Hearings, administrative civil penalty

(a)

The owner of the motor vehicle, or his/her agent or authorized representative shall make a written request for a preliminary hearing within five days from the date notice is received then:

(1)

The city shall hold such hearings before a special master or alternate special master of the city within ten days of receipt of the written request, excluding Saturdays, Sundays, and legal holidays.

(2)

At the hearing, the city shall have the burden to show that probable cause exists to believe that the motor vehicle is subject to impoundment and continued seizure under section 42-121. If the vehicle owner raises as a defense at the preliminary hearing that he/she was unaware that the vehicle was being used or was likely to be used in violation of this article, the city shall establish by a preponderance of the evidence that the owner either knew, or should have known after a reasonable inquiry, that the vehicle was being used or was likely to be used in criminal activity.

(3)

The formal rules of evidence shall not apply at the hearing and hearsay and circumstantial evidence is admissible.

(4)

If, after the hearing, the special master or alternate special master determines that probable cause exists to believe that the motor vehicle is subject to impoundment and continued seizure, he/she shall order the continued impoundment of the vehicle and set the date for a final hearing. The owner or his/her agent or authorized representative, if he/she has not already done so, may immediately retrieve the vehicle from the towing facility upon the posting with the city of a cash bond in the amount of $500.00, plus the accumulated costs of towing and storing the vehicle, without impairing the right to a final hearing.

(5)

If, after the hearing, there is a finding of no probable cause, the vehicle shall be released forthwith to the owner or his/her agent or authorized representative without the imposition of the administrative civil penalty. If the owner, agent or authorized representative has already posted a bond for the immediate release of his/her vehicle, the bond shall be refunded to the owner, agent or authorized representative.

(b)

The final hearing shall be scheduled and held, unless continued by order of the special master or alternate special master, no later than 30 days after the date that the vehicle was seized and impounded. At the final hearing, the city shall have the burden to show by clear and convincing evidence that the vehicle was used as set forth in subsections 42-121(a)(1) through (5). If the owner of the vehicle asserts as a defense that he/she was not aware that the vehicle was being used or was likely to be used in violation of this article, the city shall establish by a preponderance of the evidence that the owner either knew, or should have known after a reasonable inquiry, that the vehicle was being used or was likely to be used in violation of this article. If, after the hearing, a finding is made that the vehicle is subject to impoundment and seizure then the special master or alternate special master of the city shall enter an order finding the owner of record of the vehicle civilly liable to the city for an administrative civil penalty of up to $500.00, as outlined in subsection 42-121(b)(2), plus towing and storage costs. If, after the hearing, a finding is made that the city did not meet its burden of proof as set forth in this subsection or that one of the exceptions of subsection 42-121(d) applies, the vehicle shall be returned to the owner along with any cash bond posted.

(Ord. No. 11445, § 2, 2-20-97; Ord. No. 11592, § 1, 1-13-97; Ord. No. 11621, § 2, 3-10-98; Ord. No. 11700, § 2, 9-28-98; Ord. No. 13088, § 2, 9-24-09; Ord. No. 13142, § 11, 2-11-10; Ord. No. 13146, § 2, 3-11-10)