <br /> Page 4 of 11 <br />