A. At the time of impoundment or within five (5) business days after a motor vehicle is seized and impounded pursuant to this chapter, the city shall notify by personal service or by certified mail to the owner of record of the owner's right to request a hearing to challenge whether a violation of this chapter has occurred. The owner of record seeking a hearing must file a written request for a hearing with the chief of police, or his designee, no later than five (5) business days after notice was mailed. The hearing date must be scheduled no more than ten (10) business days after the request for a hearing has been filed. All interested persons shall be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence shall not apply at the hearing and hearsay evidence shall be admissible.
B. If, after the hearing, the hearing officer determines by a preponderance of the evidence that the motor vehicle was used in violation of this chapter, then the hearing officer shall enter an order finding the owner of record of the motor vehicle liable to the city for the applicable administrative fee.
C. If, after a hearing, the hearing officer does not determine by a preponderance of the evidence that the motor vehicle was used in such a violation, the hearing officer shall enter an order finding for the owner and for the return of the motor vehicle.
D. If the owner of record requests a hearing but fails to appear at the hearing or fails to request a hearing in a timely manner, the owner of record shall be deemed to have waived his or her right to a hearing and the hearing officer shall enter a default order in favor of the city in the amount of the administrative fee. However, if the owner of record pays such administrative fee and the motor vehicle is returned to the owner, no default order needs to be entered if the owner is informed of his or her right to a hearing in which case an order of liability shall be deemed to have been made when the city receives proof of notification.
E. If a bond in the amount equal to the applicable administrative fee is posted with the police department, the impounded motor vehicle shall be released to the owner of record. The owner of the motor vehicle shall still be liable to the towing agent for any applicable towing fees.
F. If an administrative fee is imposed for a violation of this chapter, the bond will be forfeited to the city; however if a violation of this chapter is not proven by preponderance of the evidence, the bond will be returned to the person posting the bond. All bond money posted pursuant to this chapter shall be held by the city until the hearing officer issues a decision, or, if there is a judicial review, until the court of jurisdiction issues its orders. (Ord. 1440, 7-18-2011)