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2009-34 AMENDING CITY CODE - CHAPTER 34 - TRAFFIC
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2009-34 AMENDING CITY CODE - CHAPTER 34 - TRAFFIC
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8/28/2015 4:28:00 PM
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Resolution/Ordinance
Res Ord Num
2009-34
Res Ord Title
AMENDING CITY CODE - CHAPTER 34 - TRAFFIC
Department
Legal
Approved Date
5/4/2009
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officer for the City designated by the City Manager. The notification shall also <br /> explain the vehicle owner's right to a probable cause hearing with respect to the <br /> alleged violation, as provided in subsection (vii) hereof. <br /> (v) A hearing shall be scheduled and held, unless continued by order of the <br /> City's hearing officer, on designated Tuesdays of each month. The hearing shall <br /> be scheduled not less than seven (7) days and not more than thirty (30) days after <br /> notice thereof is mailed. All interested persons shall be given a reasonable <br /> opportunity to be heard at the hearing. The formal rules of evidence shall not <br /> apply and hearsay evidence shall be admissible. The hearing shall be open to the <br /> public and a court reporter shall transcribe the proceedings. <br /> (vi) If, after the hearing, the City's hearing officer determines by a <br /> preponderance of the evidence that the vehicle was used in the commission of a <br /> violation of Section 10 of Chapter 73 of the City Code or in violation of Sections <br /> 37(m) through 37(t) inclusive of this Chapter and was not stolen prior to said <br /> violation, he shall enter an order requiring the vehicle to continue to be <br /> impounded until the owner thereof pays the penalty and fees imposed hereby if <br /> the vehicle is still in the custody of the City or its contract; if a bond had been <br /> posted and the owner has possession of the vehicle, the hearing officer shall enter <br /> an order deducting the appropriate penalty from the cash bond that was posted. If, <br /> after said hearing, the City's hearing officer determines by a preponderance of the <br /> evidence that the vehicle was not used in the commission of a violation of Section <br /> 10 of Chapter 73, or a violation of Sections 37(m) through 37(t) inclusive of this <br /> Chapter or that the vehicle was stolen prior thereto, he shall enter an order <br /> dismissing the proceedings and the vehicle or cash bond shall be returned without <br /> payment or deduction for any penalty and any towing or storage fees paid by the <br /> owner shall be reimbursed by the City. Any penalty imposed hereby on the <br /> owner of record of any vehicle shall be a debt due and owed to the City and may <br /> be enforced and collected as provided by law. <br /> (vii) In addition to the hearing provided for in the immediately preceding <br /> subsections hereof, every owner who has his or her vehicle impounded for a <br /> violation of Section 10 of Chapter 73 of the City Code or Sections 37(m) through <br /> 37(t) inclusive of this Chapter shall be entitled to a probable cause hearing <br /> before a police shift commander, or his designee, on the question of whether the <br /> vehicle was used in violation of said provision. The hearing must be requested, <br /> in writing, within twenty-four (24) hours of the impoundment of the vehicle, and <br /> the hearing shall be held within three (3) days of receipt of such request by the <br /> City, excluding Saturdays, Sundays and holidays. The formal rules of evidence <br /> shall not apply at said hearing and hearsay evidence shall be admissible. If, after <br /> the hearing, the police shift commander, or his designee, determines that there is <br /> probable cause to believe that the vehicle was used in the commission of a <br /> violation of Section 10 of Chapter 73 of the City Code or Sections 37(m) through <br />
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