As to any vehicle impounded pursuant to the Borough of Hawthorne
Code or to state statute, by or at the request of the Borough of Hawthorne,
its agents or employees, a person who has a legal entitlement to possession
of the vehicle has a right to a post-seizure administrative hearing
to determine whether there was a probable cause to impound the vehicle,
if such person files a written demand with the Borough Administrator
of the Borough of Hawthorne within 10 days after the mailing of the
notice of the stored vehicle, whichever occurs first. The notice of
stored vehicle shall be sent in the mail to the legal and registered
owner and to the garage where the vehicle is stored within 48 hours,
excluding weekends and holidays, after impounding and storage of the
vehicle.
The hearing officer shall only determine that, as to the vehicle
in issue, either there was probable cause to impound the vehicle or
there was no such probable cause. In the event that the hearing officer
determines that there was no probable cause, the hearing officer shall
prepare and date a certificate of no probable cause, copies of which
shall be given to the possessor (owner or other person entitled to
possession) of the vehicle and the Borough of Hawthorne. Upon receipt
of the possessor's copy of such certificate, the custodian, towing
company, or such, of the vehicle shall release the vehicle to its
possessor. Upon a finding of no probable cause, towing and storage
fees shall be paid by the Borough. If the possessor fails to present
such certificate to the person having custody of the vehicle within
24 hours of its receipt, excluding such days when the custodian of
the vehicle is not open for business, the possessor shall assume liability
for all subsequent storage charges. Such certificate shall advise
the possessor of such requirement.