(A) The registered owner of a vehicle immobilized, towed or impounded under this subchapter shall have the right to a prompt hearing without the requirement of payment of outstanding fines and penalties for which final determinations have been made.
(B) (1) When the vehicle is immobilized, the Police Department shall place a notice on the vehicle advising the owner of his or her right to a hearing to contest the validity of the immobilization. If the vehicle is subsequently towed or impounded, the Traffic Compliance Administrator shall mail a post-immobilization/tow notice to the vehicle’s registered owner which includes the following information:
(a) Date of immobilization, towing and/or impoundment;
(b) Location of vehicle; and
(c) The vehicle was immobilized under this section for five or more unpaid final determinations of vehicular standing, parking, compliance or automated traffic law enforcement violations.
(2) The registered owner may contest the validity of the immobilization/tow by disproving liability for the unpaid final determinations of parking, standing, compliance or automated traffic law violations listed on the notice.
(3) A hearing to contest the validity of the vehicle immobilization/tow can be requested by submitting a written request for hearing to the Traffic Compliance Administrator within 14 days of the vehicle immobilization or impoundment, whichever is later. The request for hearing shall be deemed filed upon receipt by the Traffic Compliance Administrator.
(C) Upon receipt of a post-immobilization/tow hearing request, the Traffic Compliance Administrator shall schedule a hearing no later than the next regularly scheduled monthly administrative adjudication or parking/compliance hearing date. Notice of the hearing shall be sent by first class mail, postage paid, to the address as set forth on the hearing request. Service of the notice shall be complete on the date it is placed in the United States mail.
(D) If, after the hearing, the Traffic Compliance Administrator determines that the registered owner is not liable for five or more of the unpaid final determinations that provided the basis for the immobilization/tow, the vehicle in question shall be released to the owner and no immobilization, towing or storage fees shall be due. If, however, the Traffic Compliance Administrator determines that the registered owner is liable for five or more of the unpaid final determinations cited in the notice, the vehicle in question shall not be released until all fines, penalties, immobilization, towing and storage charges are paid.
(E) An order entered after the hearing to contest the validity of the immobilization, tow or impoundment is a final administrative decision within the meaning of § 3-101 of the Illinois Code of Civil Procedure (735 ILCS 5/3-101).
(Prior Code, § 70.026) (Ord. 2013-238, passed 7-23-2013; Ord. 2016-001, passed 1-12-2016)