The owner or other person entitled to possession of a vehicle seized and impounded pursuant to Section 9-92-030 of this Code may request a hearing before the department of administrative hearings. Such a hearing request must be made in person and in writing at the department of administrative hearings within 30 days after the vehicle is seized and impounded. If at the time of the request for a hearing the owner or other person entitled to possession of the vehicle has not obtained the release of the vehicle, an administrative law officer of the department of administrative hearings shall conduct such hearing within 48 hours of the request, excluding Saturdays, Sundays and legal holidays. However, if at the time of the request for a hearing the owner or other person entitled to possession of the vehicle has obtained the release of the vehicle, an administrative law officer of the department of administrative hearings shall conduct such hearing within 30 days of such request. The hearing referred to in this section shall be to determine whether the vehicle is subject to towing or removal under Section 9-92-030 of this Code, and the validity of any towing or storage fees imposed. If, after the hearing, the administrative law officer determines that the vehicle was subject to towing or removal under Section 9-92-030 of this Code, the administrative law officer shall enter an order finding the owner or other person entitled to possession of the vehicle liable to the city for the towing and storage fees. If, after a hearing, the administrative law officer determines that the vehicle was not subject to towing or removal under Section 9-92-030 of this Code, the administrative law officer shall enter an order finding for the owner or other person entitled to possession of the vehicle and for the return of the vehicle if it was not previously released, and a refund of the previously paid towing and storage fees; provided, however, the vehicle shall not be released if such vehicle is held pursuant to applicable state, federal or any other law, or a court order or warrant that authorizes the continued impoundment of the vehicle.
(Added Coun. J. 11-18-09, p. 76558, § 1)