Within ten (10) days after a vehicle is impounded pursuant to this chapter, the village shall notify by certified mail, return receipt requested, the owner of record of the date, time and location of a plea hearing that will be conducted, pursuant to this chapter. The hearing shall be conducted by a hearing officer, designated by the village manager. The owner will appear at a plea hearing and enter a plea of guilty or not guilty. If a plea of guilty is entered, the cause will be disposed of at that time. If the owner pleads not guilty, a hearing shall be scheduled and held, unless continued by the hearing officer, no later than ninety (90) days after the vehicle was impounded. All interested persons shall be given a reasonable opportunity to be heard at the hearing. At any time prior to the hearing date, the hearing officer may, at the request of either party, direct witnesses to appear and give testimony at the hearing. The formal rules of evidence will not apply at the hearing and hearsay evidence shall be admissible only if it is the type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
If, after the hearing, the hearing officer determines, by a preponderance of the evidence, that the vehicle was used in connection with a violation set forth in this chapter, the hearing officer shall enter an order finding the owner of record of the vehicle civilly liable to the village for an administrative fee in the amount of five hundred dollars ($500.00) and requiring the vehicle to continue to be impounded until the owner pays the administrative fee to the village plus fees to the tower for the towing and storage of the vehicle. If the owner of record fails to appear at the hearing, the hearing officer shall enter a default order in favor of the village. If the hearing officer finds no such violation occurred, the hearing officer shall order the immediate return of the owner's vehicle or cash bond without fees. (Ord. G-875, 11-25-2008; Ord. G-920, 3-9-2010)