§ 86-110. Determination hearing(s) for immobilization, impoundment, towing of vehicle for unpaid civil violation(s) imposed pursuant to article IX, division 3, parking notices of civil violation; procedure for release.

(a)

[ Delinquent civil violations. ] Notwithstanding any other provision of this Code, a vehicle with two or more unpaid and/or delinquent civil violations imposed pursuant to article IX, division 3, parking notices of civil violation, or whose owner, having admitted responsibility for two or more civil violation(s) issued against the vehicle, fails to pay the fines and penalties assessed by the hearing officer within the time allowed, or whose owner, having been found responsible for two or more civil violation(s) issued against the vehicle, fails to pay the fines and penalties within the time allowed, may be declared eligible for immobilization, towing, or impoundment by finding of a hearing officer of the adjudication bureau only in accordance with the following procedure.

(b)

Notice of pendency of action. Prior to any determination by a hearing officer that a vehicle is eligible to be immobilized, towed, or impounded, the owner of the vehicle shall be given notice via mail using the owner's address provided by the department of motor vehicles, or similar agency in states other than Louisiana, of the pendency of an action to declare the vehicle eligible for immobilization, towing, or impoundment. This notice shall contain the following:

(1)

A description or identification of the unpaid and/or delinquent civil violation(s) which subject the vehicle to potential immobilization, towing, or impoundment;

(2)

A statement advising the vehicle owner that, as a result of the unpaid and/or delinquent civil violation(s) identified in the notice, the identified vehicle is the subject of a proceeding to declare the vehicle eligible for immobilization, towing, or impoundment;

(3)

A statement advising the vehicle owner of the procedure for protesting the determination of eligibility for immobilization, towing, or impoundment, including the opportunity to appear at a determination hearing requested within 30 days from the mailing of the notice, where the owner may present objections in person or submit a written protest in lieu of personal appearance; and

(4)

Other information deemed necessary by the director.

(c)

Eligibility determination and notice. If, after having conducted a determination hearing (if one was requested) or having considered a written protest (if one was submitted), the hearing officer finds the vehicle eligible for immobilization, towing, or impoundment, the hearing officer shall issue a finding declaring such, and the owner of the vehicle shall be given notice via mail of the finding. In the event no hearing is requested and no written protest is submitted, the hearing officer shall issue a finding of eligibility. The notice given shall contain the following:

(1)

A description of the unpaid and/or delinquent civil violation(s) which subject the vehicle to immobilization, towing, or impoundment;

(2)

A statement advising the owner that as a result of the unpaid and/or delinquent civil violation(s), his or her vehicle was the subject of a proceeding to declare said vehicle eligible for immobilization, towing, or impoundment;

(3)

A statement referencing the notice of pending action issued pursuant to subsection (2);

(4)

A copy of the hearing officer's finding declaring the vehicle eligible for immobilization, towing, or impoundment;

(5)

A statement advising the vehicle owner that the hearing officer's finding shall become enforceable 30 days after the date of its execution by the hearing officer; and that the vehicle referenced therein shall then be placed on the "boot-eligible list" and targeted for immobilization, towing, or impoundment, unless all unpaid and/or delinquent civil violation(s) are paid in full prior to expiration of that 30-day period; and

(6)

A statement advising the vehicle owner that he or she may request a hearing prior to expiration of that 30-day period to present objections to the finding, or may, prior to expiration of that 30-day period, submit a written protest in lieu of personal appearance.

(d)

Post-determination process; eligibility listing. If, within 30 days of a finding of eligibility under subsection (c), the owner submits a written protest to, or requests a hearing to adjudicate, the determination of eligibility, a hearing officer shall consider the written protest, or objections of the owner at hearing, as the case may be, and shall make a finding confirming, or reversing, the determination of eligibility in light of the evidence available. The owner shall be given notice by mail of the hearing officer's finding in all cases.

(e)

Finality of eligibility and execution. If within 30 days of the eligibility determination described in subsection (c), neither written protest; nor request for hearing; nor payment in full of all unpaid and/or delinquent civil violations is received, the subject vehicle shall be placed on the "boot-eligible" list. The vehicle also shall be placed on the "boot-eligible" list if, after the post-determination process described at subsection (d), the hearing officer confirms the determination of eligibility.

(1)

When found parked on public property or streets, the "boot-eligible" vehicle shall be immediately immobilized by usage of a boot device by the director, or towed and impounded by the police department.

(2)

In the event an immobilization/boot device cannot immobilize the vehicle, the director shall initiate a request to the police department to tow the vehicle. The police department shall notify the owner of record of the place of impoundment of the vehicle.

(3)

Immobilization of a vehicle shall cause a $35.00 fee to be assessed against the owner.

(4)

If a vehicle has not been reclaimed within 24 hours after installation of an immobilization device, the director shall notify the police department to commence towing and/or impoundment procedures. The police department shall notify the owner of record of the place of impoundment of the vehicle.

(f)

Reclamation and hearing to challenge.

(1)

A vehicle immobilized, towed and/or impounded shall be released or surrendered to the owner only:

a.

Upon payment in cash, by money order or certified check of the entire amount owed for all civil violations outstanding against the vehicle, including fines, penalties and related fees; or

b.

Upon deposit in cash of the entire amount owed for all civil violations outstanding against the vehicle, including fines, penalties and related fees, with Lafayette City-Parish Consolidated Government's Revenue Collection Division, together with a written challenge of the immobilization, towing and/or impoundment.

(2)

Deposit of the appropriate cash amount together with a written challenge, as required by subsection (f)(1)b., shall cause a challenge hearing to be scheduled and notice of the hearing to be issued to the vehicle's owner. A hearing officer shall consider the written protest, or objections of the owner at hearing, as the case may be, and shall make a finding confirming, or reversing, the correctness of the immobilization, towing and/or impoundment in light of the evidence available. The owner shall be given notice by mail of the hearing officer's finding in all cases. Failure to appear at the hearing or to submit objections in writing shall forfeit the deposited cash.

(3)

If the hearing officer, in response to the challenge, finds the vehicle should not have been placed on the "boot-eligible" list, the deposited cash shall be refunded and the vehicle surrendered or released. The owner also shall receive a refund for any towing and/or storage fees incurred with the police department or the storage vendor.

(4)

Release or surrender to the owner shall cause a vehicle to be removed from the "boot-eligible" list.

(g)

The department may enforce and administer sections 86-107 through 86-110, or any parts thereof, through, but not limited to, immobilization, towing and/or impoundment of the vehicle; reporting debt to collection agencies/credit reporting agencies; and/or initiating actions through a court of competent jurisdiction, all in accordance with applicable authority, laws and procedures.

(Ord. No. O-149-2012, § 2, 7-17-12)