Sec. 36-7. Immobilizing and impounding of vehicles.
A. The Police Department may remove and impound, under the direction of the Director of the Police Department, any unoccupied vehicle of any kind or description found violating any of the provisions of this Code, or of any of the ordinances of the City of Phoenix or the laws of the State of Arizona regulating the standing or parking of vehicles.
B. The Police Department, under the direction of the Director of the Police Department, may immobilize by placement of a restraint in such a manner as to prevent its operation, and may remove and impound any eligible vehicle upon a street, highway, public right-of-way, or City owned or leased parking lot. A vehicle shall be eligible for immobilization or impoundment as provided herein any time after inclusion of its registered owner on an immobilization and impoundment eligibility list. A person shall be included on the immobilization and impoundment eligibility list only if:
1. The person has accumulated in the City Court three or more parking violation complaints on which the court has entered judgment for the State, whether by default or after an admission or finding of responsibility, and on which full payment has not been made; and
2. At least 21 days prior to placing the person on the immobilization and impoundment eligibility list, notice of impending vehicle immobilization and impoundment has been sent to the person first class mail, postage prepaid, at the address of the person provided to the Arizona Department of Transportation or at the last known address of the person as indicated in the City Court’s records. The notice shall state the name and address of the registered owner, the license plate number of the vehicle, the nature of the ordinances violated, the violation dates, the numbers of the complaints, and the amount of the unpaid sanctions and surcharges. The notice shall also advise that a person may challenge the validity of the notice of impending vehicle immobilization and impoundment by requesting a hearing in the City Court, appearing and submitting evidence which would conclusively disprove eligibility for immobilization and impoundment, such as the sanctions for the violations cited in the notice were paid, or the registered owner has not accumulated three or more unpaid parking violation complaints on which the City Court has entered judgment for the State. A hearing provided by this subsection shall not determine the validity of or set aside any judgment entered on a parking complaint issued to the registered owner. The hearing shall be conducted informally before a judge or hearing officer and the technical rules of evidence shall not apply, provided that the decision of the City Court shall in all cases be based upon substantial and reliable evidence.
C. A person who is included on the immobilization and impoundment eligibility list and who did not request a hearing pursuant to subsection B, paragraph 2 of this section, may challenge the validity of the notice of impending vehicle immobilization and impoundment by requesting a delayed hearing upon a written motion, stating with specificity the reason justifying it, and a certificate of the signer that it is made in good faith. The City Court shall grant a delayed hearing only upon a showing that extraordinary circumstances exist. No further hearing shall be given except as provided in section 36-8
D. A person shall be removed from the immobilization and impoundment eligibility list by:
1. Satisfying all of the judgments entered on the three or more parking violation complaints that caused the person to be included on the list and paying, if applicable, all immobilization, towing, and storage fees;
2. The City Court upon a finding under section 36-7(C) or section 36-8 that the person was not properly included on the immobilization and impoundment eligibility list;
3. Executing an agreement with the City Court to pay within a specified period of time or in specified installments all applicable immobilization, towing and storage fees and all sanctions, surcharges and fees on the parking violation complaints for which notice has been sent and a hearing has been held or waived as provided by subsection B, paragraph 2, provided that if the person defaults on any payment due under such agreement, the person shall be reinstated on the immobilization and impoundment eligibility list; or
4. Executing an agreement with the City Court to perform work or community service that is to be credited toward satisfaction of all sanctions and fees on the parking violation complaints for which notice has been sent and a hearing has been held or waived as provided by subsection B, paragraph 2, provided that the person pays all surcharges and applicable immobilization, towing and storage fees and that if the person defaults on the agreement, the person shall be reinstated on the immobilization and impoundment eligibility list.
E. Upon immobilization of an eligible vehicle, a notice shall be affixed to the vehicle in a conspicuous place. The notice shall warn that the vehicle is immobilized and that any attempt to move the vehicle may result in its damage. The notice shall state that the unauthorized removal of or damage to the immobilizing restraint is a violation of this section. The notice also shall provide information specifying how release of the immobilizing restraint may be had, and how a post-immobilization hearing may be obtained pursuant to section 36-8
F. The Police Department may remove and impound any vehicle upon which an immobilizing restraint has been placed if no arrangements have been made for the release of the vehicle under section 36-8(A) by 6:00 p.m. of the day on which the vehicle was immobilized.
G. It shall be unlawful for any person, without Police Department authority, to damage, tamper with, deface, remove, or attempt to remove an immobilizing restraint device that has been attached to a vehicle pursuant to this section, or to relocate or tow any vehicle so restrained.
H. If any unoccupied vehicle is violating any of the provisions of this Code, or of any of the ordinances of the City of Phoenix or the laws of the State of Arizona regulating the standing or parking of vehicles, or if the registered owner of any vehicle is included on an immobilization and impoundment eligibility list, then such vehicle shall be deemed to constitute a public nuisance and the registered owner of the vehicle consents to immobilization and impoundment as provided herein. (Ord. No. G-3902, § 1, 1996; Ord. No. G-5444, § 3, 2009)