(A) A pre-tow hearing or a post-tow hearing required by this chapter shall be conducted before a hearing officer within 24 hours of receipt of a written demand from the person seeking the hearing, unless such person waives the right to a speedy hearing. Saturdays, Sundays, and village holidays are to be excluded from the calculation of the 24-hour period.
(B) The hearing officer shall be someone other than the person who directed the towing and impoundment of the motor vehicle.
(C) The sole issue before the hearing officer shall be whether there is or was probable cause to tow and impound the motor vehicle in question.
PROBABLE CAUSE to tow and impound shall mean such a state of facts as would lead a person of ordinary care and prudence to believe that there is or was a sufficient breach of local, state or federal law to grant legal authority for the impoundment and towing of the motor vehicle or in the case of abandoned motor vehicles located upon private property that the motor vehicle constitutes a public nuisance under the terms of this chapter.
(D) The hearing officer shall conduct the hearing in an informal manner and shall not be bound by technical rules of evidence. The person demanding the hearing shall carry the burden of establishing that he has the right to possession of the motor vehicle. The police department shall carry the burden of establishing that there is or was probable cause to tow and impound the motor vehicle in question. At the conclusion of the hearing, the hearing officer shall prepare a written decision. A copy of such decision shall be provided to the person demanding the hearing and to the registered owner of the motor vehicle (if not the person requesting the hearing). The decision of the hearing officer is final. Failure of the registered owner or person who has legal entitlement to possession of the motor vehicle to request or attend a scheduled pre-tow or post-tow administrative hearing shall be deemed a waiver of the right to such hearing.
(Ord. 654, passed 6-17-91)