(A) For those vehicles not subject to the provisions of § 75.22, a police officer is authorized to impound and tow or have towed by a commercial towing service to a place of safe storage any illegally parked, abandoned, or inoperable vehicle located on either public or private property and in view of the general public, so long as such removal is in compliance with the provisions of divisions (A) through (F).
(B) A police officer finding an illegally parked, abandoned, or inoperable vehicle located on public property and not subject to § 75.22 shall affix to such vehicle, in a conspicuous location, in the form of an adhesive sticker, notice informing the owner that the vehicle must be removed within 72 hours or else the vehicle will be impounded and towed. The contents of the notice shall be as set forth herein.
(C) A police officer finding an illegally parked, abandoned, or inoperable vehicle on private property and in view of the general public shall affix to such vehicle, in a conspicuous location, in the form of an adhesive sticker, notice informing the owner of the vehicle that the vehicle must be removed within seven days, or else the vehicle will be impounded and towed. The contents of such notice shall be as set forth herein. If access to the private property cannot be gained, then a notice substantially the same as that given to the vehicle's registered owner shall be sent to the private property owner. Notice sent to the person last paying property taxes on such property shall be deemed sufficient as notice upon the property owner.
(D) Prior to the impoundment and towing of any vehicle pursuant to division (A) and after notice of removal has been given pursuant to divisions (B) or (C), the owner of the vehicle has a right to a pre-tow administrative hearing before the Village President or the Village President's designee to determine whether there is probable cause to impound and tow the vehicle, provided such person files a written demand, on forms so provided for such a hearing with the police department of the village within 48 hours after the person has been notified of the impending impoundment and towing of the vehicle. The term “notified” as used in the preceding sentence shall mean providing notice as set forth in § 75.23.
(E) When the identity of the owner of any abandoned or inoperable vehicle cannot be reasonably determined by any means provided in this section, or when the owner of such a vehicle has been sent notice of the impending impoundment and towing of the vehicle but has failed to file a timely written demand for a pre-tow administrative hearing as provided herein, a police officer may impound and tow such a vehicle in accordance with division (A) upon the expiration of the notice required by this section.
(F) Nothing herein shall be construed as a limitation upon the authority of any law enforcement officer to issue a traffic or parking citation or for the village to pursue other legal remedies for the removal of any vehicle subject to removal under this section.
(Ord. 535, passed 4-7-1997)