§ 98-195. Adjudication of complaints regarding towing charges.

(a)

For the purposes of this article, any violations of the provisions contained in sections 98-191 through 98-193, and/or 98-194 of this division regulating the fees that may be charged by any wrecker operator for nonconsensual tows and the fees that may be charged by a wrecker operator for the storage of vehicles in approved storage lots shall be deemed to be only civil violations of this article, and shall not subject to the wrecker operator to any criminal fines or penalties.

(b)

Any person claiming to have been charged a rate for a nonconsensual tow or for the storage of a vehicle in an approved storage facility in excess of the maximum fees allowed for such tow or storage under the provisions of this division, may appeal the assessment of such fees to the city-parish consolidated government parking adjudication bureau (referred to in this article as the "bureau") for an administrative adjudication of the charges pursuant to the provisions of chapter 86, Traffic and Vehicles. The bureau shall have original administrative jurisdiction over all claims related to alleged violations of the provisions of this article pertaining to fees assessed by wrecker operators for nonconsensual tows and for storage of vehicles in approved storage lots in the city and in the unincorporated areas of the parish. The bureau shall also have jurisdiction over any violations of this article for purposes of suspension and/or removal of wrecker operators from law enforcement call out lists.

(c)

Any person who feels that he has been charged fees by any wrecker operator in excess of the charges permitted under this division shall notify the public parking administrator of the department of traffic and transportation of the city-parish consolidated government within 15 days of the assessment of the charges and his intent to challenge such charges and shall permit documentation evidencing the assessment of such charges.

(d)

The public parking administrator shall give written notice to the wrecker operator of the challenge to such charges personally or by U.S. mail, postage prepaid, which notice shall contain the date on which the operator must appear at a hearing before the bureau to answer the charge. The form and content of such notice of hearing shall be prescribed by the director of traffic and transportation for the city-parish consolidated government.

(e)

Every hearing for the adjudication of a challenge to a charge levied by a wrecker operator under this article shall be held before a hearing examiner of the parking adjudication bureau. The person alleging to have been assessed a fee in violation of this article shall have the burden of proving the violation by a preponderance of evidence. However, a prima facie case shall be deemed to have been established through presentation of the following evidence:

(1)

A valid title or registration establishing the complainant's ownership of the towed vehicle.

(2)

An invoice or bill from the wrecker operator showing the amount charged by the operator for towing the complainant's vehicle, and/or a receipt proving the payment by the complainant of such charges to the wrecker operator.

(3)

On an emergency tow, documentation evidencing the time that it took for the emergency tow to be completed, which documentation may include, but is not limited to, the invoice or bill with the times of dispatch, arrival, and departure, as attested to by the initials and/or signature of the investigating officer.

(f)

The bureau shall have the authority with regard to claims brought before it under this section:

(1)

To hear and determine contests of alleged violations with regard to fees charged for nonconsensual tows and for fees charged for storage of vehicles in approved storage lots under this article.

(2)

To issue subpoenas to compel the attendance of a person to give testimony at hearings and to compel the production of relevant books, papers, and other things.

(3)

To adjudicate all violations of the provisions of this article with regard to fees charged by wrecker operators for nonconsensual tows and for fees charged for storage of vehicles in approved storage lots.

(g)

In the event that the bureau makes a determination following an adjudication conducted in accordance with the terms of this section that a wrecker operator has assessed a fee in excess of the maximum fees permitted under this ordinance for a nonconsensual tow or for storage of vehicles in approved storage lots, the bureau shall require that such wrecker operator make restitution to the person assessed such fee by reimbursing the entire fee to such person within ten calendar days following the entry of the bureau's order.

(h)

The bureau shall also have the authority to assess a civil fine to a wrecker operator determined to have violated the provisions of this ordinance regarding excessive fees assessed for nonconsensual tows or for excessive fees charged for storage of vehicles in approved storage lots by levying a civil fine payable to the city-parish consolidated government not to exceed $500.00 for each violation.

(i)

A wrecker operator found by the bureau to have violated the provisions of this article regarding maximum fees which may be assessed for nonconsensual tows or for storage of vehicles in storage facilities shall be subject to additional sanctions under the following circumstances:

(1)

Where an operator fails and/or refuses to pay restitution to the complainant as required by the bureau within ten calendar days as provided in this section, the public parking administrator shall immediately notify and direct all law enforcement agencies to remove such wrecker operator from all law enforcement call-out lists in the city and the unincorporated areas of the parish until such time as the wrecker operator can produce written documentation to the public parking administrator demonstrating that proper restitution as required by the bureau has been paid to the complainant. Where a wrecker operator has been found to have violated any other provisions of this division, the operator shall be suspended from all law enforcement call-out lists for a period of ten days, or until such time as said operator remedies such violation and comes back into compliance with this division, whichever is later.

(2)

For a second finding by the bureau that a wrecker operator has charged a fee in excess of that permitted by this division and/or has otherwise violated any provisions of this division within a two year period, such wrecker operator shall be suspended from all law enforcement call out lists for a period of 30 days.

(3)

For a third finding by the bureau that a wrecker operator has charged a fee in excess of that permitted by this division and/or has otherwise violated any provisions of this division within a two year period, such wrecker operator shall be suspended from all law enforcement call out lists for a period of 60 days.

(4)

For a fourth finding by the bureau that a wrecker operator has charged a fee in excess of that permitted by this division and/or has otherwise violated any provisions of this division within a two year period, such wrecker operator shall be suspended from all law enforcement call out lists for a period of one year.

(5)

For a fifth finding by the bureau that a wrecker operator has charged a fee in excess of that permitted by this division and/or has otherwise violated any provisions of this division within a two year period, such wrecker operator shall be permanently suspended from all law enforcement call out lists.

(6)

Any suspension imposed under subsections (h)(2) through (4) of this section shall be in addition to any suspension imposed in subsection (h)(1) of this section, and shall run consecutively to such suspension and not concurrently therewith.

(j)

Any party who feels aggrieved by a decision rendered by the parking adjudication bureau may request a rehearing by the bureau. Such a request must be made within ten days of the rendering of the hearing examiner's decision in the matter. There shall be a review board within the parking adjudication bureau which shall consist of three hearing examiners, but in no event shall the hearing examiner who rendered the decision be included in the panel determining said rehearing. The review board shall have the power to review the facts and the law in order to affirm, reverse or modify any original decision.

(k)

Any person or persons, aggrieved by any decision rendered on rehearing by the bureau as set forth in subsection (h) of this section may file a petition for judicial review with the 15th judicial district court for the parish. A party shall not be entitled to appeal to said district court until the case has been submitted to the review board for rehearing as set forth in subsection (h) of this section and a decision has been rendered.

(l)

The procedure for appealing a ruling of the bureau to the 15th judicial district court shall be as follows:

(1)

The party wishing to appeal the bureau's decision shall proceed by filing a petition with the 15th judicial district court seeking a review of the decision of the board and stating the reasons in support of such decision. Such petition must be filed no later than 30 days after the date of the hearing in which the bureau's review board rendered its ruling and decision.

(2)

The party appealing the ruling shall appear as the plaintiff in the petition, and the other party shall be named as defendant. The defendant shall be served with the appeal petition and citation as required by law.

(3)

Neither the bureau nor the city-parish consolidated government shall be a party to any appeal, and if they are named as parties in the appeal, they shall be summarily dismissed upon motion of any party, the city-parish consolidated government, or the court on its own motion.

(4)

The bureau shall be required to produce the record of the proceedings held before it to the 15th judicial district court pursuant to an order to be included with the appeal petition, or upon the motion of either party to the appeal. The board shall have 30 days following the entry of an order by the court to produce the record of the proceedings held before it.

(5)

The court shall be limited in its review of the findings of the bureau to the testimony, documents, and exhibits placed into evidence at the hearing before the bureau, as well as the written findings of the bureau. The court shall not permit the introduction of new evidence on appeal of the bureau's findings.

(6)

The court's ruling on appeal shall be limited to a determination of whether the bureau's ruling was in error in light of the documents, testimony, and other evidence presented and considered by the bureau. The bureau's findings shall not be overturned on appeal unless deemed by the court to be manifestly erroneous and/or contrary to law.

(Ord. No. O-232-98, § 13, 9-1-98)