(A) Notice of right to request hearing. Within ten days after a vehicle is seized or impounded pursuant to this chapter, the city shall provide notice to the owner of the motor vehicle of his or her right to request a hearing to determine whether the vehicle is subject to impoundment pursuant to this subchapter. This notice shall be in writing, and shall either be personally delivered or mailed by certified mail, return receipt requested, to the owner, as shown on the records of the Secretary of State of the state in which the vehicle is registered.
(B) Notice of hearing. If the owner files a written request for a hearing with the Police Department no later than 15 days after the notice was mailed or otherwise given as provided above, a hearing shall be scheduled and held, unless continued by order of the hearing officer, no later than 45 days after the request for hearing was filed. Notice of the hearing shall be given by regular mail to the owner at his or her address as shown on the Secretary of State vehicle registration records.
(C) Hearing. For purposes of this section, the following shall apply to the final hearing.
(1) All interested persons will be given a reasonable opportunity to be heard at the hearing.
(2) The formal rules of evidence will not apply at the hearing. Hearsay testimony will be admissible.
(3) If the hearing officer determines by a preponderance of the evidence that the vehicle was used as hereinabove provided in § 130.096(A), the hearing officer shall order the continued impoundment of the vehicle until the owner of the vehicle pays to the city the applicable penalty provided for in § 130.096, plus the fees for towing and storage. The penalty shall be a debt due to the city.
(4) If the hearing officer determines that the vehicle was not used as hereinabove provided in § 130.096(A), the motor vehicle will be released to the owner of the vehicle without any penalty or other costs, or, if a cash bond had previously been posted, the cash bond shall be returned.
(5) The hearing officer for the final hearing shall be an attorney licensed to practice law in this state who is not an employee of the city.
(1990 Code, § 15-204) (Ord. 06-3164, passed 11-20-2006; Ord. 07-3181, passed 4-2-2007; Ord. 10-3288, passed - -[2010])