At any hearing reviewing the imposition of the administrative fee, the administrative hearing officer shall only consider defenses recognized by this section.
A. There shall only be three (3) recognized defenses to the imposition of the administrative fee:
1. The vehicle was stolen at the time the illegal item was found in the vehicle, and the theft was reported within twenty four (24) hours after the theft was discovered or reasonably should have been discovered;
2. The vehicle was operating as a common carrier and the violation occurred without the knowledge of the person in control of the vehicle; or
3. The vehicle was not used in connection with an offense described in section 12-4-5 of this division.
B. Notwithstanding the limitations set forth in paragraph A of this section, the following circumstances shall not constitute a defense to the imposition of the administrative fee:
1. The registered owner, lessee, or lienholder of record was not the driver of the vehicle during the commission of the offense in question;
2. Any criminal charge related to the incident giving rise to the impoundment has been adjudicated not guilty;
3. Any criminal charge related to the incident giving rise to the impoundment has been dismissed or otherwise disposed of; or
4. Any other circumstance not specified in paragraph A of this section. (Ord. 2011-1008, 10-19-2011)