A. A hearing officer shall be appointed to conduct a posttow hearing, if such hearing is timely and properly requested by the owner of the impounded vehicle. The posttow hearing shall be conducted in accordance with the rules and regulations of the village's system of administrative adjudication set forth in title 1, chapter 14 of this code.
B. If the hearing officer issues an order finding that there was a violation of this chapter, and if the owner has previously elected to deposit a cash bond with the village as provided in subsection 6-6-6B of this chapter, such cash bond shall immediately be forfeited to the village. If the owner elected not to post a cash bond in order to reclaim the owner's motor vehicle before the hearing, then the owner may take possession of the vehicle only after he or she shall have:
1. Furnished evidence of his identity and ownership of the vehicle or his right to possession to the police department;
2. Paid all towing and storage costs for the vehicle and delivered a signed receipt for the vehicle to the towing agent;
3. Made payment to the village clerk of the prescribed administrative penalty.
C. If the hearing officer issues an order finding that there was no violation of this chapter, and:
1. If the vehicle is impounded at the time of hearing, then the hearing officer shall order the vehicle to be immediately released, but the owner of the vehicle shall remain liable to the towing agent for applicable towing and storage fees; or
2. If the vehicle has been released, then the hearing officer shall order that a refund of the cash bond posted under subsection 6-6-6B of this chapter will be made within forty eight (48) hours, but the owner of the vehicle shall remain liable to the towing agent for applicable towing and storage fees. (Ord. 06-11-24, 11-21-2006)