7-11-5: APPEAL PROCEDURES:
Within seven (7) business days after a vehicle is seized and impounded pursuant to this chapter, the city shall notify by certified mail, return receipt requested, the owner of record of the date, time, and location of a hearing to be conducted, pursuant to this chapter. The hearing will be conducted in accordance with title 1, chapter 16 of this code. If a plea of guilty is entered, the case will be disposed of at that time. If the owner pleads not guilty, a hearing will be conducted in accordance with title 1, chapter 16 of this code. All interested persons shall be given a reasonable opportunity to be heard at the hearing. At any time prior to the hearing date, the hearing officer may, at the request of either party, direct witnesses to appear and give testimony at the hearing. The formal rules of evidence will not apply at the hearing, and hearsay evidence shall be admissible only if it is the type commonly relied upon by reasonably prudent persons in the conduct of their affairs. If, after the hearing, the hearing officer determines by a preponderance of evidence that the vehicle was used in connection with a violation set forth in this chapter, the hearing officer shall enter an order finding the owner of record of the vehicle civilly liable to the city for an administrative penalty in an amount not to exceed five hundred dollars ($500.00) and requiring the vehicle to continue to be impounded until the owner pays the administrative penalty to the city plus fees to the tower for the towing and storage of the vehicle. If the owner of record fails to appear at the hearing, the hearing officer shall enter a default order in favor of the city. If the hearing officer finds that no such violation occurred, the hearing officer shall order the immediate return of the owner's vehicle or cash bond without fees. (Ord. M-2-07, 1-16-2007)