(A) 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.
(B) The hearing officer shall consider as a defense to the vehicle impoundment that the motor vehicle was stolen or hijacked at the time the vehicle was impounded; to demonstrate that the motor vehicle was hijacked or stolen at the time the vehicle was impounded, the owner or the agents of the owner or a lessee must submit proof that a report concerning the motor vehicle was filed with a law enforcement agency in a timely manner.
(C) At the conclusion of the administrative hearing, the hearing officer shall issue a written decision either sustaining or overruling the vehicle impoundment.
(D) 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 village.
(E) All final decisions of the administrative hearing officer shall be subject to review under the provisions of the Administrative Review Law.
(F) 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.
(G) If the administrative hearing officer finds that the village exceeded its authority under the Illinois Vehicle Code, the village shall be liable to the registered owner or lessee of the vehicle for the cost of storage fees and reasonable attorney's fees.
(H) Notwithstanding any other provision of law to the contrary, if the administrative hearing officer finds that a village impounded a motor vehicle that was stolen or hijacked at the time the vehicle was impounded, the village shall refund any administrative fees already paid by the registered owner or lessee of the vehicle.
(I) All interested persons shall be given a reasonable opportunity to be heard at any vehicle impoundment hearing. The formal rules of evidence will not apply at any such hearing.
(J) Any sworn or affirmed report, including a report prepared in compliance with Section 11-501.1 of the Illinois Vehicle Code (ILCS Ch. 625, Act 5, § 11-501.1) that is prepared in the performance of a law enforcement officer's duties and sufficiently describes the circumstances leading to the impoundment, shall be admissible evidence of the owner of record's liability, and shall support a finding of the owner of record's liability, unless rebutted by clear and convincing evidence.
(K) The technical rules of evidence shall not apply.
(L) The hearings shall be recorded, and the person conducting the hearing on behalf of the traffic compliance administrator shall be empowered to administer oaths and to issue subpoena for both the attendance and testimony of witnesses and the production of relevant books and papers.
(Ord. 23-02-01, passed 2-28-2023; Ord. 23-10-01, passed 10-24-2023)