(A) Preliminary hearings.
(1) If the owner of record of a vehicle seized pursuant to § 130.02 above desires a preliminary hearing, the owner must make a written request for the preliminary hearing and file it with the Chief of Police, or his or her designee, within 72 hours of the seizure.
(2) If a request for a preliminary hearing is timely filed, the Hearing Officers of the village shall conduct the hearing within 72 hours after the request, excluding Saturdays, Sundays and holidays.
(3) All interested persons shall be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence will not apply at the hearing, and hearsay evidence shall be admissible.
(4) If after the hearing, the Hearing Officers determine that there is probable cause to believe that the vehicle was used in the Commission of any crime set forth in § 130.02 above and that no exception applies, the Hearing Officers shall order the continued impoundment of the vehicle unless its owner posts a cash bond in accordance with the administrative penalty schedule set forth in § 130.99 below, plus any applicable towing and storage fees and shall schedule a final hearing in accordance with division (B) below.
(5) If the Hearing Officers determine that there is no such probable cause, the vehicle (without penalty or other fees) or previously paid penalties and fees will be returned to the owner of the motor vehicle.
(B) Final hearings.
(1) Unless a preliminary hearing has been requested, within ten days after a motor vehicle is seized and impounded pursuant to § 130.02 above, the village shall notify by certified mail, return receipt requested, the owner of record of the date, time and location of the hearing to be conducted. The hearing shall be scheduled and held, unless continued by order of the Hearing Officer, between 14 and 45 days after the vehicle was seized.
(2) All interested persons shall be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence will not apply at the hearing, and hearsay evidence shall be admissible.
(3) If, after the hearing, the Hearing Officers determine by a preponderance of evidence that the vehicle was used in commission of any crime set forth in § 130.02 above and that no exception applies, the Hearing Officers shall enter an order finding the owner of record of the vehicle civilly liable to the village and impose an administrative penalty in accordance with the administrative penalty schedule set forth in § 130.99 below.
(4) If the owner of record fails to appear at the hearing, the Hearing Officer shall enter a default order in favor of the Village of Elwood requiring payment to the village of an administrative penalty in accordance with the administrative penalty schedule set forth in § 130.99 below. If, after the hearing, the Hearing Officers do not determine by a preponderance of the evidence that the vehicle was used in the commission of a crime set forth in § 130.02 above or that an exception applies, the Hearing Officers shall enter an order finding for the owner and for the immediate release of the vehicle (without penalty or other fee) or previously paid penalty and fees.
(C) Location of hearings. Preliminary and final hearings shall be conducted at 100 Mississippi Avenue, Elwood, Illinois 60421, unless otherwise notified by the village.
(D) Debt owed to Village of Elwood. If an administrative penalty is imposed pursuant to this section, the penalty shall constitute a debt due and owing the village which may be enforced in any manner provided by law. Any cash bond paid shall be applied to the penalty. If a vehicle has been impounded when such a penalty is imposed, the village may seek to obtain a judgment on the debt and enforce the judgment against the vehicle as provided by law.
(E) Continued impoundment of vehicle.
(1) Except as provided otherwise in this section, a vehicle shall continue to be impounded until:
(a) The penalty, plus any applicable towing and storage fees, is paid to the village, in which case possession of the vehicle shall be given to the person who is legally entitled to possess the vehicle; or
(b) The vehicle is sold or otherwise disposed in order to satisfy a judgment to enforce a lien as proved by law.
(2) Any motor vehicle that is not reclaimed within 30 days after the expiration of the time during which the owner of record may seek judicial review of the village’s action under this chapter, or if judicial review is sought the time at which a final judgment is rendered in favor of the village, or the time a final administrative decision is rendered against any owner of record who is in default may be disposed as an unclaimed vehicle as provided by law for the disposition of unclaimed vehicles under § 4-208 of the Illinois Vehicle Code (ILCS Ch. 625, Act 5, § 4-208).
(3) Except as otherwise specifically provided by law, no owner, lien-holder or other person shall be legally entitled to take possession of a vehicle impounded under this section until the civil penalty and fees applicable under this section have been paid.
(4) However, whenever a person with a lien of record against an impounded vehicle has commenced foreclosure proceedings, possession of the vehicle shall be given to that person or entity if he or she agrees in writing to remit to the village a portion of the net proceeds of any foreclosure sale, after payment in satisfaction of all recorded liens on the vehicle, in accordance with the administrative penalty schedule set forth in § 130.99 below hereunder, plus any applicable towing and storage fees.
(F) Owner of record. For purposes of this section, the OWNER OF RECORD of a vehicle is the record titleholder as registered with the Illinois Secretary of State or other state licensing agency.
(Ord. 753, passed 5-19-2004)