A. Request For Hearing: The registered owner, any lienholder of record, or duly authorized agents thereof, may object to the legality of the impoundment or the assessment of fees and request a hearing thereon. Request for a hearing after an impoundment shall be made in writing and received by the Department prior to the expiration of the twenty one (21) day reclaiming period. No person shall be entitled to more than one hearing on each impoundment. The objector shall be informed of the reason for the impoundment and a hearing shall be held before a hearing officer who shall be the City Manager or his designee. Upon request of the objector, the hearing may be set for a later time and date. (Ord. 87-6, 9-21-1987; 1996 Code)
B. Decision Of Hearing Officer: At the hearing, the hearing officer shall consider the objection, make a decision as to the legality of the impoundment and immediately notify the objector in writing of the decision. The decision shall state either of the following:
1. That impoundment is authorized by law, an explanation for the basis of that decision, and an itemization of the charges assessed pursuant to subsection 5-4-5A. Any bond posted under subsection 5-4-5C shall be applied to the satisfaction of the charges itemized by the hearing officer.
2. That impoundment is not authorized by law, and if the vehicle has been impounded, that the vehicle will be released to the objector upon compliance with subsection 5-4-5A and that all costs of removal, preservation, storage, and notification accruing through the fourth day after the hearing officer's decision are waived and will be paid by the City. All costs accruing thereafter shall be paid by objector prior to recovery of the vehicle. Any bond posted under subsection 5-4-5C shall be refunded, less any amounts for outstanding or unsettled traffic violations.
C. Decision Final: The decision of the hearing officer shall be final.
D. Failure To Appear: Failure of the objector to appear at the scheduled hearing shall constitute a waiver of the right to hearing and the bond shall be forfeited.
E. Determination As Abandoned Vehicle: The only issue to be considered at the hearing shall be the validity of the determination that the vehicle is an abandoned vehicle. The hearing will not be determinative of or adjudicate any outstanding or unsettled traffic violation notice or warrant. (Ord. 87-6, 9-21-1987)