A. It is unlawful for the operator of a vehicle to park such vehicle upon the street in violation of any sign where parking is heretofore or shall hereafter be prohibited during the designated hours or at all times as the case may be. Whenever any vehicle shall have been stopped, standing or parked in violation of any provisions of this chapter, the operator of the motor vehicle and/or the person in whose name such vehicle is registered shall be subject to the penalty for such violation as provided in section 1-4-1 of this Code.
B. Whenever any vehicle is parked in violation of this chapter and the operator or registered owner of the vehicle is not present, the Chief of Police or any member of the Village of Peoria Heights Police Department observing such violation may issue a citation and leave a copy thereof on the vehicle.
C. The Chief of Police or any member of the Village of Peoria Heights Police Department is authorized, in his or her discretion, to remove or cause the removal of any vehicle which is parked in violation of this chapter at the registered owner's expense, if one or more of the following conditions exist:
1. The vehicle remains parked in violation of this chapter for more than twenty four (24) consecutive hours following the issuance of a citation;
2. The vehicle has been issued three (3) or more citations for a violation of this chapter and which are unpaid at the time of the violation at issue; or
3. The vehicle has been issued three (3) or more citations for a violation of this chapter within a thirty (30) day period prior to the violation at issue.
D. The Police Department shall keep a record of each vehicle removed in accordance with this section. The record shall include a description of the vehicle, its license plate number, date and time of its removal, where it was removed from, the location where it was removed to, and the name and address of its owner or operator, if known.
E. Within twenty four (24) hours after a vehicle is removed pursuant to this section, the Village shall notify, certified mail, return receipt requested, the owner of record at his or her last known address, as indicated by the vehicle's registration, of his or her right to request a hearing before a Hearing Officer that will be conducted to determine whether the subject vehicle is eligible for removal pursuant to this section. However, no such notice need be sent to the owner of record if the owner is personally served with the notice within twenty four (24) hours after the vehicle is removed and the owner acknowledges receipt of the notice in writing. The written notice shall state the penalties that may be imposed if no hearing is requested, including that a vehicle not released by payment of a fine plus any and all towing and storage fees may be sold or disposed of by the Village in accordance with applicable law.
F. Any vehicle removed under this section shall be released prior to a hearing to any person entitled to lawful possession of said vehicle upon payment of a fine plus any and all towing and storage fees. If a person entitled to lawful possession of said vehicle does not pay the applicable fine plus any and all towing and storage fees within thirty (30) days after the vehicle is removed or after the Hearing Officer's written determination, whichever is later, then such vehicle may be disposed of in accordance with the procedure set forth for disposal of unclaimed or abandoned vehicles as provided by law.
G. The owner of record seeking a hearing under this section must file a written request for a hearing with the Chief of Police at the Peoria Heights Village Hall, 4901 N. Prospect Road, Peoria Heights, Illinois, no later than fifteen (15) days after the notice was mailed or otherwise given under this section.
A hearing shall be scheduled and held, unless continued for good cause by order of the Hearing Officer, no later than thirty (30) days after the request for a hearing has been filed.
All interested persons shall be given a reasonable opportunity to be heard at the hearing. At the hearing, the formal rules of evidence shall not apply, and hearsay evidence shall be admissible.
If, after the hearing, the Hearing Officer determines by a preponderance of the evidence that the vehicle was used in violation of this chapter, the Hearing Officer shall enter an order requiring the vehicle to continue to be impounded until the owner pays the applicable fine plus any and all towing and storage fees. If the Hearing Officer determines that the vehicle was not in violation of this chapter, he or she shall order the return of the vehicle to the owner of record.
For the purposes of this section, the Hearing Officer shall be a licensed attorney who is not an employee of the Village. (Ord. 2018-1536, 1-2-2018)