ORD 0884 - Laserfiche WebLink

CITY COUNCIL OF THE CITY OF PLEASANTON ALAMEDA COUNTY, CALIFORNIA ORDINANCE NO. 884 AN ORDINANCE AMENDING TITLE V, CHAPTER IV OF THE PLEASANTON ORDINANCE CODE BY ADDING ARTICLE 2, RELATING TO HEARINGS ON TOWED VEHICLES THE CITY COUNCIL OF THE CITY OF PLEASANTON HEREBY ORDAINS AS FOLLOWS: Section 1. The Ordinance Code of the City of Pleasanton is hereby amended by adding Article 2, entitled "Hearing Rights," to Chapter IV (Removal of Abandoned Vehicles From City Streets) to read as follows: Article 2. Hearing 'Rights § 5-4.05. Right to Hearing. Before any lien attaches for towing and storage costs as a result of a vehicle being towed under the authority of the Vehicle Code or this Ordinance Code, the owner or person in charge of such vehicle (hereinafter called owner) shall have the right to a hearing on the factual basis of the tow. Said hearing must be requested no later than five (5) days from the date that the vehicle was towed unless owner shows good cause to hold the hearing at a later date. th of Police shall designate certain of his officers to serve as hearing officers. Hearing officers shall be available on a 24-hour basis and shall be of a rank greater that the officer or police employee who ordered the tow to be made. § 5-4.07 Hearing. The hearing provided for in this section shall be informal. The person requesting the hear- ing shall explain the facts supporting the claim that the property was wrongfully or illegally towed. § 5-4.08 Determination. If the hearing officer determines that the' tow was wrongfully or illegally conducted, the officer shall order the person having custody of the vehicle to release it to the owner forthwith. The owner shall be required to pay only those charges incurred due to unreasonable delay in requesting the hearing. § 5-4.09 Payment of Charges. If the hearing officer deter- mines that the towing was wrongfully or illegally ordered by a City employee, the City shall compen- sate the person making the tow for reasonable costs incurred. The City shall not be liable for costs incurred due to the unreasonable delay of the owner in requesting a hearing or reclaiming the vehicle.