If, after the vehicle impoundment hearing, the hearing officer determines by a preponderance of the evidence that the motor vehicle was used in the violation, the hearing officer shall enter an order finding the owner of record liable to the village for the amount of the administrative fee prescribed, plus applicable towing and storage fees payable to the towing agent. If, after a hearing, the hearing officer does not determine by a preponderance of the evidence that the motor vehicle was used in such a violation, the hearing officer shall enter an order finding for the owner of record and for the return of the motor vehicle and any previously paid administrative fee and applicable towing and storage fees; provided that if the motor vehicle was seized and impounded pursuant to state or federal drug asset forfeiture laws, the motor vehicle shall not be returned unless and until the village receives notice from the appropriate, state, or where applicable, federal officials that forfeiture proceedings will not be instituted; or forfeiture proceedings have concluded and there is a settlement or a court order providing that the motor vehicle shall be returned to the owner of record. If no interested party appears at the administrative hearing, the owner of record and all other interested parties shall be deemed to have waived their right to such a hearing and the hearing officer shall enter a default order in favor of the village for the amount of the administrative fee prescribed, plus applicable towing and storage fees payable to the towing agent. However, if the owner of record pays such administrative fee and applicable towing and storage fees and the motor vehicle is returned to the owner of record, no default order need be entered if the owner of record is informed of his right to a hearing and signs a written waiver, in which case an order of liability shall be deemed to have been made when the village receives the written waiver.
(Ord. 23-02-01, passed 2-28-2023; Ord. 23-10-01, passed 10-24-2023)