Sec. 134-477. Remedies for vehicular public nuisances.
Where the existence of a vehicular public nuisance is established in a civil action under this article by a preponderance of the evidence, the court shall enter permanent prohibitory and mandatory injunctions requiring the parties defendant to abate the vehicular public nuisance and take specific steps to prevent the same and other vehicular public nuisances from occurring. The court shall also order the following remedies:
(a) Detention and closure of motor vehicle. That the motor vehicle be detained and closed by impoundment of a period of not less than 30 days and not more than one year from the date of the final judgment, plus any extension of that period caused by a failure to comply with the reasonably necessary conditions for release of the motor vehicle. The issuance and execution of the closure order shall not be deemed a bailment of property.
(b) At the end of the closure period, the motor vehicle shall be released to the owner only upon:
(1) Payment of all towing fees, storage fees and all actual expenses incurred by the city and payment of all civil judgments under section 134-478; and
(2) Execution by the owners and lienors of a complete and unconditional release of the city and all of its employees and agents for the closure and any and all damages to said vehicle.
(c) Upon a showing of good cause, the court may reduce the impoundment and storage fees owed pursuant to subsection (b) of this section, but in no event shall the storage fees be reduced to amount lower than the fair market value of the vehicle.
(1) For the purposes of this subsection (c), "good cause" may be established by a preponderance of the evidence that the storage fees exceed the fair market value of the vehicle.
(2) The court shall make written findings of fact and conclusions of law that the moving party has established, by a preponderance of the evidence that good cause exists to support any decision to reduce the amount of impoundment and storage fees owed.
(d) In the event that the owners and lienors, or any of them, fail, neglect or refuse to pay the fees, expenses, and judgments, within 60 days of receiving notice of the final judgment of the court, the motor vehicle shall be declared to be abandoned and shall be disposed of in compliance with this Code.
(e) At any time after the commencement of an action pursuant to this article the city, through the city attorney's office—criminal justice division, and any party defendant to an action under this article may, in writing, voluntarily stipulate to orders and remedies that are different from and may be less stringent than the remedies provided in this article. The voluntary abatement agreement entered pursuant to this article is designed to voluntarily abate the vehicular public nuisance activity occurring and provide reasonable measures to prevent vehicular public nuisance activities from recurring. The voluntary abatement agreement shall address all vehicular public nuisance activity occurring at the time of its execution.
(f) The court shall make the written stipulations and voluntary abatement agreements an order of the court and enforce the same. The remedies provided in this article shall be applicable in the event of noncompliance with the voluntary abatement agreement. (Ord. No. 2021-23, § 1, 7-26-2021)