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(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)
(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)
(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)
(a) Any person prevailing in a hearing or uncontested proceeding administered pursuant to this article shall be entitled to receive the property described in the petition after producing a copy of the decision in their favor and appropriate identification to the property's custodian.
(b) A receipt shall be signed evidencing delivery of the property to the person identified in subsection (a) of this section.
(c) Any person with custody of the property described in the petition who is presented with a copy of the hearing officer's decision and appropriate identification shall release the property to the prevailing party.
(Ord. No. 8680, § 11, 4-22-96)
If a provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the article that can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.
(Ord. No. 9587, § 10, 8-6-01)
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