Within forty eight (48) hours after a vehicle is towed/impounded pursuant to this chapter, a representative of the Village shall notify the owner of record by certified mail, return receipt requested at the address of the owner as it appears in the records of the Secretary of State, of his or her right to request a hearing before a Hearing Officer to determine whether the subject vehicle is eligible for impoundment pursuant to this section. The notice shall state the penalties that may be imposed if no hearing is requested, including that a vehicle that is not released by payment of the penalty and fees may be sold or disposed of by the Village in accordance with applicable law. The owner of record seeking a hearing must file a written request for a hearing with the Village no later than fifteen (15) days after the notice was mailed.
Upon receiving a written request for a hearing, the Chief of Police shall review the file and determine whether the facts of the situation are such that the Village should dismiss the impoundment charge. If the Chief of Police determines not to dismiss the impoundment charge upon his or her review, the hearing shall be conducted by the Hearing Officer appointed by the Mayor under authority of this Code.
The hearing shall be scheduled and held, unless continued by order of the Hearing Officer, no later than forty five (45) days after the request for a hearing has been filed. No less than ten (10) days prior to the hearing, the Hearing Officer will notify the owner of record, by mail, of the date, time and location of the hearing. All interested persons shall be given an opportunity to be heard at the reconvened hearing. At any time prior to the hearing the Hearing Officer may, at the request of the Village or the owner, direct witnesses to appear and give testimony at the hearing. The formal rules of evidence will not apply during the hearing, but hearsay evidence shall be admissible only if it is of the type commonly relied upon by reasonably prudent persons in the conduct of their affairs. If, after considering evidence received during the hearing, the Hearing Officer determines by a preponderance of the evidence that the vehicle was used in connection with the commission of an offense set forth in section 9-11-1 of this chapter, the Hearing Officer shall enter an order finding the owner of the vehicle civilly liable to the Village of an administrative and processing fee of five hundred dollars ($500.00). If bond has been posted in accordance with section 9-11-6 of this chapter, all sums due the Village and the tow operator for towing and impoundment fees shall be distributed to the Village and tow operator, as the case may be. If the Hearing Officer enters an order finding the owner of record liable to the Village for the administrative fee, any vehicle still impounded shall continue to be impounded until the owner pays the administrative fee to the Village plus all applicable towing and storage charges to the tow operator.
If the Hearing Officer finds by a preponderance of the evidence that the vehicle was not used in connection with the commission of an offense set forth in section 9-11-1 of this chapter, the Hearing Officer shall order the immediate return of the owner's vehicle and of any cash bond and may order a return of towing and impoundment fees (if said fees were paid in advance of the hearing).
If the owner of record fails to timely request a hearing the Hearing Officer shall enter a default order in favor of the Village. (Ord. 682A, 1-9-2019)