(A) Within ten days after a motor vehicle is seized and impounded pursuant to this subchapter, the city shall notify by personal service or by first class mail to the owner of record of the owner’s right to a hearing, along with the date, time and location of the hearing, to challenge whether a violation of this subchapter has occurred. The hearing date must be scheduled and convened no later than 45 days after the mailing of the notice, or issuance of the notice of hearing. All interested persons shall be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence shall not apply at the hearing and hearsay evidence shall be admissible.
(B) If, after the hearing, the Hearing Officer determines by a preponderance of the evidence that the motor vehicle was used in violation of this subchapter, then the Hearing Officer shall enter an order finding the owner of record of the motor vehicle liable to the city for the applicable administrative fee.
(C) If, after the hearing, the Hearing Officer does not determine by a preponderance of the evidence that the motor vehicle was used in such a violation, the Hearing Officer shall enter an order finding for the owner and for the return of the motor vehicle, or the administrative fees if already paid.
(D) (1) If owner of record fails to appear at the hearing, the owner of record shall be deemed to have waived his or her right to a hearing.
(2) If the owner of record pays such administrative fee and the motor vehicle is returned to the owner, no default order need be entered if the owner was informed of his or her right to a hearing, in which case an order of liability shall be deemed to have been made when the city receives the written waiver.
(E) (1) If a bond in the amount equal to the applicable administrative fee is posted with the Police Department, the impounded motor vehicle shall be released to the owner of record.
(2) The owner of the motor vehicle shall still be liable to the towing agent for any applicable towing fees.
(F) (1) If an administrative fee is imposed for a violation of this subchapter, the bond will be forfeited to the city; however, if a violation of this subchapter is not proven by preponderance of the evidence, the bond will be returned to the person posting the bond.
(2) All bond money posted pursuant to this subchapter shall be held by the city until the Hearing Officer issues a decision or, if there is a judicial review, until the court of jurisdiction issues its orders.
(G) All decisions of the administrative Hearing Officer shall be subject to review under the provisions of the State Administrative Review Law.
(1999 Code, § 70.78) (Ord. 3653, passed 1-4-2010; Ord. 3743, passed 2-6-2012)