(A) Unless stayed by a court of competent jurisdiction, any administrative fee imposed under this section which remains unpaid in whole or in part after the expiration of the deadline for seeking judicial review under the Administrative Review Law may be enforced in the same manner as a judgment entered by a court of competent jurisdiction. Except as otherwise provided in this chapter, a motor vehicle impounded pursuant to this chapter shall remain impounded until:
(1) The administrative fee is paid in full to the village and all applicable towing and storage fees are paid to the towing agent, in which case the owner of record shall be given possession of the motor vehicle;
(2) A cash bond in the amount of $500 is posted with the village treasurer and all applicable towing and storage fees are paid to the towing agent, at which time the motor vehicle shall be released to the owner of record; or
(3) The motor vehicle is sold or otherwise disposed of to satisfy a judgment or enforce a lien as provided by law.
(B) Notwithstanding any other provision of this section, whenever a person with a lien of record against a motor vehicle impounded under this section has commenced foreclosure proceedings, possession of the motor vehicle shall be given to that person if he pays the applicable towing and storage fees and agrees in writing to refund to the village the net proceeds of any foreclosure sale, less any amounts necessary to pay all lien holders of record, up to the total amount of administrative penalties imposed under this chapter. Notwithstanding any other provision of this section, no vehicle that was seized and impounded pursuant to state or federal drug asset forfeiture laws shall be returned to the owner of record unless and until the village has received 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 vehicle shall be returned to the owner of record.
(Ord. 23-02-01, passed 2-28-2023; Ord. 23-10-01, passed 10-24-2023)