SEC. 8-39. HEARING.
   (A)   If a written, personal or telephonic request for a hearing is made to the city manager by a registered or legal owner of the vehicle, or an agent for such person, the city manager shall hold an administrative hearing within 48 hours of the date the request was received by the city manager, excluding weekends and holidays, to determine whether there was sufficient factual and legal basis for removing the vehicle and for charging towing and storage fees.
   (B)   At the hearing, a police department employee shall first present evidence to establish a sufficient factual and legal basis for removing and storing the vehicle. Thereafter, the person requesting the hearing may present evidence as to insufficient factual or legal basis for removing and storing the vehicle. The sole issues before the hearing officer shall be whether there was probable cause to remove and store the vehicle and the proper amount of storage and towing charges.
   (C)   The hearing officer shall conduct the hearing in an informal fashion and shall not be bound by the technical rules of evidence.
   (D)   If the hearing officer determines that there was no probable cause for removal, a police department employee shall forthwith cause the garage having custody of the vehicle to release the vehicle to its registered or legal owner or agent without any charge to the owner or agent.
(`64 Code, Sec. 18-64) (Ord. No. 2448)