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A. The owner of a vehicle that is removed and either immobilized or impounded pursuant to Section 23-55, the spouse of the owner identified on the Department of Transportation Motor Vehicle Division record with an interest in the vehicle, the operator of the vehicle, and any person who establishes a possessory interest in the vehicle shall be provided with an opportunity for an immobilization or poststorage hearing pursuant to this Section.

B. If a Peace Officer removes and either immobilizes or impounds a vehicle pursuant to Section 23-55, the Police Department will provide the owner, the spouse of the owner identified on the Department of Transportation Motor Vehicle Division record, the operator of the vehicle, and any person who establishes a possessory interest in the vehicle with the opportunity for an immobilization or poststorage hearing to determine the validity of the immobilization or storage of the vehicle. The Police Department shall serve the operator of the vehicle at the time of immobilization or impoundment with the notice of immobilization or storage. Within two business days after immobilization or impoundment, excluding weekends and holidays, the Police Department shall send a notice of immobilization or storage by first class mail to each owner identified on the Department of Transportation Motor Vehicle Division record and to any person known to the Police Department to have a possessory interest in the vehicle. Service of notice of immobilization or storage is complete on mailing.

C. The notice of immobilization or storage shall include all of the following information:

1. A statement that the vehicle was immobilized or impounded.

2. The name, address and telephone number of the Police Department that will provide the immobilization or poststorage hearing.

3. The location of the place of storage and a description of the vehicle, including, if available, the manufacturer, model, and license plate number.

4. A statement that in order to receive an immobilization or poststorage hearing the owner or the spouse of the owner identified in the Department of Transportation Motor Vehicle Division record, the operator of the vehicle, or any person with a possessory interest in the vehicle, within ten business days after the date on the notice, shall request an immobilization or poststorage hearing by contacting the Police Department and requesting a hearing.

D. The immobilization or poststorage hearing shall be conducted by the Police Department within two business days, excluding weekends and holidays, after receipt of the request. At the hearing, the City shall have the burden of establishing by a preponderance of the evidence that the vehicle is subject to impoundment under Section 23-55. The hearing shall be informal and the formal rules of evidence shall not apply. The Poststorage Hearing Officer may admit any reliable relevant evidence. A hearing provided under this Section shall not determine the sufficiency of the grounds for the probable cause underlying the arrest that was a predicate to the impoundment. The results of a hearing under this Section shall not be admissible in any criminal proceeding.

E. Failure of the owner, the spouse of the owner, the operator of the vehicle, or any person who establishes a possessory interest in the vehicle to request an immobilization or poststorage hearing within ten days after the date on the notice prescribed in Subsection C of this Section or to attend a scheduled hearing satisfies the immobilization or poststorage hearing requirement.

F. The City is responsible for the costs incurred for immobilization, towing and storage if it is determined in the immobilization or poststorage hearing that grounds for the immobilization or impoundment and storage are not established.

G. A vehicle shall not be released at the conclusion of the thirty day impoundment unless all of the following are presented to the Police Department:

1. The owner’s, owner’s spouse’s, or possessory interest holder’s current valid driver license issued by the State of the person’s state of domicile.

2. Proof of current vehicle registration.

3. Proof that the vehicle is in compliance with the financial responsibility requirements of A.R.S. Title 28, Chapter 9, Article 4.

4. If the person is required by the Department of Transportation Motor Vehicle Division to install a certified ignition interlock device on the vehicle, proof of installation of a functioning certified ignition interlock device in the vehicle. The impounding agency, storage yard, facility, person or agency having physical possession of the vehicle shall allow access during normal business hours to the impounded vehicle for the purpose of installing a certified ignition interlock device. The impounding agency, storage yard, facility, person or agency having physical possession of the vehicle shall not charge any fee or require compensation for providing access to the vehicle or for the installation of the certified ignition interlock device.

5. Payment of an administrative fee for costs relating to the removal, immobilization, impoundment, storage or release of the vehicle pursuant to Section 23-56.02 (Ord. No. G-5002, §§ 2, 3, 2007)

Editor’s note—Ord. No. G-5002, § 2, adopted Oct. 17, 2007, effective Nov. 16, 2007, repealed § 23-56 in its entirety. Subsequently, said ordinance enacted a new § 23-56 to read as herein set out. Formerly said section pertained to Impoundment of vehicles used for purposes of prostitution—Procedures and derived from Ord. No. G-4942, § 2, adopted 7-2-2007, eff. 8-1-2007.