(A) The owner of a motor vehicle which has been impounded pursuant to this subchapter or other person entitled to possession, may challenge the validity of such impoundment and request in writing a hearing before the Code Enforcement Board. The hearing shall be conducted at the regular meeting of the Board. The city shall retain possession of the vehicle pending the hearing, unless the owner or other person claiming right of possession posts a bond in an amount equal to the fines and fees accrued as of the date of the hearing request, or $75 whichever is less.
(B) Any person who refuses or, except for good cause, fails to appear at the time and place set for the hearing shall be deemed to have conceded on his and the owner's behalf the validity of the impoundment.
(C) At the hearing, after consideration of the evidence, the Board shall determine whether the impoundment was valid and reasonable. Where it has not been established that the impoundment was justified, an order releasing the vehicle shall be entered. All fines and fees paid or amounts posted as bond because of the impoundment of the vehicle shall be returned. Where it has been established that the impoundment was justified, the Board shall uphold the impoundment and condition the release of the vehicle upon payment of all fines and fees accruing thereto. If bond has been posted as security for release of the vehicle, the bond shall be forfeited to the city. All fines or fees in excess of the amount of the bond posted shall be ordered to be paid by the owner of the vehicle to the city. The Board shall furnish the owner or person appearing on the owner's behalf with a copy of its order.
(D) The Board may consider a parking citation and any other written report made under oath by the issuing officer in lieu of the officer's personal appearance at the hearing.
(E) An appeal from the Code Enforcement Board's determination may be made in accordance with § 33.70 et seq.
(Ord. 0-4-85, passed 2-26-85; Am. Ord. O-12-04, passed 4-27-04)