§ 54-179. Petition to vacate hearing officer's final determination.

(a)

Time for filing. The registered owner of a motor vehicle impounded under this subdivision may file a petition to vacate a final determination of the hearing officer imposing an administrative fee. The petition shall be filed with the hearing officer within 14 days following:

(1)

The date of mailing of a default order to the registered owner of a motor vehicle; or

(2)

The hearing officer's determination of liability for the administrative fee, if the registered owner or lessee requested a hearing.

(b)

Content of petition. A petition to vacate a final determination of the hearing officer shall include:

(1)

The name and address of the registered owner to which the hearing officer's decision and any future notices are to be sent;

(2)

The registration number of the motor vehicle;

(3)

The specific grounds upon which the final determination is requested to be vacated; and

(4)

Any supporting documentation relied upon by the petitioner.

(c)

Grounds for petition. The grounds of the petition to set aside a determination shall be limited to the following:

(1)

The person owing the unpaid administrative fee was not the registered owner or lessee of the motor vehicle on the date of the offense;

(2)

The administrative fee was paid; or

(3)

An excusable failure to appear at or request a new date for a hearing.

(d)

Determination of hearing officer.

(1)

The hearing officer shall render a written decision within 14 days of the receipt of the petition to vacate a final determination. Upon rendering a decision upon a petition to vacate a final determination, the hearing officer shall send a copy of the written decision to the petitioner by first class United States mail, postage prepaid.

(2)

If the petition to vacate a final determination shows just cause, the hearing officer shall set aside the liability determination and also send a copy of the hearing officer's determination to the registered owner of the motor vehicle.

(3)

After a final determination of administrative fee liability has been set aside upon a showing of just cause, the owner of record or lessee, as the proper case may be, shall be provided with a hearing to determine the liability for the payment of the administrative fee.

(4)

The hearing officer's written decision shall specify the time and date of and the location at which a hearing contesting the liability for the payment of the administrative fee shall be held.

(Ord. No. 2011-42, § 2(18-317), 8-8-2011)