(A) Preliminary hearing. At or near the time the vehicle is towed, the Village of Channahon shall notify any person who is found to be in control of the vehicle at the time of the alleged violation of their ability to request a preliminary hearing. A preliminary hearing shall be held only if the owner of record or lessee of a vehicle seized pursuant to § 97.01 files a written request for a preliminary hearing and the written request is filed at the Channahon Police Department during normal business hours within 24 hours of the motor vehicle seizure, excluding weekends and legal holidays. If a request for a preliminary hearing is timely filed, the Chief of Police or his/her designee shall conduct such hearing within five days after the seizure, excluding weekends and legal holidays, unless extended and agreed upon in writing by the owner of the record, or lessee. The preliminary hearing shall be informal, not subject to the rules of evidence, and may be conducted over the phone. The Chief of Police or designee will determine whether there is probable cause to believe the vehicle is subject to seizure and impoundment pursuant to § 97.01, shall memorialize his or her decision in writing, and shall place a copy of the decision in the Channahon Police Department's file for the administrative hearing. In cases where probable cause exists, the Chief of Police or designee shall order the continued impoundment of the vehicle until the administrative hearing unless the owner of the vehicle posts with the Channahon Police Department a cash bond in an amount not to exceed $500 and shows proof that all applicable towing and storage fees as required by the towing and/or storage companies have been paid, or if the owner of record or lessee of the vehicle provides written waiver of the administrative hearing and pays an administrative fee not to exceed $500 and all applicable towing and storage fees as required by the towing and/or storage companies. In those cases where probable cause does not exist, the hearing officer shall order the immediate release of the vehicle.
(B) Unless otherwise waived in writing, within ten days after the vehicle is seized and impounded pursuant to § 97.01, the village shall notify the registered owner of record or lessee of the vehicle, and any lienholder of record a notice that reasonably informs the recipients that a written demand for an administrative hearing must be delivered to the Channahon Police Department via US First Class Mail or Personal Delivery within 30 days of the village's notice or otherwise the opportunity for an administrative hearing is waived. If the registered owner of record or lessee of the vehicle and any lienholder of record delivers a written demand for hearing within 30 days of the village's notice, the village shall schedule and provide notice for the date, time, and location of the administrative hearing. The hearing shall be scheduled and held no later than ten days after receipt of the written demand for an administrative hearing, unless otherwise agreed and continued by both parties. Failing to deliver written demand for an administrative hearing within 30 days or failing to appear at the scheduled administrative hearing shall forfeit one's right to an administrative hearing, forfeit to the village any administrative fee posted to secure the release of the vehicle, and the registered owner or lessee of the vehicle shall be liable to the village for fees including but not limited to an administrative fee in an amount not to exceed $500, plus any applicable towing and storage fees as required by the towing and/or storage companies.
(C) The hearing shall be conducted by a hearing officer who is an attorney licensed to practice law in Illinois for a minimum of three years. The hearing officer is authorized to administer oath and to issue subpoenas to compel the attendance and testimony of witnesses and the presence of relevant books and records for the hearing. The parties may be represented by counsel and all interested persons shall be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence will not apply at the hearing. The hearing shall be recorded. At the hearing, the hearing officer will determine whether there was probable cause to believe the vehicle was subject to seizure and impoundment pursuant to § 97.01.
(D) After the hearing concludes, the hearing officer shall issue a written decision either sustaining or overruling the vehicle impoundment or forfeiture of the right to administrative hearing for failing to appear. If the basis for the vehicle impoundment is sustained by the hearing officer, any administrative fee posted to secure the release of the vehicle shall be forfeited to the village and the hearing officer shall enter an order finding the registered owner or lessee of the vehicle liable to the village for fees including but not limited to an administrative fee in an amount not to exceed $500, plus any applicable towing and storage fees as required by the towing and/or storage companies. If the administrative hearing officer finds that the village's impound of the vehicle exceeded its authority under this chapter, the village shall be liable to the registered owner or lessee of the vehicle for the cost of storage fees and reasonable attorney's fees. If the owner of record fails to appear at the hearing, the hearing officer shall enter a default order in favor of the village requiring the payment to the village of an administrative fee in the amount not to exceed $500, plus any applicable towing and storage fees as required by the towing and/or storage companies.
(E) All final decisions of the administrative hearing officer shall be subject to review under the provisions of the Administrative Review Law.
(Ord. 1066, passed 9-20-99; Am. Ord. 1609, passed 2-1-10; Am. Ord. 1647, passed 4-18-11; Am. Ord. 2028, passed 10-5-20)