§ 96.13  IMMOBILIZATION/TOWING AND IMPOUNDMENT OF MOTOR VEHICLES.
   (A)   Any motor vehicle whose registered owner has been determined to be liable for ten or more vehicular standing or parking regulation violation(s), for which the fines or penalties assessed remain unpaid, may be immobilized, booted, or towed and impounded if:
      (1)   The ordinance enforcement administrator has determined that a person has been determined to be liable for ten or more ordinance violations, for which the fines or penalties remain unpaid.
      (2)   The person determined to be liable for ten or more violations is the registered owner of a motor vehicle located within the village’s geographical boundaries.
      (3)   A seizure notice has been sent to the registered owner of the motor vehicle located within the geographical boundaries of the village which contains, but shall not be limited to, the following:
         (a)   That a final determination has been made on ten or more ordinance violations, for which the fines and penalties remain unpaid.
         (b)   A listing of the violations for which the person has been determined to be liable, which shall include for each violation:
            1.   The ordinance violation notice number;
            2.   Date of issuance; and
            3.   Total amount of fines and penalties assessed.
         (c)   That the motor vehicle owned by the person and located within the village is subject to immobilization and/or towing and impoundment if the fines and penalties are not paid within 15 days of the date of the notice.
         (d)   Date of immobilization.
         (e)   Date of impending towing and impoundment.
         (f)   That the registered owner may contest the validity of the notice by appearing in person before the ordinance administrator within fifteen (30) days of the date of the notice and submitting evidence which would conclusively disprove liability, such as the following:
            1.   That the registered owner was not the owner or lessee of the vehicle on the date or dates the notices of violation were issued; or
            2.   That the fines or penalties for the violations cited in the notice were paid in full; or
            3.   That the registered owner has not accumulated ten or more ordinance violation notices which are unpaid, not adjudicated or for which no appearance was made.
      (4)   The motor vehicle of the registered owner to whom notice is sent has failed to make payment of the fines or penalties as specified in the notice and has failed to appear with evidence to conclusively disprove liability before the ordinance enforcement administrator to contest the validity of the notice.
(Ord. 11-10, passed 11-21-2011)