If the owner of a vehicle seized pursuant to this chapter desires to preliminarily appeal the seizure, said owner must make a request for a preliminary hearing within one day of the seizure. All requests shall be in writing and filed with the police chief, or her designee, who shall conduct such preliminary hearing within one day after receipt of the request. This hearing is informal and shall be conducted in the police department offices. All interested persons shall be given a reasonable opportunity to be heard. The formal rules of evidence shall not apply at the preliminary hearing and hearsay evidence shall be admissible only if it is the type commonly relied upon by reasonably prudent persons in the conduct of their affairs. If after the preliminary hearing, the police chief, or her designee, determines there is probable cause to believe that the vehicle is subject to seizure and impoundment pursuant to this chapter, she shall order the continued impoundment of the vehicle, as provided in this chapter, unless the owner posts with the village a cash bond in the amount of seven hundred fifty dollars ($750.00) and pays all towing and storage charges. If the police chief, or her designee, determines that there is no such probable cause, the vehicle shall be returned without additional fees.
(Ord. 1287-09, 8-17-2009; amd. Ord. 2041-20, 9-29-2020; amd. Ord. 2271-23, 7-24-2023)