(A-1) Whenever the owner of record of a vehicle seized and impounded pursuant to §§ 99.18 through 99.25 of this Code requests a preliminary hearing in person and in writing at the Ordinance Enforcement Department within 15 days after the vehicle is seized and impounded, a preliminary hearing shall be held before the Administrative Hearing Officer at the next administrative adjudication hearing date, unless the vehicle was seized and impounded pursuant to § 99.19 and the Police Department determines that it must retain custody of the vehicle under applicable state or federal forfeiture law. If, after the preliminary hearing, the Administrative Hearing Officer determines that there is probable cause to believe that the vehicle was used in a violation of this Code for which seizure and impoundment applies, the Administrative Hearing Officer shall order the continued impoundment of the vehicle as provided in this section unless the applicable bond is paid pursuant to division (G) of this section. If the Administrative Hearing Officer determines that there is no such probable cause, the vehicle will be returned without penalty or other fees.
(A) Within 10 days after a vehicle is seized and impounded pursuant to §§ 99.18 through 99.25 of this Code, the Police Department or other appropriate Department shall notify by first class mail or personal service the owner of record of the seizure and impoundment of the vehicle, the penalty assessed, and of his right to request a hearing before the Ordinance Enforcement Department to challenge whether a violation of this Code for which seizure and impoundment applies has occurred pursuant to this division. A copy of the notice shall be forwarded to the Ordinance Enforcement Department. The notice shall state the penalties that may be imposed if a hearing is not requested, including that a vehicle not released by cash bond and remaining in the Village pound may be sold or disposed of by the Village in accordance with applicable law.
(B) The owner of record seeking a hearing must file a written request for a hearing with the Ordinance Enforcement Department no later than 30 days after the vehicle was seized and impounded. The date of the hearing must not be more than 30 days after a request for a hearing has been filed. Hearings are to be conducted in accordance with §§ 39.01 through 39.13, and to the extent that there is a conflict between §§ 39.01 through 39.13 and this section, the latter shall prevail.
(C) If, after the hearing, the Administrative Hearing Officer determines by a preponderance of the evidence that the vehicle was used in the violation of any applicable provision of the Village Code, the Administrative Hearing Officer shall enter an order finding the owner of record liable to the Village for the amount of the administrative penalty prescribed for the violation, plus towing and storage fees. If, after a hearing, the administrative hearing officer determines by the preponderance of the evidence that the vehicle was not used in the violation of this Village Code, the Administrative Hearing Officer shall enter an order finding for the owner and for the return of the vehicle or cash bond, unless the vehicle was seized and impounded pursuant to § 99.19 and the Police Department determines that it must retain custody of the vehicle under applicable state and federal forfeiture law, in which case the vehicle shall not be returned unless and until the Village receives notices 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.
(D) If a request for a hearing is not made within 30 days of the seizure and impoundment of the vehicle, the vehicle shall be deemed abandoned and shall be disposed of in the manner provided by law for the disposition of abandoned vehicles. The vehicle shall not be released to the owner or record until the administrative penalty prescribed for the violation is paid to the Village, and only after the applicable towing and storage fees have been paid to the towing agent.
(E) If the owner of record requests a hearing, but fails to appear at the hearing or fails to request a hearing in a timely manner, the owner of record shall be deemed to have waived his right to a hearing and an Administrative Hearing Officer of the Ordinance Enforcement Department shall enter a default order in favor of the Village in the amount of the administrative penalty prescribed for the violation, plus towing and storage fees.
(F) The owner of record of the motor vehicle may waive his right to a hearing under this section by agreeing and stipulating in writing that the seized motor vehicle was being used in violation of this section. Once the waiver is signed and the penalty and any applicable towing and storage fees are paid, the seized vehicle will be released.
(G) If a bond in the amount of the administrative penalty prescribed for the violation is posted with the Police Department, the impounded vehicle shall be released to the owner of record. If the prescribed administrative penalty is subsequently imposed under this section, the bond shall be forfeited to the Village; however, in the event a violation is not proven by a preponderance of the evidence, the bond will be returned to the person posting the bond. All bond money posted pursuant to this section shall be held by the Police Department until the Hearing Officer issues a decision, or, if there is a judicial review, until the circuit court issues its decision.
(H) An administrative penalty, plus towing and storage fees, imposed pursuant to this section shall constitute a debt due to the Village, which may be enforced pursuant to § 39.16 or in any other manner provided by law. Any cash bond posted pursuant to this section shall be applied to the penalty. Except as provided otherwise in this section, a vehicle shall continue to be impounded until the administrative 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 possess the vehicle, or the vehicle is sold or otherwise disposed of to satisfy a judgment or enforce a lien as provided by law.
(I) Any motor vehicle that is not reclaimed within 30 days after the expiration of the time during which the owner of record may seek judicial review of the Village's action under this section, or, if judicial review is sought, the time at which a final judgment is rendered in favor of the Village, or the time a final administrative decision is rendered against an owner of record who is in default, may be disposed of as an unclaimed vehicle as provided by law; provided that, if the vehicle was seized and impounded pursuant to § 99.19 and the proceedings have been instituted under state or federal drug asset forfeiture laws, the vehicle may not be disposed of by the Village except as consistent with those proceedings.
(J) Fees for towing and storage of vehicles under this section shall be the same as those charged for other Police Department tows.
(K) All penalties collected and retained by the Village under this section shall be deposited with the Village Treasurer.
(Ord. CO-03-11, passed 4-21-2003; Am. Ord. C0-04-8, passed 3-1-2004; Am. Ord. C0-06-09, passed 4-18-2006; Am. Ord. CO-2015-27, passed 9-15-2015)