§ 12-5-83. HEARING BEFORE A HEARING OFFICER REGARDING IMPOUNDMENT OR IMMOBILIZATION OF VEHICLE; ISSUANCE OF ORDER.

(A)

The only issue at a hearing held under this section is whether the vehicle may be impounded or immobilized under Section 12-5-81 ( Conditions Authorizing Immobilization or Impoundment; Notice Requirements ).

(B)

A person may request a hearing before a hearing officer to contest impoundment or immobilization of a vehicle.

(C)

A request for a hearing under this section must be submitted in writing to the municipal court clerk not later than the 20th business day after the date on the notice of impoundment or immobilization.

(D)

A failure to timely request or appear at a hearing under this section waives any objection to the proposed impoundment or immobilization of the vehicle.

(E)

The hearing officer shall issue an order of impoundment or immobilization if:

(1)

A person does not timely request a hearing under this section;

(2)

A person does not appear at a scheduled impoundment or immobilization hearing; or

(3)

A hearing officer determines at the hearing that the vehicle is subject to impoundment or immobilization.

(F)

An impoundment order and an immobilization order must include the information described in Subsection 12-5-82 ( Notice Requirements ).

(G)

If a hearing is requested and held, the hearing officer shall provide the signed order of immobilization or impoundment at the hearing or make arrangements at the hearing to have it mailed.

(H)

If a hearing is not requested, a signed order of immobilization or impoundment will be provided upon request and at no cost to a party to the case.

Source: Ord. 20090924-044.