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§ 130.099 NOTICE OF HEARING.
   Unless waived in writing at the time the administrative towing fee is paid, the registered owner or lessee of the vehicle and any lienholder of record shall be provided with a notice of hearing. The notice shall:
   (A)   Be served upon the owner, lessee, and any lienholder of record either by personal service or by first class mail to the interested party's address as registered with the Secretary of State;
   (B)   Be served upon interested parties within ten days after a vehicle is impounded by the village; and
   (C)   Contain the date, time and location of the administrative hearing. An initial hearing shall be convened no later than 45 days after the date of the mailing of the notice of hearing.
(Ord. 17-028, passed 10-16-2017)
§ 130.100 ADMINISTRATIVE HEARINGS.
   (A)   Whenever a vehicle is impounded pursuant to this subchapter, the registered owner of the motor vehicle or the agents of that owner shall have the opportunity for a hearing pursuant to § 11-208.3(b)(4) of the Motor Vehicle Code.
   (B)   Administrative hearings shall be conducted by a Hearing Officer, who shall be attorney other than the Village Attorney and licensed to practice law in Illinois for a minimum of three years.
   (C)   At the conclusion of the administrative hearing, the Hearing Officer shall issue a written decision either sustaining or overruling the vehicle impoundment.
   (D)   If the basis for the vehicle impoundment is sustained by the Hearing Officer, any administrative fee posted to secure the release of the vehicle shall be forfeited to the village.
   (E)   All final decisions of the Hearing Officer shall be subject to review under the provisions of the Administrative Review Law.
   (F)   Unless the Hearing Officer overturns the basis for the vehicle impoundment, no vehicle shall be released to the owner, lessee, or lienholder of record until all administrative fees and towing and storage charges are paid.
   (G)   If the Hearing Officer determines that in impounding the vehicle, the village exceeded its authority, the village will be responsible to the registered owner or lessee for the cost of storage and reasonable attorney’s fees.
(Ord. 17-028, passed 10-16-2017)
§ 130.999 PENALTY.
   (A)   It shall be unlawful and is declared a nuisance for any person, firm or corporation to permit or maintain the existence of any nuisance on any property under his, her or its control. The village police officer is authorized to enter upon any property to abate such nuisance existing in the village, whether such nuisance is specifically recognized by ordinance or not. The village is further authorized to bring suit before the Circuit Court for abatement for any nuisance existing in the village and for damages caused by such a nuisance.
(Prior Code, § 130.998)
   (B)   Whoever violates any provision of this chapter shall, upon conviction, be fined not less than $250, nor more than $500, for each offense, unless specified otherwise. Each day’s violation shall constitute a separate offense.
(Prior Code, § 130.999)
   (C)   Any person violating § 130.021, upon conviction thereof, shall be subject to a fine of not less than $200, or more than $500; and, in addition, shall be liable to reimburse the village for any landfill or hauling fees caused by the violation.
(Prior Code, § 130.007.1)
   (D)   A person convicted of a violation of any provision of § 130.026 shall be fined not less than $10, nor more than $500.
(Prior Code, § 130.013)
   (E)   (1)   Any person, firm or corporation violating any provision of §§ 130.070 through 130.074 shall be fined not less than $5, or more than $500, for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(Prior Code, § 130.027)
      (2)   The village shall have the authority to adopt regulations establishing fines and providing for their collection in uncontested cases, per §§ 130.070 through 130.074, where the violator provides his or her written consent.
   (F)   Any person who shall violate any of the provisions of §§ 130.085 through 130.091 shall, on conviction thereof, be punished by a fine of not less than $100, nor to exceed $750 for each violation. Each day during which a violation continues beyond the specified time for correction shall constitute a separate punishable offense.
(Prior Code, § 130.028) (Ord. 81-007, passed 6-2-1981; Ord. 88-015, passed 11-15-1988; Ord. 95-025, passed 10-16-1995; Ord. 97-027, passed 10-6-1997; Ord. 97-040, passed 12-1-1997; Ord. 2000-008, passed 3-6-2000; Ord. 18-005, passed 4-16-2018)