At the time that a motor vehicle is towed pursuant to the provisions of this chapter, the village shall notify or make a reasonable attempt to notify the owner, lessee, agent or agents, or person identifying himself or herself as the owner or lessee of the vehicle, or any person who is found to be in control of the vehicle at the time of the alleged offense, of the following:
(A) The fact of the seizure and of the vehicle owner’s or the lessee’s right to an administrative hearing;
(B) The notice shall also provide that the seized motor vehicle will remain impounded pending the completion of an administrative hearing, unless the owner or lessee of the vehicle, or a lienholder, posts with the village a bond equal to the administrative fee as set forth in this chapter and pays all towing and storage charges;
(C) (1) The registered owner or lessee of the vehicle and any lienholder of record shall also be provided with a written notice of administrative hearing.
(2) The notice shall:
(a) Be served upon the owner, lessee and any lienholder of record either by personal service or by first class mail to the interested party’s address as registered with the Secretary of State;
(b) Be served upon such interested parties within ten days after impoundment of a vehicle by the village; and
(c) Contain a date, time and location of the administrative hearing.
(3) An initial hearing shall be scheduled and convened no later than 45 days after the date of the mailing of the notice of hearing.
(D) (1) All administrative hearings conducted pursuant to this chapter shall be conducted by a hearing officer who is an attorney licensed to practice law in the state for a minimum of three years.
(2) At the conclusion of the administrative hearing, the hearing officer shall issue a written decision either sustaining or overruling the vehicle impoundment.
(a) If the basis for the vehicle impoundment is sustained by the administrative hearing officer, any administrative fee posted to secure the release of the vehicle as set forth below shall be forfeited to the village.
(b) Unless the administrative hearing officer overturns the basis for the vehicle impoundment, no vehicle shall be released to the owner, lessee or lienholder of record until all administrative fees and towing and storage charges are paid.
(c) Vehicles not retrieved from the towing facility or storage facility within 30 days after the administrative hearing officer issues a written decision shall be deemed abandoned and may be disposed of in accordance with the provisions of Article 2 of Chapter 4 of the Illinois Vehicle Code, being 625 ILCS 5-201 et seq., or as elsewhere provided for in this code.
(d) Unless stayed by a court of competent jurisdiction, any fee imposed under this chapter which remains unpaid in whole or in part after the expiration of the deadline for seeking judicial review under the administrative review law may be enforced in the same manner as a judgment entered by a court of competent jurisdiction.
(Prior Code, § 6-10-4) (Ord. 2012-10, passed 10-15-2012)