Anyone who has any interest in anything removed and impounded pursuant to the provisions of this subchapter may request an administrative hearing and review to challenge and dispute the validity of the alleged violation according to the following procedure therefor:
(A) Within thirty (30) consecutive calendar days after the removal and impoundment, there shall be personally delivered to the city clerk, during regular business hours, a written request for an administrative hearing by the administrative officer. The request shall include the ownership or possessor interest of the applicant, and his name, address and telephone number.
(B) Immediately upon receipt of a hearing request, the city clerk shall schedule the requested hearing and provide the administrative officer and the applicant with a written notice of the time, date and place, which shall be no later than fourteen (14) nor earlier than three (3) calendar days after receipt of the hearing request, unless the applicant agrees in writing to a specific later time therefor.
(C) At the hearing, the administrative officer shall conduct a due process hearing to determine from the evidence presented if there were any violations of this subchapter, and whether the removal and impoundment conform to the provisions hereof. The proceedings in the due process hearing shall be recorded, and the administrative officer shall issue a written decision, with his reasoning immediately thereafter. A copy shall be provided to the applicant.
(D) Pursuant to KRS 24A.010, the district court is hereby authorized to adjudicate the decision of the administrative officer, through an original action by anybody who has any ownership or possessory interest in that which was removed and impounded. The action shall be filed within fourteen (14) consecutive calendar days after the decision of the administrative officer with a certified copy of this subchapter, the decision of the city administrative officer, and the record of the due process hearing filed simultaneously with the initiation or commencement of the action.
(Ord. 1993-10, passed 12-13-93)