(a) If the Hearing Officer finds that the impoundment of the vehicle was invalid or unjustified, the Hearing Officer will order the vehicle to be immediately released, and the owner or any other person who has an interest in the vehicle shall not be held liable for any tow and/or storage charges. If the costs of impoundment and the administrative fee have already been paid, the Hearing Officer shall enter judgment against the City in the amount of the costs of impoundment and administrative fee.
(b) If the Hearing Officer finds that the impoundment of the vehicle was valid and justified, the Hearing Officer will order that the vehicle continue to be held until all fees, fines, tow and storage charges are paid. The City will be responsible in cases where the impoundment is valid and justified for charges that have accrued from the date that the hearing was requested until the actual hearing date.
(c) No determination of facts made at a hearing under this section shall have any collateral estopped effect on subsequent criminal prosecution and shall not preclude litigation of those same facts in a subsequent criminal prosecution.
(d) The decision of the Hearing Officer shall be the final decision by the City. Any person aggrieved by a decision may file a petition for judicial review in a court of competent jurisdiction.
(e) Except as otherwise provided in paragraphs (a) through (b) above, the City shall have no liability for damage that may be caused by removal of a vehicle or for any towing or storage fees.
(Ord. 44-04. Passed 10-18-04.)
(Ord. 44-04. Passed 10-18-04.)