(A) Hearing Officer and Scheduling. Hearings, if requested within the seven consecutive day period set forth in §§ 8-5-2-3(D) and 8-5-2-9(B), shall be conducted by the City Hearing Officer, in accordance with the IHO Ordinance, ROA 1994, Chapter 2, Article 7, Part 8.
(B) Scope, Burden of Proof and Procedures. The party requesting the hearing bears the burden of establishing that such person has the right to possession of the vehicle. The city bears the burden of establishing the validity of the proposed or completed impoundment. The standard of proof is a preponderance of the evidence. Procedures regarding the hearing shall be the procedures outlined in the IHO Ordinance, ROA 1994, Chapter 2, Article 7, Part 8.
(C) Pre-impoundment Hearings. Requests for a pre-impoundment hearing shall be filed with the City Clerk. The City Clerk shall notify the city department responsible for impounding the motor vehicle and the hearing officer that the request for hearing has been filed. At a hearing prior to the impoundment of a vehicle allegedly parked in violation of §§ 8-5-2-1 et seq., the hearing officer shall determine whether the vehicle is parked in violation of such sections. If the hearing officer so finds, the hearing officer shall so notify the Mayor or the Chief and shall order the vehicle removed and impounded and assess the impoundment charges thereof against the vehicle.
(D) Post Impoundment Hearing and Bond. Requests for a post impoundment hearing shall be submitted to the City Clerk within the 30 day notice period required in §§ 8-5-2-3(E) and 8-5-2-12(A). If the hearing officer does not so find, the officer shall order the vehicle released immediately to the person entitled to possession, assess impoundment charges against the city and issue a certificate of release showing the date and hour of the release and provide a copy to the owner of the vehicle. Upon receipt of the owner's copy of such certificate, the authorized garage (impoundment lot) having custody of the vehicle shall release the vehicle to the owner without charge. The hearing officer shall determine that the party receiving the certificate of release is entitled to possession of the vehicle and has presented proof of ownership. If the owner fails to present the certificate of release to the impoundment lot or garage within 24 hours of its issuance, excluding days when the garage is not open for business, the owner shall pay for all subsequent storage charges. The requirement to present the certificate of release as required in this division shall be printed on the certificate.
(E) Failure to Request Hearing. Failure of any person to request an impoundment hearing within the time provided or attend any such hearing constitutes a waiver of the right to such hearing.
(Ord. 25-2003; Am. Ord. 44-2003; Am. Ord. 31-2007; Am. Ord. 2023-015)