(A) Three or more vehicular standing or parking regulation violation(s), for which the fines or penalties remain unpaid. Any motor vehicles whose registered owner or lessee has been determined to be liable for three or more vehicular standing or parking regulation violation(s), for which the fines or penalties assessed remain unpaid, may be immobilized and subsequently towed and impounded if:
(1) The Parking Administrator has determined that a person has been determined to be liable for three or more vehicular standing or parking regulation violation(s), the fines or penalties for which remain unpaid;
(2) The person determined to be liable for three or more violations is the registered owner of a motor vehicle located within the municipality’s geographical boundaries;
(3) A pre-immobilization notice has been sent to the registered owner of the motor vehicle which contains, but shall not be limited to, the following:
(a) A final determination has been made on three or more vehicular standing or parking regulation violation(s), the fines and penalties for which 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 or parking regulation violation notice number;
2. Date of issuance; and
3. Total amount of fine and penalty assessed.
(c) The motor vehicles owned by the person and located within the municipality are subject to immobilization and/or towing and impoundment if the fines and penalties are not paid within, but no later than, 14 days of the date of the notice; and
(d) The registered owner may contest the validity of the notice by fully completing and signing the request for hearing portion of one notice and by filing the request for hearing with the Parking Administrator within, but not later than, 14 days of the date of the notice. The request for hearing shall be deemed filed upon receipt by the Parking Administrator.
(4) The motor vehicle(s) of the registered owner to whom notice is sent has failed to make payment of the fines or penalties as specified in the notice and no timely request for hearing has been filed with the Parking Administrator to contest the validity of the notice; and
(5) Upon the receipt of the request for hearing to contest the validity of the notice of impending immobilization or towing and impoundment, the Parking Administrator shall schedule an administrative hearing to contest the validity of said notice on the next scheduled hearing date, but in no case shall the hearing be scheduled later than 30 days after the request for hearing is filed.
(a) The Parking 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 completed on the date it is placed in the United States mail.
(B) Notice.
(1) When, an eligible vehicle is immobilized, a notice shall be affixed to the vehicle, advising the registered owner or lessee of the procedures and requirements to have the immobilization device removed.
(2) Such notice shall include:
(a) A caution not to attempt to move the vehicle or remove the immobilization device without village authorization and assistance;
(b) The date and time when the immobilization device was affixed to the vehicle;
(c) The signature and identification number of the person who affixed the immobilization device to the vehicle;
(d) The state registration number, if known, and make of the vehicle;
(e) A statement that payment of the fines along with a removal charge will be required for removal of the device and final disposition of the matter;
(f) A statement that the opportunity to contest the grounds for the immobilization is available but must be written and filed with the Village Parking Administrator within 48 hours of the time at which the immobilization device was affixed to the vehicle;
(g) The contact name, telephone number and daytime hours of the village office where payment of the fines can made or information regarding the procedures for filing a protest can be obtained;
(h) The contact name and telephone number of a village official/employee responsible for after-hours assistance; and
(i) A warning that states that if the vehicle remains immobilized for 48 hours, it will be subject to impoundment, and any and all fees/costs associated with such towing/impoundment.
(C) Procedures following immobilization. The registered owner or lessee of an immobilized vehicle may pursue one of three courses of action, the outcome of any of which shall be considered a final determination of liability on the case:
(1) Payment by the registered owner or lessee of the fines and removal charge at any time before impoundment of the vehicle; (payment does not preclude subsequent contesting of the violation(s) pursuant to divisions (C)(2) or (C)(3) below);
(2) An informal notice of dispute filed with the municipal collector’s office within 48 hours of the immobilization. An informal notice of dispute under this section shall entail an affidavit, signed by the owner and made subject to the penalties of perjury, wherein the owner denies there are three or more unchallenged, unpaid parking violations outstanding against them at the time of the immobilization. The immobilization device shall remain affixed to the vehicle pending the outcome of the dispute and/or payment of the fines and removal charge. Informal notices of dispute shall be evaluated by the Village Parking Administrator or his or her designee on the basis of the affidavit and established village policy; or
(3) A request for a hearing on the immobilization by Village Parking Administrator, which shall be conducted according to the procedures for challenges to parking violations set forth in this code The sole issue to be determined by the Hearing Officer at a hearing under this section will be whether there were three or more unchallenged and unpaid parking violations issued to the registered owner of the vehicle at the time of the immobilization. The immobilization device shall remain affixed to the vehicle pending the outcome of the hearing and/or payment of the fines and removal charge.
(D) Vehicle impoundment. After an immobilized vehicle has been impounded under this section, a notice shall be sent to the registered owner or lessee within 48 hours of the vehicle’s removal. The procedures for the towing and disposition of an immobilized vehicle shall thereafter be the same as the procedures for the towing of other vehicles pursuant to police order, as set forth in §§ 72.30 and 72.31.
(E) Unauthorized removal of vehicle or device prohibited.
(1) No person shall move or cause to be moved any vehicle that has an immobilization device attached thereto, except as authorized by a police officer or a Village Parking Enforcement Officer.
(2) No person shall remove or cause to have removed from any vehicle an immobilization device placed thereon by a Village Parking Enforcement Officer or police officer.
(F) The Parking 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 or state law;
(2) The individual, agency or company is fully insured; and
(3) The individual, agency or company has available a secured impound area within which to retain vehicles impounded hereunder. For the purpose of this section, a SECURED AREA shall mean 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. 4208, passed 12-16-2013; Ord. 4232, passed 5-12-2014)