A. A vehicle shall be eligible for immobilization under the following criteria:
1. The registered owner of the motor vehicle has accumulated one complaint or more issued by the village of Kildeer police department which are not adjudicated, for which no payment has been made, or for which no appearance has been filed within the time specified by the parking violation complaints; and
2. The registered owner of said motor vehicle must have received notice of eligibility for immobilization under the procedures listed herein.
B. Written notice of eligibility for immobilization shall be sent by certified mail, return receipt requested, and by first class mail, postage prepaid, to the registered owner of the motor vehicle, at the address to which the motor vehicle is registered, at least twenty one (21) days prior to placing the registration plate number on the eligibility list. Notice shall be sent as follows:
1. The address of the registered owner shall be determined from the records of the Illinois secretary of state, or in the case of a vehicle bearing a registration number of a state other than Illinois, from the records of that state's registry of motor vehicles;
2. The notice shall state the name and address of the registered owner, the state registration number of the motor vehicle, the nature of the ordinances violated and the serial numbers and issue dates of the complaints referred to herein; and
3. The notice shall advise that a person may challenge the validity of the notice of eligibility for immobilization as set forth herein.
C. A challenge of the validity of the notice of eligibility for immobilization must be made in person to the chief of police, or his/her designee, only on grounds which would conclusively disprove liability, such as:
1. The person was not the owner or lessee of the motor vehicle on the date or dates the complaints were issued; or
2. The fines or penalties for the violations cited were paid; or
3. The registered owner has not accumulated one or more parking violation complaints which are unpaid, not adjudicated, or for which no appearance has been filed.
D. Should no determination be made that eligibility of the motor vehicle for immobilization be invalid within the twenty one (21) day period, the state registration number of said vehicle shall be placed on the immobilization list and immobilization shall proceed as follows:
1. A notice shall be placed in a conspicuous place on motor vehicle warning that any attempt to move the vehicle while the immobilization device is attached may result in damage to the vehicle;
2. The notice shall set forth the following procedures for release of the immobilization device; the owner of the immobilized vehicle, or another authorized person, may, within twenty four (24) hours:
a. Pay all fees for immobilization and penalties due on the outstanding complaints listed in the notice of eligibility for immobilization, or may pay a deposit prior to a hearing as provided herein; or
b. Present copies of appearances filed with the clerk of the circuit court of Lake County on all outstanding complaints specified in the notice of eligibility; or
c. Deposit collateral in the amount of the number of outstanding complaints listed in the notice of eligibility for immobilization times five dollars ($5.00), but not to exceed five hundred dollars ($500.00), and execute an agreement to present copies of appearances filed with the clerk of the circuit court of Lake County on all outstanding complaints specified in the notice of eligibility for immobilization within twenty one (21) days from the date of the agreement. Such collateral shall be returned upon receipt of copies of the appearances, but shall be forfeited if the owner does not present such copies and the forfeited collateral may not be used to satisfy any unpaid fees or penalties. Upon forfeiture of collateral, the motor vehicle involved shall again be subject to immediate immobilization and no further deposit of collateral as described in this subsection shall again be allowed as a method of release; and
3. The notice shall warn the owner that the immobilized vehicle will be towed and impounded if release is not obtained hereunder within twenty four (24) hours after the vehicle has been immobilized and that the costs of immobilization, towing and impoundment must be paid in addition to the penalties due on the outstanding complaints listed on the notice of eligibility for impoundment, or the deposit for a hearing as provided herein.
E. Within fifteen (15) days after a vehicle has been towed and impounded, notice of impoundment shall be sent by certified mail, return receipt requested, and by first class mail, postage prepaid, to the registered owner of the motor vehicle at the address to which the motor vehicle is registered. The notice shall state that the owner has a right to a hearing as specified herein, and that if release is not obtained under the procedures herein within thirty (30) days, the vehicle will be considered an abandoned vehicle as provided in this section and subject to disposal as provided.
F. The fee for immobilization shall be seventy five dollars ($75.00) and the fee for towing shall be as invoiced; provided, however, that no fees shall be assessed for any immobilization or tow which has been determined to be in error pursuant to a hearing which shall be held under the following procedure:
1. A deposit of twenty five dollars ($25.00) on the immobilization fee and twenty five dollars ($25.00) on the towing fee must be submitted within twenty one (21) days of the receipt of a notice pursuant hereto, or twenty one (21) days after immobilization, whichever is later, with a written demand to the chief of police for a hearing on whether the motor vehicle was properly included on the immobilization list;
2. The hearing shall be held before the village's hearing officer within forty eight (48) hours of the receipt of the demand and the deposit required, unless an extension of time is agreed to by the parties;
3. Failure to demand or to attend a scheduled hearing shall be deemed a waiver of the right to a hearing. In the event of a failure to attend the scheduled hearing, the deposit shall be forfeited and applied to towing or immobilization fees specified herein; and
4. A hearing as provided in this subsection shall not determine the validity of or otherwise adjudicate any citation or parking violation issued relative to the immobilized vehicle but only shall determine the validity of assessment of the fees for immobilization and/or towing. (Ord. 2009-1032, 2-3-2009)