(A) Impoundment. Metro Government may impound a motor vehicle used in furtherance of a violation of the provisions of § 131.12(C) according to the provisions of this chapter.
(B) Impoundment period and release. Any motor vehicle impounded under this section shall be held for a minimum of 72 hours. After 72 hours, and before the expiration of the appeal period contained in § 131.15(C), Louisville Metro may release the motor vehicle to the owner or other person entitled to possession under the following conditions:
(1) Payment of the citation amount in full; and
(2) Payment of all abatement expenses incurred by Louisville Metro Government for the removal of the graffiti at issue; and
(3) Payment of all towing, handling, impoundment and storage charges imposed.
(C) Appeal of vehicle impoundment to Code Enforcement Board.
(1) Within ten days of the impoundment of a motor vehicle, any person against whom a citation has been issued and/or the owner of a motor vehicle that 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 Code Enforcement Board. 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 Metro Government shows good cause for such delay. Metro 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 $1,000, whichever is less.
(2) No less than five days prior to the date set for the hearing, Metro Government shall notify the person requesting the hearing of the date, time, and place of the hearing.
(3) 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.
(4) At the hearing, after consideration of the evidence, the Code Enforcement 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 set out in § 131.15(B). If bond has been posted as security for release of the vehicle, said bond shall be forfeited to Metro 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 Metro Government. The Code Enforcement Board shall furnish the owner or person appearing on the owner's behalf with a copy of its order.
(5) Any person appealing the impoundment of a motor vehicle pursuant to this Chapter, who also seeks to appeal a citation issued in conjunction with such impoundment, shall proceed pursuant to the appeals process set forth in § 131.15(C)(1). Both the Citation and Impoundment Appeal shall be heard within the same hearing and shall require a separate finding and final order of the Code Board as to each matter.
(D) Additional requirements for release of a motor vehicle. Before the release of a motor vehicle pursuant to § 131.15
(B) or (C) the owner or other person entitled to possession, must establish proof of ownership or right to possession and the meeting of all other provisions of the Vehicle Impoundment Division of the Louisville Metro Government. Metro Government 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 such person.
(E) Appeal from Hearing Board to District Court.
(1) An appeal from the Code Enforcement Board's determination may be made to the Civil Division of Jefferson District Court within 30 days of the Board's determination. 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. The action shall be tried de novo and the burden shall be on Metro Government 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, Metro Government shall be ordered to release the vehicle, if applicable, and to return all fines and fees paid as a result of the impoundment.
(2) The judgment of the Jefferson District Court may be appealed to the Jefferson Circuit Court, in accordance with the Rules of Civil Procedure.
(F) Impoundment; response to notice required. If a hearing has not been requested pursuant to § 131.15
(C), and a motor vehicle impounded by Metro Government has not been claimed, notice shall be mailed by certified mail to the registered owner, if known, and lien holders of record, if any, affording the parties the right within ten days from the date of notice to claim the vehicle or request a hearing pursuant to KRS 82.625. 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 of the certified mailing of the notice.
(G) Impoundment; escheat to Metro Government if no response to notice.
(1) After 45 days from the date of impoundment, if no appeal is filed, or if an appeal is filed, 45 days from the date of a final order of the last presiding administrative body or court with jurisdiction, an impounded motor vehicle shall be deemed abandoned and the vehicle shall escheat to Metro Government.
(2) If the vehicle is judged suitable for use, Metro Government may obtain a certificate of registration and ownership from the Jefferson County Clerk, pursuant to KRS 186.020 and either use the vehicle for governmental purposes or sell the vehicle at public auction to the highest bidder. If the vehicle is not suitable for use it may be sold for its scrap or junk value.
(H) Metro Government lien on vehicles impounded. Metro Government shall possess a lien on a motor vehicle impounded, pursuant to KRS 82.625 for all fines, penalties, and towing, handling, and storage charges and fees imposed thereupon. Such lien shall be superior to and have priority over all other liens thereupon.
(I) No effect on security interest in vehicle. 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.
(J) Release of impounded vehicle; impoundment fees paid. In addition to the release requirements imposed under § 131.15
(B), any motor vehicle impounded pursuant to this section may be released to the appropriate owner or other person entitled to possession of the vehicle upon payment of any fines and abatement costs imposed under this chapter and of all towing and impoundment fees incurred up to the date of the release request.
(Lou. Metro Ord. No. 106-2020 approved 9-11-2020)