(A) Imposition of administrative fee for certain offenses. An administrative fee in the amount of $200 shall be imposed upon the registered owner, or the agent of that owner, of any motor vehicle that has been properly impounded at the direction and by the authority of the Village Police Department, pursuant to the statutes of the State of Illinois or the ordinances of the Village, in connection with any of the following violations:
(1) Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense for which a motor vehicle may be seized and forfeited pursuant to Section 36-1 of the Criminal Code of 1961;
(2) Driving under the influence of alcohol, another drug or drugs, an intoxicating compound or compounds, or any combination thereof, in violation of Section 11-501 of the Illinois Vehicle Code;
(3) Operation or use of a motor vehicle in the commission of, or in the attempt to commit, a felony or in violation of the Cannabis Control Act;
(4) Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of the Illinois Controlled Substances Act;
(5) Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of Section 24-1, 24-1.5, or 24-3.1 of the Criminal Code of 1961;
(6) Driving while a driver's license, permit, or privilege to operate a motor vehicle is suspended or revoked pursuant to Section 6-303 of the Illinois Vehicle Code; except that vehicles shall not be subjected to seizure or impoundment if the suspension is for an unpaid citation (parking or moving) or due to failure to comply with emission testing;
(7) Operation or use of a motor vehicle while soliciting, possessing, or attempting to solicit or possess cannabis or a controlled substance, as defined by the Cannabis Control Act or the Illinois Controlled Substances Act;
(8) Operation or use of a motor vehicle with an expired driver's license, in violation of Section 6-101 of the Illinois Vehicle Code, if the period of expiration is greater than one year;
(9) Operation or use of a motor vehicle without ever having been issued a driver's license or permit, in violation of Section 6-101 of the Illinois Vehicle Code, or operating a motor vehicle without ever having been issued a driver's license or permit due to a person's age;
(10) Operation or use of a motor vehicle by a person against whom a warrant has been issued by a circuit clerk in Illinois for failing to answer charges that the driver violated Section 6-101, 6-303, or 11-501 of the Illinois Vehicle Code;
(11) Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of Article 16 or 16A of the Criminal Code of 1961; or
(12) Operation or use of a motor vehicle in the commission of, or in the attempt to commit, any other misdemeanor or felony offense in violation of the Criminal Code of 1961, when so provided by local ordinance.
(B) Payment and release from impound.
(1) Whenever a police officer has cause to believe that a motor vehicle is subject to impoundment, the officer shall provide for the towing of the vehicle to a facility authorized by the Village.
(2) Motor vehicles impounded under this section shall remain impounded until all costs associated with the towing and storage of the vehicle have been paid to the private company towing and storing the vehicle; and
(a) The registered owner or registered owner’s agent appears at the Village Police Department and remits the $500; or
(b) The registered owner appears in person at the Village Police Department and requests a hearing to contest the imposition of the administrative fee, and signs the Village’s notice acknowledging receipt of the hearing date, and posts a cash bond in the amount of $500 securing the owner’s appearance at the hearing date.
(3) Upon payment of the administrative fee or the registered owner's request for a hearing, the Village Police Department shall inform the private towing company that the Village is releasing its hold on the vehicle. However, the private towing company shall have the right to hold the vehicle until the costs associated with the towing and storage have been paid in full or other arrangements for payment have ben made in a manner consistent with the company's normal practices.
(4) Administrative fees imposed by this section shall be in addition to any other penalties that may be assessed by a court of law for the underlying violations; and any towing or storage fees, or both, charged by the towing company.
(C) Required notice and scheduling of hearing.
(1) At the time the vehicle is towed, the Village will notify or make a reasonable attempt to notify the owner, lessee, or person identifying himself or herself as the owner or lessee of the vehicle, or any person who is found to be in control of the vehicle at the time of the alleged offense, of the fact of the seizure, of the vehicle owner's or lessee's right to an administrative hearing, and that the motor vehicle will remain impounded pending the completion of the administrative hearing, unless $200 bond is posted to the Village, and all towing and storage charges are paid to the private towing company.
(2) Within 10 days after the vehicle is impounded, the Village shall cause to be served upon the owner, lessee, and any lienholder of record either by personal service or by first class mail to the interested party's address as registered with the Secretary of State, a notice containing at minimum, the date, time, and location of the administrative hearing. The initial hearing shall be scheduled and convened no later than 45 days after the date of the mailing of the notice of hearing.
(D) Administrative review of impoundment.
(1) Any owner, lessee, or lienholder of record is entitled to a hearing on the basis for the vehicle impoundment, as set forth in this section. The interested party, or their legal representative, may appear at the administrative hearing and present evidence and testimony as to whether or not there was a proper basis for impoundment as set forth in division (A) of this section, or to present evidence and testimony that the vehicle was stolen at the time the vehicle was impounded.
(2) The administrative hearing shall be conducted in the manner, and under the procedures not conflicting with this section, as set forth in Chapter 38 of this Code of Ordinances.
(a) The Village's Administrative Hearing Officer shall preside over the proceedings.
(b) The hearing officer will determine whether, by a preponderance of the evidence, the vehicle seized and impounded was being used in violation of one of the offenses set forth in division (A) of this section.
(c) Formal rules of evidence shall not apply at the administrative hearing.
(d) At the conclusion of the administrative hearing, the hearing officer shall issue a written decision either sustaining or overruling the vehicle impoundment.
(3) Unless the Administrative 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. Any administrative fee posted to secure the release of the vehicle shall be forfeited to the municipality, and shall be applied towards any unpaid portion of the administrative fee.
(4) All final decisions of the Administrative Hearing Officer shall be subject to review under the provisions of the Administrative Review Law.
(E) Retrieval of impounded vehicles after hearing. Vehicles not retrieved from the towing facility or storage facility within 35 days after the Administrative Hearing Officer issues a written decision shall be deemed abandoned and disposed of in accordance with the provisions of Article II of Chapter 4 of the Illinois Vehicle Code.
(F) Unless stayed by a court of competent jurisdiction, any fine, penalty, or administrative fee imposed under this section which remains unpaid in whole or in part after the expiration of the deadline for seeking judicial review under the Illinois Administrative Review Law may be enforced in the same manner as a judgment entered by a court of competent jurisdiction.
(Ord. 2011-44, passed 10-6-2011; Am. Ord. 2012-29, passed 5-3-2012; Am. Ord. 2013-8, passed 2-21-2013)