Sec. 7-104. Scope.

Property which is in the possession of pawnbrokers, secondhand dealers, the police department or other person, and which has all of the characteristics set forth in section 7-105, below, shall be disposed of pursuant to this article.

(Ord. No. 8680, § 3, 4-22-96; Ord. No. 9587, § 8, 8-6-01)

Sec. 7-105. Property included.

   (a)   The city has reason to believe that the property was stolen.

   (b)   The police department has possession of the property or has placed a hold on the property as set forth in section 7-101.

   (c)   No state court has before it a petition against a suspect alleged to have stolen the property.

   (d)   Two (2) or more persons are known or believed to have made, or can reasonably be anticipated to make, a claim for possession of the property.

   (e)   The city makes no claim to possession of the property.

   (f)   The property will not be required to be retained for use as evidence in any legal proceeding other than the hearing under this article and the city police department has no other lawful reason for holding the property.

(Ord. No. 8680, § 4, 4-22-96; Ord. No. 9587, § 9, 8-6-01)

Sec. 7-106. Initiation of petition.

The police department shall file a petition with a hearing officer designated by the city manager to determine ownership of the property within forty-five (45) days of the conclusion of the criminal investigation or criminal proceedings involving the property. Such petition shall set forth the following:

   (1)   The facts establishing compliance with section 7-105.

   (2)   The name and address of each person described in section 7-105(d).

   (3)   An accurate description of the property, any identifying marks or serial numbers, the police identification number(s), the location where the property is currently being held, and the person from whom seized, if the property was in fact seized.

(Ord. No. 8680, § 5, 4-22-96)

Sec. 7-107. Service of the petition; notice of hearing.

   (a)   The police department shall serve the petition by personal service or by first class mail, postage prepaid, return receipt requested, upon all persons known to have an interest in the property, each person described and named in section 7-105(d) and section 7-106(b) above, and, in all cases, the person from whom the property was obtained or who currently possesses the property subject to the police department hold.

   (b)   A copy of sections 7-104 through 7-113 of this article shall be served with each petition.

   (c)   There shall be served with the petition a notice of hearing setting forth the date, time and place for the conduct of the hearing to determine the right of possession to the property. The hearing date shall not be sooner than twenty-five (25), nor more than forty-five (45), calendar days after the date of service of the petition and notice.

   (d)   Service shall be made to the last known address of all persons included in subsection (a) of this section.

   (e)   Service shall be complete upon receipt. If service is made by certified mail, the return receipt shall be prima facie evidence of service.

   (f)   Proof of service upon each potential claimant shall be delivered to the hearing officer.

(Ord. No. 8680, § 6, 4-22-96)

Sec. 7-108. Claimant's rights.

   (a)   Any person claiming an interest in the property shall be known as a respondent.

   (b)   A respondent or any other person claiming any ownership interest of any kind, or possessory right to the property shall have the right to appear at the hearing and to present any and all evidence in support of such person's claim to the property.

   (c)   Except as provided in section 7-110(b) of this article, the failure of any person to appear at such Hearing shall constitute a waiver of any claim to the property by such person as against the city, and shall authorize the hearing officer to enter a ruling consistent therewith.

(Ord. No. 8680, § 7, 4-22-96)

Sec. 7-109. Hearing officer.

All petitions filed pursuant to this article shall be filed with and considered by a hearing officer appointed by the city manager.

(Ord. No. 8680, § 8, 4-22-96)

Sec. 7-110. Conduct of hearing.

   (a)   The hearing shall be conducted informally and the technical rules of evidence shall not apply, provided that the decision of the hearing officer shall in all cases be based upon substantial and reliable evidence. All parties shall have the right to be represented by counsel, to present evidence and testimony in support of their position, and to cross-examine adverse witnesses. All witnesses shall be placed under oath before testifying.

   (b)   The burden of proof shall be by a preponderance of the evidence, and shall at all times be upon the person or persons challenging the possession of the party from whom the property was taken by the police department, even if the party from whom the property was taken does not appear at the hearing. If the property was not seized by the police department, the burden of proof shall at all times be upon the person or persons challenging the party who currently possesses the property subject to the hold.

   (c)   The hearing shall be recorded electronically or by other means.

   (d)   The decision of the hearing officer shall be issued within ten (10) calendar days of the close of the record. The decision shall be in writing, and shall be mailed postage prepaid to each respondent or claimant appearing. A copy of the decision shall also be sent to the city police department.

   (e)   The decision of the hearing officer shall be final upon issuance.

(Ord. No. 8680, § 9, 4-22-96)

Sec. 7-111. Judicial review.

   (a)   Any respondent or other party participating in the hearing who is aggrieved by the decision of the hearing officer may seek judicial review by way of special action to the superior court.

   (b)   A complaint seeking special action review shall be filed within thirty (30) days of a final decision by the hearing officer.

(Ord. No. 8680, § 10, 4-22-96)