§ 26-167. Impoundment after prior notice.

(a)

A vehicle that is otherwise subject to impoundment pursuant to Federal, State, or local law but not subject to impoundment without prior notice pursuant to Section 26-166 of this Code may not be impounded until seven (7) calendar days after notice of such proposed impoundment has been securely attached to, and conspicuously displayed on, the vehicle and has been mailed 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.

(b)

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 (7) 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.

(c)

If a request for a hearing is received by the Police Department within seven (7) calendar days of the posting of the notice and mailing, a hearing shall be held before a hearing officer designated by the County Attorney pursuant to the procedures set forth for post seizure hearings in Section 26-169(c) and (d) of this Code within twenty-one (21) calendar days of the request. The vehicle shall not be impounded unless the hearing officer finds that there is probable cause to impound the vehicle. Reasonable charges for costs attributable to the towing and storage of the vehicle impounded are hereby authorized. These charges shall be paid to the custodian of the vehicle by the person to whom the vehicle is registered, his authorized agent or the person to whom the vehicle is released.

(CB-124-1982)