Sec. 36-8. Immobilized and impounded vehicles—Release.
A. Prior to a hearing on the validity of an immobilization or impoundment authorized by section 36-7(B), the registered owner of the immobilized or impounded vehicle or other person authorized to represent the registered owner or entitled to possession of the vehicle shall be permitted to secure release of the vehicle by furnishing evidence of his or her identity and ownership or right to possession and:
1. Paying the immobilization and, if applicable, towing and storage fees specified in subsection E; and paying all the sanctions, surcharges and fees on the parking violation complaints for which notice had been sent and a hearing has been held or waived as provided by section 36-7(B)(2);
2. Posting a bond, or any other undertaking approved by the Chief Presiding Judge of the City Court, in an amount equal to the immobilization and, if applicable, towing and storage fees specified in subsection E, and all the sanctions, surcharges and fees on the parking violation complaints for which notice had been sent and a hearing has been held or waived as provided by section 36-7(B)(2);
3. Executing an agreement with the City Court to pay within a specified period of time or in specified installments the immobilization and, if applicable, towing and storage fees specified in subsection E, and all sanctions, surcharges and fees on the parking violation complaints for which notice had been sent and a hearing has been held or waived as provided by section 36-7(B)(2); 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 section 36-7(B)(2), provided that the person pays all surcharges and applicable immobilization, towing and storage fees.
B. Within ten days after a vehicle has been impounded, notice of impoundment shall be sent by certified mail, return receipt requested, to the registered owner of the vehicle 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 that the owner has the right to a post-immobilization and post-impoundment hearing as provided in subsection C.
C. The registered owner of a vehicle immobilized or impounded under section 36-7(B) shall have the right to a hearing to determine whether there was a sufficient factual and legal basis for the immobilization or impoundment or whether the owner was properly included on an immobilization and impoundment eligibility list, if the owner files a written demand for a hearing with the City Court within fourteen days after issuance of the notice specified in subsection B or within fourteen days of the immobilization or impoundment, whichever is later. A hearing shall be conducted within forty-eight hours of receipt of a written demand for hearing, unless otherwise waived by the owner. Failure to request or attend a scheduled hearing shall be deemed a waiver of the right to a hearing. In event of such failure, any bond or other undertaking deposited pursuant to subsection A, paragraph 2 shall be forfeited. If the court determines that there were sufficient factual and legal grounds for the immobilization or impoundment, the bond or other undertaking shall be forfeited as payment thereof. If the court determines that there were insufficient grounds for the immobilization or impoundment, the bond or other undertaking shall be exonerated. A hearing provided by this section 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.
D. A lienholder asserting its right to possession of an immobilized or impounded vehicle pursuant to its conditional sales agreement may obtain immediate release of such vehicle by paying the immobilization and, if applicable, towing and storage fees provided in subsection E of this section and submitting a photocopy of the conditional sales agreement and title certificate, an affidavit stating that the purchaser is in default of the agreement and an indemnification certificate executed by an authorized agent of the lienholder. The requirements of subsection A of this section shall not apply to a lienholder asserting its right to possession of an immobilized or impounded vehicle as provided herein.
E. The immobilization fee shall be thirty dollars. The towing and storage fees shall be those fees set forth in the applicable current tow service contract between the City and the tow contractor providing the tow service. No fees shall be assessed for any immobilization or impoundment which has been determined to be without a sufficient factual or legal basis. The City shall be responsible to the tow contractor for any towing and storage fees incurred as a result of an impoundment determined to be without a sufficient factual or legal basis.
F. The registered owner or other person entitled to possession of a vehicle impounded pursuant to section 36-7(A) may:
1. Recover possession of the vehicle by paying to the tow contractor having custody of the vehicle the towing and any storage fees that may have accrued.
2. Recover possession of the vehicle by posting a bond, or any other undertaking approved by the Chief Presiding Judge of the City Court, in the amount of the towing and storage fees that have accrued to the tow contractor. Within thirty days of the posting of the bond, a hearing before a magistrate or hearing officer shall be conducted in the City Court to determine the propriety of the tow. If the court determines that there were sufficient factual and legal grounds for the tow, the bond or other undertaking shall be forfeited as payment thereof; if the court determines that there were insufficient grounds for the tow, the bond or other undertaking shall be exonerated.
3. Demand on a form provided by the City Court a hearing as to whether there was a sufficient factual and legal basis for impounding the vehicle. The hearing may take place before a judge or a hearing officer. To be entitled to a hearing, a written demand must be filed with the City Court within either five days after petitioner learned that the vehicle was impounded or was missing, or within fourteen days after the City sent notice by certified mail, return receipt requested, to the vehicle’s registered owner at the address of the person provided to the Arizona Department of Transportation, that the vehicle had been impounded, whichever occurs first. The hearing must be held within forty-eight hours after the filing of the written demand. A determination that there was an insufficient factual or legal basis for impounding the vehicle will require the tow contractor to release the vehicle without the payment of the towing and storage fees. In that event, the City shall be responsible for payment of the towing and storage fees. A hearing may be demanded by filing the appropriate form with the City Court between 8:00 a.m. and 4:30 p.m. on any day the court is open for regular business. The payment of towing and storage fees shall not release the owner or driver of such vehicle of any other penalty imposed for the violation of this Code or the laws of the State of Arizona regulating the standing or parking of vehicles.
G. If the registered owner or other person entitled to possession of a vehicle impounded pursuant to Section 36-7(A) recovers possession of the vehicle as provided in subsection F, the registered owner or other person taking possession of the vehicle from the tow contract must pay an impoundment fee of $104.50 for the Police Department cost associated with the impoundment of the vehicle. (Ord. No. G-3902, § 2, 1996; Ord. No. G-5519, § 1, 2010)
State law reference—Abandoned, seized and junk vehicles, A.R.S. § 28-4801 et seq.