A. Preliminary Hearing: If the owner or lessee of record of a vehicle seized and impounded desires to contest the seizure and impoundment of the vehicle he or she must make a request for a preliminary hearing within twenty-four (24) hours of the seizure. The request shall be deemed filed upon delivery to the Chief of Police in care of the South Barrington Police Department. The preliminary hearing request shall be in writing and the Chief of Police or his/her designee shall conduct the preliminary hearing within twenty-four (24) hours after receipt of the request, excluding Saturdays, Sundays, or Village holidays, in which case the preliminary hearing shall be heard on the next business day after the request. All interested parties shall be given a reasonable opportunity to be heard at the preliminary hearing. The formal rules of evidence shall not apply at the preliminary hearing, and hearsay evidence shall be admissible only if it is of the type commonly relied upon by reasonably prudent persons in the conduct of their affairs. If, after the preliminary hearing, the Chief of Police or his/her designee determines there is probable cause to believe that the vehicle is subject to seizure and impoundment, he/she shall order the continued impoundment of the vehicle as herein provided, unless the owner of the vehicle posts with the Village a cash bond in the amount of five hundred dollars ($500.00), and pays any applicable towing and storage fees. If the Chief of Police or his/her designee determines that there is no such probable cause to believe the vehicle was used or operated during the commission or attempted commission of the offenses set forth in subsection 6-6-1-B of this chapter, then the vehicle shall be returned to the registered owner without penalty or other fees.
B. Administrative Hearing: Unless a vehicle has been released for no probable cause at a preliminary hearing or the owner, lessee or lienholder has posted cash bond and agreed in writing to waive an administrative hearing, the Village shall, within ten (10) days after a vehicle is seized and impounded, notify the registered owner, lessee and any lienholder of record by personal service or first class mail, postage prepaid, of the date, time, and location of a hearing that will be conducted. The notice of hearing shall be sent to the interested party’s address as registered with the. Secretary of State of the State of Illinois, or the appropriate authority of another state. An initial hearing shall be scheduled and held no later than forty-five (45) days after mailing the notice of hearing or personal service of the notice of hearing. Continuances shall only be granted for good cause shown. All interested persons shall be given a reasonable opportunity to be heard at the hearing. At any time prior to the hearing date, the hearing officer may, at the request of any party, direct witnesses to appear and give testimony at the hearing. Subpoenas for the production of witnesses and records may be issued upon request and for good cause. The formal rules of evidence shall not apply at the hearing, and hearsay evidence shall be admissible only if it is of the type commonly relied upon by reasonably prudent persons in the conduct of their affairs. If, after the hearing, the hearing officer determines by a preponderance of the evidence that the vehicle was used or operated in connection with or during the commission or attempted commission of any of those offenses set forth in subsection 6-6-1-B of this chapter, or that the police officer had reasonable cause to believe the motor vehicle was subject to seizure and impoundment, the hearing officer shall enter an order finding the owner of record of the vehicle civilly liable to the Village for a civil penalty in the amount of five hundred dollars ($500.00), and requiring the vehicle to continue to be impounded until the owner pays the civil penalty to the Village plus any and all fees to the tower and/or Village for the towing and storage of the vehicle as the case may be. If, after proper service of notice, the owner of record fails to appear at the hearing, the hearing officer shall conduct the hearing in absentia and, if appropriate, enter an order finding in favor of the Village, a copy of which order shall be sent to the registered owner, lessee and/or lienholder of record by first class mail, postage prepaid. If at the hearing the hearing officer finds that no such violation occurred, or reasonable cause did not exist, the hearing officer shall order the immediate return of the vehicle and any bond posted to the owner without assessing any fees or penalty. (Ord. 2014-1019, 5-8-2014; amd. Ord. 2020-1257, 12-10-2020; Ord. 2023-1382, 10-12-2023)