A. Preliminary Hearing: The owner of record or lessee of a vehicle seized and impounded may contest the seizure and impoundment of the vehicle by requesting a preliminary hearing. The owner or lessee must make a request for a preliminary hearing within twenty four (24) hours of the seizure. The request shall be deemed filed upon delivery to the Chief of Police of the Bartlett Police Department. The preliminary hearing request shall be in writing and the Chief of Police or his/her designee shall conduct the preliminary hearing within twenty four (24) hours after receipt of the request, excluding Saturdays, Sundays, or Village holidays, in which case the preliminary hearing shall be heard on the next business day after the request. All interested parties shall be given a reasonable opportunity to be heard at the preliminary hearing. The formal rules of evidence shall not apply at the hearing, and 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. If, after the hearing, the Chief of Police or his/her designee determines that there is probable cause to believe that the vehicle is subject to seizure and impoundment, he/she shall order the continued impoundment of the vehicle as herein provided, unless the owner or lessee of the vehicle, or lienholder, posts with the Village a cash bond in the amount of five hundred dollars ($500.00), and pays any and all applicable towing and storage fees. If the Chief of Police or his/her designee determines that there is no such probable cause to believe the vehicle was used or operated during the commission or attempted commission of the offense set forth in section 6-19-102 of this part, the vehicle shall be returned to the registered owner or lessee without penalty. (Ord. 2012-48, 6-5-2012)
B. Notice; Procedures; Hearings: Within ten (10) days after a vehicle is seized and impounded, the Chief of Police or his/her designee shall notify the registered owner of record, lessee of record, and any lienholder of record, of the seized and impounded vehicle either by personal service or by first class mail, to the interested party's address as recorded with the Secretary of State, of the date, time and location of the hearing to be conducted. The initial hearing shall be scheduled and convened no later than forty five (45) days after the date of the mailing of the notice of the hearing. The owner, lessee and/or lienholder shall appear at the hearing and shall enter a determination to contest or not contest the basis of the seizure and impoundment. If the owner, lessee or lienholder elects to contest the basis for the impoundment and seizure, a hearing shall be held immediately, unless continued by order of the Hearing Officer. Continuances shall only be granted for good cause shown. All interested persons shall be given a reasonable opportunity to be heard at the hearing. At any time prior to the hearing date, the Hearing Officer may, at the request of the registered owner or lessee of the vehicle, lienholder of record, or the Village, direct witnesses to appear and give testimony at the hearing. Subpoenas for the production of witnesses and records may be issued upon request of any interested party. The formal rules of evidence shall not apply at the hearing, and 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. If, after the hearing, the Hearing Officer determines by a preponderance of the evidence that the vehicle was used or operated in connection with or during the commission or attempted commission of any offense set forth in section 6-19-102 of this part, the Hearing Officer shall enter an order finding the owner of record and/or lessee of the vehicle civilly liable to the Village for an administrative penalty in an amount of five hundred dollars ($500.00), and the Hearing Officer shall order the vehicle to remain impounded until the owner, lessee or someone on the owner's or lessee's behalf, or the lienholder, pays the administrative penalty to the Village plus any and all fees to the towing entity or Village for the towing and storage of the vehicle as the case may be. At the conclusion of the administrative hearing, the Administrative Hearing Officer shall issue a written decision either sustaining or overruling the vehicle impoundment. If the basis for the vehicle impoundment is sustained by the Administrative Hearing Officer, any administrative fee or bond posted to secure the release of the impounded vehicle shall be forfeited to the Village. Unless the Administrative Hearing Officer overturns the basis for the vehicle impoundment, no vehicle shall be released to the owner, lessee, or lienholder of record until all administrative fees and towing and storage charges are paid. If after proper service of notice, the owner of record, lessee, and/or lienholder of record fails to appear at the hearing, the Hearing Officer shall conduct the hearing in absentia and, if appropriate, enter a default order in favor of the Village, a copy of which default order shall be sent to the registered owner and/or lessee of record by first class mail or personal service. If at the hearing held in absentia the Hearing Officer finds that no such violation occurred, the Hearing Officer shall order the immediate return of the vehicle and cash bond, if posted, to the owner or lessee without assessing any penalty. If the Administrative Hearing Officer finds that the Village impounded a vehicle exceeding its authority under this Code, the Village shall be liable to the registered owner or lessee of the vehicle for the cost of storage fees and reasonable attorney's fees.
C. Official Record: All hearings shall be recorded and said recording shall be the official record of the proceedings. All findings, decisions and orders of the Hearing Officer shall be reduced to writing, signed by the Hearing Officer at the conclusion of the administrative hearing, with a copy given to the owner, lessee and/or lienholder who is or are present, and otherwise served upon all interested parties within seven (7) days after the hearing by first class mail or personal service. (Ord. 2018-30, 4-3-2018)