(A) In a pre-tow hearing required by this chapter, the Hearing Officer shall only determine as to the motor vehicle in question either that there is probable cause to tow and impound the motor vehicle or that there is no probable cause. In the event that the Hearing Officer determines that there is probable cause to tow and impound the motor vehicle, the Hearing Officer shall prepare and date a certificate of probable cause which will authorize the Police Department to tow and impound the motor vehicle. In the event that the Hearing Officer determines that there is no probable cause to tow and impound the motor vehicle, the Hearing Officer shall prepare and date a certificate of no probable cause which will prohibit the Police Department from impounding and towing the motor vehicle. Copies of the certificate of probable cause or the certificate of no probable cause, whichever is appropriate, shall be given to the Police Department, the motor vehicle owner and the property-owner. If the Hearing Officer’s decision is appealed to the Village Council, all enforcement activities shall be stayed. If the decision of the Hearing Officer is not timely appealed, the opportunity for an appeal shall be deemed waived, and the decision of the Hearing Officer is final.
(B) In a post-tow hearing required by this chapter, the Hearing Officer shall only determine as to the motor vehicle in question either that there was probable cause to impound and tow the motor vehicle or, that there was no such probable cause. In the event that the Hearing Officer determines that there was probable cause to impound and tow the motor vehicle, the Hearing Officer shall prepare and date a certificate of probable cause, copies of which shall be given to the Police Department, the commercial towing service having possession of the motor vehicle, and the motor vehicle owner. In the event that the Hearing Officer determines that there is no probable cause to tow and impound the motor vehicle, the Hearing Officer shall prepare and issue a certificate of no probable cause, copies of which shall be given to the above-named parties. Upon presentment of the certificate of no probable cause to the commercial towing service having possession of the motor vehicle by the motor vehicle owner, the towing service shall release the motor vehicle, and the village shall pay the towing and storage fees. If the owner of the motor vehicle fails to present the certificate of no probable cause to the commercial towing service having possession of the motor vehicle within 24 hours of its receipt (excluding the days when the commercial towing service is not open for business), the owner of the motor vehicle shall assume liability for all subsequent storage charges. If the Hearing Officer’s decision is appealed to the Village Council, all enforcement activities shall be stayed. If the decision of the Hearing Officer is not timely appealed, the opportunity for an appeal shall be deemed waived, and the decision of the Hearing Officer is final.
(Prior Code, § 10.16.070) (Ord. VG09-002, passed 2-26-2009)