§ 759-7. Answer to Notice; Hearings  


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  • (a) The owner of the impounded vehicle may admit that the commission of the offense by payment of the fine specified in § 1501-99 for a Class D Civil Offense, plus any and all accumulated towing and storage costs in accordance with § 513-7, and secure the immediate release of the impounded vehicle; or

    (b) A person served with notice of a violation of § 759-3 or § 759-4 may answer the charge in accordance with § 1501-15 and may request a hearing before a hearing examiner in accordance with § 1501-17. At the hearing, the city shall have the burden to show by a preponderance of the evidence that the vehicle was used in violation of § 759-3 or § 759-4. It shall be an affirmative defense to this charge if the vehicle owner is able to establish, by a preponderance of the evidence, that the vehicle was stolen at the time of the commission of the offense. For purposes of this chapter, "stolen" shall mean the trespassory taking and carrying away of the tangible personal property of another with the intent to permanently deprive.

    If the hearing examiner finds that the vehicle was subject to impoundment in violation of § 759-3 or § 759-4, then the hearing examiner may enter an order finding the person charged liable to the city for the fine specified in § 1501-99 for a Class D Civil Offense, plus any and all accumulated towing and storage costs in accordance with § 513-7.

    If the hearing examiner finds that the city did not meet its burden of proof as set forth in this section, that one of the exceptions of § 759-5(d) applies, or that the vehicle was stolen at the time it was impounded, the vehicle shall be returned to the owner along with any posted cash bond, costs or fees.

(Ordained by Ord. No. 330-2002, § 1, eff. Oct. 9, 2002; a. Ord. No. 451-2005, § 1, eff. Dec. 22, 2005)