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 West Palm Beach
 Code of Ordinances
 Chapter 54. OFFENSES
 Article VI. VEHICLE IMPOUNDMENT

  § 54-202. Hearings; administrative penalty.  

Latest version.

  • (a)

    If the owner of the motor vehicle or his agent or authorized representative has made a written request for a preliminary hearing then:

    (1)

    The city shall hold such hearing within 48 hours of receipt of the written request, excluding Saturdays, Sundays, and legal holidays, before a special magistrate or alternate special magistrate of the city. At the hearing the city shall have the burden to show that there is probable cause, to believe that the motor vehicle is subject to impoundment and continued seizure under section 54-201. The formal rules of evidence shall not apply at the hearing and hearsay evidence is admissible.

    (2)

    If after the hearing the special magistrate or alternate special magistrate determines that there is probable cause to believe that the motor vehicle is subject to impoundment and continued seizure, he shall order the continued impoundment of the vehicle, unless the vehicle owner or his agent or authorized representative pays the city an administrative civil penalty of $500.00 plus the towing and storage costs, or posts with the city a bond in the form of a money order or a certified check in the amount of $500.00 plus the accumulated costs of towing and storing the vehicle. If after the hearing there is a finding of no probable cause, the vehicle shall be released forthwith to the owner or his agent or authorized representative without the imposition of penalties or fees.

    (b)

    Within ten days of the date that the motor vehicle is seized and impounded pursuant to section 54-201 and whether or not a preliminary hearing is requested, the city shall notify by certified mail, return receipt requested, the vehicle owner of record of the date, time, and location of a final hearing to be conducted pursuant to this section. The final hearing shall be scheduled and held, unless waived by the vehicle owner or continued by order of the special magistrate or alternate special magistrate, no later than 45 days after the date that the vehicle was seized and impounded. The formal rules of evidence will not apply at the final hearing. The city shall have the burden to show by a preponderance of the evidence that the vehicle was used as set forth in section 54-201(a)(1)—(3). If, after the hearing a finding is made that the vehicle is subject to impoundment and seizure pursuant to section 54-201, and that none of the exceptions set forth in subsection 54-201(c) apply, then the special magistrate or alternate special magistrate of the city shall enter an order finding the owner of record of the vehicle civilly liable to the city for an administrative penalty of $500.00, 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 54-201(d) apply, the vehicle shall be returned to the owner along with any bond posted.

(Code 1979, § 20-161; Ord. No. 4505-14, § 1, 2-3-2014)