(A) Preliminary hearings.
(1) Where the owner of a motor vehicle seized under the provisions of the subchapter requests a preliminary hearing within 12 hours after the seizure of the motor vehicle, the watch commander or any supervising officer must conduct a preliminary hearing within 24 hours after the request for a preliminary hearing is received by the city; provided that, if the date for the hearing falls on a Saturday, Sunday or legal holiday, the preliminary hearing will be held on the next business day following the Saturday, Sunday or legal holiday.
(2) For purposes of this section, the following shall apply.
(a) All interested persons shall be given a reasonable opportunity to be heard at the preliminary hearing.
(b) The formal rules of evidence shall not apply at the hearing, and hearsay testimony will be allowed and shall be admissible.
(c) If, after the conclusion of the hearing, the watch commander or supervising officer determines that there is probable cause to believe that the vehicle was used as hereinabove provided in § 70.041 of this chapter and that no driver fulfilling all of the criteria set forth in § 70.042 of this chapter was available to remove the motor vehicle from the scene of the traffic stop, the watch commander or supervising officer shall order the continued impoundment of the vehicles, unless the owner of the vehicle posts a cash bond with the city in the amount of $500, plus the towing and storage costs.
(d) If the watch commander or supervising officer determines that there is not probable cause to believe that the vehicle was used as hereinabove provided in § 70.041 of this chapter, or that an alternative driver fulfilling all of the criteria set forth in § 70.042 of this chapter was available to safely remove the motor vehicle from the scene of the traffic stop, then the motor vehicle shall be returned to the owner of record of the vehicle without any penalty or other costs.
(B) Final hearing.
(1) Notice of hearing. Within 45 days after a motor vehicle is seized and impounded pursuant to this subchapter, the city shall notify the owner of record of the vehicle of the date, time and location of a final hearing. Such notice shall be mailed by certified mail, return receipt requested, to the owner of record, as shown on the records of the Illinois Secretary of State. Notice by certified mail need not be given when the owner of the vehicle has been personally served with notice in written form of the time, date and location of the hearing.
(2) Requesting a hearing. A person whose vehicle is seized pursuant to this subchapter may apply for a hearing to assert that he or she or the person driving the vehicle was not in violation of this subchapter at the time the vehicle was seized. The application for a hearing shall be made no later than seven days after notice has been given either personally or by certified mail, whichever is applicable in the given circumstance. The application to request a hearing shall be provided by the city at the time that notice is given. The bond shall be forfeited in the event a hearing is not requested as provided for in this section. After an application for hearing is received by the city, a subsequent notice shall be sent to the person that requested the hearing notifying that person of the date, time and location of the hearing.
(3) Hearing. For purposes of this section, the following shall apply at an owner’s final hearing.
(a) Unless continued by order of the Hearing Officer, the hearing shall be held within 60 days after the motor vehicle was seized.
(b) All interested persons shall be given a reasonable opportunity to be heard at the hearing.
(c) If, after the conclusion of the hearing, the Hearing Officer determines by a preponderance of the evidence that the vehicle was used as hereinabove provided in § 70.041 of this chapter and that no driver fulfilling all of the criteria set forth in § 70.042 of this chapter was available to remove the motor vehicle from the scene of the traffic stop, the Hearing Officer shall order the continued impoundment of the vehicle until the owner of the vehicle pays to the city a penalty in the amount of $500, plus the towing and storage costs. The penalty and costs shall be a debt to the city.
(d) If the owner of record fails to appear at the hearing, the Hearing Officer shall enter an order of default in favor of the city, which order shall require the payment to the city of an administrative penalty of $500.
(e) If the Hearing Officer determines that the vehicle was not used as provided in § 70.041 of this chapter, or that such vehicle was so used but that a driver fulfilling all of the criteria set forth in § 70.042 of this chapter would have been available to safely remove the motor vehicle from the scene of the traffic stop, then the motor vehicle shall be returned to the owner of record of the vehicle without any penalty or other costs, or, if a cash bond had previously been posted, the cash bond shall be returned.
(Prior Code, § 70.045) (Ord. 07-112, passed 12-11-2007; Ord. 2016-001, passed 1-12-2016)