(A) (1) Administrative hearings shall be conducted by the Hearing Officer pursuant to the village’s Code Hearing Department ordinance.
(2) The Hearing Officer shall consider, as a defense to the vehicle impoundment, that the motor vehicle was stolen or hijacked at the time the vehicle was impounded. To demonstrate that the motor vehicle was hijacked or stolen at the time the vehicle was impounded, the owner or the agents of the owner or a lessee must submit proof that a report concerning the motor vehicle was filed with a law enforcement agency in a timely manner.
(B) At the conclusion of the administrative hearing, the Hearing Officer shall issue a written decision either sustaining or overruling the vehicle impoundment based on a determination of whether the officer had probable cause to impound the vehicle.
(C) If the basis for the vehicle impoundment is sustained by the Hearing Officer, any administrative fee posted to secure the release of the vehicle shall be forfeited to the village.
(D) All final decisions of the Hearing Officer shall be subject to review under the provisions of the Administrative Review Law.
(E) Unless the 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.
(F) If the Administrative Hearing Officer finds that the village exceeded its authority under this chapter, the village shall be liable to the registered owner or lessee of the vehicle for the cost of the storage fees and reasonable attorneys’ fees.
(G) Notwithstanding any other provision of law to the contrary, if the Administrative Hearing Officer finds that the village impounded a motor vehicle that was stolen or hijacked at the time the vehicle as impounded, the village shall refund any administrative fees already paid by the registered owner or lessee of the vehicle.
(Ord. 12-17, passed 4-17-2012; Ord. 24-03, passed 3-5-2024)