Section 10.82.045 Impoundment for accumulated parking violations.

1. If any vehicle has accumulated three or more delinquent parking tickets as defined in this code, such vehicle may be towed and impounded or may be impounded by use of a "denver boot" or a similar device as hereinafter provided.

a. Towing and impoundment shall occur only after notice and opportunity for administrative hearing is offered to the last known owner or person entitled to possession of such motor vehicle. No vehicle shall be towed and impounded unless such vehicle in on a public street or in a public parking lot or ramp and is in violation of the parking regulations of this title.

b. The first notice shall be in writing and shall be affixed to a window of a vehicle found illegally parked on public property after the vehicle has outstanding one or more delinquent tickets. A second separate notice shall be attached to a window of a vehicle after two or more delinquent tickets have been issued to that vehicle. The second notice shall warn the owner or operator of the vehicle that it is subject to tow and/or impoundment and that the owner may request an administrative hearing prior to towing and/or impoundment if such request is made not later than 4:30 p.m. of the next business day after the notice is affixed to the window of the vehicle. The notice shall also state that failure to request a hearing within the time allowed or failure to appear at a requested hearing waives the opportunity for hearing and that the owner or person entitled to possession of the vehicle shall be responsible for all charges and costs incurred in towing and/or impoundment of the vehicle in addition to charges for unpaid parking tickets.

c. If a hearing is requested the hearing will be conducted in the manner set forth in Section 10.82.110.

3. Impoundment by use of the "denver boot" is subject to the following conditions:

a. Impoundment shall not exceed twenty-four hours except a peace officer may extend or reduce such time period for safety or traffic reasons. No vehicle shall be impounded within the traveled portion of any street or any portion of the street or sidewalk when the impoundment at such place would create a hazard to the public or traffic. Upon expiration of the twenty-four hour time period, the vehicle shall be towed and impounded.

b. It shall be unlawful for any person to move a motor vehicle to which a "denver boot" has been attached. It shall be unlawful for any person other than an authorized city employee or its agent to remove or attempt to remove a "denver boot".

c. An administrative fee of $100.00 shall be assessed to the person in possession of the vehicle upon removal of the “denver boot”. (Ord. 2007-0430)