A. The registered or legal owner, lienholder or authorized agent of a vehicle which has been towed and impounded pursuant to the provisions of section 10.25.101
of this article may request a hearing concerning the legality of the towing and impoundment by filing a written request with the Colorado Springs Municipal Court within ten (10) days from the postmark on the notice. Failure to timely request or to attend a scheduled hearing shall be deemed a waiver of the right to a hearing. However, for good cause shown by the owner, lienholder or authorized agent thereof, the court may extend the hearing request deadline for a reasonable period of time.
B. Upon a showing that the registered or legal owner, lienholder or authorized agent of a vehicle which has been towed and impounded pursuant to the provisions of section 10.25.101
of this article was not involved in the criminal activity which necessitated towing and/or impoundment, the City shall have the discretion to release an impounded vehicle to that owner, lienholder or authorized agent without the imposition of fees and without a required hearing so long as the vehicle is not needed for evidentiary purposes.
C. Upon receipt of a timely written request, a hearing shall be conducted within seventy two (72) hours of the request, excluding weekends and holidays, if the vehicle remains impounded, or within ten (10) days of the request if the vehicle has been released, or, for good cause shown by the owner, lienholder or authorized agent thereof, the court may extend the hearing deadline for a reasonable period of time. The hearing shall be conducted by a Hearing Officer, which Hearing Officer shall be a Judge of the Municipal Court for the City of Colorado Springs, or should the Presiding Judge so designate, the Municipal Court Referee.
D. The Hearing Officer shall conduct the hearing in an informal manner and shall not be bound by technical rules of evidence. The burden of proof shall be on the City department responsible for the tow to establish by a preponderance of the evidence probable cause for the impoundment.
E. For the purposes of this section, "probable cause" shall mean a state of facts as would lead a reasonable person to believe that there was sufficient compliance with a provision of section 10.25.101
of this article or other lawful authority as to grant authority to tow and impound the vehicle.
F. If the Hearing Officer subsequent to hearing determines there was probable cause to tow and impound the vehicle, the provisions of section 10.25.103
of this article shall apply. Should the charges provided for not be paid, the vehicle shall be sold or otherwise disposed of as provided in section 10.25.106
of this article.
G. If the Hearing Officer subsequent to hearing determines there was no probable cause to tow and impound the vehicle, the City department responsible for the tow shall release the vehicle to the registered or legal owner, lienholder or authorized agent thereof, and shall be responsible for the costs incurred in the towing and storage of the vehicle. Failure of the registered owner, lienholder or authorized agent to take possession of the vehicle within forty eight (48) hours of the hearing, excluding weekends and holidays, shall render the registered owner, lienholder or authorized agent liable for all subsequent storage charges.
H. For the purposes of this section, "authorized agent" means a person who is authorized to act on behalf of or at the direction of the registered or legal owner of the towed vehicle, in all matters concerning this section. Proof of authorization may include a power of attorney or a notarized letter executed and signed by the registered or legal owner or lienholder which empowers the agent to act in the place of the registered or legal owner or lienholder regarding the towed vehicle. "Legal owner" shall include any person who can establish an ownership or possessory interest in the towed vehicle as evidenced by a legal document, which includes, but is not limited to, a contract, lease, written agreement or court order that establishes that interest.
I. For the purposes of this section, the decision of the hearing officer shall constitute final agency action. (Ord. 87-11; Ord. 01-42; Ord. 02-155; Ord. 09-119; Ord. 24-07)