§ 18-114. Probable cause hearing.

The owner or any other person entitled to claim possession of a vehicle towed pursuant to section 18-112 may request in writing a hearing to determine if probable cause existed for the towing. The request shall be filed with the county magistrates office. The magistrate shall set the hearing within 72 hours of receiving the request. The owner, the person who requested the hearing if someone other than the owner, the tower, and the county manager shall be notified of the time and place of the hearing. Any interested party may present evidence at the hearing. The county manager and the tower may submit an affidavit in lieu of appearing personally. If the magistrate finds that probable cause did exist, the county's lien continues. If the magistrate finds that probable cause did not exist, the county's lien is extinguished. An aggrieved party may appeal the magistrates determination to the county district court.

(Ord. of 11-1-1995, § 5.4, eff. 11-2-1995)