(A) Any motor vehicle used in connection with a violation of article 24 of the Illinois criminal code of 1961 1 or that contains a firearm or ammunition for which a firearms owner's identification card is required under the Illinois owner's identification card act 2 and is not presented, shall be liable to the village for an administrative penalty not to exceed five hundred dollars ($500.00) plus any towing and storage fees as hereinafter provided, in addition to the fine imposed for violation of any provision of this chapter. Any such vehicle shall be subject to seizure and impoundment pursuant to this section. This subsection shall not apply: 1) if the vehicle used in the violation was stolen at that time and the theft was reported to the appropriate police authorities within twenty four (24) hours after the theft was discovered or reasonably should have been discovered; or 2) if the vehicle is operating as a common carrier and the violation occurs without the knowledge of the person in control 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. Before or at the time the vehicle is towed, the police officer shall notify any person identifying himself as the owner of the vehicle or any person who is found to be in control of the vehicle at the time of the alleged violation, of the fact of the seizure and of the vehicle owner's right to request a vehicle impoundment 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 of the seizure. Said request shall be in writing and filed with the chief of police or his designee. If an appeal is timely filed, a hearing officer of the village shall conduct such appeal hearing within forty eight (48) hours after the request, excluding Saturdays, Sundays or 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. Unless a hearing has been held pursuant to this subsection, 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 by order of the hearing officer, no later than forty five (45) days after the vehicle was seized. The hearing shall be conducted by a hearing officer appointed by the mayor. 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 none of the exceptions described herein applies, the hearing officer shall enter an order finding the owner of record of the vehicle civilly liable to the village for an administrative penalty in an amount not to exceed five hundred dollars ($500.00). If the owner of record fails to appear at the hearing, the hearing officer shall enter a default order in favor of the village requiring the payment to the village of an administrative penalty in an amount not to exceed five hundred dollars ($500.00). If the hearing officer finds that no such violation occurred, the hearing officer shall order the immediate return of the owner's vehicle or cash bond.
(D) If an administrative penalty is imposed pursuant to this section, such penalty shall constitute a debt due and owing to the village. If a cash bond has been posted pursuant to this section, the bond shall be applied to the penalty. If a vehicle has been impounded when such a penalty is imposed, the village may seek to obtain a judgment on the debt and enforce such judgment against the vehicle as provided by law. Except as provided otherwise in this section, a vehicle shall continue to be impounded until: 1) the penalty, plus any applicable towing and storage fees, is paid to the village, in which case possession of the vehicle shall be given to the person who is legally entitled to possess the vehicle, or 2) the vehicle is sold or otherwise disposed of to satisfy a judgment or enforce a lien as provided by law. If the administrative penalty is imposed under this subsection against an owner of record who defaults by failing to appear at the hearing, the vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed vehicles. In all other cases, if the administrative penalty and applicable fees are not paid within thirty (30) days after the expiration of time at which administrative review of the hearing officer's determination may be sought, or within thirty (30) days after an action seeking administrative review has been resolved in favor of the village, whichever is applicable, the vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed vehicle under section 4-208 of the Illinois motor vehicle code 1 . Except as otherwise specifically provided by law, no owner, lien holder or other person shall be legally entitled to take possession of a vehicle impounded under this section until the civil penalty and fees applicable under this section have been paid. However, whenever a person with a lien or record against an impounded vehicle 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 amount of the net proceeds of any foreclosure sale, less any amounts required to pay all lienholders of record, up to five hundred dollars ($500.00), plus the applicable fees.
(E) For purposes of this section, the "owner of record" of a vehicle is the record title holder as registered with the office of the secretary of state, state of Illinois. (Ord. 02-04-15-1, 4-15-2002, eff. 4-15-2002)
Notes
| 1 | 1. 720 ILCS 5/24-1 et seq. |
| 2 | 2. 430 ILCS 65/0.01 et seq. |
| 1 | 1. 625 ILCS 5/4-208. |