(A) Notice of impoundment. Within five business days after a vehicle is impounded, the city shall notify the owner of the vehicle, by personal service or by certified mail, of the impoundment and the owner’s right to request an administrative hearing. The notice of impoundment shall be in the form of the “Notice of Administrative Vehicle Impound” and “Rights Pursuant to Notice of Administrative Vehicle Impound” prepared by the Police Department, as amended from time to time, and shall include the following information:
(1) The description of the vehicle, including year, make, model, registration and vehicle identification number (VIN);
(2) The present location of the motor vehicle;
(3) The reason(s) for impoundment of the vehicle;
(4) The opportunity for the owner to submit a hearing request to contest the impoundment, and the consequences of the failure to submit a hearing request; and
(5) The opportunity for the owner to reclaim the vehicle, and the consequences of the failure to reclaim the vehicle.
(B) Service. In addition to personal service on the operator of the vehicle, if any, at the time of impoundment, the notice of impoundment shall be served personally or by certified mail to the address of the vehicle owner, and lienholder, if any, as registered with the Secretary of State. The date the notice is deposited in the United States mail or personally delivered to the owner’s address shall be deemed the date of service.
(C) Hearing requests. The owner of record or lessee may contest the impoundment by filing a timely written request for an administrative hearing to challenge whether a violation of this chapter has occurred. Such request shall be filed no later than ten business days after service of the notice of impoundment.
(D) Hearing dates. If a hearing is requested, an administrative hearing date shall be assigned that follows the city’s scheduled administrative hearing calendar, which hearing shall be convened no earlier than the next available administrative hearing date and no later than 45 days after the date of the city’s receipt of the hearing request.
(E) Hearing location notification. The vehicle owner or lessee requesting the hearing, and the lienholder, if any, shall be notified by first class mail of the date, time and location of the scheduled administrative hearing. The owner or lessee and interested parties shall be given a reasonable opportunity to be heard at the hearing, and the parties may be represented by counsel, at their expense. The hearing shall follow the procedures for administrative hearings as described in Chapter 11 of this code, provided that where any conflict exists between Chapter 11 of this code and the provisions of this Chapter 76 as to the administrative hearing concerning the impoundment of the vehicle, the provisions of this chapter shall control.
(F) Nonresidents. If the owner of record lives outside Lake County, Illinois, the owner may file a request for a non-appearance hearing as allowed for under Chapter 11 of this code.
(G) Finding for city. If, after the administrative hearing, the hearing officer determines by a preponderance of evidence that the vehicle was used in connection with prohibited conduct as provided in this chapter, the hearing officer shall enter an order finding the owner of record of the vehicle civilly liable to the city for the administrative penalty fee and any towing and storage fees.
(H) Debts owing. A penalty imposed pursuant to this chapter shall constitute a debt due and owing to the city.
(I) Finding for vehicle owner. If, after the hearing, the Administrative Hearing Officer does not determine by a preponderance of evidence that the vehicle was used in connection with prohibited conduct as provided in this chapter, the hearing officer shall enter an order finding for the owner and for return of the vehicle and any impoundment penalty fee, bond or towing and storage fees previously paid.
(J) Hearing request not filed. If a request for an administrative hearing is not received by the City within the period provided in § 76.03(C), the owner shall be deemed to have waived his or her right to a hearing and the hearing officer will enter a default order in favor of the city in the amount of the administrative penalty fee.
(Ord. 2014-17, passed 5-19-2014)