2009-34 AMENDING CITY CODE - CHAPTER 34 - TRAFFIC

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seven (7) days and not more than thirty (30) days after notice thereof is mailed. All interested persons shall be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence shall not apply and hearsay evidence shall be admissible. The hearing shall be open to the public and a court reporter shall transcribe the proceedings. (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(t) 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 contract; 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(t) inclusive of this Chapter, or that the vehicle was stolen prior thereto, he shall enter an order dismissing the proceedings and the vehicle or cash bond shall be returned without payment or deduction for 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. (vii) In addition to the hearing provided for in the immediately preceding subsections hereof, every owner who has his or her vehicle impounded for a violation of Section 10 of Chapter 73 of the City Code or Sections 37(m) through Wit) inclusive of this Chapter shall be entitled to a probable cause hearing before a police shift commander, or his designee, on the question of whether the vehicle was used in violation of said provision. The hearing must be requested, in writing, within twenty-four (24) hours of the impoundment of the vehicle, and the hearing shall be held within three (3) days of receipt of such request by the City, excluding Saturdays, Sundays and holidays. The formal rules of evidence shall not apply at said hearing and hearsay evidence shall be admissible. If, after the hearing, the police shift commander, or his designee, determines that there is probable cause to believe that the vehicle was used in the commission of a violation of Section 10 of Chapter 73 of the City Code or Sections 37(m) through 37(t) inclusive of this Chapter, he shall order the continued impoundment of the vehicle unless the owner of the vehicle posts a cash bond with the City in the amount of Two Hundred Fifty Dollars ($250.00). If the police shift commander, or his designee, determines that there is no such probable cause, the vehicle will be returned without penalty or other fees.