(A) The owner of a motor vehicle that has been impounded or immobilized pursuant to this subchapter or other person entitled to possession of the vehicle may challenge the validity of such impoundment or immobilization and request in writing a hearing before the Parking Violation Hearing Board. The hearing shall be conducted within ten (10) business days from 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. The city or its designee shall retain possession of an impounded vehicle pending the hearing, unless the owner or other person claiming right of possession posts a bond in an amount equal to the fines and fees accrued as of the date of the hearing request, or seventy-five dollars ($75.00), whichever is less. If the owner or person claiming possession of the impounded vehicle is unable to pay the amount of the bond, the hearing shall be held within seventy-two (72) hours of the date the request for hearing is received, unless such person requests or agrees to a continuance.
(B) No less than five (5) days prior to the date set for the 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 of the date of the request as provided in division (A) above, the person requesting the hearing shall be informed at the time of his or her request, or as soon thereafter as is practicable, of the date and time of the hearing.
(C) Any person who refuses or fails to appear at the time and place set for the hearing, unless he or she has good cause for failure to do so, shall be deemed to have conceded to the validity of the impoundment or immobilization on his, her, or the owner’s behalf.
(D) At the hearing, after consideration of the evidence, the Board shall determine whether the impoundment or immobilization was valid and reasonable. If the Board determines that the impoundment or immobilization was not justified, it shall enter an order releasing the vehicle. All fines and fees paid or amounts posted as bond because of the impoundment of a vehicle shall be returned and the owner shall not be responsible for any fees owed to a designated towing company. If the Board determines that the impoundment or immobilization was justified, the Board shall uphold the impoundment or immobilization and condition the release of the vehicle upon payment of all fines and fees accruing thereon. If a bond has been posted as security for release of the vehicle, the bond shall be forfeited to the city or its designee. All 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. The Board shall furnish the owner or person appearing on the owner’s behalf with a copy of its order.
(E) The Board may consider a parking citation and any other written report made under oath by the issuing citation officer in lieu of the officer’s personal appearance at the hearing.
(F) An appeal from the Hearing Board’s determination may be made to the Campbell County District Court within seven (7) days after the date of the Board’s determination. The appeal shall be initiated by the filing a complaint and a copy of the Board’s order in the same manner as any civil action brought under the rules of civil procedure. The action shall be tried de novo and the burden of proof shall be upon the city to establish that a violation occurred. If the Court finds that a violation occurred, the owner shall be ordered to pay to the city all fines, fees, and penalties occurring as of the date of the judgment. If the Court finds that a violation did not occur, the city shall be ordered to dismiss the citation and the plaintiff shall be authorized to recover his or her costs.
(G) The judgment of the county’s District Court may be appealed to the county’s Circuit Court in accordance with the rules of civil procedure.
(Ord. 2022-24, passed 11-1-22)