Sec. 804.1107. - Towing and storage charges and parking fines to constitute lien; notice requirements; limitations.

The towing and storage charges and parking fines occasioned by the impoundment of a motor vehicle pursuant to Section 804.1101 shall be and constitute a lien upon the impounded motor vehicle, except as provided in this Section. If the hearing examiner finds pursuant to Section 804.1106 that the impoundment was improper and if he determines that the City shall bear part or all of the towing and storage charges and parking fines, the lien created by this Section shall be discharged. If the hearing examiner finds pursuant to Section 804.1106 that the impoundment was proper but that the towing and storage charges and parking fines should be in an amount less than the amount of the lien, the lien created by this Section shall be discharged to the extent that it exceeds the amount established by the hearing examiner. The holder of a lien created by this Section may perfect the lien by sending notice by registered or certified mail to the registered owner and all persons claiming a lien within 14 days of the date of possession. Such notice shall state the fact of possession of the vehicle, that a lien as provided in this Section is claimed, that the lien is subject to enforcement pursuant to law, and that the owner or lienholder, if any, has a right to a hearing as set forth in Section 804.1106 . The holder of a lien created by this Section may not retain possession of the motor vehicle when it has been released pursuant to Section 804.1105 (a). In the event that the impounded motor vehicle is released from impoundment and the owner or his agent has provided security for payment of charges as required by Section 804.1105 (a), the lien created by this Section shall also be a lien against the security so provided, subject to being wholly or partially discharged as provided in this Section. (Ord. 78-476-182, § 1; Ord. 83-591-400, § 1; Ord. 85-1335-745, § 3; Ord. 87-453-366, § 4; Ord. 2015-451-E , § 3) Note— Former § 312.1107.