A. Initiation of Appeal: The registered owner of an eligible vehicle that has been immobilized or towed and impounded may challenge the validity of any such immobilization, tow, or impoundment by initiating an appeal pursuant to the provisions of this Section. To initiate an appeal if a vehicle has been immobilized but not towed and impounded, the registered owner must take all of the following actions within forty eight (48) hours after the eligible vehicle has been immobilized. To initiate an appeal if a vehicle has been towed and impounded, the registered owner must take all of the following actions within seven (7) days after receipt of the notice of vehicle impoundment:
1. Delivery of Notice: Deliver a notice of post- immobilization appeal to the Police Chief. Such notice shall state whether a post-immobilization hearing is requested and shall state the general nature of the registered owner's defense.
2. Payment: Pay or cause to be paid to the Village all applicable immobilization, towing, and impoundment fees as required by Section 6-16-13 of this Chapter.
3. Deposit on Fines: Deposit or cause to be deposited with the Police Chief a deposit equal to five hundred dollars ($500.00) or fifty percent (50%) of all fines and penalties on all outstanding parking citations issued against the eligible vehicle, including specifically but without limitation the parking citations identified in the notice of pending immobilization, whichever is less.
Immediately after the initiation of a post- immobilization appeal pursuant to this Section, the subject eligible vehicle shall be released and the registration number of that vehicle shall be immediately removed from the vehicle immobilization list.
B. Waiver: The registered owner of an eligible vehicle that has been immobilized, towed, or impounded pursuant to this Chapter shall be deemed to have waived the right to post- immobilization appeal if the registered owner fails to initiate such an appeal pursuant this Section.
C. Post-Immobilization Hearing:
1. Scheduling of Hearing; Waiver: The Police Chief shall schedule, in consultation with the registered owner of the eligible vehicle, a post-immobilization hearing no later than three (3) days after the registered owner initiates a post- immobilization appeal pursuant to this Section or on such later day as is mutually agreed by the parties. The registered owner shall be deemed to have waived the right to post-immobilization appeal if the registered owner fails to appear for the post-immobilization hearing without prior notice of absence and good cause shown therefor.
2. Conduct of Hearing: The Police Chief may conduct the post- immobilization hearing or may appoint a hearing officer to do so. At the hearing, the registered owner must appear and present evidence conclusively establishing that the immobilization, towing, or impoundment of the registered owner's vehicle was not authorized by this Chapter.
3. No Determination of Violations: A post-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.
D. Decision on Post-Immobilization Appeal:
1. Decision: Based on the hearing record, the Police Chief shall issue a written decision: a) affirming, in whole or in part, the validity of the immobilization, towing, and impoundment of the registered owner's vehicle, or b) invalidating, in whole or in part, the immobilization, towing, and impoundment of the registered owner's vehicle. The Police Chief shall deliver a copy of the Police Chief's decision to
the registered owner of the subject vehicle within seven (7) days after the close of the post-immobilization hearing. The decision of the Police Chief on a post-immobilization appeal shall be final.
2. Action if Affirmation: If the Village Police Chief affirms the validity of the subject immobilization, towing, and impoundment, then the Village shall retain all amounts paid and deposited pursuant to subsection 6-16-12A of this Chapter, and the registered owner shall pay or cause to be paid to the Village, within three (3) days after receipt of the Police Chief's decision, an amount equal to that portion of all fines and penalties on all outstanding parking violation citations issued against the subject eligible vehicle, including specifically but without limitation the parking violation citations identified in the notice of pending immobilization, that were not deposited pursuant to subsection 6-16-12A3 of this Chapter. After receipt of such payment, the eligible vehicle shall be released and its registration number removed from the vehicle immobilization list. If such amount is not paid within said three (3) day period, then the eligible vehicle shall remain on the vehicle immobilization list and shall remain subject to immobilization pursuant to this Chapter.
3. Action if Invalidation: If the Police Chief invalidates in whole the immobilization, towing, and impoundment of the subject vehicle, then the Village shall return to the registered owner all amounts received pursuant to subsection 6-16-12A of this Chapter and shall immediately release the subject eligible vehicle and remove its registration number from the vehicle immobilization list. (12-13-94)