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HomeMy WebLinkAboutordinance.council.073-82 RECORD OF PROCEEDINGS 100 Leaves (Series of 1982) AN ORDINANCE R~LING AND REENACTING SECTIONS 22-27 AND 22-28 OF THE MU.~ICIPAL ~_Q~ OF THE CITY OF ASPEN, COLORADO, FOR THE PURPOSE OF REAFFIRMING AND CODIFYING THE CITY'S PROCEDURE FOR PROVIDING NOTICES OF IMPOUNDMENT OF REMOVED (TOWED) VEHICLES AND AN OPPORTUNITY FOR A HEARING REGARDING REM~Q~_A~~ AND TQWING AND STORAGE ~EES ASSESSED ............... WHEREAS, administrative procedures are currently in effect in the City of Aspen to provide notices of impoundment of removed (towed) vehicles and hearings regarding the removal and the towing and storage charges assessed; and WHEREAS, the City Council desires to repeal and reenact Sec- tions 22-27 and 22-28 of the Municipal Code for the purpose of reaffirming and codifying the City's procedure for providing notices of impoundment and hearings regarding removal and towing and storage fees of impounded vehicles. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 22-27 of the Municipal Code of the City of Aspen, Colorado, be repealed and re-enacted to read as follows: "Sec. 22-27. Charges for Release. No vehicle removed and stored or impounded as provided for in this article shall be released until the charge for towing or otherwise removing such vehicle together with the charge for storage of the same shall have been paid or exonerated. The charges for towing, removal, storage and impoundment of such vehicles shall be established by the City Council." Section 2 ,.%~ That Section 22-28 of the Municipal Code of the City of Aspen, Colorado, be and the same is hereby repealed and reenacted to read as follows: ~ "Sec. 22-28. Notices of Impoundment and H~rings for Impounded Vehicles. Notices of impoundment and hearings regarding the removal and towing and storage fee assessments for vehicles removed and RECORD OF PROCEEDINGS 100 Leaves impounded pursuant to the authority contained in this article shall be provided as follows: (a) Whenever a vehicle is impounded as authorized in this article, the officer or employee of the City who removed the vehicle or caused it to be removed and impounded shall make a diligent effort to ascertain from the registration, other records in the vehicle or otherwise, the name and address of the owner or any other person legally entitled to possession of the vehicle and shall immediately give or cause to be given notice in writing to such owner or person legally entitled to possession indicating the fact of such removal, the reason there- for, and the place to which such vehicle has been removed and the right to a post-removal administrative hearing as set forth in this section. Written notice shall be mailed within forty-eight (48) hours of the removal. (b) Any person demonstrating a legal entitlement to posses- sion of an impounded vehicle has a right to a post- removal administrative hearing to determine whether there was probable cause to impound the vehicle and shall be so advised at the time the vehicle is re- trieved. Demands for a hearing must be filed in writing on forms provided for such a hearing, with the City Manager within ten (10) days after the vehicle has been impounded or within ten (10) days after the mailing of the written notice of impounded vehicle required in sub- section (a), whichever occurs first. (c) Upon written request, a hearing shall be conducted before a hearing officer designated by the City Manager within forty-eight (48) hours of the receipt of a writ- ten demand therefor from the person seeking the hearing unless such person waives the right to a speedy hearing. Saturdays, Sundays and City holidays shall be excluded from the calculation of the forty-eight (48) hour per- iod. The hearing officer shall be someone other than the person who directed the removal and impounding and storage of the vehicle. The sole issue before the hear- ing officer shall be whether there was probable cause to impound the vehicle. "Probable cause to impound" shall mean such a state of facts as would lead a person of 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 and shall not be bound by technical rules of evidence. The officer or other person respon- sible for the removal and impounding of the vehicle shall carry the burden of establishing that there was probable cause to remove and impound the vehicle in question. At the conclusion of the hearing, the hearing officer shall prepare a written decision. A copy of such decision shall be provided to the person demanding the hearing and the registered owner of the vehicle (if not the person requesting the hearing). The hearing officer's decision shall in no way affect any traffic or criminal proceedings in connection with the removal and 2 RECORD OF PROCEEDINGS 100 Leaves impound in question, and any such traffic or criminal charges involved in such proceeding may only be chal- lenged in the appropriate court. The decision of the hearing officer shall be final. Failure of the regis- tered or legal owner or their agent to request or attend a scheduled post-removal hearing shall be deemed a waiver of the right to such hearing. (e) The hearing officer shall only determine that as to the vehicle in issue either (1) there was probable cause to impound the vehicle, or (2) there was no such probable cause. In the event that the hearing officer determines that there was no probable cause, the hearing officer shall prepare and date a certificate of no probable cause, copies of which shall be given to the possessor of the vehicle and the officer or employee who caused the vehicle to be removed and impounded. Upon receipt of the possessor's copy of such certificate, the City or the official police garage having custody of the vehicle shall release the vehicle to its possessor. Upon a finding of no probable cause, towing and storage fees shall be assumed by the City. If such towing and stor- age fees have already been paid, they shall be reim- bursed by the City. Section 3 The City Council hereby expresses its willingness to submit to the jurisdiction of any state or federal court having authority to determine the notice and hearing requirements applicable to the removal and impoundment of vehicles and hereby declares that, if necessary, it will endeavor to enact and implement such court determined requirements. Section 4 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 5 A public hearing on the ordinance shall be held on the~ day of /~,~C.~ , 1982, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. 3 RECORD OF PROCEEDINGS 100 Leaves INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen on the /3 day of ~ , 1982. _~ ~ He~han Edel, Mayor ATTEST: FINALLY adopted, passed and approved on this j~ day of ~~~ , 1982. He r~y o~,, ATTEST: Kathryn s, City Clerk 4 RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) ss CERTIFICATE COUNTY OF PITKIN ) I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on '~/~ reading at a regular meeting of the City Council of the City of Aspen on ~ /3 , 19 ~ , and published in the Aspen Times a weekly newspaper of general circulation published in the City of Aspen, Colorado, !n its issue of ~ /~ , 19 ~ , and was finally adopted and approved at a regular meeting of the City Council on ~ /3 · 19 ~ , and ordered published as Ordinance No. ~ , Series of 19 ~ , of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado this ~ day Kathryn S~Koch, City Clerk SEAL Deputy City Clerk