2012-83 AMENDING CITY CODE - CHAPTER 34 - TRAFFIC AND PARKING

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rules of evidence shall not apply and hearsay evidence shall be admissible. The hearing shall be open to the public and recorded. (vi) If, after the hearing, the City's hearing officer determines by a preponderance of the evidence that the vehicle was used in the commission of a violation of Section 10 of Chapter 73 of the City Code or in violation of Sections 37 (M)through 37 (W) inclusive of this Chapter and was not stolen prior to said violation, he shall enter an order requiring the vehicle to continue to be impounded until the owner thereof pays the penalty and fees imposed hereby if the vehicle is still in the custody of the City or its contractor; if a bond had been posted and the owner has possession of the vehicle, the hearing officer shall enter an order deducting the appropriate penalty from the cash bond that was posted. If, after said hearing,the City's hearing officer determines by a preponderance of the evidence that the vehicle was not used in the commission of a violation of Section 10 of Chapter 73 of the City Code or a violation of Sections 37 (M) through 37 (W) inclusive of this Chapter, or that the vehicle was stolen prior thereto, said hearing officer shall enter an order dismissing the proceedings and the vehicle or cash bond shall be returned without payment or deduction of any penalty and any towing or storage fees paid by the owner shall be reimbursed by the City. Any penalty imposed hereby on the owner of record of any vehicle shall be a debt due and owed to the City and may be enforced and collected as provided by law.