2003-56 AMENDING CITY CODE CHAPTER 73 - OFFENSES - CHAPTER 34 - TRAFFIC

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(vi) I� after the hearing, the City's hearing of�icer 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 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 oi�cer 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 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 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. (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 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. This 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 admissble. 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, 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, deternunes that there is no such probable cause, the vehicle will be returned without penalty or other fees. (viii) Notwithstanding any other provisions of this Section, whenever a person with a lien of record against a vehicle impounded under this subsection has commenced foreclosure proceedings, possession of the vehicle shall be given to that person if he or she agrees in writing to refund to the City the net proceeds of any foreclosure sale, less any amounts necessary to pay all lien holders of record, up to the total amount of penalties and fees imposed elsewhere herein. (ix) Any motor vehicle impounded under this subsection that is not reclaimed within thirty (30) days after the expiration of the time during which the owner of record may seek judicial review of the City's action, or the time at which a final judgment is rendered in favor of the City, or the time a final administrative decision is rendered against an owner of record, may be disposed of as an unclaimed vehicle as provided by law.