(A) Any motor vehicle, whose registered owner has been determined to be liable for five or more vehicular standing, parking or compliance violation(s) for which the fines or penalties assessed remain unpaid, may be immobilized or towed and impounded if:
(1) The Traffic Compliance Administrator has determined that a person has been determined to be liable for five or more vehicular standing, parking or compliance violation(s) for which the fines or penalties remain unpaid.
(2) The person determined to be liable for five or more violations is the registered owner of a motor vehicle located within the city’s geographical boundaries.
(3) A pre-towing notice has been sent to the registered owner of the motor vehicle located within the geographical boundaries of the city which pre-towing notice shall contain, but not be limited to the following:
(a) A final determination has been made on five or more vehicular standing, parking or compliance violation(s) for which the fines and penalties remain unpaid;
(b) A listing of the violation(s) for which the person has been determined to be liable, which shall include for each violation:
1. The vehicular standing, parking or compliance violation notice number;
2. Date of issuance of the violation notice(s); and
3. Total amount of fine(s) and penalty(s) assessed.
(c) The motor vehicle(s) owned by the person and located within the city is subject to immobilization and/or towing and impoundment if the fines and penalties are not paid within 14 days of the date of the pre-towing notice;
(d) The registered owner may contest the validity of the pre-towing notice by fully completing and signing the request for hearing portion of the pre-towing notice and by filing the request for hearing with the Traffic Compliance Administrator within, but not later than, 14 days of the date of the pre-towing notice; and
(e) The request for hearing shall be deemed filed upon receipt by the Traffic Compliance Administrator.
(4) The registered owner of the motor vehicle(s) to whom a pre-towing notice is sent has failed to make payment of the fines or penalties as specified in the pre-towing notice and no timely request for hearing has been filed with the Traffic Compliance Administrator to contest the validity of the notice; and
(5) Upon the receipt of a request for hearing to contest the validity or the pre-towing notice of impending immobilization or towing and impoundment, the Traffic Compliance Administrator shall schedule an administrative hearing, to contest the validity of pre-towing notice by disproving liability for the unpaid final determinations of parking, standing or compliance violation liability listed on the pre- towing notice, on the next available hearing date, but, in no case, shall the hearing be schedule later than 60 days after the request for hearing is filed.
(a) The Traffic Compliance Administrator shall serve notice of the hearing date upon the registered owner.
(b) Notice shall be sent by first class mail, postage prepaid, to the address as is set forth on the request for hearing.
(c) Service of the notice shall be complete on the date it is placed in the United States mail.
(B) The registered owner of a vehicle(s) immobilized or towed and impounded under this section, shall have the right to a prompt administrative hearing without the requirement of payment of outstanding fines and penalties for which final determination has been made.
(1) The Traffic Compliance Administrator shall serve a post-towing notice upon the registered owner of a vehicle immobilized or towed and impounded under this section which post-towing notice shall contain, but not be limited to the following information:
(a) Date of immobilization or towing and date of impoundment;
(b) Location of vehicle;
(c) That the vehicle was immobilized under this section of this chapter for non-payment of fines or penalties assessed for five or more vehicular standing, parking or compliance violation(s) for which the registered owner has been determined liable and notified of impending immobilization or towing and impoundment;
(d) Date of the pre-towing notice of impending immobilization or towing and impoundment; and
(e) That the registered owner may contest the validity of the immobilization or towing and impoundment by completing and signing the request for hearing portion of the notice and filing the request for hearing with the Traffic Compliance Administrator within, but not later than, 14 days of the date of the post-towing notice which shall be deemed filed upon receipt by the Traffic Compliance Administrator.
(2) Upon the receipt of the request for hearing to contest the validity of the immobilization or towing and impoundment, the Traffic Compliance Administrator shall schedule an administrative hearing, to contest the validity of the immobilization or towing and impoundment, on the next available hearing date or sooner for good cause shown, but in no case shall the hearing be scheduled later than 60 days after the request for hearing is filed.
(a) The Traffic Compliance Administrator shall serve notice of the hearing date upon the registered owner.
(b) Notice shall be sent by first class mail, postage prepaid to the address as is set forth on the request for hearing.
(c) Service of the notice shall be complete on the date it is placed in the United States mail.
(3) An order entered after the hearing to contest the validity of the immobilization or towing and impoundment is a final administrative decision within the meaning of ILCS Ch. 735, Act 5, §§ 3-101 et seq., incorporated herein and made a part hereof by reference.
(C) A vehicle impounded pursuant to this section shall be released to the registered owner thereof, or his or her agent, upon payment of the fines and penalties due and owing the city as specified in the pre-towing notice sent in accordance with division (A)(3) above and the payment of towing charges and accrued daily impound charges or upon order of the Hearing Officer following hearing contesting the validity of the impoundment.
(D) The Traffic Compliance Administrator shall appoint or retain the services of an individual agency or company to tow and impound vehicles in accordance herewith, provided:
(1) The individual, agency or company is fully licensed according to local and state law;
(2) The individual, agency or company is fully insured; and
(3) (a) The individual, agency or company has available a secured impound area within which to retain vehicles impounded hereunder.
(b) For the purpose of this division (D)(3), the following definition shall apply unless the context clearly indicates or requires a different meaning.
SECURED AREA. An area bounded by a fence, chain-link or otherwise, of a sufficient height and with locking gates so as to minimize or prevent unauthorized entry into the impounded vehicles.
(Ord. 1415, passed 4-21-1998)