§ 38-153. Petition for return of seized property.

(a)

Right to hearing. Any person from whom property is seized or removed as provided in sections 38-152, 38-157 and 38-158 may file a petition with the city council for a hearing and to seek the return of the property.

(b)

Petition for hearing. Any person seeking a hearing pursuant to this section must first file a petition with the city council within 20 days of the date of seizure, which shall contain the following information: name, address and phone number, and a reference to the date, time, the type of property, and the basis upon which the person seeks return of the property seized. Within 20 days of receiving the petition, the city council shall hold a hearing during either a regularly scheduled council meeting or special meeting held for such purpose.

(c)

Conduct of hearing. The city attorney shall present the case before the city council. All parties shall have an opportunity to present evidence involving the property that was seized. Formal rules of evidence shall not apply, but fundamental due process shall be observed during the proceedings. After considering all evidence, the city council shall have the power to return the property, deny the request or enter such other order as it deems appropriate.

(d)

Appeals. Any person appearing before the council pursuant to this section may appeal a final order of the council to the Fifth Judicial Circuit Court. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the council. An appeal shall be filed within 30 days of the date of the written order appealed from.

(Code 1961, § 15-49; Code 1985, § 13-8(l); Ord. No. 2405, § 1, 10-5-93; Ord. No. 2640, § 1, 8-27-96; Ord. No. 2772, § 2, 8-19-97)