§12-2405. Removal or Immobilization of Parked Vehicles; Notice. [82]


(1) Any vehicle may be removed, by means of towing to the nearest Official Towing Station or immobilized for up to seventy-two (72) hours by means of applying a boot and then towed to the nearest Official Towing Station if not reclaimed, by or under the direction of a member of the Department, or its designated agent whenever any vehicle is:

(a) abandoned on the highway;

(b) parked in a towing zone; or

(c) parked on a public street and has three or more delinquent parking tickets for which appropriate notice has been sent to the registered owner; provided that a boot may be applied only after a delinquency notice on the third parking ticket has been issued for at least thirty days; or

(d) parked on a public street in violation of Section 12-916; or[83]

(e) parked in violation of Section 12-913(1)(b)(i), relating to parking in front of a public or private driveway; or[84]

(f) parked in violation of Section 12-902(1)(a), which prohibits the parking of a vehicle upon any roadway for the purpose of displaying such vehicle for sale; or[85]

(g) parked in a valet parking zone in violation of § 12-917(5).[86]

(h) parked in a reserved accessible parking space in violation of § 12-1117(3)(f).[87]

(i) parked on a sidewalk in violation of Section 12-913(1)(a)(ii).[88]

(2) When a vehicle is towed pursuant to this section or other provision of law notice of removal shall be sent within thirty (30) days by the Department, or its designated agent, to the owner of record of such vehicle, indicating the place to which such vehicle has been removed, the reason for its removal and impounding, the applicable fees, and the possibility that the vehicle will be sold at public auction if not reclaimed within fifteen (15) days of issuance of notice, except that when a vehicle has been towed as an abandoned vehicle appropriate notice shall be sent to the registered owner by regular mail within seventy-two (72) hours whenever possible. When the Department intends to retain possession of the vehicle pending an investigation, the notice shall so state, and the Department shall issue a subsequent notice of the appropriate time informing the owner that the vehicle may be reclaimed. No notice shall be required of removal by the Department where the owner of the vehicle has contacted the Department within seventy-two hours of such removal.[89]

(3) When a vehicle has not been reclaimed within fifteen (15) days of issuance of notice that it is available to be reclaimed, the Department or its designated agent shall thereafter send notice to all registered lienholders of the vehicle, informing such lienholders that the vehicle may be reclaimed upon proof of right to possession and payment of all outstanding fees, charges and fines, and that the vehicle may be sold at public auction if not reclaimed within fifteen (15) days. A copy of this notice shall be sent to the owner of record.[90]

(4) In any case involving immobilization of a vehicle pursuant to this Section, a notice shall be placed on such vehicle, in a conspicuous manner, sufficient to warn any individual that such vehicle has been immobilized and that any attempt to move such vehicle may result in damage thereto.[91]