(A) The owner of record seeking a vehicle impoundment hearing shall file a written request for such a hearing with the Police Department of the city no later than 15 days after notice was mailed or otherwise given to the owner of record under § 138.03 or 138.04 of this chapter. The hearing date shall be no more than ten calendar days after a request for a vehicle impoundment hearing has been filed.
(B) (1) If, after the vehicle impoundment hearing, the hearing officer determines by a preponderance of the evidence that the motor vehicle was used in the violation, the hearing officer shall enter an order finding the owner of record liable to the city for the amount of the administrative penalty prescribed, plus applicable towing and storage fees payable to the towing agent.
(2) If, after a 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 of record and for the return of the motor vehicle and any previously paid administrative penalty and applicable towing and storage fees; provided that if the motor vehicle was seized and impounded pursuant to state or federal drug asset forfeiture laws, the motor vehicle shall not be returned unless and until the city receives notice from the appropriate state, or where applicable, federal officials that:
(a) Forfeiture proceedings will not be instituted; or
(b) Forfeiture proceedings have concluded and there is a settlement or a court order providing that the motor vehicle shall be returned to the owner of record.
(C) If the owner of record requests a vehicle impoundment hearing but fails to appear at such hearing or fails to request a vehicle impoundment hearing in a timely manner, the owner of record shall be deemed to have waiver his or her right to such a hearing and the hearing officer shall enter a default order in favor of the city for the amount of the administrative penalty prescribed, plus applicable towing and storage fees payable to the towing agent.
(D) However, if the owner of record pays such administrative penalty and applicable towing and storage fees and the motor vehicle is returned to the owner of record, no default order need be entered if the owner of record is informed of his or her right to a hearing and signs a written waiver, in which case an order of liability shall be deemed to have been made when the city receives the written waiver.
(Ord. 09-29, passed 8-10-09)