(A) In general. 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 as indicated in the most current available state registration 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 48 hours or two business days to respond after receiving notice.
(C) Pre-tow hearing. The owner will have 48 hours or two business days after receiving notice to request a hearing. This request is to be made to the Parking Division of the Police Department during normal business hours. A hearing date will then be scheduled at the convenience of the requesting party and the Police Department. Towing of the vehicle shall be delayed pending the outcome of this hearing; in no case will the city be required to delay towing more than seven days after a request for a hearing is received. In the event no 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. When requested by the owner or other person legally entitled to possession of the motor vehicle, a hearing shall be conducted by the Supervisor of the Parking Division or his or her designee. The hearing shall be conducted at the City Police facility during normal business hours within the business week immediately following the request, except that the Supervisor or his or her designee may grant a continuance of the hearing date. However, no continuance shall exceed 30 days.
(1) 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.
(2) The Hearing Officer shall make the finding, in writing, with a brief description of the facts designating the violation.
(3) Appeals of findings made by the Hearing Officer shall be done in accordance with the provisions of the Administrative Review Law of the state (ILCS Ch. 735, Act 5, §§ 3-101 et seq.).
(Ord. 96-02, passed 1-9-1996)