A. Any peace officer of the Phoenix Police Department may seize the property from the regulated business or other person in possession of the property upon the hearing officer’s order that a respondent or claimant other than the regulated business or other person has the greater claim to possession of the property.
B. A receipt identifying the property, the peace officer involved in the seizure, and the date of the seizure shall be given to any regulated business or other person from whom property is seized pursuant to this section.
C. The property, upon its seizure by the Police Department pursuant to this section, will be given to the respondent or claimant prevailing at the hearing unless the property is required to be retained by the Police Department for use in any legal proceeding. At the expiration of any such legal proceeding the property shall then be given to the prevailing respondent or claimant.
D. No property seized by the Police Department pursuant to this section may be given to the prevailing respondent or claimant until the expiration of 20 calendar days after the issuance of the hearing officer’s decision.
E. The respondent or claimant prevailing at the hearing may be required to sign a receipt for any property returned to that person pursuant to this section.
F. Notwithstanding any other provision of this chapter, a regulated business may not dispose of any property that has been made the subject of a decision by the hearing officer pursuant to this article, except as ordered by a court, the hearing officer, or any peace officer. (Ord. No. G-3813, § 1; Ord. No. G-5619, 2011)