[Editor's Note: See also Subsections 4-6-1B and C of this title for similar provisions.]
[Ord. 789, 3-16-1998; amended by 2003 Code]
For the purposes of this chapter, the following terms shall
have the meanings stated in this section. Any term not defined herein
shall have the meaning ascribed to it in other ordinances of the City,
and if not defined in any City ordinance, it shall have the meaning
ascribed in the Illinois motor vehicle code, 625 Illinois Compiled
Statutes.
A vehicle parked or otherwise located on a public way and:
In such a state of disrepair that it is incapable of being driven;
or
That has been unmoved for a period of at least 24 hours, and
from its condition, the period during which it has not been moved,
or some other circumstance appears to have been, and will be presumed
to have been, abandoned by its owner; or
Vehicles parked in a public parking lot or on private property
without the consent of the lot owner, proprietor or agent of the property,
which person has requested that the vehicle be towed; or
A vehicle defined as an unlicensed or unregistered vehicle;
or
A vehicle defined as abandoned, or capable of being towed, by
any other ordinance of the City,[1] and which does not fall into the categories of "hazardous"
or "unlawful" vehicles and therefore is not subject to immediate tow.
Any junk, vehicle parts, used machinery, nonfunctional equipment,
trash, refuse, or similar items or substances placed on public or
private property without the consent of the owner, proprietor or agent
of the property, a request for the removal of which accumulation of
junk, vehicle parts, used machinery, nonfunctional equipment, trash,
refuse, or similar items or substances the owner, proprietor, or agent
of the premises has requested to be removed; or
An accumulation of junk, vehicle parts, used machinery, nonfunctional
equipment, trash, refuse, or similar items or substances, as defined
by any other ordinance of the City,[2] and which does not fall into the categories of "hazardous"
or "unlawful" junk, trash or refuse and therefore is not subject to
immediate removal.
Any junk, vehicle parts, used machinery, nonfunctional equipment,
trash, refuse, or similar items or substances that present an immediate
danger to the health, safety or welfare of the members of the public;
or
Any junk, vehicle parts, used machinery, nonfunctional equipment,
trash, refuse, or similar items or substances that have been placed
upon a public street, way or alley and is impeding the orderly flow
of traffic or poses a potential danger to pedestrians and other operators
of vehicles; or
Any junk, vehicle parts, used machinery, nonfunctional equipment,
trash, refuse, or similar items or substances that must be moved to
allow for proper municipal snow removal from a public street, way
or alley.
A vehicle that has been involved in an accident and is disabled
or cannot be immediately moved by the owner or operator of the vehicle;
or
A vehicle that presents an immediate danger to the health, safety
or welfare of the members of the public; or
A vehicle abandoned or disabled on a public street, way or alley
that is impeding the orderly flow of traffic or poses a potential
danger to pedestrians and other operators of vehicles; or
A vehicle that must be moved to allow for proper municipal snow
removal from a public street, way or alley.
A person who holds legal title to a vehicle, or the right
of possession of a vehicle, or who holds legal title to any other
item or items of personal property, or the right of possession of
said items of personal property, or who holds legal title to any real
estate, or who has the right to possess any real estate on which one
or more items of personal property are located.
Any junk, vehicle parts, used machinery, nonfunctional equipment,
trash, refuse, or similar items or substances, deposited or placed
on public or private property in violation of the ordinances of the
City and where either state statute or City ordinances authorize such
junk, vehicle parts, used machinery, nonfunctional equipment, trash,
refuse, or similar items or substances to be removed.
A vehicle that has been reported stolen or is the subject of
a search and seizure by the City police department; or
A vehicle parked in violation of state of Illinois statutes
or ordinances of the City[3] which prohibit parking at the location in question or
for the period of time for which the vehicle has been parked, and
where either the statute or City ordinances authorize the vehicle
to be towed and the signs posted at the general location note that
fact.
Any device in, upon or by which any person or property is
or may be transported or drawn upon a street, highway or any public
way, except devices moved by human power, devices used exclusively
upon stationary rails or tracks, and snowmobiles.
[Ord. 789, 3-16-1998]
The towing of vehicles or removal of junk, vehicle parts, used
machinery, nonfunctional equipment, trash, refuse, or similar items
or substances by the City, or by its approved towing service operators,
or other entity providing junk and trash removal services on behalf
of the City shall be authorized only by the City police department
and only under the circumstances herein provided.
[Ord. 789, 3-16-1998]
Towed vehicles shall be impounded at facilities designated by
the City police department until lawfully claimed or disposed of pursuant
to state law, 65 Illinois Compiled Statutes 5/1-100 et seq. Junk,
vehicle parts, used machinery, nonfunctional equipment, trash, refuse,
or similar items or substances shall be impounded at facilities designated
by the City police department until lawfully claimed or disposed of
pursuant to applicable state law or City ordinances.
[Ord. 789, 3-16-1998]
A.
Immediate Tows Or Removal; No Notice: Hazardous or unlawful vehicles and hazardous and unlawful junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances may be towed or removed without prior notice; except, that when an unlawful vehicle is one that has only been reported as stolen and is not towable for some other specific reason, the owner should be, when practicable, notified by telephone or other means and given the opportunity to claim or move the vehicle, if he so wishes, to avoid incurring the expenses of a police ordered tow. Provided, however, that the vehicle may be towed when the owner permitted the tow to be made when the vehicle was reported stolen or at any time thereafter, in the form provided for in Section 4-7-7 of this chapter. Within 24 hours after towing a vehicle or removing hazardous and unlawful junk, trash, or refuse, pursuant to this chapter, a notice shall be sent to or personally delivered to the owner of the vehicle, or to the owner (if the owner can be determined) of the hazardous and unlawful junk, trash or refuse, affording the opportunity for a hearing as provided in Subsections B through E of this section.
B.
Post-Tow Notice:
1.
Mailing Or Delivery Of Notice: Notice pursuant to this section shall be forwarded by certified or registered mail, return receipt requested, to the address of the owner of the vehicle as indicated in the most current registration list of the secretary of state, unless the notice is personally delivered to the owner, in which case, the date and time of the delivery and the name of the police officer making the delivery shall be noted in the City police department records or reports. The notice shall be in the forms provided for in Section 4-7-7 of this chapter and shall be mailed or delivered within 24 hours of the tow, as provided in Subsection A of this section. In the event the City has towed an out of state hazardous or unlawful vehicle, inquiry by computer, telephone or letter shall be made of the secretary of state of the particular jurisdiction for the furnishing of the most current registered name and address of the owner of the vehicle, and notice shall be mailed as provided herein to the address furnished.
2.
Posting Of Signs Showing Hearing Rights: All approved towing service operators shall prominently post at least one sign, with dimensions of at least 12 inches by 18 inches indicating the opportunity and procedures for a hearing to contest the validity of a towed vehicle. The sign, the form for which is provided for in Section 4-7-7 of this chapter, shall be placed in one or more locations readily visible to the public transacting business at any towing facility. If a towing service operator performs services for more than one municipality, the information for contacting the various appropriate municipal offices can be listed in one such sign, the format for which shall be substantially similar to the form provided for in Section 4-7-7 of this chapter.
3.
Requests For Post-Tow Hearing: Requests for hearing may be made in
person at the office indicated on the notice within 15 days of the
mailing or personal delivery of the notification of tow, or release
of the vehicle, whichever occurs first; otherwise, the right to a
hearing shall be deemed waived. Requests for hearing by persons who
reside more than 50 miles from the City may be made in person or by
mail received by the City within the fifteen-day period.
4.
Release Of Motor Vehicles: Before the owner or person entitled to
possession of any impounded vehicle shall be permitted to remove same,
the owner or other person entitled to possession shall furnish evidence
of his identity, ownership of the vehicle, or his right to possession,
sign a receipt for the vehicle, and pay the amount currently owed
for towing and storage fees to the towing service operator. The City
Police Chief is authorized to promulgate regulations as to the documents
or other proof necessary to establish these facts.
5.
Establishment Of Maximum Towing And Storage Rates: The owner shall pay fees to the towing service operator for towing and storage on police ordered tows at rates that do not exceed maximum amounts to be administratively established by the chief of police and which may be revised. The basic rates for such fees shall be shown in the form and sign concerning vehicle release requirements provided for in Section 4-7-7 of this chapter. However, nothing in this chapter is intended to prevent a competitive towing service operator from charging less than the established maximum rates for police ordered or any other tows. In arriving at the maximum rates for various services, the chief of police shall consider such matters as the prevailing market rates in the area for the different types of vehicles, the types of storage and area requirements for categories such as large trucks and commercial vehicles, and the relative difficulties and amount of work required to perform various types of towing operations. For particularly difficult or unusual towing jobs, such as large or serious accidents, the chief of police is authorized to allow towing operators to charge rates above those established for normal situations, which special charges must be based upon the cost of services provided, taking into account such matters as the man hours and equipment time required for the job. A towing service operator must fully itemize in writing the details of such billing at special rates for a particularly difficult or unusual tow and supply a copy of the itemized bill to the owner and to the City police department. Any such special rates charged must be customary in the towing industry in the area for the nature and extent of the services provided. Every towing service operator and the City police department shall have available a copy of the complete current rate schedule and any special rate policy established by the chief of police for vehicle owners to view upon request.
C.
Post-Tow Hearing Procedures:
1.
Opportunity For Hearing: The owner of a vehicle towed as an immediate
tow, by or pursuant to the authority of the City police department
as set forth herein, shall be provided the opportunity for a post-tow
hearing to determine the validity of such tow and any towing or storage
charges. The hearing will not be determinative of, or adjudicate,
any citation issued relative to any towed vehicle.
2.
Nature Of Hearing; Hearing Officer: The nature of the hearing and the appointment of the hearing officer shall be the same as set forth Subsections 4-7-5C4 and C5 of this chapter.
3.
Scheduling Of Post-Tow Hearings: Hearings shall take place as follows:
a.
In those instances where the vehicle has been released upon the deposit
of the full payment currently owed for towing and storage charges,
and the owner has properly requested a hearing, the hearing shall
take place within 15 days after the release of such vehicle, unless
the owner requests a later date convenient to all parties.
b.
In those instances where the vehicle remains impounded, the hearing
shall take place, at the option of the owner:
(1)
On the next day after the owner's demand for such hearing,
excluding Saturdays, Sundays and holidays; if such demand is made
after 3:00 p.m., or if the unavailability of a necessary witness or
evidence creates a particular difficulty in conducting the hearing
on the next calendar day, then a hearing shall be held on the second
day following the request, excluding Saturdays, Sundays and holidays;
or
(2)
If acceptable to the owner, within 15 days of said request on
a date convenient to all parties.
4.
Conduct Of Post-Tow Hearing: The hearing officer shall review all
evidence presented by the vehicle owner and the City police department
or other City employees, and shall make a finding based upon the preponderance
of the evidence presented, as to the lawful authority for the towing
and storage of the vehicle. The City must establish such authority
by a preponderance of the evidence.
5.
Post-Tow Hearing Decision: For each hearing, the hearing officer shall complete a post-tow hearing decision and attach such decision to the City police department's original vehicle towing report, and supply a copy of the decision to the owner by personal delivery if the owner is present, otherwise by mail. The decision and findings shall be substantially as stated in the form for the post-tow hearing decision, provided for in Section 4-7-7 of this chapter.
6.
Documents Retained; Contesting Decisions: All originals or copies
of the notices, post-tow hearing decisions, towing reports, and any
associated police reports or documents shall be retained by the City
police department for a period of at least five years after each hearing,
or after each tow if no hearing was requested or held. The City or
the owner may contest the decision or the hearing in any manner provided
by law.
7.
Towing Services Subject To Provisions: Notwithstanding any other
ordinance or statutory provisions to the contrary, any towing service
operator authorized to perform tows on behalf of the City must perform
its services subject to the provisions of this chapter. However, the
towing company shall have the right to recover the reasonable value
of its services from the City for police ordered tows which are not
paid by the vehicle owner. Provided, however, that if a tow or the
charge for a tow is found by a court to be illegal and the towing
service operator is required to return the charge for the tow to the
owner of the vehicle, the City shall not be liable to reimburse the
operator for the towing charges.
D.
Post-Removal Notice:
1.
Mailing Or Delivery Of Notice: Notice pursuant to this chapter shall be forwarded by certified or registered mail, return receipt requested, to the address of the owner of the premises on which the junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances are located. Notice shall be in the form provided for in Section 4-7-7 of this chapter, and shall be mailed or delivered within 24 hours of the removal, as provided in Subsection A of this section.
2.
Posting Of Signs Showing Hearing Rights: All approved junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances, removal service operators shall prominently post at least one sign, with dimensions of at least 12 inches by 18 inches, indicating the opportunity and procedures for a hearing to contest the validity of a removed item. The sign, the form for which is provided for in Section 4-7-7 of this chapter, shall be placed in one or more locations readily visible to the public transacting business at any removal service facility. If a removal service operator performs services for more than one municipality, the information for contacting the various appropriate municipal offices can be listed in one such sign, the format for which will be substantially similar to the form provided for in Section 4-7-7 of this chapter.
3.
Requests For Post-Removal Hearing: Requests for a hearing may be
made in person at the office indicated on the notice within 15 days
of the mailing or personal delivery of the notification of removal,
or release of the items removed, whichever occurs first; otherwise,
the right to a hearing shall be deemed waived. Request for hearing
by persons who reside more than 50 miles from the City may be made
in person or by mail received by the City within the fifteen-day period.
4.
Release Of Removed Items: Before the owner or person entitled to
possession of any impounded personal property removed from the premises
of the owner or person entitled to possession of said items shall
be permitted to remove the same, the owner or other person entitled
to possession shall furnish evidence of his identity, ownership of
the items removed, or his right to possession of the same, sign a
receipt for the items removed, and pay the amount currently owed for
removal and storage fees to the removal service operator. The City
Police Chief is authorized to promulgate regulations as to the documents
or other proof necessary to establish these facts.
5.
Establishment Of Maximum Removal And Storage Rates: The owner shall pay fees to the removal service operator for removal and storage on police ordered removals at rates that do not exceed maximum amounts to be administratively established by the chief of police and which may be revised. The basic rates for such fees shall be shown in the form and sign concerning release requirements provided for in Section 4-7-7 of this chapter. However, nothing in this chapter is intended to prevent a competitive removal service operator from charging less than the established maximum rates for police ordered or any other removals. In arriving at the maximum rates for various services, the chief of police shall consider such matters as the prevailing market rates in the area for the different types of items to be removed, the types of storage and area requirements for categories such as junk vehicles, operable vehicles, metal storage, wood storage, and the like, and the relative difficulties and amount of work required to perform various types of removal operations. For particularly difficult or unusual removal jobs, the chief of police is authorized to allow removal service operators to charge rates above those established for normal situations, which special charges must be based upon the cost of services provided, taking into account such matters as the man hours and equipment time required for the job. A removal service operator must fully itemize in writing the details of such billing at special rates for a particularly difficult or unusual removal, and supply a copy of the itemized bill to the owner and to the City police department. Any such special rates charged must be customary in the removal service industry in the area for the nature and extent of the services provided. Every removal service operator and the City police department shall have available a copy of the complete current rates schedule and any special rate policy established by the chief of police for owners of personal property removed to review upon request.
E.
Post-Removal Hearing Procedure:
1.
Opportunity For Hearing: The owner of personal property removed as
hazardous or unlawful junk, vehicle parts, used machinery, nonfunctional
equipment, trash, refuse, or similar items or substances, by or pursuant
to the authority of the City police department as set forth herein
shall be provided the opportunity for a post-removal hearing to determine
the validity of such removal and any removal or storage charges. The
hearing will not be determinative of, or adjudicate, any citation
issued relative to the personal property removed.
2.
Nature Of Hearing; Hearing Officer: The nature of the hearing and the appointment of the hearing officer shall be the same as set forth in Subsections 4-7-6C4 and C5 of this chapter.
3.
Scheduling Of Post-Removal Hearings: Hearings shall take place as
follows:
a.
In those instances where the personal property has been released
upon the deposit of the full payment currently owed for removal and
storage charges and the owner has properly requested a hearing, the
hearing shall take place within 15 days after the release of such
personal property, unless the owner requests a later date convenient
to all parties.
b.
In those instances where the personal property remains impounded,
the hearing shall take place, at the option of the owner:
(1)
On the next day after the owner's demand for such hearing,
excluding Saturdays, Sundays and holidays; if such demand is made
after 3:00 p.m., or if the unavailability of a necessary witness or
evidence creates a particular difficulty in conducting the hearing
on the next calendar day, then a hearing shall be held on the second
day following the request, excluding Saturdays, Sundays and holidays;
or
(2)
If acceptable to the owner, within 15 days of said request on
a date convenient to all parties.
4.
Conduct Of Post-Removal Hearing: The hearing officer shall review
all evidence presented by the personal property owner and the City
police department or other City employees, and shall make a finding
based upon the preponderance of the evidence presented, as to the
lawful authority for the removal and storage of the personal property.
The City must establish such authority by a preponderance of the evidence.
5.
Post-Removal Hearing Decision: For each hearing, the hearing officer shall complete a post-removal hearing decision and attach such decision to the City police department's original removal report, and supply a copy of the decision to the owner by personal delivery if the owner is present, otherwise by mail. The decision and findings shall be substantially as stated in the form for the post-removal hearing decision provided for in Section 4-7-7 of this chapter.
6.
Documents Retained; Contesting Decisions: All originals or copies
of the notices, post-removal hearing decisions, removal reports, and
any associated police reports or documents shall be retained by the
City police department for a period of at least five years after each
hearing, or after each removal if no hearing was requested or held.
The City or the owner of the personal property may contest the decision
or the hearing in any manner provided by law.
7.
Removal Services Subject To Provisions: Notwithstanding any other
ordinance or statutory provisions to the contrary, any removal service
operator authorized to perform removals of personal property on behalf
of the City must perform its services subject to the provisions of
this chapter. However, the removal company shall have the right to
recover the reasonable value of its services from the City for police
ordered removals which are not paid by the personal property owner.
Provided, however, that if a removal or the charge for a removal of
personal property is found by a court to be illegal and the removal
service operator is required to return the charge for the removal
to the owner of the personal property, the City shall not be liable
to reimburse the operator for the removal charges.
[Ord. 789, 3-16-1998]
B.
Pre-Tow Notice:
1.
Notice pursuant to this subsection shall be personally delivered to the owner or shall be forwarded by certified or registered mail, return receipt requested, to the address of the owner of the vehicle as indicated in the most current registration list of the secretary of state. The notice shall be in the form provided for in Section 4-7-7 of this chapter. In the event that an out of state vehicle is proposed to be towed, inquiry by computer, telephone or letter shall be made of the secretary of state of the particular jurisdiction for the furnishing of the most current registered name and address of the owner of the vehicle, and notice shall be mailed as provided herein to the address furnished, though in no case will the City be required to delay towing more than seven days after the date of the mailing or personal delivery of the notice if no request for a hearing has been received within that seven day period.
2.
A notice of intent to tow sticker with the earliest date upon which
the tow may take place and the address and telephone number of the
City police department shall be placed on the vehicle.
C.
Pre-Tow Hearing Procedures:
1.
Opportunity For Hearing: The owner or person entitled to possession
of a vehicle to be towed as an abandoned vehicle shall have seven
days after the date of mailing or personal delivery of the notice
to request in writing a pre-tow hearing. Subsequent to this seven-day
period, the vehicle may be towed if the owner has not filed a written
hearing request within the seven-day period, and any hearing rights
under the provisions of this chapter will be deemed waived.
2.
Scheduling Of Pre-Tow Hearing: The pre-tow hearing shall be scheduled
for a date within 14 days of the mailing or personal delivery of the
pre-tow notice. The City shall not be required to delay towing longer
than such fourteen-day period.
3.
Request For Pre-Tow Hearing: Requests for a pre-tow hearing are to
be made in person to the office indicated on the notice. Requests
for hearings by persons who reside more than 50 miles from the City
may be made by mail. Forms for such requests shall be made available
at the City police department. At the time of making the request,
the owner will be provided a hearing date and time by mail or in person,
as the circumstances require.
4.
Appointment Of Hearing Officer: The City shall choose an officer
or employee of the City to serve as a hearing officer. In no case
shall that hearing officer be an individual who was involved in the
initial decision to tow the vehicle. The hearing officer shall have
the authority to require the presence of the enforcement officer who
initiated the proposed tow or any other City personnel.
5.
Nature Of Hearing: The hearing shall be informal in nature, and the
rules of evidence shall not apply. The hearing will not be determinative
of, or adjudicate, any citation relative to any vehicle. After receiving
all relevant evidence, the hearing officer shall make a written decision
(pre-tow hearing decision) based upon a preponderance of the evidence
as to whether towing of the vehicle is authorized by the laws of the
state or the ordinances of the City, with a specific statutory or
ordinance section cited in the decision. The owner shall be provided
a copy of the pre-tow hearing decision.
6.
Decision To Tow; Rates: If the preponderance of the evidence supports towing and compliance with the provisions of this chapter, the hearing officer shall direct that the vehicle be towed, with any towing and storage costs to then be imposed upon the owner thereof. The fees to be charged for towing and storage services shall be no more than maximum rates set by the chief of police pursuant to the provisions of Subsection 4-7-4B5 of this chapter. The owner of said vehicle having had a pre-tow hearing may avoid the towing by immediately removing the vehicle from the improper location to a proper, lawful location and correcting any unlawful condition of the vehicle.
7.
Decision Not To Tow: If the preponderance of the evidence fails to
support towing of the vehicle, the hearing officer shall direct that
the vehicle shall not be towed. The City shall furnish a copy of such
decision to the owner, who may place it inside the vehicle in a location
plainly visible from the outside, such as the dashboard or rear window.
No vehicle about which such a decision has been rendered shall be
towed by the City unless the circumstances under which the decision
was rendered have changed. If at some subsequent time the City should
wish to tow the vehicle from the same location, it shall follow the
same procedures required for the towing of any other similarly situated
vehicle.
8.
Documents Retained; Contesting Decisions: Originals or copies of
all notices, pre-tow hearing decisions, towing reports, and any associated
police reports or documents shall be retained by the City police department
for a period of at least five years after each hearing, or after each
tow if no hearing was requested or held. The City or the owner may
contest the decision of the hearing officer in any manner provided
by law.
[Ord. 789, 3-16-1998]
A.
Towing And Removal With Prior Notice: Accumulations of junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances may be removed after the mailing or delivery of prior notice and the affording of an opportunity for hearing as provided in Subsections B and C of this section.
B.
Notice Prior To Removal:
1.
Notice pursuant to this subsection shall be personally delivered to the owner or shall be forwarded by certified or registered mail, return receipt requested, to the address of the owner of the premises on which the junk, vehicle parts, used machinery, nonfunctional equipment, refuse, trash, and other similar items and substances are located. Notice shall be in the form provided for in Section 4-7-7 of this chapter.
2.
A notice of intent to remove sticker with the earliest date upon
which the removal may take place and the address and telephone number
of the City police department shall be placed in a conspicuous place
on the premises on or near the junk, vehicle parts, used machinery,
nonfunctional equipment, trash, refuse, or similar items or substances,
to be removed.
C.
Pre-Removal Hearing Procedures:
1.
Opportunity For Hearing: The owner or person entitled to possession
of the premises on which junk, vehicle parts, used machinery, nonfunctional
equipment, trash, refuse, or similar items or substances, to be removed
is located shall have seven days after the date of mailing or personal
delivery of the notice to request, in writing, a pre-removal hearing.
Subsequent to this seven-day period, the junk, vehicle parts, used
machinery, nonfunctional equipment, trash, refuse, or similar items
or substances, may be removed, if the owner has not filed a written
hearing request within the seven-day period, and any hearing rights
under the provisions of this chapter will be deemed waived.
2.
Scheduling Of Pre-Removal Hearing: The pre-removal hearing shall
be scheduled for a date within 14 days of the mailing or personal
delivery of the pre-removal notice. The City shall not be required
to delay removal longer than such fourteen-day period.
3.
Request For Pre-Removal Hearing: Requests for a pre-removal hearing
are to be made in person to the office indicated on the notice. Request
for hearing by persons who reside more than 50 miles from the City
may be made by mail. Forms for such request shall be made available
at the City police department. At the time of making the request,
the owner will be provided a hearing date and time by mail or in person,
as the circumstances require.
4.
Appointment Of Hearing Officer: The City shall choose an officer
or employee of the City to serve as a hearing officer. In no case
shall that hearing officer be an individual who was involved in the
initial decision to remove the junk, vehicle parts, used machinery,
nonfunctional equipment, trash, refuse, or similar items or substances.
The hearing officer shall have the authority to require the presence
of the enforcement officer who initiated the proposed removal or any
other City personnel.
5.
Nature Of Hearing: The hearing shall be informal in nature, and the
rules of evidence shall not apply. The hearing will not be determinative
of, or adjudicate, any citation relative to the presence of any junk,
vehicle parts, used machinery, nonfunctional equipment, trash, refuse,
or similar items or substances upon any described premises. After
receiving all relevant evidence, the hearing officer shall make a
written decision (pre-removal hearing decision), based upon a preponderance
of the evidence as to whether removal of the junk, vehicle parts,
used machinery, nonfunctional equipment, trash, refuse, or similar
items or substances is authorized by the laws of the state or the
ordinances of the City, with a specific statutory or ordinance section
cited in the decision. The owner shall be provided a copy of the pre-removal
hearing decision.
6.
Decision To Remove; Rates: If the preponderance of the evidence supports removal and compliance with the provisions of this chapter, the hearing officer shall direct that the junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances, be removed with any removal and storage cost to then be imposed upon the owner thereof. The fees to be charged for removal and storage services shall be no more than the maximum rates set by the chief of police pursuant to the provisions of Subsection 4-7-4D5 of this chapter. The owner of said junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances, having had a pre-removal hearing, may avoid the removal by immediately removing the junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances, from the improper location to a proper, lawful location and correcting any unlawful condition of the premises in regard to the presence thereon of junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances, such as to constitute a nuisance or other violation of the ordinances of the City.
7.
Decision Not To Remove: If the preponderance of the evidence fails
to support removal of the junk, vehicle parts, used machinery, nonfunctional
equipment, trash, refuse, or similar items or substances, the hearing
officer shall direct that the junk, vehicle parts, used machinery,
nonfunctional equipment, trash, refuse, or similar items or substances
shall not be removed. The City shall furnish a copy of such decision
to the owner, who may place it on or about the premises in a location
plainly visible from the street, such as a window, wall of a building,
or other easily visible place. No junk, vehicle parts, used machinery,
nonfunctional equipment, trash, refuse, or similar items or substances,
about which such a decision has been rendered, shall be removed by
the City unless the circumstances under which the decision was rendered
have changed. If at some subsequent time the City should wish to remove
the junk, vehicle parts, used machinery, nonfunctional equipment,
trash, refuse, or similar items or substances from the same location,
it shall follow the same procedures required for the removal of any
other similarly situated items.
8.
Documents Retained; Contesting Decisions: Originals or copies of
all notices, pre-removal hearing decisions, removal reports, and any
associated police reports or documents shall be retained by the City
police department for a period of at least five years after each hearing,
or after each removal if no hearing was requested or held. The City
or the owner may contest the decision of the hearing officer in any
manner provided by law.
[2003 Code]
The necessary forms required by this chapter are available in
the office of the City Clerk.
