(A) If the administrative fee and applicable towing and storage charges are not paid within 30 days after an owner of record defaults by failing to appear at the hearings as provided for in § 78.06 of this chapter, or admits guilt at the plea hearing, the motor vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed motor vehicles pursuant to ILCS Ch. 625, Act 5, §§ 1-100 et seq., as amended. In all other cases, if the administrative fee and applicable towing and storage costs to the applicable towing company are not paid within 30 days after the expiration of time by which administrative review of the hearing officer’s determination may be sought pursuant to § 78.10 of this chapter, or within 30 days after an action seeking administrative review has been resolved in favor of the city, whichever is applicable, the motor vehicle shall be deemed unclaimed and shall be disposed of in the manner provide by law for the disposition of unclaimed motor vehicles pursuant to ILCS Ch. 625, Act 5, §§ 1-100 et seq., as amended.
(B) Except as otherwise specifically provided by law, no owner of record, lien holder or other person shall be legally entitled to take possession of a motor vehicle impounded under this chapter until the required administrative fee has been paid to the city and the towing and storage costs have been paid to the applicable towing company; however, when a person with a lien of record against an impounded motor vehicle has commenced foreclosure proceedings, possession of the motor vehicle shall be given to that person if he or she agrees in writing to refund to the city the amount of the net proceeds of any foreclosure sale, less any amounts required to pay all lien holders of record, not to exceed the total of the required administrative fees and the applicable towing and storage costs.
(C) Costs for towing and storage of a motor vehicle pursuant to this chapter shall be determined by the towing company, except when the motor vehicle is stored on city property, in which case the storage costs will be determined by the Chief of Police .
(Ord. 09-23, passed 11-10-09)