(A) Opportunity for hearing. The owner or party entitled to possession of a vehicle towed pursuant to § 81.22(B), (B)(1) or (C) shall be provided the opportunity for a post-tow hearing to determine the validity of such tow and any towing or storage charges. The hearing will not be determinative of, or adjudicate, any citation issued relative to any towed vehicle.
(B) Appointment of Hearing Officer and nature of the hearing. The nature of the hearing and the appointment of the Hearing Officer shall be the same as set forth above in § 81.24.
(C) Conduct of post-tow hearings. The Hearing Officer shall review all evidence presented by the vehicle owner and the Police Department or other village employees, and shall make a finding in writing based upon the preponderance of the evidence presented, as to the lawful authority for the towing and storage of the vehicle.
(D) Post-tow hearing decision. For each hearing, the Hearing Officer shall complete a post-tow hearing decision and attach such decision to the Police Department's original vehicle towing report, and supply a copy of the decision to the owner by personal delivery if the owner is present, otherwise by mail within seven days of the hearing.
(E) Decision to tow justified. If the preponderance of the evidence supports towing and compliance with the provisions of this chapter, the Hearing Officer shall direct that the tow was justified and towing and storage costs 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.
(F) Decision to tow unjustified. If the preponderance of the evidence fails to support towing of the vehicle then the Hearing Officer may find the village responsible for towing and storage fees.
(G) Reports and documents to be retained; contesting decisions. All originals or copies of the notices, post-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)