A. Pretow Notice:
1. Notice pursuant to this subsection shall be personally delivered to the owner by personal service or shall be forwarded by mail, to the address of the owner of the vehicles as indicated in the most current registration list of the secretary of state. The notice shall be in the form provided in this subsection. In the event that an out of state vehicle is proposed to be towed, inquiry by computer, telephone, or letter shall be made of the secretary of state of the particular jurisdiction for the furnishing of the most current registered name and address of the owner of the vehicle, and notice shall be made as provided herein to the address furnished, though in no case will the village be required to delay towing more than seven (7) days after the date of the mailing or personal delivery of the notice if no request for a hearing has been received within that seven (7) day period.
2. A notice of intent to tow sticker with the earliest date upon which the tow may take place and the address and phone number of the police department shall be placed on the vehicle.
3. The following form may be utilized for the mailing or delivery of pretow notices to owners:
To:
(Name)
(Address)
Date of Mailing:
Date and Time of and Name of Person making personal delivery:
PRETOW NOTICE
You are listed as the registered Owner or person entitled to possession of the following described vehicle: (make) (model/year) (other identifying features) (license plate number and State) which is located on (location) in an apparently abandoned or unusable condition, to wit: (facts forming basis of proposed tow) as defined in (ordinance or statutory section).
The Village of Berkeley will tow the vehicle or cause it to be towed after seven (7) days from the above date of mailing or personal delivery unless you move the vehicle to a lawful location or request a hearing as set forth below. Any such hearing will only concern the proposed towing, and will not be determinative of or adjudicate any parking ticket or other citation concerning the vehicle. If the vehicle is towed, you will be required to pay all towing and storage charges before the vehicle is released.
The towing is authorized by the Village Code of the Village of Berkeley.
If you wish to request a hearing on the legality of the present location and condition of your vehicle, you must contact the office listed below and file in person or by mail a request for such hearing within 7 days of the above date of mailing or personal delivery. If you file your request for a hearing by mail, it must be received by the office listed below within 7 days from the mailing or personal delivery of this Notice.
B. Pretow Hearing Procedures:
1. Opportunity For Hearing: The owner or person entitled to possession of a vehicle to be towed as an abandoned vehicle shall have seven (7) days after the date of mailing or personal delivery of the notice to request, in writing, a pretow hearing. Subsequent to this seven (7) day period, the vehicle may be towed, if the owner has not filed a written hearing request within the seven (7) day period, and any hearing rights under the provisions of this subsection will be deemed waived.
2. Request For Hearing: Requests for a hearing are to be made in person to the chief of police or may be made by mail. Forms for such requests shall be made available at the police department. At the time of making the request, the owner will be provided a hearing date and time by mail or in person, as the circumstances require.
3. Preliminary Hearing: If the owner or person entitled to a hearing requests within seven (7) days after the mailing or personal delivery of the notice, the preliminary hearing shall be conducted by a hearing officer appointed by the chief of police within twenty four (24) hours after receipt of the request, excluding Saturdays, Sundays and legal holidays. All interested persons shall be given a reasonable opportunity to be heard and the formal rules of evidence will not apply 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.
4. Written Decision: The hearing officer shall make a written decision upon a preponderance of the evidence as to whether towing of the vehicle is authorized by the laws of the state or the ordinances of the village, with a specific statutory or ordinance section cited in the decision. The owner shall be provided a copy of the pretow hearing decision.
5. Decision To Tow; Rates:
a. If the preponderance of the evidence supports towing with compliance of the provisions of this division, the hearing officer shall direct that the vehicle be towed, with any towing and storage costs to then be imposed upon the owner. The fees to be charged for towing and storage services shall be no more than the maximum rates set by the chief of police pursuant to the provisions of this division. The owner of the vehicle having had such a hearing may avoid the towing by immediately removing the vehicle from the improper location to a proper, lawful location and correcting any unlawful condition of the vehicle.
b. The owner shall pay fees to the towing service operator for towing and storage on police ordered tows at rates that do not exceed maximum amounts to be administratively established by the chief of police and which may be revised from time to time. However, nothing in this division is intended to prevent a competitive towing service operator from charging less than the established maximum rates for police ordered or any other tows. In arriving at the maximum rates for various services, the chief of police shall consider such matters as the prevalent market rates in the area for the different types of vehicles, the types of storage and area requirements for categories such as large trucks and commercial vehicles, and the relative difficulties and amount of work required to perform various types of towing operations. For particularly difficult or unusual towing jobs, such as large or serious accidents, the chief of police is authorized to allow towing operators to charge rates above those established for normal situations. All special charges must be based upon the cost of services provided, taking into account such matters as the man hours and equipment time required for the job. A towing service operator must fully itemize in writing the details of such a billing at special rates for a particularly difficult or unusual tow, and supply a copy of the itemized bill to the owner and to the police department. Any special rates charged must be customary in the towing industry in the area for the nature and extent of the services provided. Every towing service operator and the police department shall have available a copy of the complete current rate schedule and any special rate policy established by the chief of police for vehicle owners to view upon request. (Ord. 14-29, 9-16-2014)