(A) Pursuant to KRS 82.625, the city may impound a motor vehicle parked, stopped or standing upon a street or public way within its jurisdiction in violation of an ordinance or statute prohibiting parking, stopping or standing in the location, manner or at the time the vehicle is cited or for any other lawful reason.
(B) Pursuant to KRS 82.625, in addition to the fines levied for the parking or traffic offense, the city shall impose reasonable towing, handling and storage charges upon any vehicle that is impounded pursuant to division (A). In addition to the towing fees, the city shall charge an administrative holding fee of 30% of the towing costs, plus any preliminary sale advertising expenses, and a storage fee of $25 per day for the first 14 days and $15 per day for each day thereafter for each vehicle until redeemed. In the event the condition of the vehicle or circumstances of the tow requires the employment of extraordinary services or equipment, the reasonable charges of the towing operator, as approved by the Police Chief, for such shall be added to the fee.
(C) Pursuant to KRS 82.625, the release of an impounded vehicle shall be conditioned upon the payment of the towing, handling and storage charges imposed thereon, unless the owner or other person entitled to possession challenges the validity of the impoundment pursuant to division (D) of this section. A vehicle may be released to the owner or other person entitled to possession only upon proof of ownership or right to possession and proof of current, valid insurance. The city may require reasonable security, bond or other assurances of indemnification from a person who is not the registered owner of the vehicle prior to releasing the vehicle to that person.
(D) Pursuant to KRS 82.625, the owner or other person entitled to possession may challenge the validity of the impoundment and request in writing a hearing before the Hearing Board created under § 72.60 by filing a request with the City Clerk within the timeframe provided by § 72.65. The hearing shall be conducted within ten business 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 the delay. The city, or its contracted agents who have possession of the vehicle, 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.
(E) (1) Pursuant to KRS 82.625, not less than five days prior to the date set for the hearing, the city 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 72 hours of the date of the request as provided in division (D) of this section, 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.
(2) Pursuant to KRS 82.625, 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.
(3) Pursuant to KRS 82.625, at the hearing, after consideration of the evidence, the Hearing 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. All fines and fees paid or amounts posted as bond because of the impoundment of the vehicle shall be returned. Where it has been established that the impoundment was justified, the Hearing Board shall uphold the impoundment and condition the release of the vehicle upon 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. The Hearing Board shall furnish the owner or person appearing on the owner’s behalf with a copy of its order.
(4) Pursuant to KRS 82.625, the Hearing 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.
(5) Pursuant to KRS 82.625, an appeal from the Hearing Board’s determination may be made to the Kenton District Court within seven days of the Hearing Board’s determination. The appeal shall be initiated by the filing of a complaint and a copy of the Hearing 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 costs.
(6) Pursuant to KRS 82.625, the judgment of the District Court may be appealed to the Circuit Court in accordance with the Rules of Civil Procedure.
(Ord. 2011-04, passed 2-21-11)