Vehicles impounded by the City shall be redeemed only under the following circumstances:
a. Only the registered owner or other person entitled to possession based on proof of ownership or right to possession may redeem an impounded vehicle. A person redeeming an impounded vehicle must produce a valid driver’s license. Impounded vehicles will be kept at a designated police storage facility and shall be release in accordance with Bowling Green Policy and Procedures Manual regarding release of evidence.
b. Any person redeeming a vehicle courtesy towed by the City shall adhere to the towing contractor’s policy regarding release of vehicles and pay the towing contractor for costs of towing prior to redeeming the vehicle.
c. The owner or other person entitled to possession of a vehicle which has been towed may challenge the validity of such authorized towing by requesting in writing a hearing before the Code Enforcement and Nuisance Board. The City shall retain possession of the vehicle pending the hearing unless the owner or other person claiming right of possession posts a bond or other security in a form satisfactory to the City and in an amount equal to the fines and fees accrued as of the date of the hearing request or seventy-five ($75.00) dollars, whichever is less.
d. The hearing shall be conducted within ten (10) working days of the date of the request unless the owner or other person entitled to possession waives the limitation or the City shows good cause for such delay. If the owner or person claiming possession is unable to pay the amount of the bond, the hearing shall be held within seventy-two (72) hours of the date of the request for hearing is received, unless such person requests or agrees to a continuance. No less than five (5) days prior to the date set for hearing, the Board shall notify the person requesting the hearing of the date, time and place of the hearing. In the case of a hearing required to be held within seventy-two (72) hours, the person requesting the hearing shall be informed at the time of his request or as soon thereafter as is practicable of the date and time of the hearing. Any person requesting a hearing who refuses or, except for good cause, fails to appear at the time and place set for the hearing shall be deemed to have conceded on his and the owner’s behalf the validity of the authorized towing.
e. At the hearing after consideration of the evidence, the Board shall determine whether the towing was valid and reasonable. Where it is not established that the towing was justified, an order releasing the vehicle shall be entered. All fines and fees paid or amounts posted as bond because of the towing shall be returned. Where it is established that the towing was justified, the Board shall uphold the authorized towing and condition the release of the vehicle upon the payment of all fines and fees accruing thereto. If bond has been posted as security for release of the vehicle, the bond shall be forfeited to the City. Any fines or fees in excess of the amount of the bond posted shall be ordered to be paid by the owner of the vehicle to the City. A copy of such order shall be furnished to the owner or person appearing on behalf of the owner. The Board may consider the parking citation and any other written report made under oath by the officer who issued the citation in lieu of the officer’s personal appearance at the hearing.
f. An appeal from the Board’s determination may be made to the Warren District Court within seven (7) days of the Board’s written order. The appeal shall be initiated by the filing of a complaint and a copy of the Board’s order in the same manner as any civil action under the Rules of Civil Procedure. If the Court finds that the authorized towing was justified, the owner shall be ordered to pay to the City all fines, fees and penalties occurring as of the date of the judgment.
g. The City shall possess a lien on a vehicle towed for all fines, penalties and fees imposed thereon. Such lien shall be superior to and have priority over all other liens except the towing company for its towing charges and any person who claims a security interest on the vehicle. All vehicles towed at the request of the City for violations of this Chapter shall be towed by companies approved by the City and stored at the location of the towing company.
h. Vehicles courtesy towed are stored by the towing contractor and may be disposed by their policies and guidelines.
(Ord. BG2001-46, 10/16/2001; Ord. BG2010-39, 12/21/2010; Ord. BG2019-53, 12/17/2019)