§ 19-380. Hearings.

(a)

The administrator or his designate shall act as the hearing officer and conduct post-deprivation hearings for persons whose vehicles have been booted or towed under this article.

(b)

Hearings shall be conducted on a first-come, first-served basis without the necessity of a prior appointment in the office of the municipal court administrator from 8:00 a.m. to 5:00 p.m., Monday through Friday, city-observed holidays excepted, and at such additional times, if any, as the administrator may specify.

(c)

The applicant may secure release of the vehicle pending the hearing by making an appearance on the unresolved parking citations.

(d)

Reserved.

(e)

The only issues before the hearing officer will be whether or not the vehicle was a delinquent vehicle owned by the person designated on the delinquent vehicle list at the time it was booted or towed under this article and whether the city has complied with this article in placing it on the delinquent vehicle list and causing it to be booted or towed, or both. The hearing officer shall have no authority to adjudicate any unresolved parking citation. The hearing officer may consider any competent evidence, including, but not limited to, public records and testimony from the applicant and city employees. The applicant may be represented by legal counsel and may cross-examine any witness presented by the city. Each applicant must appear at the hearing and shall be subject to examination on any matter relevant to the issues before the hearing officer. The hearing officer shall announce and record his decision within one (1) hour following the conclusion of the hearing.

(f)

If the hearing officer determines that the vehicle was not a delinquent vehicle owned by the person designated on the delinquent vehicle list at the time it was booted or towed under this article or that the city has not complied with this article in placing it on the delinquent vehicle list and causing it to be booted or towed, or both, then the vehicle shall be ordered released without payment of the fees prescribed in section 19-379. A daily storage fee assessed by the private storage and towing company shall be paid in accordance with article III of chapter 32 of this Code of Ordinances.

(g)

A hearing under this section shall be requested before the sixth day following the initial booting or towing of the vehicle by the city. A hearing requested thereafter will be granted if the city has not disposed of the vehicle, provided the owner must pay the daily storage fee for each day after the sixth day until the vehicle is reclaimed, regardless of the hearing officer's determination.

(h)

In any instance in which a vehicle has been towed to a vehicle storage facility not owned by the city, then the applicant may alternatively request a hearing under Vernon's Ann. Civ. St. art. 6701g—3, before the municipal court in the time and manner provided by art. 6701g—3. Except for a proceeding filed under art. 6701g—3 relating to a vehicle which has actually been towed to a vehicle storage facility not owned by the city, the judges of the municipal court shall have no authority to adjudicate any fee imposed under section 19-379, or to order any release of a vehicle without payment of applicable fees, or to order a refund of applicable fees.

(Ord. No. 89-48, § 3, 3-20-88; Ord. No. 2018-O-084 , § 2, 6-4-18)