(a) Any motor vehicle whose registered owner has been determined to be liable for three or more vehicular standing, parking or compliance regulations, or automated traffic law violations, for which fines or penalties assessed remain unpaid, may be immobilized or towed and impounded if the vehicle is on a public way and if:
(1) The Traffic Compliance Administrator has determined that the person has been determined to be liable for three or more vehicular standing, parking, compliance regulations, or automated traffic control violations, the fines or penalties for which remain unpaid.
(2) The person determined to be liable for three or more violations is the registered owner of a motor vehicle located within corporate boundaries of the Village.
(3) A pre-towing notice has been sent to the registered owner of the motor vehicle located within the Village, which notice shall contain, but is not limited to, the following information:
A. A statement that a final determination has been made on three or more vehicular standing, parking, compliance regulation or automated traffic law violations, the fines and penalties for which remain unpaid.
B. A listing of the violations for which the person has been determined to be liable, which shall include, for each violation:
1. The vehicular standing, parking, compliance regulation or automated traffic law violation notice number;
2. The date of issuance; and
3. The total amount of fines and penalties assessed.
C. A statement that a motor vehicle owned by the person and located within the Village is subject to immobilization and/or towing and impoundment if the fines and penalties are not paid within fourteen days of the date of notice..
D. A statement that the registered owner may contest the validity of the notice by fully completing and signing the request for hearing portion of the notice and filing the request with the Traffic Compliance Administrator within, but not later than, fourteen days of the date of the notice. The request for hearing shall be deemed filed upon its receipt by the Traffic Compliance Administrator.
(4) The motor vehicle(s) of the registered owner to whom the notice is sent has failed to make payment of the fines or penalties specified in the notice and no timely request for hearing has been filed with the Traffic Compliance Administrator to contest the validity of the notice.
(b) Upon the receipt of the request for hearing to contest the validity of the notice of impending immobilization or towing and impoundment, the Traffic Compliance Administrator shall schedule an administrative hearing to contest the validity of said notice by disapproving liability for the unpaid final determinations of parking, standing, compliance regulation or automated traffic law violations listed on the notice, on the next available hearing date, but in no case shall the hearing be scheduled later than sixty days after the request for hearing is filed.
(1) The Traffic Compliance Administrator shall serve notice of the hearing date upon the registered owner.
(2) Notice shall be sent by first class mail, postage prepaid, to the address set forth on the request for hearing.
(3) Service of the notice shall be complete on the date it is placed in the United States mail.
(c) The registered owner of a vehicle immobilized or towed and impounded under this Section shall have the right to a prompt administrative hearing without the requirement of payment of outstanding fines and penalties for which final determination has been made, after the vehicle has been immobilized or subsequently towed.
(1) The Traffic Compliance Administrator shall serve a post-towing notice upon the registered owner of a vehicle immobilized or towed and impounded under this section, which notice shall contain, but not be limited to the following information:
A. The date of immobilization or towing and the date of impoundment.
B. The location of the vehicle.
C. A statement that the vehicle was immobilized or towed and impounded for nonpayment of fines or penalties assessed for the violation of three or more violations of vehicle standing, parking, compliance regulations or automated traffic law violations for which the registered owner has been determined liable and notified of impending immobilization and impoundment.
D. The date of notice of impending immobilization or towing and impoundment.
E. A statement that the registered owner may contest the validity of the immobilization or towing and impoundment by completing and signing the Request for Hearing portion of the notice and filing the request for hearing with the Traffic Compliance Administrator within, but not later than, fourteen days of the date of the notice, which request for hearing will be deemed filed upon its receipt by the Traffic Compliance Administrator.
(2) Upon the receipt of the request for a hearing to contest the validity of the immobilization or towing and impoundment, the Traffic Compliance Administrator shall schedule an administrative hearing to contest the validity of the immobilization or towing and impoundment on the next available hearing date, or sooner, if scheduled by the Traffic Compliance Administrator for good cause shown, but in no case shall the hearing be scheduled later than sixty days after the request for hearing is filed.
A. The Traffic Compliance Administrator shall serve notice of the hearing date upon the registered owner.
B. Notice shall be sent by first class mail, postage prepaid, to the address set forth on the request for hearing.
C. Service of the notice shall be complete on the date it is placed in the United States mail.
(3) An order entered after the hearing to contest the validity of the immobilization or towing and impoundment is a final administrative decision within the meaning of the Illinois Administrative Review Law, 735 ILCS 5/3-101 et seq.
(d) A vehicle impounded pursuant to this Section shall be released to the registered owner, or his/her agent, upon payment of the fines and penalties due and owing the Village, as specified in the notice sent in accordance with paragraph (a)(3) above, and upon payment of towing charges and accrued daily impound charges, or upon order of the Hearing Officer following a hearing contesting the validity of the impoundment.
(e) The Police Chief, with approval of the Village Manager, shall appoint or retain the services of an individual agency or company to tow and impound vehicles in accordance with this Section, provided that:
(1) The individual, agency or company is fully licensed according to State and local law.
(2) The individual, agency or company is fully insured.
(3) The individual, agency or company has available a secured impound area within which to retain vehicles impounded under this Section. For the purposes of this Section, a "secured area" means an area bounded by a fence, chain-link or otherwise, of sufficient height and with locking gates so as to minimize or prevent unauthorized entry into the impoundment lot.
(Ord. 833. Passed 8-22-94; Ord. 1516. Passed 3-26-12; Ord. 1651. Passed 10-9-17.)