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(1) Whenever a peace officer determines that a vehicle parked in violation of this Chapter must be moved to avoid public inconvenience, ensure public safety, or because it appears to be abandoned, the officer is authorized to move the vehicle, cause it to be removed, or to order the owner or operator of the vehicle to move or remove it.

(2) Any motor vehicle with two or more unpaid Notices of Violations, or two or more Notices of Violations within a 12-month period, are a public nuisance and may be towed from the public highways, streets, alleys, park strips, or parking lots of West Valley City or be subjected to an immobilizing device at the expense and risk of the registered owner. The motor vehicle shall be held and not released until the unpaid fees, penalties, accrued interest, and reasonable costs of towing and storage have been paid.

(3) For vehicles that have been immobilized under this section, the City shall collect the fees stated in Section 22-2-203 in addition to all outstanding fees, fines, and penalties associated with any and all Notice of Violations issued to the owner. Upon payment in full, the City shall release the immobilization device. The vehicle owner may appeal the immobilization by submitting a written request to the parking coordinator within 10 days of the immobilization.

(4) It is unlawful to damage, remove, alter, conceal, or fail to return an immobilization device that is attached to a motor vehicle under the provisions of this chapter. The owner of the vehicle is strictly liable for any damage caused to the vehicle by an attempt to drive while the immobilization device is in place, and the cost of a replacement immobilization device that is wrongfully removed and not returned to the City. Violation of this section is a class B Misdemeanor in addition to whatever civil penalties are imposed.

(5) A peace officer who causes a vehicle to be removed under this Section shall have the vehicle removed by a tow truck service that meets the standards established by Title 72, Chapter 9, Utah Code Annotated 1953, as amended, and that is authorized by the Police Department to perform towing services for the City.

(6) The City shall not be liable for any lost, damaged, or stolen items or damage to any vehicle moved or removed pursuant to this Section.

(7) The registered owner of a vehicle removed under this Section is strictly liable for all costs of removal.

(Ord. No. 03-35 Enacted 05/06/2003; Ord. No. 19-20 Amended 08/13/2019)