A. The notice required in section 7-9-2 of this chapter shall state the name and address of the registered owner, the state registration number of the vehicle, the nature of the ordinances violated and the numbers and issue dates of the outstanding complaints. The notice shall also advise that a person may challenge the validity of the notice of impending vehicle immobilization by requesting, in writing, a preimmobilization hearing.
The registered owner of vehicle, who has received notice of impending immobilization or whose vehicle's registration number has been placed on the immobilization list, shall have the right to a preimmobilization hearing to determine whether the vehicle was properly included on an immobilization list, if the owner files a written demand for a hearing with the chief of police. A preimmobilization hearing shall be conducted by the chief of police, or his designee, within two (2) business days of the receipt of a written demand for hearing unless otherwise mutually agreed by the parties. A preimmobilization hearing provided by this section shall not determine the validity of or otherwise adjudicate any citation or notice of violation issued relative to the eligible vehicle.
The registered owner shall appear in person and submit evidence which would conclusively disprove liability, such as the following:
1. The person was not the owner or lessee of the vehicle on the date or dates the notices of violation were issued; or
2. The fines or penalties for the violations cited in the report were paid. (Ord. M-46-96, 9-16-1996)
B. Upon immobilization of an eligible vehicle, a notice shall be fixed to the vehicle in a conspicuous place. Such notice shall warn that the vehicle is immobilized and that any attempt to move the vehicle may result in its damage.
The notice shall also state that the unauthorized removal of or damage to the immobilizing restraint is a violation of sections 16-1 and 21-1 of the Illinois criminal code. The notice shall provide information specifying how release of the immobilizing restraint may be had. (Ord. M-61-03, 9-15-2003)
C. Except where the vehicle is otherwise subject to towing, if the immobilizing restraint has not been released pursuant to subsection D of this section within twenty four (24) hours of its placement, the restraint may be released and the vehicle towed and impounded. (Ord. M-46-96, 9-16-1996)
D. The owner of an immobilized vehicle or other authorized person shall be permitted to secure release of the vehicle by:
1. Paying the immobilization and towing and storage fees, if applicable, specified in section 7-9-4 of this chapter and paying all the fines and penalties, if any, on the outstanding complaints specified in the notice of impending vehicle immobilization.
2. Payment shall be in the form of currency, traveler's checks, money order, certified check, Visa, Master Card, or Discover, but no personal checks shall be acceptable. (Ord. M-61-03, 9-15-2003)
E. Within ten (10) days after a vehicle has been impounded, notice of impoundment shall be sent by certified mail, return receipt requested, to the registered owner of the vehicle at the address to which the notice specified in section 7-9-2 of this chapter was mailed. The notice shall state that the owner has the right to a postimmobilization and posttowing hearing, as provided in subsection F of this section, and that if the car is not claimed within thirty (30) days from the date of the notice, the vehicle may be sold or otherwise disposed of in accordance with this chapter.
F. The owner of an immobilized vehicle shall have the right to a postimmobilization hearing to determine whether the immobilization or any subsequent towing was erroneous or whether the vehicle was properly included on an immobilization list, if the owner files a written demand for a hearing with the chief of police within fourteen (14) days after issuance of the notice specified in subsection E of this section or within fourteen (14) days of the immobilization, whichever is later. A postimmobilization hearing shall be conducted by the chief of police, or his designee, within two (2) business days of the receipt of a written demand for hearing unless otherwise mutually agreed by the parties. Failure to request or attend a scheduled postimmobilization hearing shall be deemed a waiver of the right to a hearing. In the event of such failure, any amount deposited pursuant to subsection D of this section shall be forfeited. A postimmobilization hearing provided by this section shall not determine the validity of or otherwise adjudicate any citation or notice of violation issued relative to the immobilized vehicle. (Ord. M-46-96, 9-16-1996)