§ 72.23  IMPOUND LOT; FEES; RELEASE OF VEHICLE; APPEALS.
   (A)   (1)   The City of Mt. Washington shall maintain an impound lot for the storage of vehicles towed:
         (a)   With the consent of an owner;
         (b)   For reasons of public safety;
         (c)   For violation of statute or ordinance relating to parking in a public way; or
         (d)   For other lawful police order.
      (2)   The Mayor of the City of Mt. Washington is authorized to appoint a three person Hearing Board to hear appeals provided under division (D) of this section.
   (B)   (1)   Fees for handling, towing, or storage are set as follows:
         Administrative fee:  $25.00
         Daily storage:  $25.00
      (2)   These fees may be amended by ordinance.
   (C)   Wrecker service fees are set forth in the agreement between the Mt. Washington Police Department and wrecker service providers upon approval of the Mayor and City Council.
   (D)   A vehicle may be released to the owner or other person entitled to possession only upon payment of all required fees, proof of ownership or right to possession. Proof of payment of towing fees may be required. The City of Mt. Washington 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)   (1)   The owner of a motor vehicle that has been impounded pursuant to a violation of statute or ordinance, or other person entitled to possession, may challenge the validity of such impoundment and request in writing a hearing before the Hearing Board appointed by the mayor.  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 City of Mt. Washington shows good cause for such delay.  The City of Mt. Washington 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 $250, 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 72 hours of the date the request for hearing is received, unless such person requests or agrees to a continuance.
      (2)   No less than five days prior to the date set for the hearing, The City of Mt. Washington 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 72 hours of the date of the request, the person requesting the hearing shall be informed at the time of his or her request, or as soon thereafter as a practicable, of the date and time 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 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, with the exception of final outstanding citations paid, 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 City of Mt. Washington.  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 City of Mt. Washington.  The Hearing Board shall furnish the owner or person appearing on the owner’s behalf with a copy of its order.
      (5)   The 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. 15-04, passed 3-9-15; Am. Ord. 17-37, passed 11-27-17)