Sec. 804.1106. - Hearing.

(a) If the owner of an impounded motor vehicle or his agent timely requests the release of the motor vehicle from impoundment and a hearing on the impoundment and charges, as provided in Section 804.1105 , a date shall be set, not more than ten days after the date of request, for the hearing. The General Counsel shall provide a hearing examiner to conduct the hearings required by this Section. (b) At the hearing, the owner, his agent or his attorney shall be afforded an opportunity to present, by oral testimony or documentary evidence, his objections to: (1) The impoundment of the motor vehicle. (2) (i) The amount of the towing and storage charges. (ii) His liability for the payment thereof. If the owner or his agent requests the hearing more than five days but not more than 40 days after the owner received a copy of the notice of impoundment, the owner, his agent or his attorney shall be required at the hearing, as a condition precedent to the presentation of any objections by the owner, to show good cause for the delay in making the request more than five days after the owner received a copy of the notice of impoundment. If good cause cannot be shown, the hearing examiner shall dismiss the hearing and make the finding stated in subsection (c)(2) of this Section; otherwise, the hearing examiner shall proceed to hear the owner's objections. (c) At the conclusion of the hearing on the owner's objections, the hearing examiner shall render his decision. If the hearing examiner: (1) Finds that the impoundment was improper, he shall: (i) Find that the owner is not liable for a towing or storage charges occasioned by the impoundment. (ii) Determine whether and to what extent the City shall bear the expense of the towing and storage charges. (2) Finds that the impoundment was proper, he shall establish: (i) The amount of the towing and storage charges to be assessed against the impounded motor vehicle. (ii) The extent of the liability of the owner for payment of the towing and storage charges so established. The decision of the hearing examiner shall be final, and a copy of the decision shall be furnished to the owner of the impounded motor vehicle, to the custodian of the place where the motor vehicle is stored and to the General Counsel. (Ord. 78-476-182, § 1; Ord. 78-1129-586, § 1; Ord. 83-591-400, § 1; Ord. 2007-2-E, § 2) Note— Former § 312.1106.