(A) Within ten (10) days after a vehicle is seized and impounded pursuant to this chapter, or not impounded by operation of section 6-13-5 of this chapter, the city shall notify by certified mail, return receipt requested, the owner of record of the date, time and location of a hearing that will be conducted pursuant to this section.
(B) A hearing shall be scheduled and held, unless continued by order of the city code hearing officer, not more than thirty (30) days, or not less than seven (7) days after the vehicle was seized. All interested persons shall be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence shall not apply at the hearing and hearsay evidence shall be admissible. The hearing shall be open to the public and shall be recorded. If the city of East Moline shall enter into an intergovernmental agreement providing for the shared use of the code enforcement hearing officer, the notice and hearing date rules established pursuant to the intergovernmental agreement shall apply to this subsection.
(C) If, after the hearing, the city code hearing officer determines by a preponderance of the evidence that the vehicle had been stolen prior to the alleged violation, he shall enter an order dismissing the procedure. If, however, he determines by a preponderance of the evidence that the vehicle was not stolen prior to the violation, he shall enter an order requiring the vehicle to continue to be impounded for the applicable length of time provided for in this section and until the owner pays the fees imposed under sections 6-13-3 and 6-13-4 of this chapter if the vehicle is still in the custody of the city. If the vehicle is not in the city's custody, then subsection (D) of this section shall apply.
(D) If a bond had been posted and the owner has possession of the vehicle, the city code hearing officer shall enter an order deducting the fees imposed under sections 6-13-3 and 6-13-4 of this chapter as if the vehicle was actually held for the time period specified from the cash bond that was posted.
(E) In the event the defendant wishes to appeal the decision of the city code hearing officer under the provisions of the administrative review act, said defendant shall pay the cost of the preparation and transcription of the record of the hearing and shall appeal to the circuit court.
(F) If the city code hearing officer determines that there is no such probable cause, the vehicle will be returned without penalty or other fees.
(G) The penalty and fees shall be a debt due and owed to the city. However, if a cash bond has been posted, the bond shall be applied to the fine. If the city code hearing officer determines that the vehicle was not used with the permission, express or implied, of the owner, he or she shall order the return of the vehicle or cash bond. In the event it shall become necessary for the city to collect the debt by filing an action in the circuit court, they shall be entitled to recover, in addition to the amount due, court costs and reasonable attorney fees.
(H) Notwithstanding any other provisions of this section, whenever a person with a lien of record against a vehicle impounded under this chapter 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 city the net proceeds of any foreclosure sale, less any amounts necessary to pay all lien holders of record, up to the total amount of penalties and fees imposed under sections 6-13-3 and 6-13-4 of this chapter.
(I) In addition to the hearing procedures set forth in the preceding subsections of this section, every owner who has his or her car impounded pursuant to this chapter shall be entitled to a probable cause hearing before the city's code hearing officer, or if he or she is not available, before an impartial Illinois licensed attorney at law, on the question of whether or not the vehicle has been operated as a public nuisance in violation of subsections 6-13-2(A)1 through (A)13 of this chapter. This hearing, if requested, shall occur no later than two (2) business days from the time of the owner's request for such a hearing. The owner's request for a probable cause hearing must be made in writing to the city of East Moline police department within three (3) days of receiving notice of the right to such a probable cause hearing. (Ord. 09-01, 2-17-2009)