(a) If the administrative fee and other applicable fees are not paid within thirty-five days after an administrative fee is imposed against an owner of record who defaults by failing to appear at the hearings provided in Section 428.06 above, or who admits guilt at the plea hearing, the motor vehicle shall be deemed unclaimed and shall be disposed of in the manner provides by law for the disposition of unclaimed motor vehicles pursuant to 625 ILCS 5/1-100, et seq., as amended. In all other cases, if the administrative fee and applicable towing and storage costs to the applicable tow company are not paid within thirty-five days after the expiration of time by which administrative review of the hearing officer's determination may be sought pursuant to Section 428.10 below, or within thirty-five days after an action seeking administrative review has been resolved in favor of the Village, whichever is applicable, 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 625 ILCS 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 administrative fee and towing and storage costs to the applicable tow company imposed pursuant to this chapter have been paid. However, whenever 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 Village 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 administrative fee, plus the applicable towing and storage costs.
(c) Costs for towing and storage of a motor vehicle pursuant to this chapter shall be those approved by the Chief of Police for all tow companies authorized to tow for the Police Department.
(Ord. 2011-31. Passed 7-11-11; Ord. 2012-06. Passed 2-27-12.)