The owner, or any other person lawfully entitled to possession, who wishes to contest the immobilization, and/or impoundment, or any fees and charges incurred in the immobilization, towing and/or storage or the amount of outstanding, unpaid and overdue parking fines owed, may do so and a hearing for such purpose shall be held within ten (10) business days after such hearing is requested. The request for hearing must be made in writing within ten (10) days of the vehicle’s immobilization or impoundment. Such hearing shall be held by the Olathe Municipal Court at a time to be set by the Court and shall be limited to the issues set out in this Section. The Court shall have no authority to adjudicate the underlying unresolved parking citation(s) which resulted in immobilization or impoundment.

Pending such hearing, the owner or person lawfully entitled to custody of any immobilized and/or impounded vehicle who has not retrieved the vehicle pursuant to Section 10.14.060 may retrieve such vehicle upon posting a cash bond in the total amount of the outstanding, unpaid and overdue parking fines, immobilization fee, and/or towing fees and/or storage charges. Once such bond is posted, upon the showing of proof of ownership and valid vehicle insurance, the vehicle shall be released to the owner, or any other person legally entitled to claim possession of the vehicle through power of attorney or any other legally sufficient document that entitles the person to possession of the vehicle. If the owner or person lawfully entitled to custody of any vehicle does not obtain a release of the vehicle or post a cash bond, then such vehicle will remain impounded and continue to accrue storage fees until a hearing is held.

If after the hearing, the Court determines that the outstanding, unpaid and overdue parking fines, and/or immobilization fee and/or towing fees and/or storage fees of said vehicle are valid, the vehicle shall be released only upon payment of all such valid charges, proof of ownership or proof of legal possession of the vehicle and proof of valid current insurance. Such payment may be paid for in part or whole by the cash bond, if any, and any surplus bond money will be refunded.

If after the hearing, the Court determines that the immobilization was improper, no immobilization fee shall be assessed.

If the Court determines the towing and/or impoundment of said vehicle was improper, the vehicle will be released to the owner or person lawfully entitled to custody thereof without costs for the improper towing and/or improper impoundment, and any bond, if posted, will be returned less only those fines and/or fees determined by the Court to be valid. (Ord. 08-66 § 1, 2008.)