§ 35-201. Hearing procedures.

(a)

Owners or persons entitled to lawful custody of immobilized or impounded vehicles who wish to contest the validity of the immobilization or of the tow or the accuracy of any fees or charges incurred in the towing or storage of any vehicle may do so, and a hearing for such purpose shall be provided within two working days after such hearing is requested.

(b)

Such hearing shall be held by the municipal court through an impartial hearing officer designated by the municipal court administrator at times to be set by the clerk of the court. A request for a hearing should be made to the municipal court clerk's office. The clerk of the municipal court shall notify the police department or the parking control division of the time and date of each hearing.

(c)

Except as otherwise provided in this section, pending such hearing, the owner or person lawfully entitled to custody of any immobilized or impounded vehicle may retrieve the immobilized or impounded vehicle upon posting bond in the amount of the towing charge and accrued storage fees, or, if the vehicle has been immobilized or impounded for violations of the parking ordinances, upon posting bond in the amount of the towing charge and accrued storage fees, if any, and the total delinquent parking fines plus court costs and the immobilization device removal fee. If such bond is posted, the vehicle will be released as provided by either section 35-199 or section 35-200, whichever is applicable. If the owner or person lawfully entitled to custody of any vehicle does not post bond or does not otherwise obtain the vehicle's release, then such vehicle will remain immobilized or impounded until a hearing is held. Bonds may be posted in the detention unit of the police department. Hearings may be scheduled in the municipal court clerk's office during normal business hours.

(d)

A person who has paid the applicable fees and has obtained the release of the vehicle may still request a hearing to contest the validity of the immobilization or the impoundment or the accuracy of any fees or charges within the time limits set out in this section.

(e)

Vehicles impounded under section 35-196(c)(8) or (c)(9) will not be released prior to a hearing.

(f)

If, after the hearing, the hearing officer determines that there was no factual basis for the immobilization or impoundment of the vehicle, then the vehicle will be released to the owner or person lawfully entitled to custody thereof of the vehicle without costs, and any bond, if posted, will be returned. If, after the hearing, it is determined that the vehicle was lawfully immobilized or impounded then all charges shall be paid by the owner or person lawfully entitled to custody of the vehicle; such charges may be paid for partly or in whole by the bond, if cash, and any surplus bond money will be returned.

(g)

If any owner or person lawfully entitled to custody of any immobilized or impounded vehicle posts bond but does not appear at the designated time for hearing, such bond shall be forfeited.

(h)

Owners or person entitled to lawful custody of immobilized or impounded vehicles shall have 30 days from the date of the immobilization or, in the case of impoundment, 30 days from the date of the notice sent under section 35-198 to request a hearing to contest the validity of the immobilization or the impoundment or the accuracy of any fees or charges. No right to such a hearing shall exist after the expiration of 30 days, and disposition proceedings may be commenced.

(i)

Appeals from decisions of the hearing officer shall be made to the district court as provided in K.S.A. 60-2101(d).

(Code 1964, § 36-154(6); Code 1988, § 35-154; Ord. No. 53410, § 1, 1-7-1975; Ord. No. 55191, § 6, 8-3-1976; Ord. No. 63655, § 1, 1-12-1981; Ord. No. 63953, § 4, 7-1-1982; Ord. No. 64921, § 1, 12-5-1985; Ord. No. 64942, § 1, 12-19-1985; Ord. No. 65297, § 5, 4-7-1988; Ord. No. 65589, § 3, 12-20-1990)