A. Notice Of Hearing: Within ten (10) days after a vehicle is impounded pursuant to this chapter, the village shall notify by certified mail, return receipt requested, the owner of record of the date, time, and location of a plea hearing that shall be conducted, pursuant to this section. Such notice shall be mailed by certified mail, return receipt requested, to the owner of record, as shown on the records of the Illinois secretary of state. Notice by certified mail need not be given when the owner of the vehicle has been personally served with notice, in written form, of the time, date and location of the hearing. The plea hearing shall be conducted by a hearing officer, designated by the village manager. The owner of record shall appear at a plea hearing and enter a plea of guilty or not guilty. If a plea of guilty is entered, the cause shall be disposed of at that time. If the owner of record pleads not guilty, a hearing shall be scheduled and held, unless continued by the hearing officer, no later than forty five (45) days after the vehicle was impounded. All interested persons shall be given a reasonable opportunity to be heard at the hearing. At any time prior to the hearing date, the hearing officer may, at the request of either party, direct witnesses to appear and give testimony at the hearing. The formal rules of evidence shall not apply at the hearing, and hearsay evidence shall be admissible.
B. Owner Of Record Responsibility: If, after the hearing, the Hearing Officer determines, by a preponderance of the evidence, that the vehicle was used in connection with a violation set forth in section 6-17-2 of this chapter, the Hearing Officer shall enter an order finding the owner of record of the vehicle civilly liable to the Village for an administrative fee in the amount of five hundred dollars ($500.00), and require the vehicle to continue to be impounded until the owner pays the administrative fee to the Village, plus applicable towing and storage costs to the applicable tow company. The five hundred dollar ($500.00) administrative fee shall be a debt due to the Village. If a cash bond has been posted pursuant to section 6-17-4 of this chapter, the bond shall be applied to the administrative fee. If the owner of record fails to appear at the hearing, the Hearing Officer shall enter a default order in favor of the Village, which order shall require the payment to the Village of the five hundred dollar ($500.00) administrative fee and towing and storage costs to the applicable tow company, and the continued impoundment of the vehicle until the owner pays to the Village the five hundred dollar ($500.00) administrative fee and towing and storage costs to the applicable towing company. If the Hearing Officer finds no such violation occurred, the Hearing Officer shall order the immediate return of the owner's vehicle without any fee or other costs, or, if a cash bond had previously been posted, the cash bond shall be returned, but the owner of record shall be responsible for any towing or storage charges to the applicable tow company.
C. Burden Of Proof: At the hearing, the violation citation shall be prima facie evidence that the violation was committed as provided in the citation, and the burden of proof shall be upon the defendant to prove that the violation was not committed. (Ord. O2008-45, 8-12-2008)
D. Liability: If the Hearing Officer finds that the Village exceeded its authority under section 11-208.7 of the Illinois Vehicle Code 1 , in the seizure and impoundment of a motor vehicle, the Village shall be liable to the owner of record or lessee of the motor vehicle for the cost of storage fees and reasonable attorneys' fees. (Ord. O2017-09, 3-7-2017)
Notes
| 1 | 1. 625 ILCS 5/11-208.7. |