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<br /> .M <br /> (a) The request for hearing must be submitted to the City department indicated <br /> in the notice not more than five days from the mailing date of the notice. The five-day <br /> period provided for in this subsection does not include holidays, Saturdays, or Sundays. <br /> (b) If the City receives a request for heazing pursuant to a notice issued under <br /> R-5.695-B before the vehicle is taken into custody and removed, the vehicle shall not be <br /> removed unless it constitutes a hazard. <br /> (c) A request for hearing shall be in writing and shall state grounds upon which <br /> the person requesting the hearing believes the custody and removal of the vehicle is not <br /> justified. <br /> (d) The City shall set a time for the hearing within 48 hours of the receipt of <br /> the request and provide notice of the hearing to the person requesting the hearing and to <br /> the owners of the vehicle and any lessors or security interest holders shown in the records <br /> of the state Department of Transportation, if not the same as the person requesting the <br /> hearing. The 48-hour period in this subsection does not include holidays, Saturdays, or <br /> Sundays. <br /> (e) If the City fords, after hearing and by substantial evidence on the record, <br /> that the custody and removal of the vehicle was: <br /> 1. Invalid, the City shall order the immediate release of the vehicle to <br /> the owner or person with right of possession. If a vehicle is released under this <br /> subsection, the person to whom the vehicle is released is not liable for any towing <br /> or storage charges. If the person has already paid the towing and storage charges, <br /> the City shall reimburse the amount paid to that person. New storage charges will <br /> not start to accrue, however, until more than 24 hours after the time the vehicle is <br /> ordered released to the person under this subsection. <br /> 2. Valid, the City shall order the vehicle to be held in custody until the <br /> costs of the hearing, all towing and storage costs, and other amounts due are paid <br /> by the person claiming the vehicle. If the vehicle has not yet been removed, the <br /> City shall order its removal. <br /> (f) A person who fails to appear at a hearing scheduled pursuant to this section <br /> is not entitled to another hearing unless the person provides reasons satisfactory to the City <br /> for the person's failure to appear. <br /> (g) The City is only required to provide one hearing for each time the City <br /> takes a vehicle into custody and removes the vehicle, or proposes to do so. <br /> (h) A hearing scheduled pursuant to this section may also be used to determine <br /> the reasonableness of the charge for towing and storage of the vehicle. For purposes of <br /> this subsection, towing and storage charges set by iaw, ordinance or rule, or that comply <br /> Administrative Order - 4 02/07/96 <br /> <br />