§ 54-814. Notice to owners.

(a)

Whenever an officer or employee of the city impounds a vehicle, as authorized in this division, the manager of safety or his or her designee shall:

(1)

Ascertain, if possible, whether or not the vehicle has been reported stolen, and, if the vehicle has been reported stolen, shall recover and secure the vehicle, notify its rightful owner, and terminate the disposal proceedings under this division. The city shall have the right to recover from the owners its reasonable costs to recover and secure the vehicle;

(2)

If the vehicle has not been reported stolen, report to the state department of motor vehicles as soon as possible, but in any event within three (3) working days after having the vehicle impounded, that the vehicle has been impounded. The report shall be made by first class or certified mail or by personal delivery and shall include the following information:

a.

The fact of possession, including the date possession was taken, the location of the vehicle, and the identity and phone number of the agency responsible for the impounded vehicle;

b.

A description of the vehicle, including the make, model, color, year, the number, issuing state, and expiration date of the license plate, and the vehicle identification number.

(b)

After receipt of the report of the state department of motor vehicles required pursuant to C.R.S. § 42-4-1604(2), as amended, or after fifteen (15) working days from mailing to the department of motor vehicles of the city's report pursuant to section 54-814(a)(2) above, the manager of safety shall determine, from all available information, if the vehicle has been reported stolen, and, if so reported, the manager of safety or his or her designee shall recover and secure the motor vehicle, notify its rightful owner, and terminate the disposal proceedings under this division. The city shall have the right to recover from the owners its reasonable costs to recover and secure the vehicle.

(c)

The manager of safety shall, within five (5) working days from the receipt of the report of the department of motor vehicles required pursuant to C.R.S. § 42-4-1604(2), as amended, notify by certified mail the owner of record, if ascertained, and any lienholder, if ascertained, of the fact of such report. This notice shall contain the following information:

(1)

The fact that the motor vehicle has been impounded, the location of the motor vehicle, and the location from which it was towed, and that, unless claimed within thirty (30) calendar days from the date the notice was sent as determined from the postmark on the notice, the motor vehicle is subject to disposal by the city by auction or otherwise;

(2)

The fact that the owner may request a hearing concerning the legality of the impoundment of the vehicle, and the name and phone number of the city agency to contact for that purpose;

(3)

A description of the vehicle, including the make, model, color, year, the number, issuing state, and expiration date of the license plate, and the vehicle identification number;

(4)

An itemized statement of the amount due to the city for removal and storage of the vehicle, showing the amount due at the time of notice;

(5)

A demand that the amount due the city, as stated in the notice, and such further claims as shall accrue, shall be paid and the right to the possession of the vehicle shall be established to the satisfaction of the manager of safety or his or her designee.

Requests for hearings pursuant to subparagraph (c)(2) above shall be made in writing by the owner of record to the agency indicated in the notice within ten (10) days of the postmarked date of sending such notice, or within ten (10) days after personal service of such notice. In the event it is determined at such hearing that the vehicle was illegally impounded, all charges and storage fees assessed against the vehicle shall be forgiven.

(Code 1950, § 505.11-2; Ord. No. 595-83, § 4, 10-31-83; Ord. No. 852-94, § 4, 10-24-94; Ord. No. 878-99, § 1, 11-22-99)