A. Notice of Pending Immobilization: Before placing the registration number of an eligible vehicle on the vehicle immobilization list, the Police Department shall cause a notice of pending immobilization to be sent to the registered owner of the eligible vehicle. The notice of pending immobilization shall be sent certified or registered mail, return receipt requested, to the address of the registered owner of the eligible vehicle recorded with the Illinois Secretary of State or, if the eligible vehicle bears a registration number of a state other than Illinois, then at the address of the registered owner recorded in that state's registry of motor vehicles. The notice of pending immobilization shall provide the following information:
1. Eligibility: A statement that the eligible vehicle is subject to immobilization pursuant to this Chapter.
2. Description of Vehicle: A description of the make, model, year, and color of the eligible vehicle.
3. Registration and Plate Numbers: The eligible vehicle's vehicle registration number, and the number and state of the license plate displayed on the eligible vehicle.
4. Owner Name and Address: The name and address of the registered owner of the eligible vehicle.
5. Citations: The number and issue dates of the outstanding citations, and the nature of the violations.
6. Summary of Procedures: A summary of the procedures set forth in this Chapter for contesting a notice of pending immobilization.
B. Pre-Immobilization Hearing:
1. Right to Hearing: The registered owner of an eligible vehicle may contest the validity of a notice of pending immobilization by delivering to the Police Chief a written request for a pre-immobilization hearing within five (5) days after receipt of the notice of pending immobilization. If the registered owner of an eligible vehicle does not request a pre-immobilization hearing pursuant to this subsection within said five (5) day period, then the right to a pre- immobilization hearing shall be deemed waived and the Village shall place the registration number of the eligible vehicle on the vehicle immobilization list.
2. Scheduling Hearing; Notice: The Police Chief shall schedule a pre-immobilization hearing not later than five (5) days after receipt of a request for a pre-immobilization hearing pursuant to subsection B1 above. The Police Chief shall notify the owner not less than forty eight (48) hours before such hearing by telephone, mail, or in person. The registration number of the eligible vehicle shall not be placed on the vehicle immobilization list while a pre- immobilization hearing is pending.
3. Conduct of Hearing; Burden: The Police Chief may conduct the pre-immobilization hearing or may appoint a hearing officer to conduct the hearing. The registered owner of the eligible vehicle must appear in person at the hearing, and, to invalidate the notice of pending immobilization, must submit evidence that conclusively demonstrates that the subject vehicle is not an eligible vehicle. Such evidence shall include evidence that establishes the following:
a. The registered owner was not the owner or lessee of the subject vehicle on the date or dates that the parking violation citations were issued; or
b. The fines or penalties for the parking citations identified in the notice of pending immobilization have been paid in full; or
c. The registered owner has not accumulated ten (10) or more unpaid parking violation citations.
4. No Determination of Violations: A pre-immobilization hearing shall not be determinative of, and shall not be used or construed to adjudicate, any of the individual parking citations on which the notice of pending immobilization was based or any other violation of any Village ordinance relating to the eligible vehicle.
5. Decision: Based on the hearing record, the Police Chief shall issue a written decision: a) affirming the validity of the notice of pending immobilization and confirming that the subject vehicle is an eligible vehicle subject to immobilization pursuant to this Chapter, or b) revoking the notice of pending immobilization. The Police Chief shall deliver a copy of his or her decision to the registered owner within forty eight (48) hours after the conclusion of the pre-immobilization hearing. The decision of the Police Chief on a pre-immobilization appeal shall be final.
6. Action if Affirmation: If the Police Chief affirms the validity of the notice of pending immobilization and confirms that the subject vehicle is an eligible vehicle subject to immobilization pursuant to this Chapter, then the Police Chief shall place the eligible vehicle's registration number on the vehicle immobilization list; provided, however, that the eligible vehicle shall not be placed on the vehicle immobilization list if, within three (3) days after receipt of the Police Chief's decision, the registered owner of the eligible vehicle pays or causes to be paid to the Village all fines and penalties on all outstanding parking citations lodged against the eligible vehicle, including specifically but without limitation the parking citations identified in the notice of pending immobilization.
7. Action if No Payment: If payment is not received pursuant to subsection B6 above, then the Police Chief shall place the registration number of the eligible vehicle on the vehicle immobilization list and, thereafter, the Police Department shall be authorized to immobilize the eligible vehicle pursuant to this Chapter without further notice. (12-13-94)