Where the owner of record of a motor vehicle seized under the provisions of this chapter makes a request for a preliminary hearing, in writing, and filed with the Chief of Police or the Chief of Police’s designee within 12 hours after the seizure of the motor vehicle, the Chief of Police or the Chief of Police’s designee must conduct a preliminary hearing within 24 hours after the request for a preliminary hearing is received by the city; provided that if the date for the preliminary 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.
(A) All interested persons shall be given a reasonable opportunity to be heard at the preliminary hearing.
(B) The formal rules of evidence shall not apply at the preliminary hearing, and hearsay testimony shall be allowed and admissible.
(C) If, after the conclusion of the preliminary hearing, the Chief of Police or a duly authorized designee determines that there is probable cause to believe that the motor vehicle has been operated in a manner constituting a public nuisance as provided in § 78.02 of this chapter, the Chief of Police or the Chief of Police’s designee shall order the continued impoundment of the motor vehicle, unless the owner of record of the motor vehicle posts a cash bond with the city in the amount of $500, and pays the towing and storage costs to the applicable towing company, as set forth in § 78.04 of this chapter.
(D) If the Chief of Police or a duly authorized designee determines that there is not probable cause to believe that the motor vehicle has been operated in a manner constituting a public nuisance as provided in § 78.02 of this chapter, the motor vehicle shall be returned to the owner of record of the motor vehicle without any fees or other costs, but the owner of record shall nevertheless be responsible to pay any towing or storage charges to the applicable towing company.
(Ord. 09-23, passed 11-10-09)