(A) An owner of record who has had a vehicle impounded at the scene, or who receives a notice under § 71.74(B)(2) for the impoundment of a vehicle, may contest eligibility for impoundment by written request delivered to the chief of police, postmarked within 14 days after the delivery of the notice. 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 shows good cause for such delay. The city of 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 $2,500, whichever is greater.
(B) The chief of police shall set a date for a hearing before the police department executive command staff on the eligibility of the vehicle for impoundment and shall notify the owner of the date, time, and place of the hearing.
(1) At the hearing, the city’s evidence of probable cause shall be considered prima facie correct. In order to disprove the motor vehicle’s eligibility for impoundments the owner of record must prove that: (i) at the time and date of the alleged violation as described in the notice, the described vehicle was not operated at the location of the alleged violation; or (ii) at the time and date of the alleged violation, the vehicle had been reported stolen. The vehicle owner shall be allowed the opportunity to present relevant evidence and question witnesses at the hearing. The written decision of the majority of the police department executive command sdtaff shall be made in writing.
(2) At the hearing, after consideration of the evidence, the police department executive command staff shall determine whether the impoundment was valid and reasonable by a vote of a majority of its members. 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 chief of police shall uphold the impoundment and condition the release of the vehicle upon payment of a $1,000 fine and all impoundment fees accruing thereto. If bond has been posted as security for release of the vehicle, said 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 chief of police shall furnish the owner or person appearing on the owner’s behalf with a copy of the order within five days of the hearing.
(3) Any person who refuses or, except for good cause as determined by the chief of police, 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. In this event, the citation issued shall be deemed a final order determining that the violation was committed and imposing the civil fine as set forth in the citation, and the person shall be deemed to have waived the right to appeal the final order to Jefferson District Court.
(4) Before the release of a vehicle pursuant to this subchapter, the owner or other person entitled to possession must establish proof of ownership or right to possession. The city 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.
(5) An appeal from the police department executive command staff’s determination that impoundment was justified may be made to the Civil Division of Jefferson District Court within 30 days of the determination. The appeal shall be initiated by the filing of a complaint and a copy of the police department executive command staff’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 tine impoundment was justified, the owner shall be ordered to pay all fees and fines accruing as of the date of judgement. If the court finds that the impoundment was not justified, the city shall be ordered to release the vehicle, if applicable, and to return all fines and fees paid as a result of the impoundment. The judgment of the Jefferson District Court may be appealed to the Jefferson Circuit Court in accordance with the Rules of Civil Procedure.
(6) If a hearing has not been requested pursuant to this subchapter, and a vehicle impounded by the city 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.
(7) Impoundment; escheat to the city if no response to notice.
(a) After 45 days from the date the impoundment period has concluded, if no appeal is filed, or if an appeal is filed, 45 days from the date of the conclusion of the impoundment period from a final order of the last presiding administrative body or court with jurisdiction, an impounded vehicle shall be deemed abandoned and the vehicle shall escheat to the city.
(b) If the vehicle is judged suitable for use, the city 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.
(c) City lien on vehicles impounded. The city shall possess a lien on all vehicles impounded pursuant to KRS 82,625 for all fines, penalties, and towing, handling, and storage charges and fees imposed thereon. Such a lien shall be superior to and have priority over all other liens thereupon.
(d) No effect on security interest in vehicle. Nothing in these provisions shall otherwise affect the fights or obligations between the owner of the vehicle and those persons who claim a security interest therein.
(8) Release of impounded vehicle; impoundment fees paid. Any vehicle impounded under this section shall be held for a minimum of 72 hours. After 72 hours, the city may release the motor vehicle to the owner or other person entitled to possession, and the city shall condition the release of a vehicle impounded under this section, only upon:
(a) Payment of the citation amount in full or in part if by agreement; and
(b) Payment of all towing, handling, impoundment, and storage charges imposed.
(c) In addition to the release requirements imposed under this section, a vehicle may be released to the owner or other person entitled to possession, only upon proof of ownership or right to possession. The city 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.
(d) The city, along with its employees, officials or agents, shall not be held liable in any claim for loss or damages asserted by or action filed by the registered owner, lessee, or other person legally entitled to possession of the impounded vehicle when the vehicle has been properly impounded and/or disposed of pursuant to this subchapter.
(Ord. 23-03, Series 2023, passed 7-11-23)