A. Unless otherwise provided, the procedure set forth in this section shall apply whenever a vessel or property has been impounded or removed or a nuisance abated pursuant to BMC 14.08.020 (Abatement) or the pre-impoundment hearing procedures under BMC 14.10.050 were not followed.

B. When a vessel or property poses a clear and present danger to the public health, safety or general welfare, notice shall be personally delivered or mailed to the owner of the vessel/property, if the name and location of the owner are known, within twenty-four (24) hours after the vessel’s impoundment, removal or abatement.

C. The owner of the vessel/property or person entitled to possession of the vessel or property has a right to a post-impoundment hearing if that person submits a written demand for a post-impoundment hearing to the port director within ten (10) calendar days after the city mailed the impoundment notice. The post-impoundment hearing shall be held within ten (10) calendar days after a written demand is timely submitted. The hearing officer shall be someone other than the persons who directed the impounding and storage of the vessel or property. The hearing officer shall conduct the hearing in an informal manner and shall not be bound by technical rules of evidence.

D. A post-impoundment hearing officer shall determine whether there was probable cause to impound the vessel or property. If the hearing officer determines that there was not probable cause to impound the vessel or property, the hearing officer shall require the release of the vessel or property to the owner without payment of the towing, storage or other accrued storage, impoundment, and abatement fees or the hearing officer will entitle the owner to a refund or reimbursement if the owner already paid the fees. If the hearing officer determines that there was probable cause for the impoundment of the vessel or property, the port director may proceed to dispose of the vessel or property as provided in this chapter.

E. Failure of the owner or person entitled to possession of the vessel or property to request or attend a post-impoundment hearing shall be deemed a waiver of the right to such hearing. [Ord. 17-11 § 2.]