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§ 72.22 NOTICE OF VIOLATION.
   (A)   Pursuant to KRS 82.615, any person who receives notice of a parking violation (citation) shall respond to such notice as provided in this section within seven days of the date of the notice, by either paying the fine set forth in the notice (citation) or requesting a hearing pursuant to § 72.51 and KRS 86.620.
   (B)   Pursuant to KRS 82.615, if the owner of a vehicle cited for a parking violation has not responded to the notice within seven days as provided in division (A) of this section, the city shall send a second notice by regular, first-class mail of the United States Postal Service to the last known address of the registered owner of the vehicle as listed on the certificate of title. Such notice shall state that if the owner of the vehicle does not respond to the notice by either paying the fine or by requesting in writing a hearing pursuant to § 72.51 and KRS 86.620, within seven days of the receipt of the notice, the owner shall be deemed to have waived his or her right to a hearing and the determination that a violation was committed shall be final. Any person who fails to request a hearing or pay the fine within the seven days shall be deemed to have refused to pay the fine levied by the citation.
   (C)   The registered owner of a vehicle at the time the violation occurred shall be liable for all fines, fees and penalties which he or she has refused to pay.
(Ord. 2014-4, passed 4-10-2014)
VEHICLE IMPOUNDMENT
§ 72.30 VEHICLE IMPOUNDMENT AND IMPOUNDED VEHICLE RELEASE.
   (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)   The release of an impounded vehicle shall be conditioned on the owner or other person entitled to possession paying all fines and fees accrued as of the date of the release, the displaying of current, valid identification, proof of ownership or right to possession and current, valid insurance. A "tow only" release may issued in cases where there is no insurance.
   (C)   If the owner or other person entitled to possession challenges the validity of the impoundment pursuant to § 72.52(A), the vehicle shall be released upon the posting of the bond and the displaying of current, valid identification, proof of ownership or right to possession and current, valid insurance. A "tow only" release may issued in cases where there is no insurance.
(Ord. 2014-4, passed 4-10-2014)
§ 72.31 VEHICLE LIEN, ABANDONMENT, ESCHEAT PROVISIONS AND VEHICLE DISPOSAL.
   (A)   Pursuant to KRS 82.635, the city shall possess a lien on a motor vehicle impounded pursuant to this chapter for all fines, penalties, and towing, handling and storage charges and fees imposed thereon. Such lien shall be superior to and have priority over all other liens thereon.
   (B)   (1)   Pursuant to KRS 82.630, if within ten business days of impoundment a motor vehicle impounded by the city has not been claimed, or hearing has not been requested pursuant to § 72.30(C) and KRS 82.625, notice shall be mailed by certified mail to the registered owner, if known, and lienholders of record, if any, affording the parties the right within ten business days from the date of notice to claim the vehicle or request a hearing pursuant to § 72.30(C) and 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 receipt of notice.
      (2)   Pursuant to KRS 82.630, after 45 days from the date of notice required by division (B)(1) of this section an impounded motor vehicle shall be deemed abandoned and the vehicle shall escheat to the city.
      (3)   Pursuant to KRS 82.630, if the vehicle is judged suitable for use, the city may obtain a certificate of registration and ownership from the 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.
(Ord. 2014-4, passed 4-10-2014)
ADMINISTRATION
§ 72.50 HEARING BOARD.
   Pursuant to KRS 82.600 there is hereby created a Hearing Board empowered to conduct hearings pursuant to KRS 82.605 to 82.640 for violations of this Chapter 72 . The Hearing Board shall be composed of the Police Chief. The Police Chief may appoint one or more hearing officers to conduct hearings. Any action of such hearing officer shall be deemed to be the action of the Hearing Board.
(Ord. 2014-4, passed 4-10-2014; Am. Ord. 2019-6, passed 6-27-2019)
§ 72.51 HEARING TO CONTEST VIOLATION AND APPEAL.
   (A)   Pursuant to KRS 82.620, any person cited for a parking violation under this Chapter 72 may contest the determination that a violation occurred by requesting in writing a hearing before the Police Chief by filing such request with the City Clerk within seven business days of the date of the citation. Such hearing shall be held no later than 14 days from the date of receipt of the request, unless prior to the hearing the person requesting such hearing requests an extension of time not to exceed 14 days. No less than seven days prior to the date set for the hearing, the Police Chief shall notify the registered owner of the vehicle of the date, time and place of the hearing. Any person requesting a hearing who fails to appear at the time and place set for the hearing shall be deemed to have refused to pay the fine levied by the citation, and shall have no further rights to a hearing before the Police Chief.
   (B)   Pursuant to KRS 82.620, at the hearing, after consideration of the evidence, the Police Chief shall determine whether a violation was committed. Where it has not been established that violation was committed, an order dismissing the citation shall be entered. Where it has been established that a violation was committed, the Police Chief shall uphold the citation and order the owner to pay the citation within seven days. A copy of such order shall be furnished the owner. Any person ordered to pay the fine who fails to do so within seven days shall be deemed to have refused to pay the fine levied by the citation.
   (C)   The Police Chief may consider the parking citation and any other written report made under oath by the officer who issued the citation in lieu of the officer’s personal appearance at the hearing.
   (D)   An appeal from the Police Chief’s determination may be made to the Kenton District Court within seven days of the Police Chief’s determination. The appeal shall be initiated by the filing of a complaint and a copy of the Police Chief’s order in the same manner as any civil action under the Rules of Civil Procedure. The action shall be tried de novo and the burden shall be upon the city to establish that a violation occurred. If the court finds that a violation occurred, the owner shall be ordered to pay to the city all fines, fees and penalties occurring as of the date of the judgment. If the court finds that a violation did not occur, the city shall be ordered to dismiss the citation and the plaintiff shall be authorized to recover his or her costs.
   (E)   The judgment of the District Court maybe appealed to the Circuit Court in accordance with the Rules of Civil Procedure.
(Ord. 2014-4, passed 4-10-2014; Am. Ord. 2019-6, passed 6-27-2019)
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