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 Federal Heights
 Code of Ordinances
 Chapter 58. TRAFFIC AND VEHICLES
 Article V. ABANDONED VEHICLES

  § 58-84. Hearing.  

Latest version.

  • (a)

    Any hearing requested under this article shall be conducted before the municipal judge or a hearing officer appointed by the municipal judge, within 72 hours (excluding Saturdays, Sundays and city holidays) of receipt of a written demand for such hearing, unless the person requesting the hearing waives the right to a speedy hearing. The sole issue before the municipal judge or hearing officer shall be whether there was probable cause to impound the vehicle. In this section the term "probable cause to impound" means a state of facts to allow a person of ordinary care and prudence to believe that there was a sufficient breach of municipal, state or federal laws, rules or regulations to grant legal authority for the removal of the vehicle.

    (b)

    The hearing shall be conducted in an informal manner and shall not be governed by the formal rules of evidence. The person demanding the hearing shall have the burden of establishing that such person has the right to possession of the vehicle. The police department shall have the burden of establishing that there was probable cause to impound the vehicle. The municipal judge or hearing officer shall only determine that either there was probable cause to impound the vehicle, or there was not probable cause to impound the vehicle. The decision of the municipal judge or hearing officer shall be a final judgment.

    (c)

    Upon a finding of no probable cause, towing and storage fees shall be paid by the city in accordance with arrangements made between the city and the operator. If the possessor of the vehicle fails to claim the vehicle from the operator within 24 hours of a finding of no probable cause, excluding hours when the operator is not open for business, the possessor shall assume liability for all subsequent storage charges. It shall be the responsibility of the police department to notify the operator in writing of a finding of no probable cause within one working day after such finding is made.

    (d)

    Failure of the owner of the vehicle:

    (1)

    To request a hearing in writing to the police department within ten days of the postmarked date of service of the notice; or

    (2)

    To attend a scheduled post-seizure hearing

    shall be deemed a waiver of the right to such hearing.

(Ord. No. 04-09, § 9(5-9-20), 8-17-2004)