§ 110-3-5. Appeals.

Any person aggrieved by a decision of the Chief of Police or the Impoundment Officer that a motor vehicle, trailer, or semitrailer is inoperative or is otherwise being kept in violation of Section 110-3-1 may appeal such decision to the County Executive or his designee by filing a notice of appeal with the Office of the County Executive within ten (10) days of receipt of the decision. Such notice of appeal shall state in writing:

(1)

The order, requirement, decision or determination which is the subject of the appeal;

(2)

The date upon which the decision was made; and

(3)

The reason(s) for the appeal.

An appeal under this Section shall stay enforcement until after the appeal has been heard by the County Executive or his designee.

At a hearing under this Section, the aggrieved person shall have the right to appear and present written statements, documents, photographs, oral testimony and other evidence, but there shall be no formal rules of evidence or procedure required for the conduct of the hearing.

Hearings shall be conducted by the County Executive or his designee, who shall determine by a preponderance of the evidence whether there is probable cause to believe that the subject vehicle is inoperative or is otherwise being kept in violation of Section 110-3-1. The County Executive or his designee shall state his findings in writing and shall order the case dismissed, or order the immediate removal of the subject vehicle, or grant a reasonable time for compliance with this Chapter, as in his discretion the case may require. (20-85-110; 25-87-110.)