Within five (5) business days after a Bus is seized and impounded, the Village shall notify, by personal service, first class mail, or certified mail, the owner of record, lessee, and any lienholder of recorder of the owner's right to request a hearing to determine whether a violation of this Chapter 9-12 actually occurred. The name and address of the person to whom a vehicle is registered as shown on the records of the State in which the vehicle is registered shall be conclusive evidence of the name and address of the owner of record of the vehicle, unless the owner of record gave the Village actual written notice of a different name or address.
In order to obtain a hearing, the owner of record must file a written request for a hearing with the Village Clerk or the Police Department no later than ten (10) business days after the date the notice was mailed. The hearing date must be scheduled for a date that is no more than fifteen (15) business days after a request for a hearing has been filed. The person requesting the hearing shall be given at least five (5) business days' notice of the date of the hearing.
The hearing shall be conducted by a hearing officer appointed in accordance with this Code's Administrative Hearing Procedures. The owner of the Bus shall have the right to be represented by an attorney; the right to notice of the charges causing the seizure and impoundment of the Bus; the right to present witness and documentary evidence; and the right to cross-examine all witnesses.
If, after the hearing, the hearing officer determines, by a preponderance of evidence, that a violation of this Chapter 9-12 has occurred involving the seized and impounded Bus, then the hearing officer shall enter an order finding the owner of record of the vehicle liable to the Village for the administrative fees of seven hundred and fifty dollars ($750.00), which shall be in addition to any other penalties, fines and remedy sought. If, after a hearing, the hearing officer does not determine, by a preponderance of the evidence, that the vehicle was used in violation of Chapter 9-12 of this Code, the hearing officer shall enter an order finding for the owner and ordering the return of the vehicle.
If the owner of record fails to request a hearing on the seizure and impoundment of the Bus in a timely manner or fails to appear at the hearing, the owner of record shall be deemed to have waived the owner' s right to a hearing, and the hearing officer may enter a default order in favor of the Village in the amount of the administrative fees. 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 Village receives the written waiver.
(Ord. 24-O-002, 1-16-2024)