(A) Within ten days after a motor vehicle is impounded pursuant to this chapter, the city shall notify the owner of record, any lessee and any lien holder of record, of the date, time and location of a plea hearing that shall be conducted, pursuant to this section. Such notice shall be mailed by certified mail, return receipt requested, and first class U.S. mail to the owner of record, any lessee and any lien holder of record, as shown on the records of the Illinois Secretary of State. Notice by certified mail or first class U.S. mail need not be given when the owner of record of the motor vehicle, any lessee and any lien holder of record have been personally served with notice, in written form, of the time, date and location of the plea hearing. The plea hearing shall be conducted by a hearing officer, appointed by the Mayor, with the advice and consent of the City Council. The owner of record, any lessee and any lien holder of record shall appear at a plea hearing and enter a plea of guilty of not guilty. If a plea of guilty is entered, or if the owner of record, any lessee and lien holder of record fail to appear, the case shall be disposed of at that time, with an order/default order in favor of the city, which order/default order shall require the payment to the city of the $250 administrative fee for Class 1 offenses, or the $500 administrative fee for Class 2 offenses, and towing and storage costs to the applicable tow company, and the continued impoundment of the motor vehicle until the owner of record, any lessee or lien holder of record pays to the city applicable administrative fee and towing and storage cost to the tow company. If the owner of record, any lessee or any lien holder of record pleads not guilty, an evidentiary hearing shall be scheduled and held no later than 45 days after the date of mailing the notice of hearing, 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 the city, the owner or record, any lessee or lien holder of record, 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.
(B) If, after the evidentiary hearing, the hearing officer determines, by a preponderance of the evidence, that that motor vehicle was used in connection with a violation set forth in § 71.21 including divisions (A) through (G) thereof above, the hearing officer shall enter an order finding the owner of record of the motor vehicle civilly liable to the city for an administrative fee in the amount of $250 for Class 1 offenses, or $500 for Class 2 offenses, and require the motor vehicle to continue to be impounded until the applicable administrative fee is paid to the city, plus applicable towing and storage costs to the applicable tow company. The applicable administrative fee shall be a debt due to the city. If a cash bond has been posted pursuant to § 71.23, the bond shall be applied to the administrative fee. If the owner of record fails to appear at the evidentiary hearing, the hearing officer shall enter a default order in favor of the city, which order shall require payment to the city of the $250 administrative fee for Class 1 offenses, or the $500 administrative fee for Class 2 offenses, and towing and storage costs to the applicable tow company, and the continued impoundment of the motor vehicle until the applicable administrative fee is paid to the city and towing and storage costs are paid to the applicable towing company. If the hearing officer finds no such violation occurred, the hearing officer shall order the immediate return of the owner of record’s motor vehicle without any fee or other costs, or if a cash bond had previously been posted, the cash bond shall be returned, but the owner of record shall be responsible for an towing or storage charges to the applicable tow company. All orders entered by the hearing officer under this section shall be in writing.
(C) At the evidentiary hearing, the violation citation 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. 2684, passed 4-24-2017)