§ 86-95. Conduct of impoundment hearing; burden of proof.

(a)

An impoundment hearing shall be conducted before a hearing officer designated by the mayor within 48 hours of the owner's request therefor, excluding Saturdays, Sundays and holidays.

(b)

The hearing officer shall not be a law enforcement officer. The hearing officer shall set a time for the hearing at the convenience of both the owner and the police department witnesses or parking systems.

(c)

The sole question before the hearing officer shall be whether or not there was probable cause to immobilize or impound the vehicle for any violation of section 86-91. The hearing officer shall determine whether or not facts exist providing by a preponderance of all the evidence that the city is justified in holding the vehicle under impoundment.

(d)

In the case of immobilization for outstanding parking citations, the question before the hearing officer shall be limited to whether or not at the time of the immobilization there were three or more outstanding citations for unlawful parking involving the impounded vehicle.

(e)

The hearing officer shall conduct the hearing in an informal manner and not be bound by technical rules of evidence. At the conclusion of the hearing, the hearing officer shall announce the decision orally to the parties. Upon the request of either party, the decision shall be reduced to writing and a copy of it provided each party within a reasonable time after the hearing. The decision of the hearing officer shall be final.

(f)

If the hearing officer determines that there was no probable cause, all charges for immobilization, towing and impoundment shall be paid by the city and the bond fund for immobilization, towing and impoundment shall be returned to the depositor. If the hearing officer finds probable cause, the immobilization, towing and impoundment charges shall be satisfied out of the bond fund.

(Code 1979, § 19-102.3)