Within ten (10) days after a vehicle is impounded pursuant to this chapter, the city shall notify by certified mail, return receipt requested, the owner of record of the date, time, and location of a posttow hearing that will be conducted, pursuant to this section. The hearing shall be conducted by a hearing officer designated by the city administrator. All interested persons shall be given a reasonable opportunity to be heard at the hearing. At any time prior to the hearing date, the hearing officer may, at the request of either party, direct witnesses to appear and give testimony at the hearing. The formal rules of evidence will not apply at the hearing, and hearsay evidence shall be admissible only if it is the type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
If, after the posttow hearing, the hearing officer determines, by a preponderance of the evidence, that the vehicle was used in connection with a violation set forth in this chapter, the hearing officer shall enter an order finding the owner of record of the vehicle civilly liable to the city for an administrative fee as provided in section 5-5-5 of this chapter and requiring the vehicle to continue to be impounded until the owner pays the administrative fee to the city plus fees to the tower for the towing and storage of the vehicle. If the owner of record fails to appear at the hearing, the hearing officer shall enter a default order in favor of the city. If the hearing officer finds no such violation occurred, the hearing officer shall order the immediate return of the owner's vehicle or cash bond without fees. The decision of the hearing officer shall be subject to judicial review in the manner provided by law. (Ord. 2898, 12-1-2014)