A. Written Order: After a hearing pursuant to this chapter, the hearing officer shall enter a written order determining whether the administrative fee should be imposed.
B. Fee Ordered:
1. If the hearing officer determines that the administrative fee should be imposed, the written order shall: a) state that determination, and, b) assess the administrative charges and penalties due and owing by the owner to the village (which may include a sum supplemental to the administrative fee, as costs of hearing). The owner shall also be liable for any towing or impound fees incurred.
2. In making a determination pursuant to this section, the hearing officer may, in his or her discretion, reduce the administrative charge or penalty established in this chapter (but not the applicable towing and storage fees) upon determining that the owner incurred the administrative charge or penalty for reasons not the fault of the owner. Any reduction by the hearing officer of the amount of the administrative charge or penalty must be specifically set forth in the hearing officer's written order.
3. Any order imposing a fee shall be entered pursuant to the requirements of this section, and shall incorporate this section by reference (whether expressly stated or not). Such order shall be deemed a finding that the imposition of the administrative fee is appropriate.
C. Other Finding: If the hearing officer does not uphold the imposition of an administrative fee, the written order of the hearing officer shall:
1. If the motor vehicle has been released to the owner, lessee, or lienholder of record direct the village to refund any administrative charges prepaid, including the return of any cash bond posted pursuant to section 7-9-7 of this chapter. The owner, lessee, or lienholder of record shall nonetheless remain liable for any towing or impound fees due.
2. If the motor vehicle is still impounded at the time of the hearing:
a. Direct the towing agent, upon presentation of the hearing officer's written order and evidence of his or her identity and right to possession of the motor vehicle, to release the motor vehicle after payment of any towing or storage charges; and
b. Direct the village to refund any administrative charges prepaid, including the return of any cash bond posted under section 7-9-7 of this chapter.
D. Reimbursement: Whenever the hearing officer enters a written order determining that the owner, lessee, or lienholder of record is entitled to reimbursement by the village for administrative charges previously paid, the hearing officer shall transmit a copy of the written order to the village finance director or designee, who shall remit payment of the money due within thirty five (35) days after the decision of the hearing officer, unless the village seeks administrative review of the hearing officer's determination pursuant to section 7-9-6 of this chapter. (Ord. 2011-22, 8-1-2011; amd. Ord. 2020-O-02, 1-20-2020; Ord. 2023-O-18, 10-2-2023)