[HISTORY: Adopted by the Municipal Council of the Borough
of Hawthorne 10-16-1996 by Ord. No. 1653 (Ch. 209 of the 1989
Code). Amendments noted where applicable.]
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.
A.
A hearing shall be conducted before a hearing officer designated
by the Borough Administrator within 48 hours of receipt of a written
demand therefor from the person seeking the hearing, unless such person
waives the right to a speedy hearing. Saturdays, Sundays and state
holidays are to be excluded from the calculation of the forty-eight-hour
period. The hearing officer shall be someone other than the person
who directed the impounding and storage of the vehicle. The sole question
before the hearing officer shall be whether there was probable cause
to impound the vehicle in question. The phrase "probable cause to
impound" shall mean that there was sufficient breach of local, state
or federal law to grant legal authority for the removal of the vehicle.
B.
The hearing officer 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 Borough
shall carry the burden of establishing that there was probable cause
to impound the vehicle in question. At the conclusion of the hearing,
the hearing officer shall prepare a written decision. A copy of such
decision shall be provided to the person demanding the hearing and
the registered owner of the vehicle (if not the person requesting
the hearing). The hearing officer's decision in no way affects
any criminal or motor vehicle charges involved in such proceeding
and may only be challenged in the appropriate court. The decision
of the hearing officer is final. Failure of the registered or legal
owner or his agent to request a hearing within the provisions of this
section or to attend a scheduled post-seizure hearing shall be deemed
a waiver of the right to such hearing.
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.
