A. Notice Of Hearing: Unless the owner has waived notice, within ten (10) days of the vehicle's impoundment, the city shall notify the owner of record of the motor vehicle by first class mail, postage prepaid, of his/her right to a full hearing before a hearing officer to determine whether the subject vehicle is eligible for impoundment; and that, in the event that the owner of record would like a hearing, he/she must file a request for such hearing in writing with the city of Chenoa police department at 201 Green Street, Chenoa, Illinois, within fifteen (15) days of the posted date of the notice. If a written request is not received within fifteen (15) days of mailing the notice, then the owner is defaulted and the impoundment fee will be kept by the city or if no fee posted, then the vehicle can be sold as abandoned thirty (30) days after the default.
B. Notification: In the event a hearing is requested, the city shall notify the owner of record of the motor vehicle by first class mail, postage prepaid, of the date, time, and location of the hearing. If known to the city, the city shall also notify any lessees or lienholders of the date, time, and location of the hearing by first class mail.
C. Hearing: For purposes of this section, the following shall apply to the owner's hearing:
1. Unless continued by order of the hearing officer, the hearing shall be held within thirty (30) days after a request for hearing is received by the city of Chenoa police department.
2. All interested persons will be given a reasonable opportunity to be heard at the owner's hearing.
3. 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 section 6-6-2 of this chapter, the hearing officer shall issue a written decision ordering the continued impoundment of the vehicle until the owner of the vehicle pays to the city a penalty in the amount of four hundred dollars ($400.00), plus the towing and storage costs. The penalty shall be a debt due to the city.
4. If the owner of record fails to appear at the hearing, the hearing officer shall enter a written order of default in favor of the city, which order shall require the payment to the city of an administrative penalty of four hundred dollars ($400.00).
5. If the hearing officer determines that the vehicle was not used as hereinabove provided in section 6-6-2 of this chapter, the hearing officer shall issue a written decision so stating and the motor vehicle will be returned to the owner of record of the vehicle without any penalty or other costs, other than the cost of towing and storage; and, if a cash bond had previously been posted, the cash bond shall be returned. (Ord. 631, 1-14-2013)