§ 14-23. Scofflaw list.

(a)

The city manager shall, as frequently as practicable, prepare and update the scofflaw list, consisting of vehicles for which there are three (3) or more overdue parking tickets.

(b)

There is hereby imposed upon the owner of every vehicle on the scofflaw list a civil penalty of twenty dollars ($20.00) to cover administrative costs. There is also hereby imposed upon the owner of every vehicle on the scofflaw list that is immobilized or impounded a civil penalty of twenty-five dollars ($25.00) to cover the additional administrative costs.

(c)

The city manager shall give notice by first class mail to the registered owner of each vehicle on the scofflaw list, stating that the vehicle is on the list and:

(1)

The date and the nature of each ticket overdue and the amount due on each;

(2)

That a scofflaw list fee of twenty dollars ($20.00) has been imposed to cover administrative costs;

(3)

The total amount currently due;

(4)

A specific deadline for response, no less than ten (10) days after the date of mailing;

(5)

That the owner shall, by such deadline, respond to the notice by paying the total amount due or by arranging with the violations bureau for contesting the charges, fees, and amounts due, in which case the owner shall post a cash bond for the total amount due or make other arrangements approved by the municipal judge;

(6)

That if the vehicle owner fails to respond within the prescribed time period, the listed vehicle will be subject to immediate immobilization or impoundment;

(7)

That an immobilization or impoundment fee of twenty-five dollars ($25.00) will be imposed upon every vehicle immobilized or impounded to cover administrative costs; and

(8)

That if the vehicle is impounded the owner will also be required to pay the costs of towing and storage.

(d)

The notice required by subsection (c) of this section is sufficient if mailed to the address provided by a government vehicle registration office. If the city manager is unable, after exercising due diligence, to discover any mailing address, then notice is sufficient if it is published once in a newspaper of general circulation in the city, posted on the vehicle, personally served on the vehicle owner or driver, or provided by any other means that provides due process.

(e)

If the date for response specified in subsection (c) of this section passes without payment of the fines and fees or posting of sufficient bond, such vehicle may be immobilized or impounded.

(f)

Upon contacting the driver of any vehicle on the scofflaw list for which no response has been made within the deadline stated in the notice while the vehicle is located upon any public property or private property open to the use of the public, the peace officer shall inform the driver thereof that violations are alleged against the vehicle to which no response has been made and request the driver forthwith to appear with the officer at the parking infractions office (or to the police department after the office's normal business hours) to respond to the charges in the manner indicated by this section. If such driver fails or refuses to comply with this request forthwith or if the vehicle located is unattended, the peace officer shall cause the vehicle to be immobilized or impounded.

(g)

If the owner or agent of the owner pays the fines and fees, including the scofflaw list fee of twenty dollars ($20.00) and the immobilization or impoundment fee of twenty-five dollars ($25.00), if any, and all towing and storage charges, if any, or posts a bond to cover such fines, fees, and charges, or arranges a combination of payment and bond to cover the total due, the city manager shall remove such vehicle from the scofflaw list and release it from immobilization or impoundment. If any parking ticket not included on the scofflaw list for which the owner is liable becomes overdue before the owner or agent appears to pay or post bond, such subsequent tickets shall also be paid or bond shall be posted therefor before the vehicle is removed from the scofflaw list or released from immobilization or impoundment.

(h)

The owner of a vehicle that is subject to the procedures of this section and section 14-24 is entitled to:

(1)

A trial to dispute some or all of the underlying parking tickets;

(2)

An administrative hearing, conducted according to chapter 2, article II, division 3 of this Code, to dispute the applicability of the scofflaw fee on the ground that a parking ticket was not served. The hearing shall, where applicable, be combined with a trial challenging the underlying parking tickets. The fact that a person is found not guilty of one or all of the underlying parking tickets is not relevant to the issue of applicability of the scofflaw fee; and

(3)

A post-impoundment hearing, conducted according to chapter 2, article II, division 3 of this Code, to challenge the immobilization or impoundment fee.