§ 21-41.03. Property holds by city; contested claims; possessory-interest hearings; releases.

(a)

Whenever the city's police department has placed a hold on property, the police department has not taken custody of the held property, the police department no longer requires the property hold for criminal proceedings, and the police department has actual knowledge that a person other than the licensee claims the right to possession of the held property, the following procedures shall apply:

(1)

The police department shall send a written notice to any person claiming the right to possession of the held property that the property is in the possession of the specified licensee, that the police department is releasing the property hold, that the release of the property hold is not a judicial determination as to whether the licensee or the claimant is entitled to possession of the property, and that the claimant may exercise any available civil remedies that the claimant has concerning possession of the property. Such notice shall be personally served on the claimant or sent by first-class mail to the claimant's last known address.

(2)

A copy of such notice, with the claimant's address deleted, shall be served on or sent by first-class mail to the licensee.

(b)

Whenever the city's police department has placed a hold on property, the police department has taken custody of the held property, the police department no longer requires the property for criminal proceedings, and the police department has actual knowledge that a person other than the licensee claims the right to possession of the held property, the following procedures shall apply:

(1)

The police department shall send a written notice to any person claiming the right to possession of the property that the property is in the possession of the police department and that the police department will release the property to the specified licensee if the claimant does not request a possessory-interest hearing before the city's hearing officer within thirty (30) days. Such notice shall be personally served on the claimant or sent by first-class mail to the claimant's last known address.

(2)

A copy of such notice, with the claimant's address deleted, shall be served on or sent by first-class mail to the licensee.

(3)

The claimant may request a possessory-interest hearing within thirty (30) days from the date on which the claimant is given the notice required by subsection (b) (1). The request shall be in writing, shall be filed with the city manager and shall set forth the basis for the claimant's right to possession of the property.

(4)

If a timely request for a hearing is filed, a hearing shall be conducted pursuant to subsections (c) and (d) at a time and place set by the hearing officer. Such hearing shall be in the nature of an interpleader action.

(5)

The hearing procedures set forth in this section shall not preclude either the licensee or the claimant from exercising any other civil remedies available to such parties. At any time that the hearing officer determines that the right to possession of the held property is subject to a pending court proceeding, the hearing officer shall enter an order releasing the property hold and shall abstain from any further proceedings under this section.

(c)

The city manager shall appoint a hearing officer to conduct hearings required by this section. The hearing officer shall not be a member of the city's police department. The only issue to be decided by the hearing officer is whether the licensee or the claimant has a right to immediate possession of the property upon its release from the police department. The hearing officer shall hear such testimony and consider such evidence as is relevant to the determination of such issue. The hearing officer shall not be bound by technical rules of evidence or procedure in conducting the hearing.

(d)

The hearing officer shall render a written decision within thirty (30) days after the hearing based on the evidence presented by the parties. A copy of the hearing officer's decision shall be sent to the police department. The decision of the hearing officer shall be final and subject to appeal to the superior court pursuant to Arizona Revised Statutes title 12, chapter 7, article 6. If no appeal is filed and served on the city within the time limits specified by law, the property shall be released in accordance with the hearing officer's decision. If the hearing officer's decision is timely appealed and served, the property shall continue to be held by the police department pending court order.

(Ord. No. 1919, § 1, 12-10-96)