A. If the owner of record of a vehicle seized pursuant to this chapter desires to appeal the seizure, said owner must make a request for a vehicle impoundment hearing no later than the next business day after the seizure. Said request shall be in writing and filed with the city clerk. If the request is timely filed, a designated hearing officer shall conduct such hearing within 72 hours after the request, excluding Saturdays, Sundays and holidays. The designated hearing officer shall be the mayor or his or her designee. All interested persons shall be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence will not apply at the hearing and the hearsay evidence shall be admissible. If, after the hearing, the hearing officer determines there is probable cause to believe that the vehicle is subject to seizure and impoundment pursuant to this chapter, the hearing officer shall order the continued impoundment of the vehicle until the full evidentiary hearing pursuant to this section, unless the vehicle owner posts the applicable cash bond, and a notice of such full evidentiary hearing shall be given to the vehicle owner.
B. Unless the vehicle owner has received a notice after a hearing held pursuant to subsection A above, or if the owner of record is otherwise personally serviced with the notice of hearing and acknowledges the receipt of the notice in writing, within ten days after a motor vehicle is seized and impounded pursuant to this chapter, the city or designee shall notify, or send notice by certified mail return receipt requested, the owner of record of the date, time and location of a full evidentiary hearing concerning the seizure and impoundment. Such hearing shall be scheduled and held, unless continued by order of the hearing officer, no later than 31 days after the motor vehicle was seized.
C. If, after the hearing set forth in subsection B above, the hearing officer determines by a preponderance of evidence that the motor vehicle was used in the commission of or in conjunction with any of the offenses described in Section 10.02.010 and that none of the exceptions set forth in Section 10.02.020 apply, then the hearing officer shall enter an order finding the owner of record of the motor vehicle civilly liable to the city and impose the penalties set forth in this chapter. If a cash bond has been previously posted the bond shall be applied to the fees owed under Section 10.02.060. If the hearing officer determines that no such violation occurred, the hearing officer shall order the return of the motor vehicle and/or any cash bond posted.
D. In the event that the owner of record desires to appeal the decision of the hearing officer under the provisions of the Illinois Administrative Review Act, he shall pay the costs of the preparation and transcription of the record of the hearing.
(Ord. 2013-4, 2012).