Know before you tow! City agrees to fix towing procedure and rewrite local ordinance in settlement agreement

A class action lawsuit between individuals who had their vehicles towed from private property and the City of Calverton Park was recently resolved in a settlement agreement. The class members alleged that Calverton Park towed their vehicles without notice or opportunity to be heard in violation of their procedural due process rights secured via the 14th Amendment, and that the seizures of their vehicles based on warrants that were insufficiently particular and omitted information about the City’s lack of warning or notice to the vehicle owner violated their 4th and 14th Amendment rights, among other claims.

The class action settlement provided the following: 

• $465,000 total payout for class members; 

• Required ordinance changes that:  

  • Expressly make it so that the Code Enforcement Officer cannot be the same individual as the Hearing Officer;

  • Prohibit the City from towing cars from private property solely due to not being properly licensed and registered with a current license plate; and 

  • Requirement that no Special Tax Bill for towing a car from private property shall exceed $200. 

If your community is involved in towing of nuisance vehicles, from either public or private property, it is recommended that you review your process to ensure compliance with all constitutional limitations such as the 4th and 14th Amendment, that you are providing an opportunity to be heard in relation to the nuisance condition, an opportunity to abate said nuisance, and a requirement to comply with the warrant requirement to seize property where applicable. Please consult your city attorney regarding your processes and confirm these obligations in relation to nuisance enforcement are being honored.