(a) The registered owner of the vehicle which has been impounded or immobilized for parking violations pursuant to this article, or other person entitled to release or possession of said vehicle, may challenge the validity of such impoundment or immobilization and request in writing a hearing before the Aurora parking and traffic bureau. The hearing shall be conducted within ten business days of the date of the request, unless the owner or other person entitled to release or possession waives the limitation or the city shows good cause for such delay. The city shall retain possession of the vehicle pending the hearing, unless the owner or other person claiming right of possession posts a cash bond in an amount equal to the civil penalties and fees accrued as of the date of the hearing request. If the owner or person claiming possession of the vehicle is unable to pay the amount of the cash bond, the hearing shall be held within 72 hours of the date the request for hearing is received, unless such person requests or agrees to a continuance.

(b) No less than seven days prior to the date set for the hearing, the city shall notify the person requesting the hearing of the date, time and place of the hearing. In the case of a hearing required to be held within 72 hours of the date of the request as provided in this section, the person requesting the hearing shall be informed at the time of his request, or as soon thereafter as practicable, of the date, time and place of the hearing.

(c) Any person who refuses or, except for good cause, fails to appear at the time and place set for the hearing shall be deemed to have conceded on his and the owner's behalf the validity of the impoundment.

(d) As used in this section, the term "authority to impound" means such a state of facts as would lead a person of ordinary care and prudence to believe that the police officer or parking enforcement officer who ordered the towing or removal of the vehicle had legal authority to order such towing or removal.

(e) The Aurora parking and traffic bureau shall conduct the hearing in an informal manner and shall not be bound by technical rules of evidence. The person demanding the hearing shall carry the burden of establishing that such person has the right to possession of the vehicle. The director of public works or designee shall carry the burden of establishing that there was authority to impound the vehicle. The burden of proof, for each issue, shall be by a preponderance of the evidence.

(f) At the hearing, after consideration of the evidence, the Aurora parking and traffic bureau shall determine whether the impoundment or immobilization was valid and reasonable. Where it has not been established that the impoundment or immobilization was justified, an order releasing the vehicle shall be entered. All fines and fees paid or amounts posted as cash bond because of the impoundment or immobilization of the vehicle shall be returned. Where it has been established that the impoundment or immobilization was justified, the Aurora parking and traffic bureau shall uphold the impoundment or immobilization and condition the release of the vehicle upon payment of all civil penalties and fees accruing thereto. Any fines or fees in excess of the amount of the cash bond posted shall be ordered to be paid by the registered owner of the vehicle or person contesting the validity of the impoundment or immobilization to the City. The Aurora parking and traffic bureau shall make a determination at the hearing and furnish a copy of its orders to the parties involved.

(g) The Aurora parking and traffic bureau may consider the parking citations and any other written report made by the issuing police officers or parking enforcement officers in lieu of the officer's personal appearance at the hearing.

(h) All determinations made by the Aurora parking and traffic bureau regarding impoundment and immobilization shall be final. (Ord. No. 2016-34, § 16, 8-8-2016)