(A) The owner of a motor vehicle which has been impounded pursuant to this chapter or other person entitled to possession, may challenge the validity of such impoundment and request in writing a hearing before the Parking Violation Appeals Board. The hearing shall be conducted within. The meeting shall be held on the last Thursday of each month at 2:00 p.m. and will be held at the Elsmere City Building. The city, or its contractor, shall retain possession of the 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 $75 whichever is less. If the owner or person claiming possession of the vehicle is unable to pay the amount of the bond, the hearing shall be held within 72 hours of the date the request for hearing is received, unless the person requests or agrees to a continuance.
(B) The city shall notify the person requesting the hearing of the date, time, and place of the hearing no less than five days before the hearing. In the case of a hearing required to be held within 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 except for good cause fails to appear at the time and place set for the hearing shall be deemed to have conceded on his or her and the owner's behalf the validity of the impoundment.
(D) At the hearing, after consideration of the evidence, the Board shall determine whether the impoundment was valid and reasonable. Where it has not been established that the impoundment was justified, an order releasing the vehicle shall be entered. Where it has been , established that the impoundment was justified, the Board shall uphold the impoundment and condition the release of the vehicle upon payment of all fines and fees accruing thereto. 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 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 Kenton District Court within seven days of the Board's determination. 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. The action shall be tried de novo and the burden shall be on the city to establish that impoundment was justified. If the court finds that the impoundment was justified, the owner shall be ordered to pay all fees and fines accruing as of the date of judgment. If the court finds that the impoundment was not justified, the city shall be ordered to release the vehicle, if applicable, and to return all fines and fees paid as a result of the impoundment and the plaintiff shall be authorized to recover his or her costs.
(G) The judgment of the District Court may be appealed to Kenton Circuit Court in accordance with the rules of civil procedure.
(Ord. 1649-2012, passed 12-11-12; Am. Ord. 1745-2018, passed 3-13-18)