(A) The owner of a vehicle or other person entitled to possession which has been impounded pursuant to § 72.12(A), may challenge the validity of such impoundment by requesting in writing a hearing before the Parking Enforcement Hearing Board.
(B) The hearing shall be conducted within ten (10) business days of the date of the request, unless the registered owner or other person entitled to possession waives the limitation or the city shows good cause for such delay.
(C) The city shall retain possession of the vehicle pending the hearing, unless the owner or other person claiming right of possession posts a bond or other security in a form satisfactory to the city in an amount equal to the fines and fees accrued as of the date of the hearing request, or seventy five dollars ($75) whichever is less.
(D) If the owner or person claiming right of 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 of the request for hearing is received, unless such person requests or agrees to a continuance.
(E) No less than five (5) days prior to the date set for the hearing, the city shall notify the person requesting the hearing of the date, time and place of the hearing. The notice may be given by certified mail, return receipt requested, by personal delivery; or by leaving the notice at the person's usual place of residence with any individual residing therein who is eighteen (18) years of age or older and who is informed of the contents of the notice.
(F) In the case of a hearing required to be held within seventy-two (72) hours of the date of request as provided in division (D) of this section, the person requesting the hearing shall be informed at the time of their request, or as soon thereafter as practicable, of the date and time of the hearing.
(G) Any person requesting a hearing, 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.
(H) At the hearing, after consideration of the evidence, the Parking Enforcement Hearing Board shall determine whether the impoundment was valid and reasonable. Where it is not established that the impoundment was justified, an order releasing the vehicle shall be entered. All fines, fees paid or amounts posted as bond because of impoundment of the vehicle shall be returned. When it is established that the impoundment was justified, the Board shall uphold the impoundment and condition 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 city. 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. The Board shall furnish the owner or person appearing on the owner's behalf with a copy of its order.
(I) The Board may consider the 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.
(J) An appeal from the Parking Enforcement Hearing Board's determination may be made to the Calloway County District Court within seven (7) 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 the city 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, the city shall release the vehicle, if applicable, and to return all fines and fees paid as a result of the impoundment.
(Ord. 2014-1631, passed 1-23-14; Am. Ord. 2017-1732, passed 4-27-17)