(a) The owner of a vehicle towed as a hazardous or unlawful vehicle pursuant to § 23-111(b) of this article shall have 15 days after the date of mailing of notice or release of the vehicle, whichever occurs first, to request in writing a post-tow hearing to determine the validity of such tow and any towing or storage charges. The written request shall be delivered to the department of public safety within the 15-day period, or the right to a post-tow hearing under the provisions of this article shall be deemed waived. The hearing will not be determinative of, or adjudicative, any citation issued relative to any towed vehicle.
(b) Upon any request for a post-tow hearing being made, the village shall schedule a date and time for such hearing as follows:
(1) In those instances where the vehicle has been released upon the full payment of towing and storage charges, the hearing shall take place within 15 days after the 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.
(2) In those instances where the vehicle has not been released, the hearing shall take place at the option of the owner:
A. Within 24 hours after such request for such hearing, excluding weekends and holidays; except that if such request is made after 3:00 p.m., then a hearing shall be held on the second working day following the request. Upon receipt of such request, the village shall notify the owner of the date and time of such hearing by telephone or in person.
B. If acceptable to the owner, within 15 days of such request on a date convenient to all parties. 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.
(c) Upon any request for a post-tow hearing being made, the village shall choose an officer or employee of the village to serve as hearing officer. In no case shall the hearing officer be an individual who was involved in the initial decision to tow the vehicle. The hearing officer may be the same person designated for pre-tow hearings pursuant to § 23-113 of this chapter. The hearing officer shall have the authority to require the presence of the enforcement officer who ordered the tow, or any other village personnel, and to request the presence of other witnesses at such hearing.
(d) The hearing officer shall review all evidence presented by the vehicle owner and the police department and make a finding based on the evidence presented as to the lawful authority for the towing and storage of the vehicle. The village must establish such authority by a preponderance of the evidence.
(e) For each hearing, the hearing officer shall complete a vehicle tow hearing decision and attach such decision to the original vehicle towing report of the department of public safety, and supply a copy of the vehicle tow hearing decision to the owner by personal delivery if the owner is present, otherwise by mail.
(f) After receiving all relevant evidence, the hearing officer shall make one or more of the following written findings, which must be incorporated into the vehicle tow hearing decision:
(1) The towing and storage of the vehicle was authorized by the laws of the State of Illinois or any village ordinance. One or more specific statutory or ordinance sections and the amount owed for towing and storage shall be stated in such a finding.
(2) There was no authority in law for the towing and storage of the vehicle, or the municipal employee causing the vehicle to be towed did not comply with the requirements of the statute or ordinance authorizing the tow.
(3) The towing of the vehicle was authorized by law, but the owner was caused to incur additional storage charges because of late notification of towing or other reasons not the fault of the owner. The specific amount owned by the owner, and the specific amount excused, shall be stated in the decision.
(4) The request for hearing was not made within 15 days of the mailing of notice of towing or the date the vehicle was released from the vehicle pound or authorized garage, whichever was earlier.
(5) A hearing was requested by the person requesting the hearing failed to appear and failed to request a continuance.
(g) The hearing officer shall advise the owner of his or her findings at the conclusion of the hearing to-wit:
(1) If the towing and storage was authorized by law, and is not otherwise reimbursable, the owner shall be so informed and further advised as to the amount due.
(2) Should the towing and/or storage be found to be unauthorized or reimbursable, the hearing officer shall:
A. If the vehicle has been released to the owner:
1. Note the amount of the cash deposit or towing and storage fees prepaid by the owner on the vehicle tow hearing decision;
2. Complete a printed voucher form for the amount to be reimbursed;
3. Transmit the decision and voucher form to the director of public safety for his or her authorization for payment;
4. Advise the owner that a refund of the cash deposit of fees will be transmitted to the village treasurer of the village for payment;
5. Transmit a copy of the hearing decision, along with the original voucher and original payment receipt to the village treasurer of the village within 48 hours of the hearing;
6. Unless the village files a lawsuit to contest the decision of the hearing officer, the owner shall be paid the money due within 28 days after the decision of the hearing officer.
B. If the vehicle is still impounded at the time of the hearing, the following procedure shall be followed:
1. An order for the release of the vehicle shall be prepared in duplicate; the owner shall be provided with the original, and a copy shall be attached to the vehicle tow hearing decision;
2. Upon presentation by the owner to the towing service operator of the order for release, the vehicle shall immediately be released to the owner upon payment of the towing and storage fees, if any, found to be due.
(h) All vehicle 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) The village or the owner may contest the decision of the hearing officer in any manner provided by law.