(A) Notice of Hearing. Any owner issued a citation for a violation of § 75.02 of this Chapter shall have the right to request a hearing to challenge the citation and/or subsequent impoundment. Notice shall be given, to the owner of record, of the ability to request a hearing. Such notice shall be mailed by certified mail, return receipt requested, to the owner of record, as shown on the records of the Illinois Secretary of State. Notice by certified mail need not be given when the owner of the vehicle has been personally served with notice, in written form, of his ability to apply for a hearing under subsection (B). If the owner of the vehicle requests a hearing pursuant to subsection (B), the Village, within forty-five (45) days, shall notify the owner of record of the date, time and location of a hearing. Notice of the date, time and location of the hearing shall be sent via regular mail.
(B) Requesting a Hearing. Any person cited under this Chapter may apply for a hearing when they believe that they or the person driving the vehicle was not in violation of this Chapter at the time the citation was issued and/or they otherwise believe that the impoundment of the vehicle was improper under the circumstances. The application for a hearing shall be made no later than seven (7) days after notice has been given either personally or by certified mail, whichever is applicable in the given circumstance. The application to request a hearing shall be provided by the Village at the time notice is given. The bond will be forfeited in the event a hearing is not requested as provided for in this ordinance.
(C) Hearing. For purposes of this Section, the following shall apply to the owners hearing:
(1) Unless continued by order of the hearing officer, the hearing shall be held within sixty (60) days after the motor vehicle was seized.
(2) All interested persons will be given a reasonable opportunity to be heard at the final hearing.
(3) If, after the conclusion of the hearing, the hearing officer determines by a preponderance of the evidence that the vehicle was used in violation of § 75.02, and otherwise determines that the seizure and impoundment of the vehicle was proper pursuant to § 75.03, the hearing officer shall order the continued impoundment of the vehicle until the owner of the vehicle pays to the Village a penalty in the amount of Five Hundred Dollars ($500.00), plus the towing and storage costs. In the event the vehicle was not impounded, an order shall be entered wherein the owner of record shall be liable to the Village in the amount of Five Hundred Dollars ($500.00). The penalty and costs shall be a debt due and owing to the Village.
(4) If the owner of record fails to appear at the hearing, the hearing officer shall enter an order of default in favor of the Village, which order shall require the payment to the Village of an administrative penalty of Five Hundred Dollars ($500.00).
(5) If the hearing officer determines that the vehicle was not used as hereinabove provided in violation of § 75.02 the motor vehicle will be returned to the owner of record of the vehicle without any penalty or other costs, or, if a cash bond had previously been posted, the cash bond shall be returned.
(6) If the hearing officer determines that the vehicle was used in violation of § 75.02, but determines that the vehicle was not properly subject to seizure or impoundment under § 75.03, the hearing officer shall enter a judgment against the owner in the amount of Five Hundred Dollars ($500.00) and release the seized vehicle without towing and storage costs and/or order the reimbursement of towing and storage costs if the vehicle was previously released. The penalty shall be a debt due and owing to the Village.
(7) The ticket issued shall constitute prima facie evidence that the offense stated was committed.
(Ord. 11-2813, passed 1-11-11)