(a) The owner of a vehicle to be towed as an abandoned vehicle pursuant to § 23-111(a) hereof shall have seven days after the date of mailing of notice pursuant to § 23-112 hereof to request, in writing, a pre-tow hearing. The written request shall be delivered to the department of public safety within the seven-day period. Unless such a request is received within the seven-day period, the vehicle may be towed and any hearing rights under the provisions of this section shall be deemed waived.
(b) In the event that a pre-tow hearing is not requested as provided herein, a post-tow hearing shall, upon written request of the owner of a vehicle towed as an abandoned vehicle, be provided pursuant to § 23-116 of this article.
(c) Upon any request for a pre-tow hearing being made, the village shall schedule a date and time, not later than 15 days following receipt of such request, for such hearing. Upon receipt of such request, but not less than 48 hours before such hearing, the village shall notify the owner of the date and time for such hearing by telephone, by mail, or in person as the circumstances require. Pending a final disposition of such hearing, the vehicle shall not be towed except pursuant to the procedures of this article applicable to hazardous or unlawful vehicles.
(d) Upon any request for a pre-tow hearing being made, the village shall choose an officer or employee of the village to serve as hearing officer. In no case shall that hearing officer be an individual who was involved in the initial decision to tow the vehicle. The hearing officer shall have the authority to require the presence of the enforcement officer who initiated the proposed tow or any other village personnel and to request the presence of other witnesses at the hearing.
(e) After receiving all relevant evidence, the hearing officer shall make a written decision based upon a preponderance of the evidence as to whether towing of the vehicle is authorized by the laws of the State of Illinois or the ordinances of the village; with a specific statutory or ordinance section cited in the decision. The owner shall be provided a copy of such pre-tow hearing decision.
(f) If the preponderance of the evidence supports towing as authorized in this article, the hearing officer shall direct that the vehicle be towed, with any towing and storage costs to be imposed upon the owner thereof. The fees to be charged for towing and storage services shall be at the rates established in §§ 23-114 and 23-115 of this article. The owner of the vehicle having had such a hearing may avoid the towing by immediately removing the vehicle from the improper location to a proper, lawful location and correcting any unlawful condition of the vehicle.
(g) If the preponderance of the evidence fails to support towing of the vehicle, the hearing officer shall direct that the vehicle shall not be towed. The village shall furnish a copy of such decision to the owner, who may display it inside the vehicle. No vehicle about which such a decision has been rendered shall be towed by the village unless:
(1) The circumstances under which the decision was rendered have changed; and
(2) The procedures for towing similarly-situated vehicles under this article are followed.
(h) All pre-tow hearing decisions, towing reports and any associated police reports or documents shall be retained by the department of public safety for a period of at least five years after each hearing, or after each tow if no hearing was requested or held.
(i) Any such hearing will not be determinative of or adjudicate any citation issued relative to the vehicle.