(A) Mailing or delivery of notice. Notice pursuant to this section shall be forwarded by certified or registered mail, return receipt requested, to the address of the owner of any unlawful vehicle or hazardous vehicle as indicated in the most current registration list of the Secretary of State, unless the notice is personally delivered to the owner, in which case the date and time of the delivery and the name of the Village employee making the delivery shall be included among the records or reports pertaining to the towing of the vehicle. The notice shall be in the form as provided in § 94.07(A) and (B) and shall be personally delivered or sent by certified or registered mail, return receipt requested, to the address of the owner of the vehicle as indicated in the most current registration list of the Secretary of State. In the event that the Village has towed a hazardous or unlawful vehicle which is not registered in the state, inquiry by computer, telephone or letter shall be made to the Secretary of State of the jurisdiction in which the vehicle is registered, if such jurisdiction can be reasonably determined, for the furnishing of the most current registered name and address of the owner of the vehicle, and notice shall be mailed as provided herein to the address furnished. If the owner of a vehicle cannot be ascertained because the vehicle lacks a license plate, vehicle identification number and any other markings or information identifying the owner, then a notice shall be posted in the Village Hall describing the vehicle, stating that the vehicle has been towed, the reason for the tow and that the vehicle will be sold or otherwise disposed of if it is not claimed by its owner.
(B) Requests for post-tow hearings. Requests for hearings may be made in writing or orally at the office of the Village Manager. The request for a hearing must be received by the office of the Village Manager within 15 days of the mailing or personal delivery of the notification of tow, or release of the vehicle, whichever occurs first; otherwise, the right to a hearing shall be deemed waived.
(C) Release of motor vehicles. Before the owner or person entitled to possession of any impounded vehicle shall be permitted to remove the vehicle, the owner or other person entitled to possession shall furnish evidence of his identity, ownership of the vehicle, or his right to possession, sign a receipt for the vehicle, and pay the amount currently owed for towing and storage fees and any applicable Village fees or penalties to the towing service operator. The Village Manager is authorized to promulgate regulations as to the documents or other proof necessary to establish these facts.
(D) Establishment of maximum towing and storage rates. The owner shall pay fees to the towing service operator for towing and storage on police-ordered tows at rates that do not exceed maximum amounts to be administratively established by the Village Manager and which may be revised from time to time. The basic rates for such fees shall be shown in the form and sign concerning vehicle release requirements set forth in § 94.07(A). However, nothing in this chapter is intended to prevent a competitive towing service operator from charging less than the established maximum rates for police-ordered or any other tows. In arriving at the maximum rates for various services, the Village Manager shall consider such matters as the prevalent market rates in the area for the towing of different types of vehicles, the types of storage and area requirements for categories such as large trucks and commercial vehicles, and the relative difficulties and amount of work required to perform various types of towing operations. For particularly difficult or unusual towing jobs, such as large or serious accidents, the Village Manager is authorized to allow towing operators to charge rates above those established for normal situations, which special charges must be based upon the cost of services provided, taking into account such matters as the man-hours and equipment time required for the job. A towing service operator must fully itemize in writing the details of such a billing at special rates for a particularly difficult or unusual tow and supply a copy of the itemized bill to the owner and to the Village Manager. Any such special rates charged must be customary in the towing industry in the area for the nature and extent of the services provided. Every towing service operator and the Police Department, the office of the Village Manager and the Building and Code Enforcement Department shall have available a copy of the complete current rate schedule and any special rate policy established by the Village Manager for vehicle owners to view upon request. Included in the basic rate for each tow originating with the Village shall be a $25 Village service fee. Such fee shall be paid to the Village by approved tow service operators of the Village on a monthly basis on or before the 10th day of the month following the month in which the towed vehicle was released. In the event that a towed vehicle is released by a tow service operator without the service fee having been collected, the tow service operator shall remain liable to the Village for the payment of such fee. The Village shall not be responsible for the collection of receivables due for towing services performed by a tow service operator on behalf of the village.
(1997 Code, § 44.05) (Ord. 85-26, passed 7-11-1985; Am. Ord. C0-04-7, passed 3-1-2004; Am. Ord. C0-04-30, passed 9-20-2004; Am. Ord. CO-09-27, passed 10-6-2009; Am. Ord. CO-2021-21, passed 8-17-2021)