(A) Mailing or delivery of notice. Notice pursuant to this section shall be forwarded by certified or registered mail, return receipt requested, to the address of the owner of the vehicle as indicated in the most current registration list of the Secretary of State, unless the notice is personally delivered to the owner, in which case, the date and time of the delivery and the name of the officer making the delivery shall be noted in the Police Department records or reports. In the event that the village has towed an out-of-state hazardous or unlawful vehicle, inquiry by computer, telephone or letter shall be made of the Secretary of State or equivalent state agency of the particular jurisdiction for the furnishing of the most current registered name and address of the owner of the vehicle, and notice shall be mailed as provided herein to the address furnished. Notification shall be sent no later than two days after the date the ownership of the vehicle is determined.
(B) Notice of vehicle release requirements and hearing rights of towed vehicles. Printed on the back of the invoice is information indicating the opportunity and procedures for a hearing to contest the validity of a towed vehicle.
(C) Requests for post-tow hearings. Requests for hearings may be made in person or by mail to the office indicated on the notice and the back of the invoice within 15 days of the mailing or personal delivery of the notification of tow, or release of the vehicle, whichever occurs first; otherwise, the right to a hearing shall be deemed waived.
(D) Release of motor vehicles. Before the owner or other person entitled to possession of any impounded vehicle shall be permitted to remove same, that person shall furnish evidence of his identity, proof of ownership or of his or her right to possession, sign a receipt for the vehicle, and pay the amount owed for towing and storage fees to the towing service operator unless the Hearing Officer finds that the vehicle should not have been towed. In cases where the vehicle is to be released to a person asserting a legal right to possess the vehicle other than the owner of the vehicle, such person shall also present an indemnification of the village from any claims of the owner of the vehicle for claims relating to the release thereof.
(E) Establishment of towing and storage rates. The vehicle owner shall be responsible for fees for towing and storage on police-ordered tows at rates set forth in this chapter. The towing service operator must fully itemize in writing the details of billing and supply a copy of the itemized bill to the owner and to the Police Department. The towing service operator and the Police Department shall have available a copy of the complete current rate schedule as set forth by this chapter and any special rate policy that may apply for vehicle owners to view upon request.
(Ord. 17-1383, passed 6-21-17)