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§ 70.089 RECORD SEARCHES.
   (A)   If the Police Department is unable to determine the identity of the registered owner, lienholder or other legally entitled person, of an impounded vehicle, the Police Department shall cause the vehicle registration records of the state to be searched by the Secretary of State for the purpose of obtaining the required ownership information.
   (B)   The Police Department will cause the stolen motor vehicle files of the State Police to be searched by a directed communication to the State Police for stolen or wanted information on the vehicle. The information determined from these record searches will be used to send a notification by certified mail to the registered owner, lienholder and other legally entitled persons advising where the vehicle is held, requesting a disposition be made and setting forth public sale information. Notification shall be sent no later than ten business days after the date of impoundment, provided that if the Police Department is unable to determine the identity of the registered owner, lienholder or other person legally entitled to ownership of the impounded vehicle within a ten- business day period after impoundment, then notification shall be sent no later than two days after the date the identity of the registered owner, lienholder or other person legally entitled to ownership of the impounded vehicle is determined. Exceptions to a notification by certified mail to the registered owner, lienholder and other legally entitled persons are set forth in § 4-209 of Illinois Vehicle Code, being 625 ILCS 5/4-209.
(Ord. 2016-001, passed 1-12-2016)
§ 70.090 IDENTIFYING AND TRACING OF VEHICLE OWNERSHIP.
   When the registered owner, lienholder or other person legally entitled to the possession of a vehicle cannot be identified from the registration files of this state or from the registration files of a foreign state, if applicable, the Police Department shall notify the State Police, for the purpose of identifying the vehicle owner or other person legally entitled to the possession of the vehicle.
(Ord. 2016-001, passed 1-12-2016)
§ 70.091 DISPOSAL OF HAZARDOUS DILAPIDATED MOTOR VEHICLES.
   Any hazardous dilapidated motor vehicle impounded pursuant to the provisions of this subchapter and § 11-40-3.1 of the Illinois Municipal Code, being 65 ILCS 5/11-40-3.1, whether impounded at a public facility or on the property of a private towing service, shall be kept in custody for a period of ten days for the purpose of determining the identity of the registered owner or lienholder and contacting such owner or lienholder, if known, by regular U.S. Mail. At the expiration of the ten-day period, without the benefit of disposition information being received from the registered owner or lienholder, the Police Department shall authorize the disposal of the vehicle as junk.
(Ord. 2016-001, passed 1-12-2016)
§ 70.092 POLICE REPORTS AFTER VEHICLE IS RECLAIMED OR DISPOSED OF.
   When a vehicle is reclaimed by the registered owner, lienholder or other legally entitled person, or when the vehicle is sold at public sale or otherwise disposed of, a report of the transaction will be maintained by the Police Department for a period of one year from the date of the sale or disposal.
(Ord. 2016-001, passed 1-12-2016)
§ 70.093 DISPOSITION OF PROCEEDS OF SALE OF UNCLAIMED VEHICLES.
   When a vehicle located within the corporate limits of a city, village or town is authorized to be towed away by the Police Department and disposed of as set forth herein, the proceeds of the public sale or disposition after the deduction of towing, storage and processing charges shall be deposited in the treasury of the city.
(Ord. 2016-001, passed 1-12-2016)
§ 70.094 FAILURE TO PAY FINES, CHARGES AND COSTS.
   Whenever any Illinois resident fails to pay any fine, charge, or cost imposed for a violation of § 70.085, the City Clerk shall notify the Secretary of State and make application to prohibit the renewal, reissue or reinstatement of the resident’s driving privileges until the fine, charge or cost has been paid in full. The City Clerk shall provide notice to the owner, at the owner’s last known address as shown on the court’s records stating that the action will be effective on the forty-sixth day following the date of the above notice if payment is not received in full by the court of venue.
(Ord. 2016-001, passed 1-12-2016)
§ 70.095 PRE-TOW AND POST-TOW HEARING PROCEDURES.
   (A)   (1)   Opportunity for pre-tow hearing. The owner or person entitled to possession of a vehicle to be towed as an abandoned vehicle shall have seven days after the date of mailing or personal delivery of the notice to request, in writing, a pre-tow hearing. Subsequent to this seven-day period, the vehicle may be towed if the owner has not filed a written hearing request within the seven-day period, and any hearing rights under the provisions of this subchapter will be deemed waived.
      (2)   Scheduling of pre-tow hearings. The pre-tow hearing shall be scheduled for a date within 14 days of the mailing or personal delivery of the pre-tow notice. The city shall not be required to delay towing longer than such 14-day period.
      (3)   Request for pre-tow hearings. Requests
for a pre-tow hearing are to be made to the Police Department. Requests for hearing by persons who reside more than 50 miles from the city 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.
      (4)   Appointment of Hearing Officer. The Deputy Chief of Police or his or her designee shall serve as the hearing officer. In no case shall that Hearing Officer be an individual who was involved in the initial decision to tow the vehicle. The Hearing Officer shall have the authority to require the presence of the enforcement officer who initiated the proposed tow or any other city personnel.
   (B)   (1)   Nature of hearing. The hearing shall be informal in nature, and the rules of evidence shall not apply. The hearing wall not be determinative of, or adjudicate, any citation relative to any vehicle. After receiving all relevant evidence, the Hearing Officer shall make a written decision based 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 city, with a specific statutory or ordinance section cited in the decision. The owner shall be provided a copy of such pre-tow hearing decision.
      (2)   Decision to tow and rates to be charged. If the preponderance of the evidence supports towing and compliance with the provisions of this subchapter, the Hearing Officer shall direct that the vehicle be towed or, to the extent required by law, then an appropriate court order for towing from private property be obtained, with any towing and storage costs to then be imposed upon the owner thereof. The owner of said 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.
      (3)   Decision not to tow. If the preponderance of the evidence fails to support towing of the vehicle, the Hearing Officer shall direct that the vehicle shall not be towed. The city shall furnish a copy of such decision to the owner, who may place it inside the vehicle in a location plainly visible from the outside, such as the dashboard or rear window. No vehicle about which such a decision has been rendered shall be towed by the city unless the circumstances under which the decision was rendered have changed. If at some subsequent time the city should wish to tow the vehicle from the same location, it shall follow the same procedures required for the towing of any other similarly situated vehicle.
      (4)   Contesting or appealing decisions. The owner may contest the decision of the Hearing Officer in any manner provided by law.
(Ord. 2016-001, passed 1-12-2016)
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