2017-09 Amending City Code Chapter 34 - Traffic

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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 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 LV-W) inclusive of this Chapter,he shall order the continued impoundment of the vehicle unless the owner, lessee or lienholder 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 designee, determines 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 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. (x) Fees for towing and storage of a vehicle under this subsection shall be the same as those charged per the applicable contract for towing service with the City in effect at the time of the violation. C. The provisions of this subse fie shall be ., ,.1;,.able to yehi lremo 1 Yuasuuua.w Svvtavaa 37 (K)and Seetions 37 (M) thr-ough 37(W) inelusive of this Chapter! (i) Th F ,1 F d the 1 t; �iTY II�OTTTLTOS i e:"9i cr6rn-rir6iC��@`1�E�E4.i�@cr��3�a-c@=vT6-nzcr6n 6f Seetion 10 of Chapter 73 of the City Code or-Seetions 37 (M) through 376 (W) inelusive, eft-this Ghapter-shall be subjeet to h said vehiele impounded and shall also be liable to the eity fef a .,,miflist..,,tiye fire of T-3, ... u„na..oa Fifty Dell s ($250.00), addition to the payment of any fes f ,..., the t ;.., and storage of the uuit ia,hi .lo to the appropriate Cit.,towing, .tetr-aet„« (Amended, Or-difianee 2014-3 1, My 7, 2014) (Ameadea Ofdifianee 2014- -0-, August 4-20I4)