(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)