A. Definitions: For purposes of this section, the following words and terms shall have the meanings ascribed to them in this subsection:
BUSINESS DAY: Any day in which the office of the city clerk of the city of Highwood is open to the public for a minimum of seven (7) hours.
MOTOR VEHICLE: Every vehicle which is self-propelled including, but not limited to, automobiles, trucks, vans, motorcycles and motor scooters.
OWNER OF RECORD: The record title holder(s) of the vehicle.
B. Conduct Prohibited: A motor vehicle that is used in connection with any of the following violations may be subject to seizure and impoundment by the city, and the owner of record of said vehicle shall be liable to the city for an administrative penalty of five hundred dollars ($500.00), plus any applicable towing fees:
1. A motor vehicle that is knowingly used in the commission of any felony criminal offense as described in Illinois criminal code of 1961, chapter 720 of the Illinois Compiled Statutes.
2. A motor vehicle that is used in the commission of the offense of driving under the influence of alcohol, drugs, and/or intoxicating compounds as defined in 625 Illinois Compiled Statutes 5/11-501.
3. A motor vehicle that is used in the commission of the offense of driving on a suspended or revoked license, as defined in 625 Illinois Compiled Statutes 5/6-303, as a result of a conviction pursuant to 625 Illinois Compiled Statutes 5/11-501(a).
4. A motor vehicle that is used in the commission of the offense of driving without a valid license or permit as defined in 625 Illinois Compiled Statutes 5/6-101; except, that the vehicle of a driver whose license has been expired for less than six (6) months, shall not be subject to seizure under this subsection B2.
C. Seizure And Impoundment:
1. Whenever a police officer has reason 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 approved by the chief of police, if the towing of the vehicle is supported by probable cause or if it is in the furtherance of public safety or community caretaking functions. Provided, in the event the vehicle is not otherwise needed for law enforcement purposes, and a person authorized by the owner, licensed and insured, is available to immediately remove the vehicle, the officer shall permit such removal by such authorized person. This subsection C1 shall not apply 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.
2. 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, if there is such a person, of the fact of the seizure and of the vehicle owner's right to request an administrative hearing to be conducted under this section.
D. Administrative Hearing:
1. Within five (5) business days after a vehicle is seized and impounded pursuant to this section, the city shall notify, by certified mail, the owner of record of the owner's right to request a hearing to challenge whether a violation of this section has occurred.
2. The owner of record seeking a hearing must file a written request for a hearing with the chief of police or his designee no later than ten (10) business days after notice was mailed. The hearing date must be no more than fifteen (15) business days after a request for a hearing has been filed.
3. All interested persons shall be given a reasonable opportunity to be heard at the hearing.
4. The formal rules of evidence shall not apply at the hearing, and hearsay evidence shall be admissible. If, after the hearing, the hearing officer determines by a preponderance of evidence that the vehicle was used in violation of this section, then the hearing officer shall enter an order finding the owner of record of the vehicle civilly liable to the city for the administrative penalty of five hundred dollars ($500.00).
5. If, after a hearing, the hearing officer does not determine by a preponderance of the evidence that the vehicle was used in such a violation, the hearing officer shall enter an order finding for the owner and for the return of the vehicle.
6. If the owner of record requests a hearing but fails to appear at the hearing or fails to request a hearing in a timely manner, the owner of record shall be deemed to have waived his or her right to a hearing, and the hearing officer shall enter a default order in favor of the city in the amount of the administrative penalty. However, if the owner of record pays such penalty and the vehicle is returned to the owner, no default order need be entered if the owner is informed of his or her right to a hearing and signs a written waiver, in which case, an order of liability shall be deemed to have been made when the city receives the written waiver.
E. Retention Of Impounded Vehicle: A penalty imposed pursuant to this section shall constitute a debt due and owing the city. A vehicle impounded pursuant to this section shall remain impounded until:
1. The penalty of five hundred dollars ($500.00) is paid to the city and all applicable towing fees are paid to the towing agent, in which case, the owner of record shall be given possession of the vehicle;
2. A bond in the amount of five hundred dollars ($500.00) is posted with the police department and all applicable towing fees are paid to the towing agent, at which time, the vehicle will be released to the owner of record; or
3. The vehicle is deemed abandoned, in which case, the vehicle shall be disposed of in the manner provided by law for the disposition of abandoned vehicles.
F. Bond For Release: If a bond in the amount of five hundred dollars ($500.00) is posted with the police department, the impounded vehicle shall be released to the owner of record. The owner of the vehicle shall still be liable to the towing agent for any applicable towing fees. If a five hundred dollar ($500.00) penalty is imposed for violation of this section, the five hundred dollar ($500.00) bond will be forfeited to the city; however, if a violation of this section is not proven by a preponderance of the evidence, the five hundred dollar ($500.00) bond will be returned to the person posting the bond. All bond money posted pursuant to this section shall be held by the city until the hearing officer issues a decision or, if there is a judicial review, until the court issues its decision.
G. Unclaimed Vehicles: 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 city's action under this section, or the time at which a final judgment is rendered in favor of the city, or the time a final administrative decision is rendered against an owner of record who is in default may be disposed of as an unclaimed vehicle as provided by law; provided, however, that where proceedings have been instituted under state or federal drug asset forfeiture laws, the subject vehicle may not be disposed of by the city except as consistent with those proceedings. (Ord. 2008-O-29, 9-16-2008)
Notes
| 1 | 1. See also section 7-5-19-1 of this title. |