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A. The owner of any vehicle that has been towed by the town, or the owner's agent, shall have the opportunity to request a hearing concerning the legality of the towing of the vehicle. Such request shall be made in writing within ten (10) days after the notice was sent by the town pursuant to section 42-4-1804(4), Colorado Revised Statutes, if the tow was made pursuant to section 7-3-2, "Unlawful Abandonment Of Vehicle On Public Property", of this chapter or within ten (10) days of the date of the tow, if the tow was made for any other reason. The tow hearing shall be conducted before a hearing officer appointed by the town manager, or before the municipal judge, within seventy two (72) hours (excluding Saturdays, Sundays and town holidays) of receipt of a written request for such hearing if the vehicle is still impounded when the request for the hearing is made, or within thirty (30) days of receipt of a written request for such hearing if the vehicle is not impounded when the request for the hearing is made, unless the person requesting the hearing waives the right to a speedy hearing. The sole issue before the hearing officer or municipal judge shall be whether there was reasonable grounds to impound the vehicle in question. "Reasonable grounds to impound" shall mean such a state of facts as would lead a person of ordinary care and prudence to believe that there was a sufficient breach of municipal, state or federal law to grant legal authority for the removal of the vehicle.

B. The hearing shall be conducted in an informal manner and shall not be governed by technical rules of evidence. The hearing may be conducted by telephone or other remote electronic means if so ordered by the hearing officer or the municipal judge. The person requesting the hearing shall carry the burden of establishing that such person has the right to possession of the vehicle. The Breckenridge police department shall carry the burden of establishing that there was reasonable grounds to impound the vehicle in question. The hearing officer or municipal judge shall only determine that, as to the vehicle in question, either: 1) there was reasonable grounds to impound the vehicle, or 2) there was not reasonable grounds to impound the vehicle. The decision of the hearing officer or municipal judge is final.

C. Upon a finding of no reasonable grounds, towing and storage fees shall be paid by the town in accordance with arrangements made between the town and the operator. If a bond was posted pursuant to subsection 7-3-5B of this chapter, said bond shall be returned to the person who posted the bond. If the vehicle is impounded and the owner of the vehicle or the owner's agent fails to claim the vehicle from the operator within six (6) hours of a finding of no reasonable grounds to tow, excluding such days when the operator is not open for business, the person who requested the hearing shall assume liability for all subsequent storage charges. Unless the owner of the vehicle was present at the hearing, it shall be the responsibility of the Breckenridge police department to notify the owner in writing of a finding of no reasonable grounds to tow immediately after such finding is made.

D. If reasonable grounds to tow are found, the owner of the vehicle may have the vehicle returned to him or her upon payment of the towing fees, all unpaid parking citations involving the vehicle (if any), accrued storage fees, and a reasonable administrative fee assessed by the town to offset the town's costs incurred in processing the towed vehicle.

E. Failure of the owner of the vehicle in question to request a hearing or attend a scheduled postseizure hearing shall be deemed a waiver of the right to such hearing. (Ord. 12, Series 2014)