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Where the owner of record of a motor vehicle seized under the provisions of this chapter makes a request, in writing and filed with the Chief of Police or the Chief of Police’s designee, for a preliminary hearing within 12 hours after seizure of the motor vehicle, the Chief of Police or the Chief of Police’s designee must conduct a preliminary hearing within 24 hours after the request for a preliminary hearing is received by the city, provided that if the date of the preliminary hearing falls on a Saturday, Sunday or legal holiday, the preliminary hearing will be held on the next business day following the Saturday, Sunday or legal holiday. For purposes of this section, the following shall apply:
(A) All interested persons shall be given a reasonable opportunity to be heard at the preliminary hearing;
(B) The formal rules of evidence shall not apply at the preliminary hearing, and hearsay testimony shall be allowed, and shall be admissible;
(C) If, after the conclusion of the preliminary hearing, the Chief of Police or the Chief of Police’s designee determines that there is a probable cause to believe that the motor vehicle was used as provided in § 71.22(A) and (B), the Chief of Police or the Chief of Police’s designee shall order the continued impoundment of the motor vehicle, unless the owner of record of the motor vehicle posts a cash bond with the City in the amount of $250 for Class 1 offenses, or $500 for Class 2 offenses, and pays the towing or storage costs to the applicable tow company, as set forth in § 71.23 and § 71.25; and
(D) If the Chief of Police or the Chief of Police’s designee determine that there is not probable cause to believe that the motor vehicle was used as provided in § 71.22, the motor vehicle shall be returned to the owner of record of the motor vehicle without any fees or other costs, but the owner of record shall be responsible to pay any towing or storage charges to the applicable tow company.
(Ord. 2684, passed 4-24-2017)
(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)
(A) If the administrative fee and other applicable fees are not paid within 35 days after an administrative fee is imposed against an owner of record who defaults by failing to appear at the hearings provided in § 71.25, or who admits guilt at the plea hearing, the motor vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed motor vehicles pursuant to ILCS Ch. 625, Act 5, §§ 1-100, et seq., as amended. In all other cases, if the administrative fee and applicable towing and storage costs to the applicable tow company are not paid within 35 days after the expiration of time by which administrative review of the hearing officer's determination may be sought pursuant to § 71.29 below, or within 35 days after an action seeking administrative review has been resolved in favor of the city, whichever is applicable, the motor vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed motor vehicles pursuant to ILCS Ch. 625, Act 5, §§ 1-100, et seq., as amended.
(B) Except as otherwise specifically provided by law, no owner of record, lien holder or other person shall legally entitled to take possession of a motor vehicle impounded under this chapter until the administrative fee and towing and storage costs to the applicable tow company imposed pursuant to this chapter have been paid. However, whenever a person with a lien of record against an impounded motor vehicle has commenced foreclosure proceedings, possession of the motor vehicle shall be given to that person if he or she agrees in writing to refund to the city the amount of the net proceeds of any foreclosure sale, less any amounts required to pay all lien holders of record, not to exceed the administrative fee, plus the applicable towing and storage costs.
(C) Costs for towing and storage of a motor vehicle pursuant to this chapter shall be those approved by the Chief of Police for all tow companies authorized to tow for the Police Department.
(Ord. 2684, passed 4-24-2017)
This subchapter is in addition to and shall not replace or otherwise abrogate any existing state or federal laws or any ordinance that relates to the seizure of impoundment of motor vehicles. Any fee provided for in this seizure or impoundment of motor vehicles, and any fee provided for in this chapter shall be in addition to any and all penalties that may be assessed or imposed by the court for any criminal charges. This section shall not apply:
(A) If the motor vehicle used in the violation was stolen at the time of the violation and verifiable proof of the theft is provided to the city;
(B) If the motor vehicle is operated as a common carrier as defined by applicable law and the violation occurs without the knowledge of the person in control of the motor vehicle; or
(C) If the motor vehicle is subject to successful forfeiture proceedings under ILCS Ch. 725, Act 50, §§ l et seq., as amended (“Drug Asset Forfeiture Procedure Act”), ILCS Ch. 720, Act 5, §§ 36-1 et seq., as amended (“Seizure and Forfeiture of Vessels, Vehicles and Aircraft”); or other state or federal forfeiture laws.
(Ord. 2684, passed 4-24-2017)
Any owner of record, lessee, lien holder or other person with a legal interest in the motor vehicle, shall have the right to appeal the decision of the hearing officer to the Circuit Court of LaSalle County, Illinois, pursuant to the Administrative Review Act, ILCS Ch. 735, Act 5, §§ 3-101, et seq., as amended. Unless stayed by a court of competent jurisdiction, any fine, penalty, or administrative fee imposed under this chapter which remains unpaid in whole or in part after the expiration of the deadline for seeking judicial review under the Administrative Review Act may be enforced in the same manner as a judgment entered by a court of competent jurisdiction.
(Ord. 2684, passed 4-24-2017)