(A) A vehicle may be released to the owner or other person entitled to possession only upon proof of ownership or right to possession. The owner of a motor vehicle which has been impounded pursuant to this section, or other person entitled to possession, may challenge the validity of such impoundment and request in writing a hearing before the City Council. The hearing shall be conducted within ten (10) 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 such delay. The city 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 seventy-five dollars ($75.00), 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 seventy-two (72) hours of the date the request for hearing is received, unless such person requests or agrees to a continuance. No less than five (5) 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 seventy-two (72) hours of the date of the request as provided in this division, then 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. 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 validity of the impoundment. At the hearing, after consideration of the evidence, the City Council 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 by the City Council. 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 City Council shall uphold the impoundment and condition the release of the vehicle upon payment of all fines and fees.
(B) An appeal from the City Council determination may be made to the District Court of Carter County within seven (7) days of the City Council’s determination. The appeal shall be initiated by the filing of a complaint and a copy of the City Council’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 Council 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 local government 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. The judgment of the District Court may be appealed to the Circuit Court in accordance with the Rules of Civil Procedure.
(Ord. 2-2007, passed 5-14-07; Am. Ord. 04-2009, passed 7-30-09)