(A) Notice of hearing. Within ten days after a motor vehicle is impounded pursuant to this chapter, the city shall notify the owner of record of the date, time and location of a plea hearing that shall be conducted, pursuant to this section. Such notice shall be mailed by certified mail, return receipt requested, and First Class U.S. Mail to the owner of record, as shown on the records of the Illinois Secretary of State. Notice by certified mail or First Class U.S. Mail need not be given when the owner of record of the motor vehicle has been personally served with written notice of the time, date and location of the plea hearing. The plea hearing shall be conducted by a hearing officer designated by the City Administrator. The owner of record shall appear at a plea hearing and enter a plea of guilty or not guilty. If a plea of guilty is entered, or if the owner of record fails to appear, the cause shall be disposed of at that time, with an order or default order in favor of the city, which order or default order shall require payment to the city of the $500 administrative fee and towing and storage costs to the applicable towing company as provided in division (B) of this section, and the continued impoundment of the motor vehicle until the owner of record makes such payments. If the owner of record pleads not guilty, an evidentiary hearing shall be scheduled and held no later than 45 days after the motor vehicle was impounded, unless continued by the hearing officer. All interested persons shall be given a reasonable opportunity to be heard at the evidentiary hearing. At any time prior to the evidentiary hearing date, the hearing officer may, at the request of either the city or the owner of record, direct witnesses to appear and give testimony at the evidentiary hearing. The formal rules of evidence shall not apply at the evidentiary hearing, and hearsay evidence shall be allowed and admissible.
(B) If, after the evidentiary hearing, the hearing officer determines, by a preponderance of the evidence, that the motor vehicle was used in connection with a violation set forth in § 78.02 of this chapter, the hearing officer shall enter an order finding the owner of record of the motor vehicle civilly liable to the city for an administrative fee in the amount of $500, and require the motor vehicle to continue to be impounded until the owner of record pays such administrative fee to the city and pays the towing and storage costs to the applicable towing company. The $500 administrative fee shall be a debt due to the city. If a bond has been posted pursuant to § 78.04 or § 78.05(C) above, the bond shall be applied to the administrative fee. If the owner of record fails to appear at the evidentiary hearing, the hearing officer shall enter a default order in favor of the city, which order shall require the payment to the city of the $500 administrative fee and towing and storage costs to the applicable towing company and the continued impoundment of the motor vehicle until the owner of record makes such payments. If the hearing officer finds that no such violation occurred, the hearing officer shall order the immediate return of the owner of record's motor vehicle without any fee or, if a bond had previously been posted, if the bond was posted in cash, the cash bond shall be returned or if the bond was posted by debit or credit card, a credit issued; but the owner of record shall nevertheless be responsible for any towing or storage charges to the applicable towing company.
(C) At the evidentiary hearing, the citation issued for the violation shall be prima facie evidence that the violation was committed as provided in the citation; and the burden of proof shall be upon the owner of record to prove that the violation was not committed.
(Ord. 09-23, passed 11-10-09; Am. Ord. 13-54, passed 11-12-13; Am. Ord. 14-16, passed 4-8-14; Am. Ord. 17-14, passed 4-11-17)