Title
Update to Appeal Provisions for Impounded Vehicles (NB)
Explanation
Section 26-140(c) of the Code of Ordinances sets forth the procedures for citizens to appeal if their vehicles are towed by Code Enforcement or the Gainesville Police Department. The current ordinance language regarding filing for a hearing for such an appeal states that: "If a written request for a hearing to contest the validity of the determination to impound and impose costs is delivered to the city manager in accordance with the time limitations imposed by this article, the matter shall be considered at the next meeting of the Board of Adjustment occurring not less than three days after the filing of the request." This wording requires filing with the City Manager and not with the City Manager's designee (Community Development staff). This wording also provides a possibility of filing as little as three days before the hearing. Both of these issues are inconsistent with other sections of City ordinances that allow appeals to be filed with the office that staffs the board, and to allow appropriate time for notice and processing before the item is heard.
Notice is currently required to be sent by registered mail. Certified mail (along with the first class mail) would be less costly and equally effective. Therefore, this requirement in the code should be amended as well.
Fiscal Note
Certified and first class mail would be less expensive than registered mail.
Recommendation
The City Commission: 1) authorize the City Attorney to update Section 26-140(c) to provide that if a written request for a hearing to contest the validity of the determination to impound and impose costs is delivered to the City Manager or designee, in accordance with the time limitations imposed by the article, the matter shall be considered at the next meeting of the Board of Adjustment, occurring not less than 20 days after the City's receipt of such written request; and 2) amend Section 26...
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