§ 34-79. Commencement of seizure.

(1)

The child support enforcement division may file a writ of execution with the sheriff if one of the following has occurred:

(a)

Pursuant to section 34-77, the obligor has not contacted the division within thirty (30) days of the date of mailing of the "notice of intent to seize a motor vehicle by writ of execution," or the division director has reason to believe that the obligor may leave the jurisdiction and/or hide the motor vehicle; or,

(b)

Pursuant to section 34-78, the obligor defaults on the payments as agreed in negotiated settlement agreement made with the division; or

(2)

Final approval to file a writ of execution shall be by the child support enforcement division director; or

(3)

The Sheriff shall only execute by booting on motor vehicles located within the city and county.

(4)

The child support enforcement division shall initiate the seizure by sending a properly issued writ of execution and notice of levy to the sheriff. The child support enforcement division shall direct the sheriff to commence the writ of execution by booting the targeted motor vehicle. The motor vehicle shall be booted by the sheriff or his designated agent, acting at the sheriff's direction. When a motor vehicle is booted, the sheriff, or his designated agent, acting at the sheriff's direction, shall affix to the motor vehicle a notice of seizure for unpaid child support. This notice shall state that the motor vehicle has been impounded by the child support enforcement division for failure to pay child support. The notice shall also include and state that release from such booting/seizure may be obtained by contacting the child support enforcement division. The phone number shall be provided. The notice shall also state that unless arrangements are made for release of such motor vehicle within seventy-two (72) hours (or other time limitation as designated), the motor vehicle shall be removed at the direction of the sheriff and impounded for sale pursuant to the writ of execution.

(5)

Once the motor vehicle has been impounded either by the initial booting or impoundment, the obligor shall be served with the writ of execution and notice of levy pursuant to C.R.S. 13-52-111 (as amended), C.R.S. 13-55-102 (as amended), and all other applicable statutory requirements.

(Ord. No. 937-01, § 1, 11-5-01)