2002 FEBRUARY - Laserfiche WebLink

11.40.030 11.40.030 Right To Hearing: Before any lien attaches for towing and storage costs as a result of a vehic- le being towed under the authority of the Vehicle Code or this title, the own- er or person in charge of such vehicle (hereinafter called "owner") shall have the right to a hearing on the factual basis of the tow. The hearing must be requested no later than five (5) days from the date that the vehicle was towed unless owner shows good cause to hold the hearing at a later date. (Pri- or Code § 5-4.05) 11.40.040 Hearing Officer: For the purposes of this chapter, the chief of police shall designate certain police officers to serve as hearing offi- cers. Hearing officers shall be available on a twenty four (24) hour basis and shall be of a rank greater than the offi- cer or police employee who ordered the tow to be made. (Ord. 1828 § 1, 2001; Prior Code § 5-4.06) 11.40.050 Hearing: The hearing provided for in this sec- tion shall be informal. The person re- questing the hearing shall explain the facts supporting the claim that the vehi- cle was wrongfully or illegally towed. (Prior Code § 5-4.07) 11.40.060 Determination: If the hearing officer determines that the tow was wrongfully or illegally conducted, the officer shall order the person having custody of the vehicle to release it to the owner forthwith. The owner shall be required to pay only those charges incurred due to unreason- able delay in requesting the hearing. (Prior Code § 5-4.08) 11.40.070 Payment Of Charges: If the hearing officer determines that the towing was wrongfully or illegally ordered by a city employee, the city shall compensate the person making the tow for reasonable costs incurred. The city shall not be liable for costs in- curred due to the unreasonable delay of the owner in requesting a hearing or reclaiming the vehicle. (Prior Code § 5-4.09) 11.40.080 Appeal: The decision of the hearing officer may be appealed to the city manager or the city manager's designate during regular city business hours. The deci- sion of the city manager or the city manager's designate shall be final. (Ord. 1828 § 1, 2001; Prior Code § 5-4.10) 11.40.090 Notice: Notice of the provisions of this chapter shall be given to all persons seeking to reclaim their vehicles from the person towing and storing the vehi- cles. (Prior Code § 5-4.11) (Pleasanton February 2002) 2']4_2