(A) If there is a dispute regarding the ownership or release of property, the City or claimant/respondent shall send a request to the City Municipal Court for a hearing to be conducted to determine ownership or appropriate release of the property as provided in this section.

(B) All parties known to be claiming an ownership interest in the property shall be given notice by the court of the hearing date by first class mail postage prepaid. Service shall be considered complete upon mailing to the address provided by the claimants or the last known address on file with the Police Department.

(C) Any person claiming an interest in the property shall be known as a respondent, and the City shall be known as the petitioner.

(D) All respondents are required to bring or file with the court an original and one copy of all documentary evidence, and all correspondence and other documents exchanged with any insurance carrier or other person regarding reimbursement for the property.

(E) Both the petitioner and respondent shall have the right to appear at the hearing and present evidence in support of their claim to the property or basis to decline release.

(F) The failure of a respondent to appear at the hearing shall constitute a waiver of any and all claim(s) to the property by such person against the City, and shall cause and authorize the court to enter a ruling consistent therewith.

(G) The hearing shall be informal. The rules of evidence shall not apply to the hearing and decisions shall be based upon the preponderance of the evidence. The Municipal Court may allow testimony to be given orally or through sworn written affidavits.

(H) The court’s decision shall be issued within 10 calendar days of the close of the record. The decision shall be in writing, and shall be mailed first class mail, postage prepaid, to each respondent or claimant appearing. The decision of the court shall be final upon issuance.

(I) Prior to receiving possession of the subject property, the prevailing claimant shall be required to provide a copy of the decision and appropriate identification to the Police Department Property Custodian, and may be required to pay all costs of publication, if any.

(J) Any property not claimed by the prevailing party within 30 days from the date the court issued its decision shall become the property of the City, without the necessity of further court proceedings. (Ord. 10-1212, passed 4-26-10; Am. Ord. 13-1280, passed 1-14-2013)