(A) The owner of a motor vehicle which has been impounded pursuant to this subsection, or other person entitled to possession, may challenge the validity of such impoundment and may request in writing a hearing before the Parking Violation Hearing Officer. 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 county establishes good cause for such delay. The county 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 as of the date of the hearing request, or $75 whichever is less. If the owner or other 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) No less than five days prior to the date set for hearing, the county shall notify the person requesting the hearing of the date, time, and place of the hearing. In the case of hearing required to be held within 72 hours of the date of the request provided in subsection (A) above, 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.
(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 and the owner's behalf the validity of the impoundment.
(D) At the hearing, after consideration of the evidence, the Hearing Officer 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 Officer shall uphold the impoundment and condition the release of the vehicle upon the 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 county. All 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 county. The Hearing Officer shall furnish the owner or person appearing on the owner's behalf with a copy of its order.
(E) The Hearing Officer 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 Officer's determination may be made to the Kenton District Court within seven days of the Hearing Officer's determination. The appeal shall be initiated by the filing of a complaint and a copy of the Hearing Officer's order in the same manner as any civil action. The action shall be tried de novo and the burden shall be on the county to establish that the 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 the judgment. If the court finds that the impoundment was not justified, the county shall be ordered to release the vehicle, if applicable, and to return all fines and fees paid as a result of the impoundment.
(G) The judgment of the District Court may be appealed to the Circuit Court in accordance with the Rules of Civil Procedure.
(Ord. 531.69, passed 12-23-97)