(a) The owner of a motor vehicle which has been impounded for parking violations 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 Lexington-Fayette Urban County Government Parking Citation Enforcement Hearing Board. 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 urban county government shows good cause for such delay. The urban county government 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 one hundred fifty dollars ($150.00), 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.
(b) No less than five (5) days prior to the date set for the hearing, the urban county government 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 section, the person requesting the hearing shall be informed at the time of his request, or as soon thereafter as practicable, of the date, time and place 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 Lexington-Fayette Urban County Government Parking Citation Enforcement 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 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, said bond shall be forfeited to the urban county government. 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 urban county government. The Lexington-Fayette Urban County Government Parking Citation Enforcement Hearing Board shall furnish the owner or person appearing on the owner's behalf with a copy of its order.
(e) The Lexington-Fayette Urban County Government Parking Citation Enforcement 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.
(Ord. No. 188-2003, § 6, 7-10-03)