10.60.650 Procedures following immobilization.
(a) The registered owner or lessee may secure the release of the immobilization device, provided the person pays all parking fines and removal charges within 48 hours of the notice in TMC 10.60.640. This does not preclude the registered owner or lessee from subsequently contesting the immobilization pursuant to subsection (b) or (c) of this section. If successful, the person will be reimbursed the amount of the removal charge.
(b) After payment of all fines and removal charges, the registered owner or lessee may contest the immobilization only if the registered owner or lessee submits, within five business days of the date the immobilization device was affixed to the vehicle, written materials to obtain adjudication by mail. Compliance with this time limit shall be a jurisdictional prerequisite. Failure to comply shall bar any contest.
(1) The request shall include an affidavit, signed by the owner and made subject to the penalties of perjury, that the owner denies there are three or more unpaid parking violations outstanding against the license plate on the vehicle at the time of immobilization.
(2) The notice affixed to the vehicle or a copy thereof shall be prima facie evidence of the correctness of the facts specified therein.
(3) The only issue for determination will be whether there were three or more unpaid parking violations outstanding against the license plate on the vehicle at the time of immobilization.
(4) The City’s Administrative Hearing Officer will determine whether there is proof by a preponderance of the evidence that the immobilization was warranted.
(5) Upon review of the materials submitted, the Hearing Officer shall determine whether the immobilization was warranted and shall notify, in writing, the owner or lessee.
(c) After payment of all fines and removal charges, the registered owner or lessee may contest the immobilization only if the registered owner or lessee submits, within five business days of the date the immobilization device was affixed to the vehicle, a request for an administrative hearing. Compliance with this time limit shall be a jurisdictional prerequisite. Failure to comply shall bar any contest.
(1) Administrative hearings shall be held before the City’s Administrative Hearing Officer. The registered owner or lessee may appear with or without an attorney. An attorney who appears on behalf of such person shall file an entry of appearance. If the registered owner or lessee or his or her attorney fails to appear or request a continuance, the request for hearing shall be considered withdrawn.
(2) The rules of evidence shall not apply in the conduct of the administrative hearing.
(3) All testimony shall be given under oath or affirmation which shall be administered by the Hearing Officer.
(4) The Hearing Officer shall cause a record to be made of the hearing.
(5) The only issue for determination will be whether there were three or more unpaid parking violations outstanding against the license plate on the vehicle at the time of immobilization.
(6) The notice affixed to the vehicle or a copy thereof shall be prima facie evidence of the correctness of the facts specified therein.
(7) The Hearing Officer shall determine whether there is proof by a preponderance of the evidence that the immobilization was warranted and shall notify, in writing, the owner or lessee. (Ord. 19765 § 3, 10-2-12.)