§ 26-266. Hearing.

(a)

The presiding judge of the municipal courts department shall designate one or more persons to act as adjudication hearing officers to conduct post-deprivation hearings for persons whose vehicles have been booted or towed under this article.

(b)

Hearings shall be conducted on a first-come, first-served basis without the necessity of a prior appointment. The hours when hearings will be conducted and the place or places where they will be conducted shall be established by the presiding judge of the municipal courts department, provided that hearings shall be conducted at least between 9:00 a.m. and 6:00 p.m., on Mondays through Fridays, city observed holidays excepted.

(c)

The applicant may secure release of the vehicle pending the hearing by making an appearance on the unresolved parking citations and posting a bond for the administrative and boot fees prescribed in section 26-265 of this Code, as applicable. If a bond is posted then a hearing may then be scheduled for a date and time certain, and the vehicle shall be released. If the vehicle has been towed, then the applicant shall also be required to post a bond for the towing/storage fees or to make payment of the towing/storage fees to the city's contractor, as applicable, subject to reimbursement as provided in subsection (f), below.

(d)

The adjudication hearing officer shall be a person who is not associated with the maintenance of the delinquent vehicle list, nor shall the adjudication hearing officer hear any appeal in which he has personally participated in any decision relating to the booting or towing of the vehicle.

(e)

The only issues before the adjudication hearing officer will be whether or not the vehicle was a delinquent vehicle owned by the person designated on the delinquent vehicle list at the time it was booted or towed under this article and whether the city has complied with this article in placing it on the delinquent vehicle list and causing it to be booted or towed, or both. The adjudication hearing officer shall have no authority to adjudicate any unresolved parking citation. The adjudication hearing officer may consider any competent evidence, including, but not limited to, public records and testimony from the applicant and city employees. The applicant may be represented by legal counsel and may cross-examine any witness presented by the city. Each applicant must appear at the hearing and shall be subject to examination on any matter relevant to the issues before the adjudication hearing officer. The adjudication hearing officer shall announce and record his decision within one hour following the conclusion of the hearing.

(f)

If the adjudication hearing officer determines that the vehicle was not a delinquent vehicle owned by the person designated on the delinquent vehicle list at the time it was booted or towed under this article, or that the city has not complied with this article in placing the vehicle on the delinquent vehicle list and causing it to be booted or towed, or both, then the vehicle shall be ordered released without payment of the fees prescribed in section 26-265 of this Code. Vehicle storage and related fees shall be payable for each twenty-four-hour period or portion thereof that a towed vehicle remains in storage after the adjudication hearing officer orders its release if not reclaimed within 24 hours after the adjudication hearing officer orders its release. If a bond had been posted for the administrative, boot, or towing/storage fees prescribed in section 26-265 of this Code, the bond shall be ordered to be refunded to the applicant. Furthermore, the city shall reimburse the applicant for any towing/storage fees that the applicant may have paid to a city contractor in order to secure release of the vehicle if those fees have been directly incurred by the applicant.

(g)

A hearing under this section must be requested within ten days after the initial booting or towing of the vehicle by the city. A hearing requested thereafter will be granted if the city has not disposed of the vehicle, provided the owner must pay the vehicle storage and related fees for each day after the tenth day until the vehicle is reclaimed, regardless of the adjudication hearing officer's determination.

(h)

In any instance in which a vehicle has been towed to a vehicle storage facility not owned by the city, then the applicant may alternatively request a hearing under Section 2308.452 of the Texas Occupations Code, before the justice court in the time and manner provided by Section 2308.456 of the Texas Occupations Code. The justices of the justice courts and the judges of the municipal courts shall have no authority to adjudicate any fee imposed under section 26-265 of this Code, or to order any release of a vehicle without payment of applicable fees, or to order a refund of applicable fees.

(Ord. No. 07-464, § 7(Exh. B), 4-11-07; Ord. No. 2010-846, § 12, 11-3-2010; Ord. No. 2011-1175, §§ 20—22, 12-14-2011)