A. The owner of a vehicle to be towed as an abandoned vehicle pursuant to subsection 6-4-301A of this part shall have seven (7) days after receipt of the notice described in section 6-4-302 of this part to request, in writing, a pretow hearing. The written request shall be delivered to the police department within the seven (7) day period. Unless such a request is received within the seven (7) day period, the vehicle may be towed and any hearing rights under the provisions of this section shall be deemed waived.
B. In the event that a pretow hearing is not requested as provided herein, a posttow hearing shall, upon written request of the owner of the vehicle towed as an abandoned vehicle and/or the lienholder with respect to said vehicle be provided pursuant to section 6-4-306 of this part.
C. Upon any request for a pretow hearing being made, the village shall schedule a date and time, not later than fifteen (15) days following receipt of such request, for such hearing. Upon receipt of such request, but no less than forty eight (48) hours before such hearing, the village shall notify the owner of the date and time for such hearing by telephone, by mail, or in person as the circumstances require. Pending a final disposition of such hearing, the vehicle shall not be towed except pursuant to the procedures of this part applicable to hazardous or unlawful vehicles.
D. Upon any request for a pretow hearing being made, the matter shall be assigned to a hearing officer appointed by the village president with the advice and consent of the village board of trustees in accordance with section 6-19-109 of this title. In no case shall that hearing officer be an individual who was involved in the initial decision to tow the vehicle or the village prosecutor, or any person who is responsible for enforcing or prosecuting village ordinances. The hearing officer shall have the authority to require the presence of the enforcement officer who initiated the proposed tow and/or any other village personnel and to request the presence of other witnesses at the hearing. The hearing shall be informal in nature and the formal rules of evidence shall not apply. However, hearsay evidence shall be admissible only if it is of the type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
E. After receiving all relevant evidence, the hearing officer shall issue a written decision based upon a preponderance of the evidence as to whether the towing of the vehicle is authorized by the laws of the state or the ordinances of the village, citing the specific statutory or ordinance section authorizing the towing. The owner and lienholder, if any shall be provided a copy of such decision.
F. If the hearing officer finds that towing is authorized by this part, the hearing officer shall direct that the vehicle be towed, with any towing and storage costs to be imposed upon the owner thereof. The fees to be charged for towing and storage services shall not be more than the rates approved by the chief of police for all towing companies authorized to tow for the village. The owner of the vehicle may avoid the towing by immediately removing the vehicle from the improper location to a proper, lawful location and correcting any hazardous or unlawful condition of the vehicle.
G. If the hearing officer finds that towing is not authorized, he or she shall direct that the vehicle shall not be towed. The village shall furnish a copy of such decision to the owner, who may display it plainly visible inside the vehicle. No vehicle about which such a decision has been rendered shall be towed by the village unless:
1. The circumstances under which the decision was rendered have changed; and
2. The procedures for towing similarly situated vehicles under this part are followed.
H. All pretow hearing decisions, towing reports and any associated police reports or documents shall be retained by the village police department for a period of at least five (5) years after each hearing or after each tow if no hearing was requested or held.
I. Any such hearing will not be determinative of or adjudicate any violation of any village ordinance relative to the vehicle. (Ord. 2010-79, 10-19-2010)