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2012-32 AMENDING CITY CODE - CHAPTER 34 - TRAFFIC AND PARKING
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2012-32 AMENDING CITY CODE - CHAPTER 34 - TRAFFIC AND PARKING
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8/25/2015 11:53:23 AM
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Resolution/Ordinance
Res Ord Num
2012-32
Res Ord Title
AMENDING CITY CODE - CHAPTER 34 - TRAFFIC AND PARKING
Department
Legal
Approved Date
5/7/2012
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any vehicle shall be a debt due and owed to the City and may be enforced and collected as <br /> provided by law. <br /> (vii) In addition to the hearing provided for in the immediately preceding subsections <br /> hereof, every owner who has his or her vehicle impounded for a violation of Section 10 of <br /> Chapter 73 of the City Code or Sections 37 (M) through 37 (W) inclusive of this Chapter shall be <br /> entitled to a probable cause hearing before a police shift commander, or his designee, on the <br /> question of whether the vehicle was used in violation of said provision. This hearing must be <br /> requested, in writing, within twenty four (24) hours of the impoundment of the vehicle, and the <br /> hearing shall be held within three (3) days of receipt of such request by the City, excluding <br /> Saturdays, Sundays and holidays. The formal rules of evidence shall not apply at said hearing <br /> and hearsay evidence shall be admissible. If, after the hearing, the police shift commander, or <br /> his designee, determines that there is probable cause to believe that the vehicle was used in the <br /> commission of a violation of Section 10 of Chapter 73 of the City Code or Sections 37 (M) <br /> through 37 (W) inclusive of this Chapter, he shall order the continued impoundment of the <br /> vehicle unless the owner of the vehicle posts a cash bond with the City in the amount of Two <br /> Hundred Fifty Dollars ($250.00). If the police shift commander, or his designee, determines that <br /> there is no such probable cause, the vehicle will be returned without penalty or other fees. <br /> (viii) Notwithstanding any other provisions of this Section, whenever a person with a <br /> lien of record against a vehicle impounded under this subsection has commenced foreclosure <br /> proceedings, possession of the vehicle shall be given to that person if he or she agrees in writing <br /> to refund to the City the net proceeds of any foreclosure sale, less any amounts necessary to pay <br /> all lien holders of record, up to the total amount of penalties and fees imposed elsewhere herein. <br />
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