A. The registered owner of a motor vehicle impounded under this chapter may file a petition to vacate a final determination of the hearing officer imposing an administrative fee. The petition shall be filed with the hearing officer within fourteen (14) days following:
1. The date of mailing of a default order to the registered owner of a motor vehicle; or
2. The hearing officer's determination of liability for the administrative fee, if the registered owner or lessee requested a hearing.
B. A petition to vacate a final determination of the hearing officer shall include:
1. The name and address of the registered owner to which the hearing officer's decision and any future notices are to be sent;
2. The registration number of the motor vehicle;
3. The specific grounds upon which the final determination is requested to be vacated; and
4. Any supporting documentation relied upon by the petitioner.
C. The grounds of the petition to set aside a determination shall be limited to the following:
1. The person owing the unpaid administrative fee was not the registered owner or lessee of the motor vehicle on the date of the offense;
2. The administrative fee was paid; or
3. An excusable failure to appear at or request a new date for a hearing.
D. The hearing officer shall render a written decision within fourteen (14) days of the receipt of the petition to vacate a final determination. Upon rendering a decision upon a petition to vacate a final determination, the hearing officer shall send a copy of the written decision to the petitioner by first class United States mail, postage prepaid. If the petition to vacate a final determination shows just cause, the hearing officer shall set aside the liability determination and also send a copy of the hearing officer's determination to the registered owner of the motor vehicle. After a final determination of administrative fee liability has been set aside upon a showing of just cause, the owner of record or lessee, as the proper case may be, shall be provided with a hearing to determine the liability for the payment of the administrative fee. The hearing officer's written decision shall specify the time and date of and the location at which a hearing contesting the liability for the payment of the administrative fee shall be held. (Ord. 13-13, 7-2-2013)