(A) (1) Upon receipt of notice of abandoned vehicle, the owner of the vehicle may contest the presumption of abandonment and request a hearing before the Chief of the City Police Department or his or her designee. The owner’s written request for such a hearing must be transmitted to the City Police Department within 7 days of the date of the written notice to the owner or, in the event of a notice being placed on the vehicle, prior to the date of the tow. Any vehicle not towed as of the date on which the owner requests a hearing shall not be towed until a determination is made by the hearing officer.
(2) Owners of vehicles that were towed without notice pursuant to § 75.04(B) may request in writing a hearing before the Chief of the Monticello Police Department or his or her designee before the owner is required to pay any charges relative to the tow. No vehicle shall, however, be released without the payment by the owner of towing and storage charges unless the hearing officer finds that the owner should not be required to pay those charges.
(3) The hearing officer shall convene a hearing within 7 days of receipt of an owner’s written request for a hearing. The hearing officer shall take testimony from the owner, the police officer(s) who determined the vehicle was to be towed, and the testimony of relevant witnesses.
(B) (1) Towing authorized. In addition to the penalties provided in this code and in addition to other sections in this chapter authorizing towing, any police officer or person designated by the Police Chief may remove or cause to be removed and to be impounded any vehicle parked contrary to the provisions of this code, and:
(a) Where an official sign is posted designating the area as a tow-away zone;
(b) Where the vehicle is parked so as to constitute or cause:
1. An obstruction to the delivery of municipal or emergency services;
2. An obstruction to vehicular or pedestrian traffic; or
3. A clear and present danger to health, safety, or welfare.
(c) Where the vehicle is parked in a disabled designated parking space and which does not bear the registration plates, certificate, device, or decal required by ILCS Ch. 625, Act 5.
(2) Notice. As soon as possible after a vehicle has been towed, but in no event later than 96 hours after the tow, notice shall be sent to the registered owner of the vehicle informing the owner of at least the following:
(a) The location to which the vehicle has been towed;
(b) The factual basis of the parking violation;
(c) The procedure for the recovery of the vehicle; and
(d) The right to a hearing as set forth in division (B)(3) below.
(3) Hearing.
(a) The registered owner of the towed vehicle or person authorized to process the vehicle may request a hearing with regard to the removal and impoundment in writing within 5 days of the receipt of the notice. Notice shall be presumed to be received on the fourth day after the date of mailing unless returned. A hearing will be provided by the Police Chief or the Police Chief’s designee within 5 days of the receipt of the written request. Failure to request such a hearing within the proscribed time limits shall be deemed a waiver of the right.
(b) At the hearing, the hearing officer shall consider the following:
1. Whether or not there was a probable cause to believe the vehicle was parked in violation of this code;
2. Whether or not there was a probable cause to believe that the vehicle comes within the applicable towing provisions of this code; and
3. Whether or not the vehicle owner received prompt notice in accordance with this section.
(c) The Police Chief or the Police Chief’s designee shall be the hearing officer empowered to conduct the hearing after receipt of the written notice. The hearing officer is empowered to authorize the payment of all or part of the removal and storage fees by the city and the release of the towed vehicle if he or she finds that:
1. There was not probable cause to believe that the towed vehicle was parked in violation of this code;
2. There was not probable cause to believe that the towed vehicle was towed pursuant to applicable towing provisions of this code; or
3. The vehicle owner failed to received prompt notice in accordance with this section, provided that the hearing officer shall only authorize payment of excess storage fees incurred by such late notice if the tow was otherwise authorized.
(4) Payment of towing costs.
(a) Any owner of a motor vehicle parked within the corporate limits of the city on public property, public right-of-way, private property, or in a private parking space at a time when or in such a manner where towing is authorized by this chapter, thereby consents to the removal or towing of the vehicle and to the payment of towing and storage fees to the relocator performing those services prior to the release of the vehicle.
(b) Every person who tows or stores any vehicle for which towing is authorized by this chapter, with the express or implied consent of the owner, shall have a possessory lien upon the vehicle in the maximum amount of $500 for the towing and storage services. This lien shall commence at the time and date of the commencement of the services and shall continue until release of the vehicle so towed or stored.
(5) Reports. The Police Department shall make such reports regarding towed vehicles as may be required by the State Vehicle Code (ILCS Ch. 625, Act 5), as amended from time to time.
(6) Record searches. The Police Department shall make such record searches regarding towed vehicles as may be required by the State Vehicle Code, as amended from time to time.
(7) Disposal. Vehicles which have not been claimed shall be disposed of pursuant to provisions of the State Vehicle Code which presently exist or are hereafter amended regarding the disposal of unclaimed vehicles.
(C) If the hearing officer finds that a vehicle should be towed, the owner of that vehicle shall have 24 hours to remove the vehicle. After that time, the City Police Department shall authorize the tow of the vehicle.
(Am. Ord. 2014-41, passed 10-14-2014; Am. Ord. 2014-49, passed 11-10-2014)