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)

Sec. 7-112. Release of property.

   (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)

Sec. 7-113. Limited effect of hearing officer decision.

Nothing in this article shall prevent any person from filing an action in a court of appropriate jurisdiction to establish ownership to the property.

(Ord. No. 8680, § 12, 4-22-96)

Sec. 7-114. Provisions severable.

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)

Sec. 7-115. Grounds for denial and revocation of license.

   (a)   No license for a secondhand dealer shall be issued or renewed if the applicant or licensee:

   (1)   Is not eighteen (18) years of age or older;

   (2)   Made any false statement or failed to answer any question in the application;

   (3)   While licensed under this article, has had such license revoked within the previous two (2) years;

   (4)   Has been convicted or found responsible of a violation of this article within one (1) year immediately preceding the application.

   (b)   No license shall be issued or renewed if the location of the business is not in conformity with applicable zoning regulations.

   (c)   The director of finance shall revoke a license issued under this article when:

   (1)   The licensee is convicted of or found responsible for two (2) or more violations of this article committed within a one (1) year period;

   (2)   An employee of the licensee is convicted or found responsible for two (2) or more violations of this article committed within a one (1) year period. The licensee shall be notified in writing by the police department whenever an employee is cited for a violation of this article. Notice shall be given to the licensee within ten (10) days of the charge being filed. The provisions of this subsection regarding license suspension shall not apply in the absence of such notification;

   (3)   The applicant or licensee has made false or misleading statements of material fact in the application for the license required by this article, or has entered or given false information in any record or report required by this article to be kept or made by a licensee;

   (4)   The applicant or licensee has failed to report a transaction using forms required by this article and approved by the chief of police or has failed to pay the transaction fee required to be paid by section 7-100(c) at the time so required.

(Ord. No. 10254, § 7, 2-28-06; Ord. No. 10790, § 3, 5-18-10, eff. 7-1-10)