(A) Opportunity for hearing. The owner or person entitled to possession of a vehicle to be towed as an abandoned vehicle shall have 72 hours from the time of placement of the pre-tow notice sticker to request a pre-tow hearing. If the owner has not made such a request, any hearing rights under the provisions of this chapter will be deemed waived and the vehicle may be towed.
(B) Scheduling of pre-tow hearings. The pre-tow hearing shall be scheduled for a date within 15 days of the placement of the pre-tow notice sticker. The village shall not be required to delay towing longer than such 15-day period.
(C) Request for pre-tow hearings. Request for a pre-tow hearing may be made in person or by telephone to the shift supervisor or sergeant on duty at the time of such request. The owner will be provided a hearing date and time by mail or in person as the circumstances require.
(D) Appointment of Hearing Officer. The Chief of Police shall choose an officer or employee of the village to serve as Hearing Officer from time to time. In no case shall that Hearing Officer be an individual who was involved in the initial decision to tow the vehicle. The Hearing Officer shall require the presence of the enforcement officer who initiated the proposed tow or any other village personnel.
(E) Nature of hearing. The hearing shall be informal in nature, and the rules of evidence shall not apply. The hearing will not be determinative of, or adjudicate, any citation relative to any vehicle. After receiving all relevant evidence, the Hearing Officer shall make a written decision based upon a preponderance of the evidence as to whether towing of the vehicle is authorized by the laws of the state or the ordinances of the village, with a specific statutory or ordinance section cited in the decision. The owner shall be provided a copy of such hearing decision.
(F) Decision to tow and rates to be charged. If the preponderance of the evidence supports towing and compliance with the provisions of this chapter, the Hearing Officer shall direct that vehicle be towed, with any towing and storage costs to then be imposed upon the owner thereof. The fees to be charged for towing and storage services shall be no more than the rates set out in this chapter. The owner of said vehicle having had such hearing may avoid the towing by immediately removing the vehicle from the improper location to a proper, lawful location and correcting any unlawful condition of the vehicle.
(G) Decision not to tow. If the preponderance of the evidence fails to support towing of the vehicle, the Hearing Officer shall direct that the vehicle shall not be towed. The Hearing Officer shall furnish a copy of such decision to the owner, who may place it inside the vehicle in a location plainly visible from the outside, such as the dashboard or rear window. The village shall tow no vehicle about which such a decision has been rendered unless the circumstances under which the decision was rendered have changed. If at some subsequent time the village should wish to tow the vehicle from the same location, it shall follow the same procedures required for the towing of any other similarly situated vehicle.
(H) Reports and documents to be retained; contesting decisions. Originals or copies of all notices, pre-tow hearing decisions, towing reports, and any associated police reports or documents shall be retained by the Police Department for a period of at least five years after each hearing, or after each tow if no hearing was requested or held. The village or the owner may contest the decision of the Hearing Officer in any manner provided by law.
(Ord. 17-1383, passed 6-21-17)