(A) Authority. The towing of vehicles by the city, or by its approved towing service operators on behalf of the city, shall be authorized only by the city Police Department and only under the circumstances herein provided. Towed vehicles shall be impounded at facilities designated by the city Police Department until lawfully claimed or disposed of pursuant to ILCS Ch. 625.
(B) Towing without notice; immediate tows. Hazardous or unlawful vehicles may be towed without prior notice; except that, when an unlawful vehicle is only one that has been reported as stolen and is not towable for some other specific reason, the owner should be, when practicable, notified by telephone or other means and given the opportunity to claim or move the vehicle, if he so wishes, to avoid incurring the expenses of a police-ordered tow. However, the vehicle may be towed if the owner permitted the tow to be made when the vehicle was stolen or at any time thereafter, in the form provided in § 71.10. Within 24 hours after towing a vehicle pursuant to this chapter, a notice shall be sent to or personally delivered to the owner of the vehicle affording the opportunity for a hearing as provided in §§ 71.05 and 71.06.
(D) The notice of towing shall comply with the state enabling statute set forth in the Illinois Municipal Code, ILCS Ch. 625, Act 5, § 11-208.7, and shall include the following:
(1) Whenever a police officer has cause to believe that a motor vehicle is subject to impoundment, the officer shall provide for the towing of the vehicle to a facility authorized by the city.
(2) At the time the vehicle is towed, the city shall notify or make a reasonable attempt to notify the owner, lessee, or person identifying himself or herself as the owner or lessee of the vehicle, or any person who is found to be in control of the vehicle at the time of the alleged offense, of the fact of the seizure, and of the vehicle owner's or lessee's right to an administrative hearing.
(3) The city shall also provide notice that the motor vehicle will remain impounded pending the completion of an administrative hearing, unless the owner or lessee of the vehicle or a lienholder posts with the county or municipality a bond equal to the administrative fee as provided by ordinance and pays for all towing and storage charges.
(E) The notice provided to registered owner or lessee of the vehicle and any lienholder of record shall include the following in accordance with the following process:
(1) Be served upon the owner, lessee, and any lienholder of record either by personal service or by first class mail to the interested party's address as registered with the Secretary of State;
(2) Be served upon interested parties within ten days after a vehicle is impounded by the municipality; and
(3) Contain the date, time, and location of the administrative hearing. An initial hearing shall be scheduled and convened no later than 45 days after the date of the mailing of the notice of hearing.
(F) The administrative hearing if requested shall be conducted in accordance with the following provisions:
(1) Administrative hearings shall be conducted by a hearing officer who is an attorney licensed to practice law in this state for a minimum of three years;
(2) At the conclusion of the administrative hearing, the hearing officer shall issue a written decision either sustaining or overruling the vehicle impoundment;
(3) If the basis for the vehicle impoundment is sustained by the administrative hearing officer, any administrative fee posted to secure the release of the vehicle shall be forfeited to the county or municipality;
(4) All final decisions of the administrative hearing officer shall be subject to review under the provisions of the Administrative Review Law, unless the city allows in the enabling ordinance for direct appeal to the circuit court having jurisdiction over the city;
(5) Unless the administrative hearing officer overturns the basis for the vehicle impoundment, no vehicle shall be released to the owner, lessee, or lienholder of record until all administrative fees and towing and storage charges are paid; and
(6) If the administrative hearing officer finds that a city that impounds a vehicle exceeded its authority under this Code, the city shall be liable to the registered owner or lessee of the vehicle for the cost of storage fees and reasonable attorney's fees.
(`79 Code, § 71.02) (Ord. 1100, passed 1-18-88; Am. Ord. 17-016, passed 6-7-17)