A. The City shall appoint an attorney licensed to practice law for at least three (3) years to serve as an Administrative Hearing Officer.
B. The owner of record may contest the impoundment by filing a written request for an administrative hearing with the Administrative Hearing Officer. The request must be filed no later than ten (10) business days after the seizure.
C. Upon receipt of a request for hearing, a hearing shall be scheduled and convened no later than forty five (45) days after receipt of said request.
D. Interested persons shall be given an opportunity to be heard at the hearing. Formal rules of evidence shall not apply at the hearing, and hearsay evidence shall be admissible. (Ord. 0-17-2, 1-23-2017)
E. 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, the Hearing Officer shall enter an order finding the owner of record of the motor vehicle liable to the City for the amount of the administrative impoundment fee, plus an additional administrative fee as set from time to time by the City Council, and towing and storage fees. (Ord. 0-17-23, 11-27-2017)
F. If, after the 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 release of the vehicle, with no administrative impoundment fee due, and after towing and storage fees have been paid. (Ord. 0-17-2, 1-23-2017)
G. If, after the Hearing Officer makes a ruling of guilty, and allows for a time to pay; the owner and driver, if not present, will be notified by U.S. mail that they were found guilty in default, otherwise if at the hearing they will be immediately notified. If the owner or operator of the vehicle found in violation has not paid the determined fines and penalties by the time allotted from the Hearing Officer, the City of Colona will turn the unpaid fees over to collections to be collected. (Ord. 0-17-23, 11-27-2017)