§ 70-644. Procedure for request for refund of tow and storage fees.

(a)

Request for refund of tow and storage fees. The registered owner of a vehicle impounded pursuant to this section that has made payment of the costs of towing and storage of the vehicle, may make application for a refund of the tow and storage fees for the vehicle. The following criteria will be considered by the director of neighborhoods and housing services department or designee for refund of tow and storage fees:

(1)

The vehicle was towed and a traffic or parking ticket was not issued.

(2)

The owner was issued a traffic or parking ticket, but the ticket was issued in error.

(3)

The vehicle was towed and/or stored as evidence in conjunction with a law enforcement investigation that did not involve the arrest or ticketing of the owner or operator of the vehicle.

(4)

The vehicle was a recovered stolen vehicle.

(5)

Financial hardship.

(b)

The request for refund of tow and storage fees will be submitted to the director of neighborhoods and housing services department or designee, in writing on the prescribed refund of tow and storage fees application form within 60 calendar days from the date the vehicle was towed. The applicant may ask for review of the tow and storage fees to be conducted in writing, in person, or by telephone;

(c)

If the owner requests an in-person or telephone opportunity to be heard on their tow and storage fees refund request, the director of neighborhood and housing services department or designee will schedule the in-person or telephone hearing to be conducted within ten business days.

(d)

Within three business days after the in-person or telephone hearing, or if no hearing is requested, within three business days of the submittal of a complete request for refund, the director of neighborhood and housing services department or designee will review the request and make a determination to approve or disapprove the request The director or designee shall notify the applicant by mail (or by email if requested) and state the basis for approval or disapproval. Such mail decision shall be postmarked (or the email sent) within four business days of the hearing or the consideration of a complete application. If a mail decision is not postmarked within four business days, the owner shall receive a refund;

(e)

If an owner was found not guilty in court for the offense that caused the vehicle to be towed and applies for a refund within 30 days of being found not guilty, a refund will be granted. A refund will be granted under this subsection even if the owner has made a previous application for refund which was denied.

(f)

An owner whose traffic or parking ticket was dismissed will have 30 days after dismissal to apply for a refund under this section unless they have already filed for refund of their tow and storage fees within 60 days of the tow of their vehicle.

(g)

If the request for refund for tow and storage fees is approved, the applicant will be granted a refund of the initial tow fee and up to seven days of storage fees. If the applicant can prove indigence, the applicant will be granted a refund of the initial tow fee and up to 14 days of storage fees.

(h)

If the request for refund for tow and storage fees is disapproved, the applicant may file an appeal with the property maintenance appeals board pursuant to the provisions of 56-341 et seq. within 15 calendar days from the date of disapproval.

(Ord. No. 180899 , § 2, 12-6-18)

Editor's note

Ord. No. 180899 , § 2, adopted December 6, 2018, amended the Code by renumbering former §§ 70-644—70-648 as §§ 70-645—70-649, and adding a new § 70-644.