(a) Demand for hearing. The owner, master or managing agent or any other person in lawful possession of a boat or property proposed for impoundment has the right to a pre-impoundment administrative hearing to determine whether there is cause to impound. Any such person desiring a hearing shall file a written demand with the City Clerk within ten days after mailing and posting of the notice of intent to impound.
(b) Hearing procedure. The hearing shall be conducted within 72 hours of receipt of a written demand therefore from the person seeking the hearing, unless such person waives the right to a speedy hearing. Saturdays, Sundays and city holidays are to be excluded from the calculation of the 72 hour period. The hearing officer shall be the City Administrator or his or her designee except that the Harbormaster is disqualified from serving as the hearing officer. The sole issue before the hearing officer shall be whether there is cause to impound the boat or property in question. CAUSE TO IMPOUND shall mean such a state of facts as would lead a reasonable person exercising ordinary prudence to believe there are grounds for impounding the boat or property. The hearing officer shall conduct the hearing in an informal manner and shall not be bound by technical rules of evidence. The person demanding the hearing shall have the burden of establishing that cause to impound the boat or property does not exist. The Harbormaster may rebut the boat owner’s case by presenting evidence to establish there is cause to impound the boat or property. Failure of the owner, operator, master or managing agent to request or attend a scheduled pre-impoundment hearing shall be deemed a waiver of the right to such a hearing.
(Ord. 2011-05, passed 6-14-11)