A. Except as provided in BMC 14.08.010, the owner of a vessel or person entitled to possession of the vessel has the right to a pre-impoundment administrative hearing to determine whether there is probable cause to impound the vessel if the owner or person entitled to possession of the vessel files a written demand for a hearing with the port director within ten (10) calendar days of the notice required by this section being mailed.

B. At least ten (10) calendar days prior to impounding any vessel or property, the city shall cause to be posted on the vessel or property, in the port director’s office, the city clerk’s office and on the bulletin board at the entrance of the United States post office notice of such action to be taken by the city. A copy of the notice shall be mailed to the owner, master or registered agent of the vessel at their last known address.

C. Pre-Impoundment Administrative Hearing. As to any vessel or property proposed for impoundment pursuant to this chapter by or at the request of the city, its agents or employees, a person in lawful possession of the vessel or property has the right to a pre-impoundment administrative hearing to determine whether there is probable cause to impound the vessel or property if such person files a written demand, on forms so provided for such a hearing, with the city within ten (10) calendar days after such person has learned or reasonably should have learned such vessel or property will be impounded or within ten (10) calendar days after the mailing of the notice required by BMC 14.08.040, whichever occurs first (1st).

D. Conduct of Hearing. A hearing shall be conducted before a hearing officer within seven (7) calendar days of receipt of a written demand therefor from the person seeking the hearing unless such person waives the right to a speedy hearing. The hearing officer shall be someone other than the person who will direct the impounding and storage of the vessel or property. The sole issue before the hearing officer shall be whether there is probable cause to impound the vessel or property in question. “Probable cause 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 breach of local, municipal, state, or federal law or regulations rendering the vessel or property subject to impoundment. 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 vessel or property. The port director shall carry the burden of establishing that there is probable cause to impound the vessel or property in question. At the conclusion of the hearing, the hearing officer shall prepare a written decision. A copy of such decision and the reasons therefor shall be provided to the person demanding the hearing and the owner of vessel or property if such owner is not the person requesting the hearing. The hearing officer’s decision in no way affects any civil proceeding in connection with the impoundment in question and any civil charges involved in such proceeding may only be challenged in the appropriate court. The decision of the hearing officer is final. Failure of the owner, operator, master, or managing agent to request or attend a scheduled pre-impoundment hearing shall be deemed a waiver of the right to such hearing.

E. Determination of Probable Cause. The hearing officer shall only determine that as to the vessel or property in question either that there is probable cause to impound the vessel/property or that there is no such probable cause. In the event that the hearing officer determines that there is no probable cause, the hearing officer shall prepare and date a certificate of no probable cause, copies of which shall be given to the owner, operator, master or managing agent and to the port director. In the event that the hearing officer determines that there is probable cause, the hearing officer shall prepare and date a certificate of probable cause, copies of which shall be given to the owner, operator, master or managing agent and the port director. Upon receipt of such certificate of probable cause, the port director may proceed with impoundment and disposition of the vessel or property by removal, sale, or destruction as authorized by this chapter. [Ord. 17-11 § 2.]