Pomona Municipal Code § 14-145 Decisions of hearing officer

Footnotes:

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Cross reference— Administrative hearing, § 2-1188.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Impound means to seize or otherwise secure possession, custody, or control of a vehicle.

Possessor means the person entitled to possession of a vehicle, whether by ownership or some other entitlement.

(Code 1959, § 22-60; Ord. No. 2919A, § 1 (part))

Cross reference— Definitions generally, § 1-2.

As to any vehicle impounded by or at the request of the police department, the possessor of the vehicle has a right to an administrative hearing to determine whether there was probable cause to impound the vehicle.

(Code 1959, § 22-61; Ord. No. 2919A, § 1 (part))

(a) The following notice shall be given to possessors of vehicles in the manner set forth in subsection (b) of this section:

"ATTENTION. As vehicle owners or other persons entitled to possession of impounded vehicles, you have the following options:

A. You may recover possession of your vehicle by paying to the garage having custody of your vehicle the towing and any storage fees that may have accrued.

B. If you take issue with the impoundment of your vehicle, you may:

1. Recover possession of your vehicle by paying the towing and storage fees that have accrued to such garage and file a claim for damages with the City Clerk of the City of Pomona in accordance with the procedures provided by law.

2. Within five (5) days of this notice demand that the Police Department provide an administrative hearing before a hearing officer as to whether there was a sufficient factual and legal basis for impounding your vehicle. Such hearing will be held within twenty-four (24) hours after the filing of your written demand with the Chief of Police. A determination that there was an insufficient factual or legal basis for impounding your vehicle will require the City of Pomona to pay the towing fee and the fee for storage.

C. This notice has been given pursuant to Article IV, Division 2, of Chapter 14 of the Code of the City of Pomona."

(b) The notice set forth in subsection (a) of this section shall be printed on 8½-inch by 5½-inch paper in type no smaller than ten point, which paper shall be given to persons inquiring into the whereabouts of or attempting to recover vehicles. The notice also shall appear on clearly visible signs located at all garages and police facilities where persons might reasonably be expected to inquire into the whereabouts of or attempt to recover their vehicles. Such signs shall be printed in letters no smaller than 18 point News Gothic bold type.

(Code 1959, § 22-62; Ord. No. 2919A, § 1 (part))

The hearing held pursuant to this division is to be conducted before the chief of police, as the hearing officer, within 24 hours of the filing with the chief of police of a written demand therefor. Saturdays, Sundays, and holidays are to be excluded from the calculation of the 24-hour period. The sole issue before the hearing officer shall be whether there was probable cause to impound the vehicle in question. The hearing officer shall conduct the hearing in an informal fashion and shall not be bound by technical rules of evidence. The police department shall carry the burden of establishing that there was probable cause to impound the vehicle in question. The person demanding the hearing shall carry the burden of establishing that such person is the possessor of the vehicle. At the conclusion of the hearing, the hearing officer shall prepare a written summary of facts found, arguments presented, and reasons for such officer's decision. A copy of such summary shall be sent to both the possessor of the vehicle and the city attorney.

(Code 1959, § 22-63; Ord. No. 2919A, § 1 (part))

Under this division the hearing officer shall only determine that, as to the vehicle in issue, either (i) there was probable cause to impound the vehicle or (ii) there was no such probable cause. If the hearing officer determines that there was no probable cause, the hearing officer, in addition to preparing the summary mentioned in section 14-144, shall sign and date a certificate of no probable cause, copies of which shall be given to the possessor of the vehicle and the city attorney. Upon receipt of the possessor's copy of such certificate, the garage in possession of the vehicle shall release the vehicle to the possessor of the vehicle upon payment of fees for storage beyond the day of the hearing. Towing fees and fees for storage up to and including the day of the hearing shall be paid by the city.

(Code 1959, § 22-64; Ord. No. 2919A, § 1 (part))