A. Authorization To Impound, Boot Or Tow Motor Vehicle: Any motor vehicle whose registered owner has been determined to be liable for ten (10) or more vehicular standing or parking regulation violations, for which the fines or penalties assessed remain unpaid, may be immobilized, booted or towed and impounded if:
1. The ordinance enforcement administrator has determined that a person has been determined to be liable for ten (10) or more ordinance violations, for which the fines or penalties remain unpaid.
2. The person determined to be liable for ten (10) or more violations is the registered owner of a motor vehicle located within the city geographical boundaries.
3. A seizure notice has been sent to the registered owner of the motor vehicle located within the geographical boundaries of the city.
B. Contents Of Seizure Notice: A seizure notice shall contain, but shall not be limited to, the following:
1. That a final determination has been made on ten (10) or more ordinance violations, for which the fines and penalties remain unpaid.
2. A listing of the violations for which the person has been determined to be liable, which shall include for each violation:
a. The ordinance violation notice number;
b. Date of issuance; and
c. Total amount of fines and penalties assessed.
3. That the motor vehicle owned by the person and located within the city are subject to immobilization and/or towing and impoundment if the fines and penalties are not paid within, but not later than fifteen (15) days of the date of the notice.
4. Date of immobilization.
5. Date of impending towing and impoundment.
6. That the registered owner may contest the validity of the notice by appearing in person before the ordinance administrator within fifteen (15) days of the date of the notice and submitting evidence which would conclusively disprove liability, such as the following:
a. That the registered owner was not the owner or lessee of the vehicle on the date or dates the notices of violation were issued; or
b. That the fines or penalties for the violations cited in the notice were paid in full; or
c. That the registered owner has not accumulated ten (10) or more ordinance violation notices which are unpaid, not adjudicated or for which no appearance was made.
7. That the motor vehicle of the registered owner to whom notice is sent has failed to make payment of the fines or penalties as specified in the notice and has failed to appear with evidence to conclusively disprove liability before the ordinance enforcement administrator to contest the validity of the notice.
C. Request For Hearing In Case Of Impoundment And Towing Of Motor Vehicle: Upon the receipt of the request for hearing to contest the validity of the immobilization or towing and impoundment, the ordinance enforcement administrator shall schedule an administrative hearing to contest the validity of the immobilization or towing and impoundment on the next scheduled hearing date or if sooner scheduled by the ordinance enforcement administrator for good cause shown, but in no case shall the hearing be scheduled later than thirty (30) days after the request for hearing is filed and shall serve notice of the hearing date upon the registered owner by first class mail, postage prepaid, to the address as is set forth on the request for hearing. Service of the notice shall be complete on the date it is placed in the United States mail.
D. Notice Affixed To Vehicle In Cases Of Immobilization: Upon immobilization of an eligible vehicle, a notice shall be affixed to the vehicle in a conspicuous place. Such notice shall warn that the vehicle is immobilized and that any attempt to move the vehicle may result in its damage. The notice shall also state that the unauthorized removal of or damage to the immobilizing restraint is a violation of sections 16-1 and 21-1 of the Illinois criminal code. The notice also shall provide the following information specifying that a release of the immobilizing restraint may be had by:
1. Paying all the fines and penalties, if any, on the outstanding complaints for which notice has been sent prior to the date of the immobilization; or
2. Completing appearance forms on all outstanding parking violation complaints for which notice had been sent prior to the date of the immobilization and depositing collateral in the amount of fifty percent (50%) of the total fines for these outstanding parking violation complaints, or five hundred dollars ($500.00), whichever is less.
E. Towing Of Immobilized Vehicle: Except where the vehicle is otherwise subject to towing, if the immobilizing restraint has not been released as hereinabove provided, within seventy two (72) hours of its placement, the vehicle may be towed and impounded.
F. Postimpoundment Notice: Within ten (10) days after a vehicle has been impounded, notice of impoundment shall be sent by certified mail, return receipt requested, to the registered owner of the vehicle. The notice shall state that the owner has the right to a postimmobilization and posttowing hearing as provided in subsection G of this section and that if the vehicle is not claimed within thirty (30) days from the date of the notice, the vehicle may be sold or otherwise disposed of in accordance with the Illinois vehicle code.
G. Hearing In Case Of Vehicle Immobilization: The owner of an immobilized vehicle or other interested person shall have the right to a hearing to determine whether the immobilization or any subsequent towing was erroneous or whether the vehicle was properly included on an immobilization list, if the owner files a written demand for a hearing before the ordinance enforcement administrator within fourteen (14) days after issuance of the notice specified in subsection F of this section or within fourteen (14) days of immobilization, whichever is later. The hearing shall be scheduled as set forth in subsection C of this section. Failure to request or attend a scheduled hearing shall be deemed a waiver of the right to a hearing. In the event of such failure, any amount deposited pursuant to subsection D of this section shall be forfeited. A hearing provided by this section shall not determine the validity of or otherwise adjudicate any citation or notice of ordinance violation issued relative to the immobilized vehicle, but shall only relate to whether the vehicle was properly immobilized or towed by determining whether the owner previously submitted evidence required by this chapter.
H. Fines And Fees For Immobilization: The fine for immobilization shall be one hundred fifty dollars ($150.00) and the fine for impoundment and towing shall be an amount not to exceed five hundred dollars ($500.00). The owner of the vehicle shall also be charged reasonable storage and towing fees should the vehicle be removed to a private storage facility, provided that no fees shall be assessed for any immobilization or tow which has been determined to be erroneous.
I. Towing Services: The ordinance enforcement administrator shall appoint or retain the services of an individual agency or company to tow and impound vehicles in accordance herewith, provided that that individual, agency or company is fully insured and licensed according to local or state law and has available a secured impound area within which to retain vehicles impounded hereunder. For the purpose of this section a "secured area" shall mean an area bounded by a fence, chainlink or otherwise, of a sufficient height and with locking gates so as to minimize or prevent unauthorized entry into the impounded vehicles. (Ord. 0-07-05, 1-22-2007)