A. A hearing requested pursuant to this chapter shall be conducted before a hearing examiner designated by the city within forty eight (48) hours of receipt of a written demand for such hearing, Saturdays, Sundays and city holidays excepted, unless such person waives the right to a speedy hearing.
B. The hearing proceedings shall be conducted in an informal manner and shall not be bound by the formal rules of evidence or procedure. The vehicle owner or the owner's agent shall be accorded the essential elements of due process of law, including notice, and an opportunity to be heard and defend the owner's position.
C. The hearing examiner shall determine whether the city had probable cause, pursuant to city, state and federal laws, to impound or immobilize the vehicle in question.
D. The hearing examiner shall determine whether, in appropriate cases, fees and charges should be reduced in the interest of justice. In the event that the hearing examiner determines that the vehicle should be released without fees or with a reduction in fees, the hearing examiner shall prepare and date a written waiver of such fees. Copies of the waiver shall be furnished to the vehicle owner or owner's agent and the police department. The vehicle shall then be released to the owner or the owner's agent, in accordance with the terms of said waiver, or a voucher shall be authorized to reimburse the owner or owner's agent for fees paid to recover the vehicle from impound or immobilization. If the hearing examiner determines that the impound or immobilization was justified pursuant to city and state law, the owner or agent shall be responsible for the impound and storage or immobilization fees accrued and accruing on the vehicle.
E. At the conclusion of the hearing, the hearing examiner shall prepare a written decision and a copy of such decision shall be provided to the person requesting the hearing. The decision of the hearing examiner shall be final. Failure of the registered or legal owner, or the owner's agent, to request or attend such a scheduled postseizure or postimmobilization hearing shall be deemed a waiver of the right to such hearing. (Ord. 43-13, 2013)