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• <br /> • <br /> r <br /> . <br /> 1 3. That the vehicle was or was not parked in violation of the parking <br /> ordinance on three separate occasions within a twelve month <br /> 2 period. <br /> 3 4. That there are no defenses nor extenuating and mitigating factors <br /> justifying a finding that the vehicle is not a public nuisance. <br /> 4 <br /> 5 Section 32: Additional Powers. <br /> 6 At the time of the hearing held pursuant to Section 31, the Hearing Examiner is <br /> 7 authorized to conduct a hearing, if requested, on the validity of any specific Notice of <br /> 8 Parking Violation which has not been considered by a previous hearing, or which has not <br /> 9 been paid, or been the subject of a notice of hearing pursuant to Section 30. <br /> 10 Section 33: Order of Immobilization of Vehicle. <br /> 11 If the registered or legal owner shall fail to request a hearing within ten calendar <br /> 12 days of the date of mailing of the Notice of Hearing for Declaration of Vehicle as <br /> 13 Nuisance, or if the Hearing Examiner shall make a finding that the vehicle is a nuisance <br /> 14 as defined in Section 29, the Hearing Examiner shall thereupon issue a written order <br /> 15 declaring the vehicle a nuisance and directing the City's Police Department and Parking <br /> 16 Enforcement Officers to immobilize said vehicle. <br /> 17 Section 34: Immobilization of Vehicle. <br /> 18 A. Upon the order of the Hearing Examiner directing immobilization of a <br /> 19 vehicle, an officer or employee of the City may temporarily immobilize such vehicle by <br /> 20 installing on, or attaching to such vehicle, a device designed to restrict the normal <br /> 21 movement of such vehicle. At the time the vehicle is immobilized, the City shall cause <br /> 22 to be affixed to said vehicle a readily visible notification sticker. Said sticker shall <br /> 23 include the following information: <br /> 24 <br /> 1. The date and time the sticker was affixed; <br /> 25 <br /> 2. The identity of the agent or employee of the City who immobilized <br /> 26 the vehicle; <br /> 27 3. A statement that the vehicle has been immobilized by the City for <br /> three or more violations of the City's parking ordinance; <br /> 28 <br /> 4. A statement that the vehicle may be released from such immobili- <br /> 29 zation at a designated place, by payment of the designated total of <br /> unpaid parking violation penalties plus twenty-five dollars im- <br /> 30 mobilization fee; <br /> 31 <br /> 32 -21- <br />