(A) A motor vehicle that is used, with the knowledge of the owner of record in the commission of prostitution as defined in the criminal code of 1961, soliciting for a prostitute as defined in said code, soliciting for a juvenile prostitute as defined in said code, shall be subject to seizure and impoundment under this subsection. The owner of record of such vehicle shall be liable to the village for a penalty of five hundred dollars ($500.00), in addition to fees for the towing an storage of the vehicle.
(B) Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this section, the police officer shall provide for the towing of the vehicle to a facility controlled by the village or its agents. When the vehicle is towed, the police officer shall notify the person who is found to be in control of the vehicle at the time of the alleged violation, if there is such a person, of the fact of the seizure and of the vehicle owner's right to request a preliminary hearing to be conducted under this section.
(C) If the owner of record of a vehicle seized pursuant to this section desires to appeal the seizure, said owner must make a request for said hearing within twenty four (24) hours from the seizure. Said request shall be in writing and filed with the chief of police or his designee. If an appeal is timely filed, the hearing officer of the village shall conduct such appeal hearing within forty eight (48) hours after the request, excluding Saturdays, Sundays and holidays. All interested persons shall be given a reasonable opportunity to be heard at the vehicle impoundment hearing. The formal rules of evidence will not apply at the hearing, and hearsay evidence shall be admissible. If after the hearing, the hearing officer determines there is probable cause to believe that the vehicle is subject to seizure and impoundment pursuant to this section, the hearing officer shall order the continued impoundment of the vehicle as provided in this section, unless the owner of the vehicle posts with the collection department, a cash bond in the amount of five hundred dollars ($500.00) plus any applicable towing and storage fees.
(D) Unless a hearing is held pursuant to subsection (C) of this section, within ten (10) days after a vehicle is seized and impounded pursuant to this section, the village shall notify by certified mail, return receipt requested, the owner of record of the date, time and location of a hearing that will be conducted, pursuant to this section. The hearing shall be scheduled and held, unless continued by order of the hearing officer, no later than thirty (30) days after the vehicle was seized. All interested persons shall be given a reasonable opportunity to be heard at the hearing. If, after the hearing, the hearing officer determines by a preponderance of evidence that the vehicle was used with the knowledge of the owner in the commission of any of the violations described in subsection (A) of this section, the hearing officer shall enter an order requiring the vehicle to continue to be impounded until the owner pays a penalty not to exceed five hundred dollars ($500.00), plus fees for towing and storage of the vehicle. The penalty and fees shall be a debt due and owing the city; however, if a cash bond has been posted, the bond shall be applied to the penalty. If the hearing officer determines that the vehicle was not knowingly used in such violation, he or she shall order the return of the vehicle or cash bond. Notwithstanding any other provision of this section, whenever a person with a lien of record against a vehicle impounded under this section has commenced foreclosure proceedings, possession of the vehicle shall be given to that person if he or she agrees in writing to refund to the village the net proceeds of any foreclosure sale, less any amounts necessary to pay all lien holders of record, up to the amount of penalties and fees imposed under this subsection.
(E) Any motor vehicle that is not reclaimed within thirty (30) days after the expiration of the time during which the owner of record may seek judicial review of the village's action under this section, or the time at which a final judgment is rendered against an owner of record who is in default, may be disposed of as an unclaimed vehicle as provided by law. As used in this section, the "owner of record" of a vehicle means the record titleholder.
(F) Fees for towing and storage of a vehicle under this section shall be the same as those charged, pursuant to this code. (Ord. 02-04-15-1, 4-15-2002, eff. 4-15-2002)