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<br />determine whether there was probable cause to <br />impound the vehicle if such person files a <br />written demand on the provided forms with the <br />Director of Public Safety within ten (10) days <br />after such person has learned that the vehicle <br />has been impounded or within ten (10) days <br />after the date of the mailing of the Notice of <br />Stored Vehicle, whichever occurs first. The <br />Notice of Stored Vehicle shall be sent by <br />first class mail to the legal and registered <br />owner or their agent and to the facility where <br />the vehicle is stored within forty-eight (48) <br />hours, excluding weekends and holidays, after <br />impounding of the vehicle. <br /> <br />(b) A hearing shall be conducted before a <br />hearing officer designated by the City <br />Administrator within forty-eight (48) hours, <br />excluding Saturday, Sunday, and holidays, of <br />receipt of the written demand for said hearing <br />unless such person waives the right to a speedy <br />hearing. The hearing office shall be someone other <br />than the person who directed the impounding and <br />storage of the vehicle. The sole issue before the <br />hearing officer shall be whether there was probable <br />cause to impound the vehicle in question. <br /> <br />'Probable cause to impound' shall mean such a <br />state of facts as would lead a person of ordinary <br />care and prudence to believe that there was <br />sufficient breach of local, state or federal law to <br />grant legal authority for the removal of the <br />vehicle. <br /> <br />The hearing officer shall conduct the hearing <br />in an informal manner and shall not be bound by <br />technical rules of evidence. The person demanding <br />the hearing shall carry the burden of establishing <br />that such person has the right to possession of the <br />vehicle. The police department shall carry the <br />burden of establishing that there was probable <br />cause to impound the vehicle in question. At the <br />conclusion of the hearing, the hearing officer <br />shall prepare a written decision. A copy of such <br />decision shall be provided to the person demanding <br />the hearing and the registered owner of the vehicle <br />(if not the person requesting the hearing). The <br />hearing officer's decision in no way affects any <br />criminal proceeding in connection with the impound <br />in question. Any criminal charges involved in such <br />proceeding may only be challenged in the <br />appropriate court. The decision of the hearing <br /> <br />4 <br />