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by presentation to the towing company or other person in possession of the vehicle <br /> of satisfactory proof of ownership or right to possession, such as title or registration, <br /> and either payment of the towing and storage charges or the deposit of cash security <br /> or a bond equal to the charges. <br /> R-5.695-D Hearing to Contest Validity of Impoundment. <br /> 1. A person provided notice under R-5.695-B or R-5.695-C of this rule, or any <br /> other person who reasonably appears to have an interest in the vehicle, may request a <br /> hearing to contest the validity of the impoundment of the vehicle and the reasonableness of <br /> any towing and storage charges for the vehicle. <br /> 2. A hearing under this section shall comply with all of the following: <br /> (a) The request for hearing must be submitted to the City department <br /> indicated in the notice not more than five days from the mailing date of the notice. <br /> The five-day period provided for in this subsection does not include holidays, <br /> Saturdays, or Sundays. <br /> (b) If the City receives a request for hearing pursuant to a notice issued <br /> under R-5.695-B before the vehicle is taken into custody and removed, the vehicle <br /> shall not be removed unless it constitutes a hazard. <br /> (c) A request for hearing shall be in writing and shall state grounds upon <br /> which the person requesting the hearing believes the custody and removal of the <br /> vehicle is not justified. <br /> (d) The City shall set a time for the hearing within 48 hours of the receipt <br /> of the request and provide notice of the hearing to the person requesting the hearing <br /> and to the owners of the vehicle and any lessors or security interest holders shown <br /> in the records of the state Department of Transportation, if not the same as the <br /> person requesting the hearing. The 48-hour period in this subsection does not <br /> include holidays, Saturdays, or Sundays. <br /> (e) If the City finds, after hearing and by substantial evidence on the <br /> record, that the custody and removal of the vehicle was: <br /> 1. Invalid, the City shall order the immediate release of the vehicle <br /> to the owner or person with right of possession. If a vehicle is released under <br /> this subsection, the person to whom the vehicle is released is not liable for any <br /> towing or storage charges. If the person has already paid the towing and <br /> storage charges, the City shall reimburse the amount paid to that person. <br /> New storage charges will not start to accrue, however, until more than 24 <br /> hours after the time the vehicle is ordered released to the person under this <br /> <br /> Administrative Order - 4 01/16/96 <br /> <br />