[Added 10-26-1982 by Ord. No. 82-O-7]
[Amended 8-14-1991 by Ord. No. 91-O-19]
As used in this Article, the following terms
shall have the meanings indicated:
Any motor vehicle, trailer or semi-trailer that:
Is inoperable and left unattended on public
property for more than 48 hours.
Has remained illegally on public property for
more than 48 hours.
Has remained on private property without the
occupant's or owner's consent for more than 48 hours and:
Is inoperable in that one or more of its major
mechanical components, including but not limited to the engine, transmission,
drive train and wheels, is missing or not functional, unless such
vehicle is kept in an enclosed building as permitted in the county's
zoning regulations;
Is not displaying currently valid registration
plates; or
Is displaying registration plates of another
vehicle.
Any partially dismantled, wrecked or junked
motor vehicle may be presumed to have been or be abandoned.
A.
Impoundment without prior notice and opportunity for
hearing. A vehicle subject to impoundment under any provision of federal,
state or local law may be impounded without giving prior notice and
an opportunity for a hearing to its owner under the following circumstances:
[Amended 3-22-1983 by Ord. No. 83-O-3; 8-14-1991 by Ord. No.
91-O-19]
(1)
When the vehicle is impeding or is likely to impede
the normal flow of vehicular or pedestrian traffic;
(2)
When the vehicle poses an immediate danger to the
public safety or jeopardizes the public welfare;
(3)
When the vehicle is abandoned and does not contain
license plates or other such identification;
(4)
In addition to immobilization as provided for in § 184-16D, when any vehicle is parked in violation of the city's Vehicles and Traffic Code while having two or more unsatisfied city parking violation citations, that is, each of which exceeds the fifteen-day payment date specified in either § 184-16B(1) or 184-20B(1) or 184-44 and on which timely notice of election to stand trial or to request review by a city Parking Violation Review Officer under either § 184-16.1 or 184-20.1 has not been sent by the alleged offender;
[Amended 3-22-1994 by Ord. No. 93-O-8A; 12-13-1994 by Ord. No. 94-O-10; 3-28-2000 by Ord. No. 00-O-1]
(5)
When the vehicle is illegally parked in any zone or
area that has been limited to designated classes of vehicles or where
parking is prohibited during certain hours, on designated days or
at all times and where such vehicle is interfering with the proper
and intended use of such zones or areas; or
(6)
When the operator of the vehicle has been taken into
custody and impoundment of the vehicle is reasonably necessary to
provide for the safekeeping of the vehicle.
B.
Impoundment after notice and hearing.
(1)
A vehicle that is otherwise subject to impoundment
pursuant to federal, state or local law but not subject to impoundment
without prior notice and an opportunity for a hearing pursuant to
this Code may not be impounded until seven calendar days after the
notice of such proposed impoundment has been securely attached to
and conspicuously displayed on the vehicle and has been sent by registered
or certified mail to the last known address of the registered owner
and to each secured party as may be disclosed by the vehicle license
number and to any other person who claims the right to possession
of such vehicle and whose identity is known.
(2)
The notice shall state that the owner, secured party
of the motor vehicle or one who claims possession may request a hearing
to determine whether there is probable cause to impound the vehicle
within seven calendar days of the posting of the notice on the vehicle
and the mailing. Failure to timely request a hearing shall be deemed
a waiver of the right to a hearing.
(3)
If a request for a hearing is received by the City of College Park Public Services Department within seven calendar days of the posting of the notice and mailing, a hearing shall be held within 24 hours of said request before a hearing officer designated by the City Manager pursuant to the procedures set forth for post-seizure hearings in § 184-33C and D of this Code. The vehicle shall not be impounded unless the hearing officer finds that there is probable cause to impound the vehicle. The code enforcement officers of the City of College Park and/or the private towing company shall be authorized to make reasonable charges of costs incident to the towing and storage of the vehicle. These charges shall be paid to the custodian of the vehicle by the person to whom the vehicle is registered, his/her authorized agent or the person to whom the vehicle is released.
[Amended 9-10-1991 by Ord. No. 91-O-22; 12-10-1991 by Ord. No. 91-O-24]
[Amended 9-10-1991 by Ord. No. 91-O-22; 3-22-1994 by Ord. No. 93-O-8A; 5-11-1999 by Ord. No. 99-O-4]
A.
Within 48 hours after impoundment of any vehicle pursuant to § 184-31A of this Code, the Code Enforcement Officer of the City of College Park Public Services Department shall send, by registered or certified mail, a notice to the last known registered owner of the vehicle and to each secured party as may be disclosed by the records of the Maryland Motor Vehicle Administration and to any other person who claims the right to possession of the vehicle, if such a claim is actually known to an officer, agent or employee of the Public Services Department who has knowledge of the impoundment. If a code enforcement officer who has knowledge of the impoundment has reason to believe that an owner or one who claims the right to possession of the vehicle is residing or is in custody at some different address which is known to the officer, a copy of the notice shall also be mailed by regular mail to such owner or claimant at the known address. If a vehicle is redeemed prior to the mailing of such notice, then notice need not be mailed.
B.
The notice shall contain the following:
(1)
A statement that the vehicle has been taken into custody
and the reason why the vehicle has been impounded.
(2)
The year, make, model and vehicle identification number
of the vehicle.
(3)
The location of the impoundment facility where the
vehicle is being held.
(4)
A statement that the vehicle owner and/or secured
party have the right to a hearing to contest the validity of the impoundment
at any time within 21 calendar days of the date of such notice by
filing a request for hearing with the Public Services Department on
a request form which shall be included with such notice.
(5)
A statement that the owner and/or the secured party
have the right to reclaim the vehicle within three weeks after the
date of the notice upon payment of all towing and storage and immobilization
charges resulting from the storage and towing and immobilization of
the vehicle and all other outstanding and overdue parking tickets.
(6)
A statement that failure to request a hearing or reclaim
the vehicle in the time provided shall result in:
(a)
A waiver by the owner or secured party of all
of the owner's or secured party's right, title and interest in the
vehicle;
(b)
The consent to the sale of the vehicle at public
auction;
(c)
And consent by the owner other than a lessor
to the retention of the vehicle for public purposes as provided by
applicable law.
A.
Within 21 calendar days from the date notice is mailed by the Public Services Department, pursuant to § 184-31B, the owner or secured party of a vehicle which has been impounded may request that a hearing be held to determine whether there was probable cause to impound the vehicle. The request for a hearing shall be made by filing a request for hearing form with the Public Services Department.
[Amended 9-10-1991 by Ord. No. 91-O-22]
B.
A hearing shall be conducted before a hearing officer
designated by the City Manager within 24 hours of receipt of a written
demand therefor from the person seeking the hearing, unless such person
waives the right to speedy hearing. Saturdays, Sundays and county
holidays are to be excluded from the twenty-four-hour period.
[Amended 12-10-1991 by Ord. No. 91-O-24]
C.
The sole issue before the hearing officer shall be
whether there was probable cause to impound the vehicle in question.
"Probable cause to impound" shall mean such a state of facts as would
lead a person with ordinary care and prudence to believe that there
was sufficient breach of local, state or federal law to grant legal
authority for the removal of the vehicle.
D.
The hearing officer shall conduct the hearing in an
informal manner so as to provide fundamental fairness and shall not
be bound by formal rules of evidence. The person demanding the hearing
shall carry the burden of establishing that such person has the right
to possession of the vehicle. The Public Services Department shall
carry the burden of establishing that there was probable cause to
impound the vehicle in question. At the conclusion of the hearing,
the hearing officer shall prepare a written decision which shall be
made available to all interested parties. The hearing officer's decision
in no way affects any criminal proceeding in connection with the impoundment
in question, and any criminal charges shall only be challenged in
the appropriate court. The decision of the hearing officer is final.
Failure of the registered or legal owner to request or attend a scheduled
hearing shall be deemed a waiver of the right to such hearing.
[Amended 9-10-1991 by Ord. No. 91-O-22]
[Amended 9-10-1991 by Ord. No. 91-O-22]
A.
If the hearing officer determines that there was no
probable cause to impound the vehicle, the hearing officer shall prepare
and date a certificate of no probable cause, copies of which shall
be given to the person who has the right to possess the vehicle and
the Public Services Department. Upon presentation of this certificate,
the custodian of the vehicle shall release the vehicle without payment
of towing and storage fees. The cost of the hearing and towing and
storage fees shall be paid by the City of College Park. Failure to
present this certificate to the custodian of the vehicle within 24
hours of its receipt, excluding such days when the custodian is not
open for business, shall result in the liability of the owner or possessor
of all subsequent storage charges and a lien by the custodian of the
vehicle for the amount of such charges.
B.
If the hearing officer determines that there was probable
cause to impound the vehicle, then the vehicle can be reclaimed only
after payment of the costs of the hearing and all towing and storage
charges and costs of notice incurred by the City of College Park Public
Services Department in connection with the impoundment, in addition
to the payment of all other outstanding and overdue parking tickets.
A.
The owner or secured party of a vehicle which has
been impounded may redeem such vehicle without a hearing by paying
all towing and storage charges and the costs of the notice incurred
by the City of College Park Public Services Department in connection
with said impoundment, in addition to the payment of all other outstanding
and overdue parking tickets.
[Amended 9-10-1991 by Ord. No. 91-O-22]
B.
The owner or secured party may redeem the vehicle
prior to a hearing without waiving the right to a hearing by posting
a bond in the amount of all towing and storage charges and costs of
notice incurred by the City of College Park Public Services Department
accruing up to the scheduled date of the hearing. This bond shall
be forfeited in the event that the person requesting a hearing fails
to attend the scheduled hearing or the hearing officer determines
that there was probable cause to impound the vehicle.
[Amended 9-10-1991 by Ord. No. 91-O-22]
C.
In no event shall a vehicle be released until the
registered owner or secured party thereof has paid all outstanding
and overdue parking tickets subject to said vehicle.
