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For the purpose of regulating motor vehicle parking and traffic on private property, the village shall enter into an agreement with the owner and operator of the private property. The agreement shall be substantially in the form attached to the ordinance codified herein as exhibit A. (Ord. 1052, 7-19-1993)
A. Statute Authority: The authority for the passage of this section is found in 625 Illinois Compiled Statutes 5/11-207, 5/11-208, 5/11-208.1, 5/11-209, and 5/11-209.1.
B. Impoundment Authorized: A motor vehicle involved in an unlawful attempt to flee or elude police officers shall be subject to impoundment under the procedures set forth in this section.
C. Records And Reports:
1. A police officer shall, if possible, record the vehicle make and color and the issuing state and number of the license plate of a vehicle that the officer has attempted to stop through use of emergency signal equipment on the officer's vehicle. If the operator of the other vehicle fails or refuses to stop, and if the police officer forgoes or abandons pursuit of the other vehicle for reasons of public safety, the officer shall report the recorded information as directed by the chief of police for delivery to appropriate sections of the police department responsible for impoundment and towing of vehicles.
2. The police officer's report shall also include: the date, approximate time and approximate location of the attempted stop; the reason for the attempted stop; the emergency signal equipment activated by the police officer; and the public safety considerations and/or department rule, regulation or policy that caused the police officer to forego or abandon pursuit of the described vehicle.
D. Notice Of Intent To Impound: The police department shall send a notice of intent to impound the vehicle described in the police officer's report to the owner of record of the vehicle. The notice shall be sent either by first class mail or by messenger to the address of the owner of record as indicated in state registration records. The notice shall include the following: a statement that the operator of the vehicle failed or refused to stop when ordered to do so by the village police officer; the date, approximate time and approximate location of the event; the description of the vehicle as contained in the officer's report; and notice of an opportunity to contest eligibility for impoundment. A copy of the notice shall be forwarded to the village hearing examiner to be appointed by the mayor, with the advice and consent of the board of trustees, and who shall have all the powers of a hearing officer authorized by title 10, chapter 1, article B of this code. A notice is presumed delivered upon being deposited with the United States postal service with proper postage affixed.
E. Contesting Impoundment: An owner of record who receives a notice referred to in subsection D of this section may contest eligibility for impoundment by written request delivered to the village hearing examiner, postmarked within fourteen (14) days after the delivery of the notice. The village hearing examiner shall set a date for a hearing on the eligibility of the vehicle for impoundment, and shall notify the owner of the date, time and place of the hearing. The hearing date must be no more than thirty (30) days after the request for a hearing has been filed. At the hearing, the police officer's report shall be considered prima facie correct. In order to disprove the vehicle's eligibility for impoundment, the owner of record must prove that: 1) at the time and date of the attempted stop, as described in the police officer's report, the described vehicle was not operated within the village of Milan; or 2) at the time and date of the attempted stop, the vehicle had been reported stolen; or 3) the license information described in the report does not match the listed make of the described vehicle. If the owner of record prevails, the notice of intent to impound the owner's vehicle shall be withdrawn, and the vehicle shall not be eligible for impoundment under this section. (Ord. 1208, 6-19-2000)
F. Eligibility For Impoundment: If the vehicle owner receives a notice pursuant to subsection D of this section and: 1) fails to contest eligibility under subsection E of this section; or 2) does not prevail in the contest of eligibility, the vehicle described in the notice shall be eligible for impoundment if found on the public way, or within a parking lot under village ordinance control, or in a parking lot open to the general public, or in a parking lot on the public way of another municipality with whom the village has an intergovernmental agreement to provide assistance in conjunction with an incident involving multijurisdictional problems within twelve (12) months following the conclusion, if a contest was requested, or following the last date to request a contest if none was requested. (Ord. 1210, 7-3-2000)
G. Administrative Penalty And Costs: The owner of a vehicle impounded under this section shall be subject to an administrative penalty of five hundred dollars ($500.00), plus the cost of towing and storage of the vehicle. (Ord. 1208, 6-19-2000)
A. Statutory Authority: The authority for the passage of this section is found in 625 Illinois Compiled Statutes 5/11-208.7.
B. Impoundment Authorized: Any motor vehicle involved in any violation listed under paragraph (b) of section 11-208.7 of the Illinois vehicle code, as may be amended from time to time, may be impounded pursuant to this section and subject to the imposition of fees and costs as set forth herein.
C. Fee Imposed: The registered owner or the agents of that owner shall be subject to an administrative fee in the amount of five hundred dollars ($500.00) for any vehicle property impounded pursuant to this section. The administrative fee shall be in addition to: 1) any other penalties that may be assessed by a court of law for the underlying violations; and 2) any towing or storage fees, or both, charged by the towing company. The administrative fee shall be paid to and collected by the village of Milan. Any towing or storage fees, or both, shall be collected by and paid to the person, firm, or entity that tows and stores the impounded vehicle.
D. Notice Of Impoundment: Whenever a police officer has cause to believe that a motor vehicle is subject to impoundment, the officer shall provide for the towing of the vehicle to a facility authorized by the municipality. At the time the vehicle is towed, the village shall notify or make a reasonable attempt to notify the owner, lessee, or person identifying himself or herself as the owner or lessee of the vehicle, or any person who is found to be in control of the vehicle at the time of the alleged offense, of the fact of the seizure, and of the vehicle owner's or lessee's right to an administrative hearing. The municipality shall also provide notice that the motor vehicle will remain impounded pending the completion of an administrative hearing, unless the owner or lessee of the vehicle or a lienholder posts with the municipality a bond equal to the administrative fee as provided herein and pays for all towing and storage charges.
E. Notice Of Hearing: The registered owner or lessee of the vehicle and any lienholder of record, including any lessor, shall be provided with a notice of hearing. The notice shall: 1) be served upon the owner, lessee and lienholder of record either by personal service or by first class mail to the interested party's address as registered with the secretary of state; 2) be served upon interested parties within ten (10) days after a vehicle is impounded by the municipality; and 3) contain the date, time, and location of the administrative hearing. An initial hearing shall be scheduled and convened no later than forty five (45) days after the date of the mailing of the notice of hearing.
F. Administrative Hearings: Administrative hearings shall be conducted by the administrative enforcement system as set forth in title 1, chapter 4, article D of this code, but in all cases, the administrative hearings shall be conducted by a hearing officer who is an attorney licensed to practice law in the state of Illinois for a minimum of three (3) years. At the conclusion of the administrative hearing, the hearing officer shall issue a written decision either sustaining or overruling the vehicle impoundment. If the basis for the vehicle impoundment is sustained by the administrative hearing officer, any administrative fee posted to secure the release of the vehicle shall be forfeited to the municipality. All final decisions of the administrative hearing officer shall be subject to review under the provisions of the administrative review law.
G. Release: Unless the administrative hearing officer overturns the basis for the vehicle impoundment, no vehicle shall be released to the owner, lessee, or lienholder of record until all administrative fees and towing and storage charges are paid.
H. Abandonment: Vehicles not retrieved from the towing facility or storage facility within thirty five (35) days after the administrative hearing officer issues a written decision shall be deemed abandoned and disposed of in accordance with the provisions of article 11 of chapter 4 of the Illinois vehicle code.
I. Effect Of Fee Imposed: Unless stayed by a court of competent jurisdiction, any fine, penalty, or administrative fee imposed under this section which remains unpaid in whole or in part after the expiration of the deadline for seeking judicial review under the administrative review law may be enforced in the same manner as a judgment entered by a court of competent jurisdiction. (Ord. 1567, 8-20-2012)