A. Definitions: The following terms shall be defined as hereinafter set forth for the purpose of this chapter:
BUSINESS DAY: | Any day in which the offices of Village Hall are open to the public for a minimum of seven (7) hours. |
LEVEL 1 ADMINISTRATIVE FEE: | in the amount as shown in the Schedule of Fees found in Section 1-16-1 of the Village Code. |
LEVEL 2 ADMINISTRATIVE FEE: | in the amount as shown in the Schedule of Fees found in Section 1-16-1 of the Village Code. |
LEVEL 3 ADMINISTRATIVE FEE: | in the amount as shown in the Schedule of Fees found in Section 1-16-1 of the Village Code. |
MOTOR VEHICLE: | Every vehicle which is self-propelled, including, but not limited to, automobiles, trucks, vans, motorcycles, and motor scooters. |
OWNER OF RECORD: | The record title holder or holders of a motor vehicle as registered with the Secretary of State of the State of Illinois, or if not registered in Illinois, the particular state in which the motor vehicle is registered. If the motor vehicle is not required by law to be registered, the owner of record shall be the legal owner as determined by law following reasonable due diligence to determine the owner by authorities of the Village of Glen Carbon. |
B. Documentation: Before the owner of record or person entitled to possession of any impounded motor vehicle shall be permitted to remove the same, he or she shall furnish documentation of the following:
1. His or her true identity.
2. Ownership of the motor vehicle.
3. His or her right of possession of the motor vehicle.
4. Proof of registration of licensing of the motor vehicle with the appropriate state authorities.
5. Proof of insurance for the operation of the motor vehicle in accordance with the laws of the State of Illinois.
6. Proof of a valid driver’s license held by the person who shall drive the motor vehicle from the impoundment area.
C. Administrative Fee: Before the owner of record or other person is entitled to possession of any motor vehicle impounded by authority of the Police Department of the Village of Glen Carbon, an Administrative Fee shall be paid to the Village of Glen Carbon. The Administrative Fee shall be a “Level 1 Administrative Fee”, a “Level 2 Administrative Fee” or a “Level 3 Administrative Fee” as shown in the Schedule of Fees found in Section 1-16-1 of the Village Code and by Section 10 of this Chapter. The appropriate fee shall be paid at the Village of Glen Carbon Police Department prior to the release of the motor vehicle as partial reimbursement to the Village of Glen Carbon Police Department in compensation for the time and resources spent by the department regarding the seizure, impoundment, and release of said motor vehicles. The appropriate fee shall also be imposed and paid as a penalty to the owner of the vehicle as a deterrent to the owner permitting a driver to utilize the owner’s vehicle in such a manner as to require a removal and impoundment of a vehicle under the circumstances described in this Chapter so as to give rise to an Administrative Fee. The appropriate fees are to be paid by the registered owner or other authorized person seeking the vehicle’s release, regardless of whether the registered owner of said motor vehicle or any other authorized person was driving the motor vehicle prior to the circumstances which gave rise to the impoundment of the motor vehicle by the Village of Glen Carbon Police Department.
D. Release Of Impounded Vehicle: It shall be the duty of the towing or storage company in possession of the impounded motor vehicle to obtain documentation issued by the village of Glen Carbon police department confirming compliance with the foregoing requirements prior to releasing the motor vehicle and to retain photocopies of that documentation in their files for a period of not less than six (6) months following the release of each respective motor vehicle. The foregoing information shall be made available by the towing or storage company to the authorities of the village of Glen Carbon police department for inspection and copying upon request. The towing or storage company is prohibited from releasing any motor vehicle they may tow pursuant to the direction of the village of Glen Carbon police department until and unless the towing or storage company obtains the documentation as aforesaid.
E. Release Fee: The towing or storage company shall be entitled to receive a fee from the owner or person entitled to possession of any such motor vehicle prior to the release of the motor vehicle. The fee shall be to cover the cost of removing said motor vehicle and, in addition thereto, the cost of storage of said motor vehicle for each day or fraction thereof that said motor vehicle shall have remained stored.
F. Fees In Addition To Violation Fees: The foregoing fees shall be in addition to any fees levied or assessed against the owner or operator of said motor vehicle by reason of violation of any ordinance, statute or warrant which may have resulted from such violation that may have been the basis of or associated with the impoundment of the motor vehicle.
G. Notification: Whenever a police officer of the village of Glen Carbon has reason to believe that a motor vehicle is subject to seizure, removal and impoundment pursuant to this code, the state of Illinois or federal law, the police officer shall provide for the removal of the motor vehicle to a facility approved by the village of Glen Carbon. At the time of the seizure, removal and impoundment of a motor vehicle, the police officer shall attempt to notify any person identifying himself or herself as the owner of the respective motor vehicle or the person who is found to be in control of the motor vehicle at that time, if present, of the fact of the seizure of the motor vehicle and of the right of the owner of the motor vehicle to request an administrative hearing in accordance with the provisions of this section.
H. Administrative Hearing: At the time a motor vehicle is seized, removed or impounded or within five (5) business days after a motor vehicle is seized, removed and impounded by order or direction of a police officer of the village of Glen Carbon, the village of Glen Carbon shall notify by personal service or by certified mail the owner or owners of record of the owner’s right to request an administrative hearing to challenge whether violation of this chapter has occurred or to contest the administrative fee imposed in connection with the seizure or impoundment of the motor vehicle. The owner of record or his or her attorney seeking a hearing must file a written request for a hearing with the office of the chief of police of the village of Glen Carbon no later than ten (10) business days after the aforesaid notice was mailed or personally served, whichever first occurred. Upon the request of a hearing, in writing filed with the office of the chief of police of the village of Glen Carbon within the aforesaid time allowed, a hearing date must be scheduled no more than twenty (20) business days thereafter. The person seeking a hearing shall have the burden of proof establishing that a request for an administrative hearing was timely filed with the office of the chief of police. Any interested person shall be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence shall not apply at the hearing and hearsay evidence shall be admissible. The hearing may be continued once commenced to a subsequent time and date certain. The chief of police shall serve as a hearing officer, or he may designate another individual to serve as a hearing officer on a case by case basis. No person involved in the particular seizure, removal or impoundment decision or process may serve as a hearing officer.
If, after the hearing, the hearing officer determines by a preponderance of the evidence presented that the motor vehicle was properly subject to seizure, removal and impoundment by order of a member of the village of Glen Carbon police department, then the hearing officer shall enter a written order finding the owner or owners of record of the respective motor vehicle civilly liable to the village of Glen Carbon for the applicable administrative fee as provided by this chapter.
If, after a hearing, the hearing officer does not determine by a preponderance of the evidence that the motor vehicle was properly subject to seizure and impoundment by order of a member of the village of Glen Carbon police department, then the hearing officer shall enter a written finding for the record owner and grant such relief as may be appropriate, including waiver of all or a portion of the administrative fee and the return of the motor vehicle to the record owner.
If the owner or owners of record request a hearing but fail to appear at the hearing, or if the owner or owners of record fail to request a hearing in writing in a timely manner, the owner or owners of record shall be deemed to have waived his or her rights to an administrative hearing and the hearing officer may enter a default order in favor of the village of Glen Carbon in the amount of the appropriate administrative fee.
The owner or owners of record may elect to pay the administrative fee deemed necessary to redeem the motor vehicle without constituting a waiver of the right of the owner or owners of record to request an administrative hearing in writing and in a timely manner as provided by this chapter and upon payment of the appropriate administrative fee, together with any towing and storage fees incurred, the motor vehicle shall be returned to the owner or owners of record without further bond. The action of the Glen Carbon police department shall be subject to administrative review as provided herein.
The final written decision of the village of Glen Carbon police chief or his designated hearing officer shall constitute a final administrative order and be subject to judicial review under the provisions of the administrative review act of the state of Illinois.
I. Disposition Of Impounded Vehicles: An administrative fee imposed pursuant to this chapter shall constitute a debt due and owing the village of Glen Carbon. A motor vehicle impounded pursuant to this chapter shall remain impounded until:
1. The administrative fee is paid in full to the village of Glen Carbon and all applicable towing and storage fees are paid to the towing agent and all of the requirements of subsection B of this section have been satisfied; or
2. The motor vehicle is deemed abandoned, in which case the motor vehicle shall be disposed of in the manner provided by law for the disposition of abandoned motor vehicles; and
3. Any motor vehicle that is not properly redeemed by the record owner or owners within thirty (30) days after the expiration of the appropriate time during which the owner or owners of record may seek a further administrative or judicial review of the village’s actions in causing a motor vehicle to be seized, towed and impounded under this chapter, may be disposed of as an unclaimed motor vehicle as provided by law; provided, however, that where proceedings have been instituted under state or federal drug asset forfeiture laws, the subject motor vehicle may not be disposed of by the village of Glen Carbon except as consistent with those proceedings. (Ord. 2017-8, 3-14-2017; amd. Ord. 2021-23, 7-27-2021)