(A) An owner of a motor vehicle seized under the provisions of this subchapter may request a preliminary hearing by delivering a written request to the City Police Department within 12 hours after the seizure of the motor vehicle.
(B) If the written request is timely made, a hearing officer shall conduct a preliminary hearing within 72 hours after the request for preliminary hearing is received by the city; provided that if the date for the hearing falls on a Saturday, Sunday or legal holiday, the preliminary hearing will be held on the next business day following the Saturday, Sunday or legal holiday. For purposes of this section, the following shall apply.
(1) All interested persons will be given a reasonable opportunity to be heard at the preliminary hearing.
(2) The formal rules of evidence will not apply at the hearing. Hearsay testimony will be admissible.
(3) If, after the conclusion of the hearing, the hearing officer determines that there is probable cause to believe that the vehicle was used in the commission of any offense as hereinabove provided in § 130.096(A), the hearing officer shall order the continued impoundment of the vehicle, unless the owner of the vehicle posts a cash bond with the city as provided in § 130.097, plus the fees for towing and storage.
(4) If the hearing officer determines that there is not probable cause to believe that the vehicle was used in the commission of any offense as hereinabove provided in § 130.096(A), the motor vehicle will be returned to the owner of the vehicle without any penalty or other costs.
(5) The hearing officer for the preliminary hearing shall be the City Police Chief or his or her designee.
(1990 Code, § 15-203) (Ord. 06-3164, passed 11-20-2006; Ord. 07-3181, passed 4-2-2007; Ord. 10-3288, passed - -[2010])