(a) Unless a motor vehicle has previously been returned to the owner of record, within ten days after a vehicle is seized and impounded pursuant to Section 454.01, the Village shall notify the owner of record of the date, time and location of a hearing that will be conducted pursuant to this section. Such notice shall be given by personal service to the owner of record of the motor vehicle, or by First Class U.S. Mail to the owner of record. A copy of such notice shall also be given by First Class U.S. Mail to any lienholder of record.
(b) All vehicle impoundment hearings held pursuant to this section shall be conducted by a hearing officer who is an attorney licensed to practice law in Illinois for a minimum of three years. Such attorney shall be appointed a hearing officer under the provisions of Section 412.03(c) of this Traffic Code.
(c) The owner of record shall appear at the administrative hearing and enter a plea of guilty or not guilty to the public nuisance offense for which the motor vehicle was impounded as provided in Section 454.01. If a plea of guilty is entered, or if the owner of record fails to appear, the cause shall be disposed of at that time with an order in favor of the Village which shall require the payment to the Village of an administrative fee in the amount of five hundred dollars ($500.00), plus all towing and storage costs to the applicable tow company.
(d) If the owner of record pleads not guilty to the public nuisance offense for which the motor vehicle was impounded as provided in Section 454.01, an evidentiary hearing shall be scheduled and held no later than forty-five days after the vehicle was impounded. 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 allowed and admissible if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
(e) If, after the hearing, the hearing officer determines by a preponderance of the evidence that the motor vehicle was used in connection with a public nuisance violation set forth in Section 454.01 of this chapter, or was otherwise properly subject to impoundment, the hearing officer shall enter a decision with written findings of fact that the motor vehicle was used in connection with a public nuisance violation set forth in Section 454.01 of this chapter, or was otherwise properly subject to impoundment. Unless the record owner or other interested person demonstrates to the satisfaction of the hearing officer that one of the exceptions described in Section 454.02 applies, the hearing officer shall enter an order finding the owner of record of the vehicle civilly liable to the Village for an administrative fee in the amount of five hundred dollars ($500.00), plus all towing and storage costs to the applicable tow company. If the owner of record fails to appear at the hearing, the hearing officer shall enter a default order in favor of the Village requiring the payment to the Village of an administrative fee in an amount not to exceed five hundred dollars ($500.00), plus all towing and storage costs to the applicable tow company. If the hearing officer finds that no such violation has occurred, the hearing officer shall order the immediate return of the owner's vehicle or cash bond.
(Ord. 1608. Passed 1-25-16; Ord. 1614. Passed 3-14-16; Ord. 1743. Passed 1-25-21.)