Towing Issues: Apt Landlord towed my car., opmc, police report


Question
    My apt landlord recently towed my car from the apartment’s lot without notice.  There are no signs indicating private or “tenant only” parking.  There is no parking, towing, or car listing provisions mentioned in the lease.  Her excuse was the car hadn’t moved in months (it had at least weekly) and wasn’t on their list.  When she was called on her cell from the office with a police report of the tag registration she misunderstood the name and thought it belonged to a non-resident.
    I know in most cities it is not required to move a car on private property if it is legal to drive on the street, is current on tags, insurance, and taxes, and is mechanically drivable
    I did find a link to Overland Park’s municipal code and is seems to apply:
http://www.opkansas.org/_Assets/law/opmc/opmc_by_chapter/12-21.pdf
    My question is paragraph 12.21.030 where is mentions 24 hours and whether I was illegally towed.  

Answer
Well from what you say in the question, it does sound as if the sign requirement has not been meet.   If you were parked over 24 hours, it does sound as if it could be towed under the "abandoned over 24 hour rule"..

But the key to the "legality" of the tow I see, is the sign issue...  Not sure if you want to pursue it but it sounds like section 12.21.060 might apply... The Police department seems to have a big part in this set of rules and as such I would check with them..

After all if there are no signs, if they were not called by the management for notification  12.21.030(A)  then it might be illegally towed and subject to penalties..

Hope this helps.