(A) Notice of hearing. Within 10 days after a motor vehicle is impounded pursuant to this chapter, the village shall notify the owner of record or lessee and any lienholder of record of the date, time, and location of a plea hearing that shall be conducted pursuant to § 76.04. Such notice shall be served by first class mail to the address registered with the Secretary of State or by personal service to the owner of record or lessee and any lienholder of record. The plea hearing shall be conducted by a hearing officer designated by the Board of Trustees. The owner of record or lessee may appear at a plea hearing and enter a plea of guilty or not guilty. If a plea of guilty is entered, or if the owner of record or lessee fails to appear, the cause shall be disposed of at that time, with an order or a default order in favor of the village, which order or default order shall require the payment to the village of the $400 administrative fee and the payment of towing and storage costs to the applicable towing company, and the continued impoundment of the motor vehicle until the owner of record, lessee, or lienholder of record pays to the village the $400 administrative fee and pays the towing and storage costs to the applicable towing company. If the owner of record, lessee, or lienholder of record has previously posted the bond authorized by § 76.03 and paid the applicable towing and storage costs to the towing company for the release of the vehicle, then no further fees or costs shall be due. If the owner of record or lessee pleads not guilty, an evidentiary hearing shall be scheduled and held not later than 45 days after the motor vehicle was impounded, unless continued by the hearing officer. All interested persons shall be given a reasonable opportunity to be heard at the evidentiary hearing. At any time prior to the evidentiary hearing date, the hearing officer may, at the request of either the village or the owner of record or lessee, direct witnesses to appear and give testimony at the evidentiary hearing. The formal rules of evidence shall not apply at the evidentiary hearing, and hearsay evidence shall be admissible if it is the type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
(B) If, after the evidentiary hearing, the hearing officer determines, by a preponderance of the evidence, that the motor vehicle was used in connection with a violation set forth in § 76.02, the hearing officer shall enter an order finding the owner of record or lessee of the motor vehicle civilly liable to the village for an administrative fee in the amount of $400 and require the motor vehicle to continue to be impounded until the owner of record, lessee, or lienholder of record pays the administrative fee to the village and also pays the applicable towing and storage costs to the applicable towing company. If the owner of record or lessee fails to appear at the evidentiary 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 $400 administrative fee and the payment of the towing and storage costs to the applicable towing company, and the continued impoundment of the motor vehicle until the owner of record or lessee pays the village the $400 administrative fee and pays the towing and storage costs to the applicable towing company. If the owner of record, lessee, or a lienholder of record has previously posted the bond authorized by § 76.03 and paid the applicable towing and storage costs to the towing company for the release of the vehicle, then no further fees or costs shall be due. The $400 administrative fee shall be a debt due to the village, and the village may seek to obtain a judgment on the debt and enforce such judgment as provided by law.
(C) If after a hearing the hearing officer finds no such violation occurred, the hearing officer shall order the immediate return of the motor vehicle to the owner of record, lessee, or lienholder of record without any fee or other costs, or, if a cash bond has previously been posted, the cash bond shall be returned. However, the village shall not be responsible for the payment of towing or storage fees. If the hearing officer finds that the village exceeded its authority in seizing and impounding 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 attorney's fees.
(D) At the evidentiary hearing, the citation setting forth the violation shall be prima facie evidence that the violation was committed as provided in the citation, and the burden of proof shall be upon the owner of record to prove that the violation was not committed.
(Ord. 14-02, passed 1-13-2014; Ord. 2020-01, passed 2-3-2017)