A. Generally: Motor vehicles may be towed after notice to the registered owner and after affording an opportunity for a hearing on the matter.
B. Notice: Notice shall be forwarded, by certified mail, to the address of the owner of the motor vehicle and property owner if on private property, as indicated in the most current available state registration information and county taxpayer information, if notification cannot be given at the time of the initial investigation. The notice shall specify that the vehicle has been placed on a list of vehicles to be towed and, further, advise that the owner will be entitled to a hearing on the issue prior to towing. The owner or person entitled to possession of the motor vehicle shall be notified that he or she has seventy two (72) hours or three (3) business days to respond after receiving notice.
C. Pretow Hearing: The owner will have seventy two (72) hours or three (3) business days, after receiving notice, to request a hearing. In the event no such request for a hearing is received within the required period, the motor vehicle may be impounded and disposed of in accordance with applicable law.
D. Hearing; Jurisdiction; Appeals:
1. When requested by the owner or other person legally entitled to possession of the motor vehicle, a hearing shall be conducted by the code enforcement department or its designee. The hearing shall be conducted at the Beach Park village hall during normal business hours within five (5) business days immediately following the request; except, that the director of the code enforcement department or his or her designee may grant a continuance of the hearing date. However, no continuance shall exceed thirty (30) days.
2. The jurisdiction of the hearing officer is to determine the propriety of the violation and whether or not removal would be proper under this section.
3. The hearing officer shall make the finding, in writing, with a brief description of the facts designating the violation.
4. Appeals of findings made by the hearing officer shall be done in accordance with the provisions of the administrative review law of the state of Illinois. (Ord. 2004-O-04 § 4)