2010-09 AMENDING CITY CODE - CHAPTER 34 - TRAFFIC

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each month. The hearing shall be scheduled not less than seven (7) days and not more than thirty (30) days after notice thereof is mailed. All interested persons shall be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence shall not apply and hearsay evidence shall be admissible. The hearing shall be open to the public and a court reporter shall transcribe the proceedings. E. If, after the expiration of twenty-one (21) days after the notice of impending immobilization and impoundment, the outstanding fines remain unpaid, a written request for a hearing has not been submitted to the City of Decatur's Legal Department, if the owner requesting a hearing fails to appear at such hearing, or after a hearing, the owner has been found liable, a Parking Meter Checker may cause an immobilization device to be attached to the eligible vehicle in a manner to prevent the operation of the vehicle when said vehicle is on the public way or any City-owned property. Once an immobilization device has been attached, the vehicle is eligible for impoundment. If the vehicle subject to immobilization cannot be fitted with the device, the vehicle may be impounded by a Parking Meter Checker. F. When a vehicle has been immobilized and/or impounded, a notice shall be mailed to the address of the registered owner notifying the owner of the procedures to have the vehicle released. Such notice shall contain the following: (1) the date and time when the vehicle was immobilized and/or impounded; (2) the amount which must be paid to have the vehicle released; (3) a contact name, address and phone number for where the fines, penalties and fees may be paid. A Thirty-Five Dollar ($35.00) fee is assessed when an immobilization device is utilized on a vehicle. G. Any registered owner of a vehicle impounded may have the vehicle removed from the storage area by paying all costs incurred in towing and storing the vehicle, together with the full amount due on the unpaid parking tickets and any penalties and fees associated with the immobilization and impound. Fees for towing and storage of a vehicle shall be the same as those charged per the applicable contract for towing service with the City in effect at the time. I1. No person shall move or cause to be moved any vehicle that has an immobilization device attached thereto except as authorized by the City of Decatur and its employees. Further, no person shall remove or cause to be removed from any vehicle an immobilization device placed thereon under the authority of the City of Decatur and its employees except as authorized to do so by the City. Further, it shall be unlawful to interfere with or hinder any officer or employee of the City, or those designated to act on behalf of any officer or employee of the City, while he is engaged in the duties of the enforcement of this section. Any person who is found to have violated this subsection shall be fined in an amount of not less than One Hundred Dollars ($100.00) and no more than Five Hundred Dollars ($500.00). 1. This Chapter shall not apply to those who have entered into a payment arrangement with the City for unpaid parking citations and are current on those payments.