(A) Notice of hearing. Within ten days of the vehicle’s impoundment, the city shall notify the owner of record of the motor vehicle by certified mail, return receipt requested, and first class mail, postage prepaid, of his/her right to a full hearing before the Hearing Officer to determine whether the subject vehicle is eligible for impoundment; and that, in the event the owner of record would like a hearing, he or she must file a request for such hearing in writing to the Farmer City Police Department at 105 South Main Street, Farmer City, Illinois, within 15 days of the posted date of the notice. If a written request is not received within fifteen days of mailing the notice, then the owner is defaulted and the impoundment fee will be kept by the city or if no fee posted, then the vehicle can be sold as abandoned 30 days after the default.
(B) Hearing. For purposes of this section, the following shall apply to the owner’s hearing:
(1) Unless continued by order of the hearing officer, the hearing shall be held within 30 days after a request for hearing is received by the Farmer City Police Department;
(2) All interested persons will be given a reasonable opportunity to be heard at the preliminary hearing;
(3) If, after the conclusion of the hearing, the Hearing Officer determines by a preponderance of the evidence that the vehicle was used as hereinabove provided, the Hearing Officer shall order the continued impoundment of the vehicle until the owner of the vehicle pays to the city a penalty in the amount of $450, plus shows restitution of towing and storage costs. The penalty shall be a debt due to the city;
(4) If the owner of record fails to appear at the hearing, the hearing officer shall enter an order of default in favor of the city, which order shall require the payment to the city of an administrative penalty of $450; and
(5) If the Hearing Officer determines that the vehicle was not used as hereinabove provided, the motor vehicle shall be returned to the owner of record of the vehicle without penalty or other costs, other than the cost of towing and storage, and, if a cash bond had previously been posted, the cash bond shall be returned.
(Ord. 860, passed 9-8-09)