A. Opportunity for Hearing. The Police Department shall provide any potential claimants, discovered as a result of its investigation of vehicle ownership interests, with the opportunity for a post-seizure hearing to determine the validity of the seizure, that is, whether there was probable cause to believe the vehicle was used in violation of this Chapter.
B. Manner of Hearing. The Police Department shall have the authority, but not the obligation, to conduct this hearing in the same manner as a vehicle post-storage hearing conducted pursuant to California Vehicle Code Section 22852.
C. Hearing Officer. The Police Department may authorize its own officer or employee to act as a hearing officer and conduct the post-seizure hearing, provided that the officer so chosen is not the same person who directed or participated in the seizure of the nuisance vehicle.
D. Request for Hearing. Any claimant who desires a post-seizure hearing must make a request to the Police Department in person, or in writing, or by telephone as specified in the notice of seizure. The request must be made within ten (10) business days of the date of the notice of seizure. Failure to make a request within the time allowed shall constitute the claimant’s waiver of any right to a post-seizure hearing and satisfies the requirement for such a hearing.
E. Time for Hearing. The post-seizure hearing shall be conducted within five (5) business days of the date of the first request received by the Police Department from any claimant.
F. Multiple Claimants; Notice of Hearing.
1. If there are multiple claimants, then upon receipt of the first request for a post-seizure hearing, the Police Department shall send written notice, by regular mail, of the date, time and location of the post-seizure hearing to the remaining claimants.
2. The Police Department shall not be required to conduct multiple post-seizure hearings for each seized nuisance vehicle.
3. Claimants who cannot attend the post-seizure hearing as scheduled and wish to be heard, may send a written statement for the hearing officer’s consideration to the Police Department at the address specified in the notice of seizure.
G. Findings of Hearing Officer.
1. If the hearing officer determines that no probable cause existed for the seizure, the vehicle shall be released as soon as practicable to the appropriate claimant without imposing any towing and/or storage charges. The City Attorney and each claimant shall be notified of the release.
2. If the hearing officer determines that probable cause for the seizure existed and that the seized vehicle may be subject to the forfeiture exceptions set forth in Section 9.80.100, the hearing officer shall confer with the City Attorney as soon as possible. Upon the determination of the City Attorney that a forfeiture exception applies, the vehicle shall be released as soon as practicable to the appropriate claimant without imposing any towing and/or storage charges. The City Attorney and each claimant shall be notified of the release.
3. If the hearing officer determines that probable cause existed for the seizure, then forfeiture proceedings against the vehicle will continue as provided in Section 9.80.090.