(A) After the removal of an abandoned vehicle, nuisance vehicle or junked motor vehicle, the owner or any other person entitled to possession is entitled to a hearing for the purpose of determining if probable cause existed for removing the vehicle.
(B) A request for hearing must be filed in writing with the Town Council within 5 days of receiving the post towing notice.
(C) Failure to notify the Town Council, as provided by this section, shall be deemed a waiver of the right to a hearing.
(D) At the hearing the owner of the vehicle will have an opportunity to present evidence in order to show cause why the sale or disposition of the vehicle should not occur in accordance with this chapter.
(E) The owner has the right to have counsel present at the hearing.
(F) The Town Council shall serve as the hearing officer, shall conduct the hearing at their next regularly scheduled meeting, shall conduct the hearing in accordance with the procedures stated in this section, and shall prepare a written report within 5 days of the hearing stating their conclusions concerning whether the vehicle was in violation of this chapter and the reasons and evidence upon which the conclusion has been based.
(G) The written report shall determine that the vehicle shall either be disposed of in accordance with this chapter or be immediately returned to the registered owner.
(H) If the Town Council determines that the vehicle was not in violation of this chapter, then it must be immediately returned to the registered owner and the owner not charged with the cost of removal expenses. A copy of the report shall be mailed to the owner and the town shall retain the original report.
(I) The owner, the person who requested the hearing if someone other than the owner, the tower and the person who authorized the towing shall be notified of the time and place of the hearing.
(J) The owner, the tower, the person who authorized the towing and any other interested parties may present evidence at the hearing. The person authorizing the towing and the tower may submit an affidavit in lieu of appearing personally, but the affidavit does not preclude that person from also testifying.
(K) The only issue at this hearing is whether or not probable cause existed for the towing. If the Town Council finds that probable cause did exist, the charge for towing and storage continues. If the Town Council finds that probable cause did not exist, the charge for towing and storage will be paid by the town.
(1981 Code, § 16-9) (Ord. passed 3-26-1990; Am. Ord. passed 3-24-2003)