A. The owner of record seeking a hearing must file a written request for a hearing with the village 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 section 7-5-1-3 of this chapter.
B. The hearing shall be scheduled and held, unless continued for good cause by order of the hearing officer, no later than forty five (45) days after the request for a hearing has been filed.
C. All interested persons shall be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence will not apply at the hearing, and hearsay evidence shall be admissible.
D. If, after the hearing, the hearing officer determines by a preponderance of the evidence that the vehicle was used in the commission of any of the violations described in section 7-5-1-1 of this chapter, the hearing officer shall enter an order requiring the vehicle to continue to be impounded until the owner pays a penalty of five hundred dollars ($500.00), plus fees for towing and storage of the vehicle as provided in subsection 7-5-1-4A of this chapter. The penalty and fees shall be a debt due and owing the village. However, if a cash bond has been posted, the bond shall be applied to the penalty. If the hearing officer determines that the vehicle was not used in commission of such a violation, he or she shall order the return of the vehicle or the fee as provided in subsection 7-5-1-4A of this chapter.
E. 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)