(A) The owner of record of any motor vehicle which is used in connection with a violation of § 133.04, or that contains cannabis as defined by the Illinois Cannabis Act, 720 ILCS 550, or a controlled substance counterfeit substance, controlled substance analog, or a look-alike substance as defined by the Illinois Controlled Substances Act, 720 ILCS 570, unless otherwise authorized by a valid registration under said Act, or a motor vehicle transporting firearms in violation of § 137.03, shall be subject to seizure and impoundment and liable to the village for an administrative penalty not to exceed $500 plus any towing and storage fees as hereinafter provided. This division (A) shall not apply:
(1) If the vehicle used in the violation was stolen at that time and the theft was reported to the appropriate police authorities within 24 hours after the theft was discovered or reasonably should have been discovered; or
(2) If the vehicle is operating as a common carrier and the violations occurs without the knowledge of the person in control of the vehicle.
(B) Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this section, the police officer shall provide for the towing of the vehicle to a facility controlled by the village or its agents. Before or at the time the vehicle is towed, the police officer shall notify any person identifying himself or herself as the owner of the vehicle or any person who is found to be in control of the vehicle at the time of the alleged violation, of the fact of the seizure and of the vehicle owner’s right to request a vehicle impoundment hearing to be conducted under this section.
(C) Whenever the owner of record of a vehicle seized pursuant to this section makes a request of the Police Department in person and in writing for a vehicle impoundment hearing after the seizure, a Hearing Officer shall conduct the vehicle impoundment hearing within 24 hours after such request is made, excluding Saturdays, Sundays and legal holidays. All interested persons shall be given a reasonable opportunity to be heard at the vehicle impoundment hearing. The formal rules of evidence will not apply at the hearing and hearsay evidence shall be admissible. If, after the hearing, the Hearing Officer determines that there is probable cause to believe that the vehicle is subject to seizure and impoundment under division (A) above, the Hearing Officer shall order the continued impoundment of the vehicle as provided in this section unless the owner of the vehicle posts with the Department of Revenue a cash bond in the amount to exceed $500 plus any applicable towing and storage fees.
(D) Unless a hearing is held pursuant to division (C) above, within ten days after a vehicle is seized and impounded pursuant to this section, the village shall notify by certified mail, return receipt requested, the owner of record of the date, time and location of a hearing that will be conducted pursuant to this section. The hearing shall be schedule and held, unless continued by order of the Hearing Officer, no later than 30 days after the vehicle was seized. The hearing shall be conducted by a Hearing Officer appointed by that Village President. All interested persons shall be give a reasonable opportunity to be heard at the hearing. If, after the hearing, the Hearing Officer determines by a preponderance of evidence that the vehicle was used in connection with a violation of §§ 133.04 or 137.03, and that none of the exceptions described in divisions (A)(1) and (A)(2) applies, the Hearing Officer shall enter an order finding the owner of record of the vehicle civilly liable to the village for an administrative penalty in the amount not to exceed $500. If the owner of record fails to appear at the hearing, the Hearing Officer shall enter default order in favor of the village requiring the payment to the village of an administrative penalty in an amount not to exceed $500. If the Hearing Officer finds that no such violation occurred, the Hearing Officer shall order the immediate return of the owner’s vehicle or cash bond.
(E) (1) If an administrative penalty is imposed pursuant to this section, such penalty shall constitute a debt due and owing to the village. If a cash bond has been posted pursuant to this section, the bond shall be applied to the penalty. If a vehicle has been impounded when such a penalty is imposed the village may seek to obtain a judgment on the debt and enforce such judgment against the vehicle as provided by law. Except as provided otherwise in this section, a vehicle shall continue to be impounded until:
(a) The penalty, plus any applicable towing and storage fees, is paid to the village, in which case possession of the vehicle shall be given to the person who is legally entitled to posses the vehicle; or
(b) The vehicle is sold or otherwise disposed of to satisfy a judgment or enforce a lien as provided by law.
(2) If the administrative penalty and applicable fees are not paid within 30 days after an administrative penalty is imposed under division (D) above against an owner of record who defaults by failing to appear at the hearing, the vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed vehicles. In all other cases, if the administrative penalty and applicable fees are not paid within 30 days after the expiration of time at which administrative review of the Hearing Officer’s determination may be sought, or within 30 days after an action seeking administrative review has been resolved in favor of the village, whichever is applicable, the vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed vehicles under the Illinois Vehicle Code, 625 ILCS 5/4-208.
(3) Except as otherwise specifically provided by law, no owner, lienholder or other person shall be legally entitled to take possession of a vehicle impounded under this section until the civil penalty and fees applicable under this section have been paid. However, whenever a person with a lien of record against an impounded vehicle has commenced foreclosure proceedings, possession of the vehicle shall be given to that person if he or she agrees in writing to refund to the village the amount of the net proceeds of any foreclosure sale, less any amounts required to pay all lienholders of record, not to exceed $500 plus the applicable fees.
(F) For purposes of this section, the OWNER OF RECORD of a vehicle is the record title holder.
(2000 Code, § 133.05) (Ord. 1952, passed 1-20-2004)