4-7-6-5: POSTSTORAGE HEARING:

   A.   Whenever a city law enforcement officer directs the towing or storage of a vehicle, except vehicles impounded for investigation pursuant to section 4-7-6-3 of this chapter (the emergency removal provision), the city shall provide the vehicle's registered and legal owner(s) of record, or their agents, with the opportunity for a poststorage hearing to determine the validity of the storage.

   B.   A notice of the storage shall be sent by certified mail to the registered and legal owner(s) within forty eight (48) hours, excluding the weekends and holidays, and shall include the following information:

      1.   The name, address and telephone number of the city providing the notice;

      2.   The location of the place of storage and description of the vehicle which shall include, if available, the name or make, identification number, the license plate number, and the mileage;

      3.   The authority and purpose for the removal of the vehicle; and

      4.   In order to receive a poststorage hearing, the owner(s), or their agents, must request the hearing in writing within ten (10) days of the date of the notice. Any such hearing shall be conducted within forty eight (48) hours of the request, excluding weekends and holidays. The city may authorize its own city law enforcement officer or employee to conduct the hearing, so long as the hearing officer is not the same person who directed the storage of the vehicle.

   C.   Failure of either the registered or legal owner, or his agent, to request or to attend a scheduled hearing shall satisfy the poststorage hearing requirement as to that person.

   D.   The provisions of this section shall not apply to vehicles removed from private property pursuant to section 4-7-6-6 of this chapter.

   E.   The city shall be responsible for the costs incurred for towing and storage if it is determined in the hearing that probable cause for storage cannot be established. (Ord. 247, 7-19-1994)