(A) Immobilization. A motor vehicle may be immobilized in such a manner as to prevent its operation after notice and an opportunity for hearing under the following circumstances:
(1) Where the owner of the motor vehicle owes fines for 3 or more tickets for parking violations. An owner of a motor vehicle will be deemed to owe fines for purposes of this provision in the following instances:
(a) Where the court date set for hearing on the parking violation has passed and the owner has failed to appear;
(b) Where at a court hearing a finding of guilty has been entered for said parking violation;
(c) Provided, however, that as to both (a) and (b) a fine shall not be deemed owed if the owner has posted bond in the amount of the fine, has paid the fine, or has entered into an agreement with the proper authorities of the Village for payment of the fine; or
(2) Where the owner of the motor vehicle has failed to obtain a Village vehicle license for the motor vehicle as required by §§ 70.20 et seq.
(B) Notice to owner.
(1) Whenever the Police Department has placed a motor vehicle on its immobilization list, a notice of such listing shall be mailed to the last registered owner of such vehicle at the address listed in the most current registration list of Illinois motor vehicles. In the event that no information is available through the registration list or current Village vehicle license records, no notice shall be required.
(2) The notice shall specify that the motor vehicle has been placed on the immobilization list, that the owner is entitled to a hearing as set forth in division (C) of this section, and that the motor vehicle will be immobilized on or after the eighth day following the date of the notice. The notice shall set forth the payment required from the owners to satisfy outstanding parking violations.
(C) Hearing.
(1) The owner of a motor vehicle that has been placed on an immobilization list may request a hearing. The request for a hearing must be made in writing and delivered to the office of the Village Manager not more than 7 days after the date of the notice that the owner’s motor vehicle has been placed on the immobilization list.
(2) The hearing shall be conducted by the Village Manager or such other official or employee of the Village as the Village Manager may designate. In no case shall the hearing officer be a civilian or sworn personnel of the Village Police Department or any other individual who was involved in the initial decision to immobilize the vehicle. At the hearing, the owner may present evidence that the vehicle was improperly designated. If, following the hearing, the Village Manager, or appointed designee, determines that the vehicle was improperly designated, the vehicle shall be removed from the immobilization list and any fees paid to the Village as a result of the vehicle having been placed on the immobilization list shall be refunded.
(D) Release of motor vehicle.
(1) If the Village Manager, or appointed designee, determines that the motor vehicle has been properly placed on the immobilization list, or if no hearing is requested, the owner may obtain the removal of the motor vehicle upon the immobilization list by:
(a) Making the payment of any fines owed and paying any Village license fees owed;
(b) Posting a bond in the amount of any fines owed and any Village license fees owed and requesting a court hearing.
(2) If the Village has immobilized the motor vehicle, the owner must, in addition to making payment or posting the bond described above, pay a booting fee of $50 for such immobilization.
(E) Immobilization notice. In any case involving immobilization of a motor vehicle pursuant to this section, the Police Department shall cause to be placed on such vehicle, in a conspicuous manner, notice sufficient to warn any individual to the effect that such vehicle has been immobilized and that any attempt to move such vehicle might result in damage to such vehicle.
(1997 Code, § 41.01) (Ord. 85-26, passed 7-11-1985; Am. Ord. 87-4, passed 7-9-1987; Am. Ord. C0-00-31, passed 12-4-2000)