A. Preliminary Hearing:
1. If the owner of record of the vehicle seized pursuant to this division desires to appeal the seizure, said owner must make a request within twenty four (24) hours of the seizure for a vehicle impoundment hearing. Said request shall be made in person and in writing and filed with the chief of police or his/her designated agent.
2. If the appeal is timely filed, a preliminary hearing shall be conducted by a hearing officer appointed by the chief of police, with the consent of the mayor, within twenty four (24) hours after receipt of the written request, excluding Saturdays, Sundays and legal holidays.
3. All interested persons shall be given a reasonable opportunity to be heard at the preliminary vehicle impoundment hearing.
4. The formal rules of evidence will not apply at the hearing, and hearsay evidence shall be admissible only if it is the type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
5. If, after the hearing, the hearing officer determines there is probable cause to believe that the vehicle is subject to seizure and impoundment pursuant to this division, the hearing officer shall order the continued impoundment of the vehicle, unless the owner of the vehicle posts a cash bond in the amount of the administrative fine prescribed for the violation under this division with the village and pays the towing company any applicable towing and storage fees. If the hearing officer determines that there is no such probable cause, the vehicle will be returned to the owner of record of the vehicle without penalty or other fees.
B. Administrative Hearing:
1. Notice: Within ten (10) business days after a vehicle has been seized and impounded pursuant to this division, the village shall notify, by United States mail, the registered owner of record of the date, time and location of the scheduled hearing which shall be held pursuant to title 1, chapter 4, article A of the village code. The name and address of the person to whom a vehicle is registered as shown on the records of the state in which the vehicle is registered shall be conclusive evidence of the name and address of the owner of record of the vehicle, unless the owner of record has given the village actual written notice of a different name and/or address. The hearing shall be scheduled and conducted in accordance with the requirements of title 1, chapter 4, article A of the village code.
2. Hearing:
a. If, after the hearing, the hearing officer determines by a preponderance of evidence that the vehicle was used in connection with a violation set forth in this section 7-2-203, the hearing officer shall enter an order finding the owner of record of the vehicle civilly liable to the village for the administrative fine prescribed for the violation under this division and requiring the vehicle to continue to be impounded until the owner pays the administrative penalty to the village, plus fees to the tower for the towing and storage of the vehicle.
b. If the owner of record fails to appear at the hearing, the hearing officer shall enter a default order in favor of the village.
c. If the hearing officer finds that no such violation occurred, the hearing officer shall order the immediate return of the owner’s vehicle or cash bond without fees.
3. Administrative Fine; Fees:
a. Unless otherwise set forth in this subsection a(i or ii), the owner of record of any vehicle subject to seizure and impoundment under section 7-2-203 shall be liable to the Village for an administrative fine in the amount of $500, plus any applicable fees for the towing and storage of the vehicle.
i. A motor vehicle that is used in the commission of the offense of driving under the influence of alcohol, another drug or drugs, an intoxicating compound or compounds, or any combination thereof, as prescribed in Section 7-2-203.1.A.2, shall be subject to seizure and impoundment and the owner of record of any vehicle subject to seizure and impoundment shall be liable to the Village for an administrative fine in the amount of one thousand dollars ($1,000.00), plus any applicable fees for the towing and storage of the vehicle.
ii. A motor vehicle that is used in the commission of any of the weapons-related offenses prescribed in Section 7-2-203.1.A.5 shall be subject to seizure and impoundment and the owner of record of any vehicle subject to seizure and impoundment shall be liable to the Village for an administrative fine in the amount of one thousand dollars ($1,000.00), plus any applicable fees for the towing and storage of the vehicle.
iii. A motor vehicle that is used in the commission of an offense in violation of 625 ILCS 5/11-204 or 625 ILCS 5/11-204.1 shall be subject to seizure and impoundment and the owner of record of any vehicle subject to seizure and impoundment shall be liable to the Village for an administrative fine in the amount of one thousand dollars ($1,000.00), plus any applicable fees for the towing and storage of the vehicle.
b. If an administrative fine is imposed pursuant to this subsection B, such fine shall constitute a debt due and owing to the village. If a cash bond has been posted pursuant to this subsection B, the bond shall be applied to the fine. If a vehicle has been impounded when such a fine is imposed, the village may seek to obtain a judgment on the debt and enforce such judgment against the vehicle as provided by law.
c. Except as provided otherwise in this subsection B, a vehicle shall continue to be impounded until the fine is paid to the village and any applicable towing and storage fees are paid to the tower, in which case, possession of the vehicle shall be given to the person who is legally entitled to possess the vehicle or the vehicle is sold or otherwise disposed of to satisfy a judgment to enforce a lien as provided by law.
d. If the administrative fine and applicable fees are not paid within thirty five (35) days after an administrative fine is imposed against an owner of record who defaults by failing to appear at the hearing, the vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed vehicles. In all other cases, if the administrative fine and applicable fees are not paid within thirty five (35) days after the expiration of time at which administrative review of the hearing officer’s determination may be sought, or within thirty five (35) days after an action seeking administrative review has been resolved in favor of the village, whichever is applicable, the vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed vehicles under the Illinois vehicle code. (Ord. 14-29, 9-16-2014; amd. Ord. 20-52, 10-6-2020; Ord. 22-19, 4-19-2022)