A. Whenever the owner of a vehicle seized pursuant to this section 7-5-1 requests in writing, within twelve (12) hours after the seizure, and hand delivered to the Peoria Heights police department, 4901 N. Prospect Road, Peoria Heights, Illinois, a preliminary hearing on probable cause, a hearing officer appointed by the village shall conduct at the village hall such preliminary hearing within seventy two (72) hours of the seizure, excluding Saturdays, Sundays, and holidays.
B. All interested persons shall be given a reasonable opportunity to be heard at the preliminary hearing. The formal rules of evidence will not apply at the hearing, and hearsay evidence shall be admissible.
C. If, after the hearing, the hearing officer determines that there is probable cause to believe that the vehicle was used in the commission of any crime or violation described in section 7-5-1-1 of this chapter, the hearing officer shall order the continued impoundment of the vehicle as provided in this section 7-5-1 unless the owner of the vehicle posts with the village a cash bond of five hundred dollars ($500.00), plus fees for towing and storing of the vehicle as provided in subsection 7-5-1-4A of this chapter. If the hearing officer determines that there is no such probable cause, the vehicle will be returned without penalty or other fees.
D. For purposes of this section, the hearing officer shall be a licensed attorney who is not an employee of the village. (Ord. 2008-1303, 10-7-2008)