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. A vehicle impounded for reasons of unpaid parking citations should only be released upon proof that all penalties, fines or forfeitures currently owed by the registered owner have been satisfied by full payment.
(B) Any person redeeming a vehicle impounded by the city shall pay the towing contractor for costs of towing and impoundment prior to redeeming the vehicle.
(C) The owner or other person entitled to possession of a vehicle which has been impounded may challenge the validity of such impoundment by requesting in writing a hearing before the Code Enforcement Board.
(D) The hearing shall be conducted at the next regularly scheduled Code Enforcement Board hearing date. Not less than ten 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. 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 impoundment.
(E) At the hearing after consideration of the evidence, the Board shall determine whether the impoundment was valid and reasonable. Where it is not established that the impoundment was justified, an order to that effect shall be entered, and all fines and fees paid because of the impoundment shall be returned. Where it is established that the impoundment was justified, the Board shall uphold the impoundment and enter an order establishing all fines and fees. 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 Simpson District Court within 30 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 impoundment 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 impounded 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) If within ten business days of impoundment a vehicle has not been claimed or a hearing has not been requested, a notice shall be mailed by certified mail to the registered owner, if known, and lienholders of record, affording such parties the right within ten days from the date of the notice to claim the vehicle or request a hearing. The notice shall state that, if no hearing is requested, the vehicle shall be deemed abandoned unless the charges thereon are paid within 45 days ofreceipt of the notice. After 45 days from the date of the receipt of the notice, the vehicle shall be deemed abandoned and the vehicle escheat to the city. If the vehicle is judged suitable for use, the city may obtain a certificate ofregistration and ownership from the Simpson County Clerk pursuant to KRS 186.020 and either use the vehicle for governmental purposes or sell the vehicle in accordance with the applicable city policies or ordinances regarding disposition of surplus property. If the vehicle is not suitable for use, it may be sold for its scrap or junk value. Nothing in these provisions shall otherwise affect the rights or obligations between the owner of the motor vehicle and those persons who claim a security interest therein.
(Ord. 2019-020, passed 9-9-2019)