(A) If an administrative fee is imposed pursuant to this section, such fee shall constitute a debt due and owing to the village. If a cash bond has been posted, the bond shall be applied to the fee. If a vehicle has been impounded when such a fee is imposed, the village may seek to obtain a judgment on the debt and enforce such judgment against the vehicle as provided by law. Except as provided otherwise in this section, a vehicle shall continue to be impounded until:
(1) The fee, plus any applicable towing and storage fees, are paid to the village, in which case possession of the vehicle shall be given to the person who is legally entitled to possess the vehicle; or
(2) The vehicle is sold or otherwise disposed of to satisfy a judgment or enforce a lien as provided by law. If the administrative fee and applicable fees are not paid within 30 days after an administrative fee is imposed against an owner of record who defaults by failing to appear at the hearing, the vehicle shall be deemed abandoned and shall be disposed of in the manner provided by law for the disposition of abandoned vehicles under Chapter 90 of this Code. In all other cases, if the administrative fee and applicable fees are not paid within 30 days after the expiration of the time during which administrative review of the hearing officer's determination may be sought, or within 30 days after an action seeking administrative review has been resolved in favor of the village, whichever is applicable, the vehicle shall be deemed abandoned and shall be disposed of in the manner provided by law for the disposition of abandoned vehicles under Chapter 90 of this Code.
(B) Except as otherwise specifically provided by law, no owner, lien holder or other person shall be legally entitled to take possession of a vehicle impounded under this section until the civil fee of all other towing, storage and other fees applicable have been paid. However, whenever a person with a lien of record against an impounded vehicle has commenced foreclosure proceedings, possession of the vehicle shall be given to that person if he or she agrees in writing to refund to the village the amount of the net proceeds of any foreclosure sale, less any amounts required to pay all lienholders of record, not to exceed $500 plus all applicable towing and storage fees.
(C) The administrative fee provided in this chapter shall be in addition to any fee that may be assessed by a court of law or other entity for the underlying offense.
(Ord. 1066, passed 9-20-99; Am. Ord. 1647, passed 4-18-11)