A. The owner and/or lienholder of a vehicle towed as a hazardous or unlawful vehicle pursuant to subsection 6-4-301B of this part or the owner and/or lienholder of a vehicle towed as an abandoned vehicle who has not requested a pretow hearing shall have fifteen (15) days after the date of mailing of notice or release of the vehicle, whichever occurs first, to request in writing a posttow hearing to determine the validity of such tow and any towing or storage charges. Said written request shall be delivered to the village clerk within said fifteen (15) day period, or the right to a posttow hearing under the provisions of this part shall be deemed waived. The hearing will not be determinative or adjudicate any violation of any village ordinance.
B. Upon any request for a posttow hearing being made, the village shall schedule a date and time for such hearing as follows:
1. In those instances where the vehicle has been released upon the full payment of towing and storage charges, the hearing shall take place within fifteen (15) days after the receipt of such request for such hearing. Upon receipt of such request, but not 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.
2. In those instances where the vehicle has not been released, the hearing shall take place, unless otherwise agreed by the village and the owner, within forty eight (48) hours after such request for such hearing, excluding weekends and holidays; except that if such request is made after three o'clock (3:00) P.M., then a hearing shall be held on the third working day following the request. Upon receipt of such request, the village shall notify the owner and lienholder of the date and time of such hearing by telephone, mail, or in person as the circumstances require.
C. Upon any request for a posttow hearing being made, the hearing officer shall conduct the hearing in the manner provided in section 6-4-303 of this part except where such procedures are not consistent with the provisions of this section.
D. After receiving all relevant evidence, the hearing officer shall issue a decision finding that:
1. If the towing and storage of the vehicle was authorized by the laws of the state or by a village ordinance; and/or
2. There was no authority in law for the towing and storage of the vehicle, or the village officer or employee authorizing the vehicle to be towed did not comply with the requirements of the statute or ordinance authorizing the tow; and/or
3. The towing of the vehicle was authorized by law, but the owner was caused to incur additional storage charges because of late notification of towing or other reasons not the fault of the owner and/or the towing and/or storage fees charged by the towing company exceed the fees permitted by the village. The specific amount owed by the owner, and the specific amount excused, shall be stated in the decision; and/or
4. The request for hearing was not properly made; and/or
5. The person requesting a hearing failed to appear or obtain a continuance.
E. The hearing officer shall advise the owner and lienholder of his findings at the conclusion of the hearing, as follows:
1. If the towing and storage was authorized by law, and is not otherwise reimbursable, the owner shall be so informed and further advised as to the amount due.
2. If the towing and/or storage is found to be unauthorized or reimbursable:
a. If the vehicle has been released to the owner, the hearing officer shall complete and transmit to the village administrator for approval the amount to be reimbursed along with the hearing officer's decision. Unless the village files a lawsuit to contest the decision of the hearing officer, the owner shall be paid the money due within thirty (30) days after the decision of the hearing officer.
b. If the vehicle has not been released at the time of the hearing, the hearing officer shall issue an order for the release of the vehicle. Upon presentation by the owner to the towing service operator of the order for release, the vehicle shall immediately be released to the owner upon payment by the owner of such towing and storage fees, if any, owed by the owner.
F. All decisions, towing reports, and any associated police reports or documents shall be retained by the police department for a period of at least five (5) years after such hearing or after each tow if no hearing was requested or held.
G. The village, the owner and/or lienholder may contest the decision of the hearing officer in any manner provided by law. (Ord. 2010-79, 10-19-2010)