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 Cincinnati
 Code of Ordinances
 Title V. TRAFFIC CODE
 Chapter 513. IMPOUNDMENT OF MOTOR VEHICLES

  § 513-9. Appeal Procedure.  

Latest version.

  • At the time that the owner or other person authorized by the owner to claim the motor vehicle attempts to claim an impounded motor vehicle such person shall be advised that he or she may have the propriety of the impoundment of the motor vehicle reviewed immediately by a person designated by the chief of police and that this decision can be appealed to the city solicitor. The person challenging the impoundment shall be entitled to present witnesses and documentary evidence in support of his or her position. The person designated by the chief of police to hear the case shall immediately investigate the matter if further investigation is necessary and make a prompt written decision following the conclusion of the hearing stating the basis for the decision. Such decision shall be rendered within 48 hours of the hearing.

    All impounding charges must be paid prior to the release of an impounded motor vehicle except in those instances where the hearing officer is unable to reach an immediate decision. Impounded motor vehicles shall be released without charge pending a decision of the hearing officer where the hearing officer must conduct a further investigation or is otherwise unable to make an immediate decision in the hearing. The owner of the motor vehicle shall have 72 hours after notice by certified mail of the decision to pay any assessed impounding fees. If assessed impounding fees are not paid within 72 hours, the motor vehicle shall become subject to immediate impoundment, and the assessment of additional impounding charges without further notice. An adverse decision may be appealed by filing a written statement with the city solicitor within 10 days of such adverse decision. The city solicitor shall render a decision within 30 days of receipt of the claim. The only issue to be considered at the hearing or on appeal shall be the correctness of the impoundment of the motor vehicle. Any question of the merits of any traffic citation or of a parking infraction issued concurrently with or underlying the impoundment of the motor vehicle shall not be considered.

(C.M.C. 513-9; ordained by Ord. No. 364-1978, eff. Jan. 1, 1979; a. Ord. No. 423-1992, eff. Sept. 16, 1992)