§ 26-149. Delinquent vehicle list.

(a)

The police department shall be responsible for creating and maintaining the delinquent vehicle list.

(b)

A delinquent vehicle may be placed on the delinquent vehicle list after notice has been issued as provided in subsection (c) and a hearing, if requested, under subsection (d).

(c)

At least fifteen (15) days prior to placing a delinquent vehicle on the delinquent vehicle list, the administrator shall mail a notice to the owner, at the address stated on the most current registration records available to the city from the state, or any more current address of which the administrator of [or] chief of police has actual written notice, by first class United States mail, postage prepaid. The notice shall set forth:

(1)

The make, year, model, and license plate number of the alleged delinquent vehicle.

(2)

A date certain on which the delinquent vehicle will be subject to placement on the delinquent vehicle list.

(3)

A list of the three (3) or more alleged unresolved parking citations, including the citation number, date, time, place of the violation, and the nature of the violation.

(4)

That the owner may avoid the vehicle's being placed on the delinquent vehicle list by making an appearance on the unresolved parking citations.

(5)

The name, mailing address (and street address if different), and telephone number of the city office or agency that may be contacted for a hearing if any of the alleged unresolved parking citations has been resolved by appearance, or if the recipient was not the owner of the vehicle when any of the alleged unresolved parking citations was issued, or if the title to the vehicles has been transferred since the unresolved parking citations were issued.

(6)

That administrative fees and towing storage fees may be payable to obtain the release of a vehicle towed pursuant to this article in addition to appearance on any unresolved parking citations.

The notice required under this action may be mailed for a vehicle that is not yet a delinquent vehicle, provided that there are already two (2) unresolved parking citations and that a third parking citation (which shall also be specified in the notice) will become unresolved if an appearance is not made thereon by the date specified for placement of the vehicle on the delinquent vehicle list.

(d)

After expiration of the date certain provided in the notice issued under subsection (c), the administrator shall review the records to ensure that the alleged unresolved citations have not been resolved by appearance, and that no information has been received indicating that the notice was erroneous. The administrator shall not have the authority to adjudicate any parking citation; however, he shall meet with any person desiring to present evidence that a notice given under subsection (c) is erroneous, shall afford the person an opportunity to present any relevant evidence on the matter, and shall mail or otherwise furnish a written notice to the person of his decision.

If the request for a hearing is received by the administrator before the date specified in the notice for placement of the vehicle on the delinquent vehicle list, then the administrator shall afford the applicant an opportunity for a hearing prior to placing the vehicle on the delinquent vehicle list, and, if the applicant timely appears for the hearing as scheduled by the administrator, shall furnish the applicant written notice of his decision prior to placing the vehicle on the delinquent vehicle list.

(e)

Once a vehicle has been placed on the delinquent vehicle list, it shall not be removed from the list unless and until:

(1)

All unresolved parking citations issued during the time it has been registered to or otherwise held by the owner are resolved by appearance;

(2)

The administrator receives reliable information that title to the vehicle has been transferred; or

(3)

The administrator determines that the placement of the vehicle on the delinquent vehicle list was erroneous.

(f)

If a vehicle is not properly registered in the state or no registration information is available to the city and the vehicle has three (3) or more unpaid parking tickets, then notice shall be provided by posting on the vehicle a conspicuous notice which shall set forth:

(1)

A description of the alleged delinquent vehicle.

(2)

A date certain on which the delinquent vehicle will be subject to placement on the delinquent vehicle list.

(3)

That the owner may avoid placement of the vehicle on the delinquent vehicle list by making an appearance on the unresolved parking citations.

(4)

That the vehicle will be subject to towing once it is placed on the delinquent vehicle list.

(Ord. No. 2013-02, § 1, 1-22-2013)