The registered owner of a towed vehicle may challenge the validity of any tow and related fines and fees by prosecuting an appeal pursuant to this section.
A. Initiation Of Appeal: To initiate a post-tow appeal, the registered owner of the towed vehicle shall deliver a "notice of post-tow appeal" to the Police Chief no later than ten (10) days after the earlier of:
1. The towed vehicle's release pursuant to section 6-8D-10 of this article; or
2. The delivery or mailing of a post-tow notice pursuant to subsection 6-8D-9A of this article.
The notice of post-tow appeal shall state whether a post-tow hearing is requested and shall state the general nature of the registered owner's defense.
B. Waiver: The registered owner of a towed vehicle shall be deemed to have waived the right to a post-tow appeal if the registered owner fails to initiate a post-tow appeal pursuant to subsection A of this section.
C. Post-Tow Hearing:
1. Scheduling Of Hearing; Waiver: The Police Chief shall schedule, in consultation with the registered owner of the towed vehicle, a post-tow hearing no later than three (3) days, excluding weekends and holidays, after the Police Chief receives the notice of post-tow appeal pursuant to subsection A of this section, or on such later day as is mutually agreed by the parties. The registered owner shall be deemed to have waived the right to a post-tow appeal if the registered owner fails to appear for the post-tow hearing without prior notice of absence and good cause shown therefor.
2. Conduct Of Hearing; Burden: The Police Chief may conduct the post-tow hearing or may appoint a Hearing Officer to conduct the hearing. The Enforcement Officer responsible for the decision to tow the vehicle shall not serve as the Hearing Officer. The Hearing Officer may be the same Hearing Officer as presided over the pre-tow hearing regarding the same vehicle. The registered owner of the vehicle must appear in person at the hearing. To invalidate the tow, the registered owner must submit evidence that conclusively demonstrates that the towing of the vehicle was not authorized pursuant to this article or was otherwise invalid. The Police Chief or Hearing Officer shall have the authority to require the presence of the Enforcement Officer who was responsible for the tow and any other Village personnel, and to request the presence of other witnesses at the hearing.
3. No Determination Of Violations: A post-tow appeal and hearing shall not be determinative of, and shall not be used or construed to adjudicate, any citation or violation of any Village ordinance relating to the vehicle in question.
D. Decision On Post-Tow Appeal:
1. Decision: Based on the hearing record, the Police Chief shall issue a written decision: a) affirming, in whole or in part, the validity of the tow or any related fines and fees, or b) invalidating, in whole or in part, the tow or any related fines and fees. The Police Chief shall deliver a copy of the Police Chief's decision to the registered owner of the vehicle in question within three (3) days after the conclusion of the post- tow hearing. The decision of the Police Chief on a post-tow appeal shall be final.
2. Action If Affirmation: If the Police Chief affirms the validity of the tow of a vehicle that has been released pursuant to section 6-8D-10 of this article, then the Village shall retain all amounts paid pursuant to subsection 6-8D-10A of this article. If the Police Chief affirms the validity of the tow of a vehicle that has not been released pursuant to section 6-8D-10 of this article, then the Police Chief shall include in the Police Chief's decision: a) an explanation that the registered owner may secure the release of the towed vehicle pursuant to the provisions set forth in section 6-8D-10 of this article, and b) the total amount of fines and fees, accrued to that date, that must be paid prior to release of the vehicle in question.
3. Action If Invalidated: If the Police Chief invalidates in whole the subject tow, then the Village shall, in the case of a previously released vehicle, return to the registered owner all amounts received pursuant to section 6-8D-10 of this article, or, if the vehicle has not been released, authorize the immediate release of the vehicle. (Ord. 2017-3-186, 3-20-2017)