A. Hearing Officer: The police chief shall designate from time to time a person within the police department as a preliminary hearing officer and an attorney licensed to practice law in the state for at least a minimum of three (3) prior years as the hearing officer.
B. Preliminary Hearing: Within twenty-four (24) hours of any vehicle being seized and impounded pursuant to this chapter, if requested by any owner of record, lessee, or any lienholder of record, the preliminary hearing officer shall allow for preliminary hearing at which time said owner of record, lessee, or any lienholder of record may present any evidence said person desires which would demonstrate a defense to said seizure and impoundment. The preliminary hearing may be conducted in person, over the phone or by other communication method or combination of communication methods. If the preliminary hearing officer determines that said evidence supports such a defense, the police department may release said vehicle without further process. If the preliminary hearing officer determines that said evidence does not support such a defense, then the preliminary hearing officer shall proceed to a full hearing as outlined in the subsection (C) below.
C. Full Administrative Hearing: If the vehicle remains impounded, and absent a determination to release vehicle, a full administrative hearing shall be scheduled within sixty (60) days from the date of the seizure and impoundment.
1. Notice Of Administrative Hearing: Notice shall be given in writing within thirty (30) days after a vehicle is seized and impounded by personal delivery or by certified mail, return receipt requested to the registered owner or lessee of the vehicle and any lienholder of record, stating the stating the date, time, location of the administrative hearing and requesting a plea of guilty or not guilty.
2. Guilty Plea: If the owner returns a guilty plea, the matter may be disposed of without administrative hearing on the basis of the guilty plea.
3. Hearing: If the owner pleads not guilty or fails to respond, the administrative hearing will proceed as scheduled, unless continued by order of the hearing officer, no later than sixty (60) days after the initial administrative hearing. 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, but only if it is the type commonly relied upon by reasonably-prudent persons in the conduct of their affairs.
4. Administrative Determination: After the hearing, the hearing officer(s) shall issue a written decision either sustaining or overruling the vehicle impoundment. If the hearing officer determines by a preponderance of evidence that the vehicle was used in connection with a violation set forth in this section, 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 seven hundred and fifty dollars ($750.00) and requiring the vehicle to continue to be impounded until the owner pays the administrative penalty to the City (or to the towing firm as directed by the City) plus fees to the towing firm for the towing and storage of the vehicle. 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.
5. Default: If the owner of record fails to appear at the hearing, the hearing officer shall enter a default order in favor of the City.
6. Appeal: An owner may appeal the determination made by the hearing officer pursuant to the administrative review law. (Ord. 21-0110, 1-11-2021)