Section 3-8-D-5 HEARING PROCEDURE.

1. Owners who wish to contest the validity of a motor vehicle tow initiated by the Lenexa Police Department may request a hearing for such purpose by notifying the Clerk of the Municipal Court of the request, in writing. The request for hearing must be made within ten (10) calendar days of the day the vehicle was towed.
2. A hearing for the purpose of determining the validity of the tow shall be held by the Municipal Court Judge within fourteen (14) calendar days after the City's receipt of the request for hearing. The time and date of the hearing shall be set by the Clerk of the Municipal Court, who has authority to grant an extension for good cause shown.
3. Pending such hearing, the owner may retrieve the towed vehicle upon payment to the authorized tow service provider of an amount equal to the towing and storage fees incurred. Upon receipt of payment, the tow service provider shall immediately release the motor vehicle to the owner or person lawfully entitled thereto, in compliance with Section 3-8-D-4 of this Article. If the owner does not make advance payment of the fees, the vehicle may remain in storage until the requested hearing is held or forfeited, and until payment of all tow and storage fees incurred. Nothing in this Section shall impair the rights of the tow company pursuant to Section 3-8-D-6.
4. At the hearing, the Municipal Court Judge shall review the arguments and information presented to determine whether the vehicle was properly towed in accordance with the provisions of this Code. The hearing shall be informal and not subject to the rules of civil and/or criminal procedure. The Judge, based upon his or her findings, is authorized to deny the appeal or grant full or partial relief to the owner.
5. If any owner does not appear at the designated time for hearing, after notice of said hearing, the right to a hearing shall be forfeited and the tow affirmed, absent a finding by the Municipal Court Judge of good cause for failure to appear.