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)