A. Without Hearing: If an owner, lessee, or lienholder of record desires to take possession and reclaim an impounded motor vehicle without a hearing, the owner, lessee, or lienholder of record may take possession of the motor vehicle only after the following:
1. Furnishes evidence to the towing agent of his or her identity and right to possess the motor vehicle;
2. Pays the administrative charge and penalty set forth in this chapter and delivers a signed receipt from the village finance director or his or her designee for such payment to the towing agent;
3. Pays the towing agent for all towing and storage costs for the motor vehicle; and,
4. Signs and delivers to the police department a waiver of the right to a hearing on the impoundment of the motor vehicle.
B. Before Hearing: If an owner, lessee, or lienholder of record desires to take possession and reclaim the impounded motor vehicle prior to the hearing, the owner, lessee, or lienholder of record may take possession of the motor vehicle only after he or she:
1. Furnishes evidence of his or her identity and his or her right to possession of the motor vehicle to the police department; and
2. Posts a cash bond with the village finance director or his or her designee, in the amount of the administrative charge and penalty prescribed in this chapter, and pays all towing and storage costs for the motor vehicle, to assure the payment of those fees if the hearing officer ultimately determines that the administrative fee should be imposed.
C. After Hearing:
1. Fee Ordered: If the hearing officer conducts a hearing and determines that an administrative fee should be imposed relating to the impoundment of the motor vehicle:
a. lf the owner, lessee, or lienholder of record has previously elected to deposit a cash bond with the village and reclaim the motor vehicle as provided in this section, such cash bond shall immediately be forfeited to the village; or,
b. If the owner, lessee, or lienholder of record elected not to post a cash bond and the motor vehicle remains impounded, then the owner, lessee, or lienholder of record may take possession of the motor vehicle only after he or she:
(1) Furnishes evidence of his or her identity and his or her right to possess the motor vehicle to the towing agent; and
(2) Pays the administrative charge, penalties, and towing and storage fees for the motor vehicle as determined by the hearing officer, and delivers a signed receipt to the towing agent from the village finance director or his or her designee demonstrating payment of the administrative charges and penalties.
2. Other Finding: If the hearing officer issues any other order, the hearing officer shall order that:
a. The motor vehicle be immediately released to the owner, lessee, or lienholder of record without payment of the administrative fee, but after payment of any towing or storage fees upon furnishing of evidence to the towing agent of his or her identity and right to possess the motor vehicle; and
b. The village finance director or designee refund any administrative charges or penalties paid by the owner, lessee, or lienholder of record for the impoundment of the motor vehicle, including the return of any cash bond posted under this section.
D. Any vehicle not retrieved from the towing facility within thirty five (35) days after the hearing officer issues a final decision shall be subject to disposal as an abandoned vehicle pursuant to 625 ILCS 5/11-208.7(h). (Ord. 2011-22, 8-1-2011; amd. Ord. 2020-O-02, 1-20-2020; Ord. 2023-O-18, 10-2-2023)