A. Hearing: Upon the receipt of the request for hearing to contest the validity of the immobilization or towing and impoundment, the traffic compliance administrator shall schedule an administrative hearing to contest the validity of the immobilization or towing and impoundment on the next available hearing date or if sooner scheduled by the traffic compliance administrator for good cause shown, but in no case shall the hearing be scheduled later than sixty (60) days after the request for hearing is filed.
1. The traffic compliance administrator shall serve notice of the hearing date upon the registered owner.
2. Notice shall be sent by certified or first class mail, postage prepaid to the address as is set forth on the request for hearing.
3. Service of the notice shall be complete on the date it is placed in the United States mail.
B. Vehicle Ownership, Prima Facie Proof: The fact that an automobile which is in violation of this code is registered in the name of a person shall be considered prima facie proof that such person was in control of the automobile at the time of such parking.
C. Final Administrative Decision: An order entered after the hearing to contest the validity of the immobilization or towing and impoundment is a final administrative decision within the meaning of 735 Illinois Compiled Statutes 5/3-101 et seq., incorporated herein by reference.
D. Release Of Vehicle: A vehicle impounded pursuant to this chapter shall be released to the registered owner thereof, or his, her or its agent, upon payment of the fines and penalties for the underlying violations due and owing the village as specified in the posttowing notice as described in section 7-4-16 of this chapter and the payment of towing charges and accrued daily storage charges, immobilization fees and impoundment fees as more fully described in section 7-4-13 of this chapter or upon order of the hearing officer following the hearing contesting the validity of the impoundment.
E. Judicial Review: Judicial review of final determinations of vehicular standing, parking, or compliance regulation violation(s) and final administrative decisions issued after hearing(s) regarding vehicle immobilization or towing and impoundment made under this section shall be subject to the provisions of the administrative review law as is set forth in 735 Illinois Compiled Statutes 5/3-101 et seq., incorporated herein by reference.
F. Debt To Village: Any fine, penalty or part of any fine or any penalty assessed in accordance with the provisions of this chapter and remaining unpaid after the exhaustion of, or the failure to exhaust administrative remedies created under this section and the conclusion of any judicial review procedures shall be a debt due and owing the village and, as such, may be collected in accordance with the applicable law. Payment in full of any fine or penalty resulting from a standing, parking, or compliance violation shall constitute a final disposition of that violation.
G. Judgment: The traffic compliance administrator shall, following the expiration of the period within which administrative or judicial review may be sought for a final determination of violation, take all necessary action(s), execute all required documents and collect monies from the person(s) who has been assessed fines or penalties which remain unpaid and have become a debt due and owing the village in accordance with the provisions of this chapter and 625 Illinois Compiled Statutes 5/11-208.3 plus costs by:
1. Filing a complaint in the circuit court for the entry of a judgment against the person for whom a final determination of standing, parking, or compliance regulation violation(s) liability has been made.
2. The complaint filed by the traffic compliance administrator or individual or agency on behalf of the village seeking entry of a judgment against the registered owner of the motor vehicle for unpaid fines and/or penalties pursuant to a final determination of standing, parking, or compliance regulation violation(s) shall have appended:
a. A certified copy of the final determination of the standing, parking, or compliance regulation violation(s).
b. A certification that recites facts sufficient to show that the final determination of standing, parking, or compliance regulation violation(s) was issued in accordance with this section and 625 Illinois Compiled Statutes 5/11-208.3.
H. Lienholders: Whenever a person or other entity with a lien of record against an impounded motor vehicle has proof of commenced repossession proceedings, and also provides the village with a hold harmless letter, possession of the motor vehicle shall be given to that lienholder upon payment of any immobilization or impoundment fees, all towing and storage cost and all other charges, fines and penalties specified in this chapter.
I. Consolidation Of Multiple Final Determinations: Nothing shall prevent the village from consolidating multiple final determinations of standing, parking, or compliance regulation violation(s) liability in an action in the circuit court against an individual and from pursuing all available remedies, allowed by law, to collect money judgments.
J. Maximum Fines: Service of process and a copy of the complaint may be served upon the person against whom a judgment is sought under the provisions of this chapter by any method provided under 735 Illinois Compiled Statutes 5/2-203, incorporated by reference, or by certified mail, return receipt requested, provided the total amount of fines and penalties for final determination of standing, parking, or compliance regulation violation(s) does not exceed two thousand five hundred dollars ($2,500.00). (Ord. 09-66, 12-21-2009)