A. Notice And Hearing: Any vehicle that is subject to towing, other than a towing for which no prior notice is required in accordance with this chapter, shall have a tow notice applied thereto, and a pretow warning notice shall be sent to the registered owner and the lienholder, if applicable. Such pretow warning notice shall include a description of the vehicle, the license plate and vehicle identification numbers (VIN), if available and legible, and notice that a hearing as to the propriety of the towing will be granted, if requested. If, after ten (10) days, there has been no response to the pretow warning notice, the vehicle may be towed. A posttow notice shall be sent to the owner and the lienholder, if applicable, no more than five (5) business days after the vehicle is towed, and shall include a copy of the village tow order. This notice must also include the opportunity for a posttow hearing. If a hearing is requested after a vehicle is towed, it will be granted in accordance with the posttow hearing procedures set forth in this chapter. All notices shall be served by certified mail, return receipt requested, to the address of the registered owner and lienholder, if applicable, of the vehicle as recorded with the secretary of state of Illinois. If the vehicle is registered in a state other than Illinois, the village police department shall send appropriate notice in accordance with this chapter to the address of the registered owner and lienholder, if applicable, as recorded in such other state registry of motor vehicles.
B. Request For Preimpoundment Hearing: Requests for pre- impoundment hearings are to be made to the police department and addressed to the chief of police. The request must be in writing and be served on the police department personally or by mail. Forms for such request shall be made available at the police department.
C. Nature Of Preimpoundment Hearing; Hearing Officer: The hearing shall be conducted by a hearing officer and be informal in nature. The rules of evidence shall not apply. The hearing will not be determinative of or adjudicate any citation issued, any criminal violation charged, or any ordinance violation charged relative to the proposed tow and impoundment. After receiving all relevant evidence, the hearing officer shall make a written decision based upon the preponderance of the evidence as to whether the tow and impoundment of the vehicle were authorized by this chapter. The owner of the vehicle shall be provided with a copy of the written decision. The hearing officer shall have the authority under applicable laws of the state of Illinois to conduct such hearings. If a registered owner or lienholder requests a hearing but fails to appear at such hearing, the hearing officer shall enter an order of default in favor of the village in the amount of the hearing fee.
D. Scheduling Preimpoundment Hearing: If a preimpoundment hearing is requested, it will be granted within five (5) business days after the request for a hearing and held during normal business hours, unless the owner requests a later date convenient to all parties. The hearing shall take place at designated dates and times to be determined by the police department in conjunction with the hearing officer. (Ord. 2010-07, 3-8-2010)