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2003-56 AMENDING CITY CODE CHAPTER 73 - OFFENSES - CHAPTER 34 - TRAFFIC
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2003-56 AMENDING CITY CODE CHAPTER 73 - OFFENSES - CHAPTER 34 - TRAFFIC
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1/28/2016 1:46:38 PM
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Resolution/Ordinance
Res Ord Num
2003-56
Res Ord Title
AMENDING CITY CODE CHAPTER 73 - OFFENSES - CHAPTER 34 - TRAFFIC
Approved Date
9/15/2003
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�vil If after the heaxing, the City's hearin� officer determines bv 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 Citv Code and was not stolen prior to said <br /> violation, he shall enter an order requirin� the vehicle to continue to be impounded <br /> until the owner thereof�avs the penaltv imposed herebv if the vehicle is still in the <br /> custodv of the Citv or its contractor� if a bond had been posted and the owner has <br /> possession of the vehicle the hearing officer shall enter an order deductin� the <br /> appronriate penal� from the cash bond that was posted. If, after said hearin�, the <br /> Citv's hearing officer determines by a pre�onderance of the evidence that the vehicle <br /> was not used in the commission of a violation of Section 10 of Chapter 73 of the Citv <br /> Code or that the vehicle was stolen prior thereto. he sha11 enter an order dismissin�the <br /> proceedin�s and the vehicle or cash bond shall be returned without navment or <br /> deduction of an�nenaltv and anv towing or stora eg fees paid bv the owner shall be <br /> reimbursed bv the City Any nenaltv im�osed hereby on the owner of record of any <br /> vehicle shall be a debt due and owed to the Citv and mav be enforced and collected as <br /> provided bv law. <br /> (vii) In addition to the hearing�provided for in the immediately <br /> precedin� subsections hereof every owner who has his or her vehicle impounded for a <br /> violation of Section 10 of Chapter 73 of the Citv Code shall be entitled to a probable <br /> cause hearing before a police shift commander or his desi�nee, on the question of <br /> whether the vehicle was used in violation of said provision. This hearing must be <br /> requested in writin� within twentv four (24) hours of the impoundment of the vehicle, <br /> and the hearin� shall be held within three (3) davs of receipt of such reauest bv the <br /> City excluding, Saturdavs Sundavs and holidavs. The formal rules of evidence shall <br /> not applv at said hearin� and hearsay evidence shall be admissible. If, after the hearin�. <br /> the police shift commander or his desi�nee, deternvnes that there is probable cause to <br /> believe that the vehicle was used in the commission of a violation of Section 10 of <br /> Chapter 73 of the Citv Code he sha11 order the continued impoundment of the vehicle <br /> 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 desi�nee' <br /> determines that there is no such probable cause, the vehicle will be returned without <br /> penalty or other fees. <br /> �vui) Notwithstandin�anX other provisions of this Section, whenever a <br /> person with a lien of record a�ainst a vehicle impounded under this subsection has <br /> commenced foreclosure proceedings possession of the vehicle shall be given to that <br /> person if he or she agxees in writin� to refund to the City the net proceeds of any <br /> foreclosure sale less anv amounts necessary to pav all lien holders of record, up to the <br /> total amount of penalties and fees imposed elsewhere herein. <br /> �ix) Any motor vehicle impounded under this subsection that is not <br /> reclaimed within thirty (302 davs after the expiration of the time durin� which the <br /> owner of record mav seek judicial review of the City's actioa or the time at which a <br /> final iud�ment is rendered in favor of the City or the time a final administrative <br />
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