(A) At the time the vehicle is towed, the city shall 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 and of the vehicle owner’s or lessee’s right to an administrative hearing.
(B) The city shall also provide notice that the motor vehicle shall remain impounded pending completion of an administrative hearing, unless the owner or lessee of the vehicle or a lienholder posts with the city a bond equal to the administrative fee as provided by § 70.077 of this chapter, and pays all towing and storage charges.
(C) The registered owner or lessee, and any lienholder of record, shall be provided with a notice of hearing. The notice shall:
(1) Be served upon the owner or lessee, and any lienholder of record, either by personal service or first class mail to the interested party’s address as registered with the Secretary of State;
(2) Be served upon interested parties within ten days after the vehicle is impounded by the city; and
(3) Contain the date, time and location of the administrative hearing. An initial hearing shall be scheduled and convened no later than 45 days after the date of the mailing of the notice of hearing.
(D) (1) All administrative hearings shall be held in accordance to the requirements contained in subd. (b)(4) of § 11-208.3 of the Illinois Motor Vehicle Code, 625 ILCS 5/11-208.3. In addition, all administrative hearings shall be conducted by a hearing officer who shall be an attorney licensed to practice law in this state for a minimum of three years. The Mayor as Police Commissioner may appoint the City Attorney as hearing officer.
(2) At the conclusion of the administrative hearing, the hearing officer shall issue a written decision either sustaining or overruling the vehicle impoundment. If the basis for the vehicle impoundment is sustained by the administrative hearing officer, any administrative fee posted to secure release of the vehicle shall be forfeited to the city.
(3) All final decisions of the administrative hearing officer shall be subject to review under the provisions of the Administrative Review Law. 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.
(E) 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 Art. II of Ch. 4 of the Illinois Motor Vehicle Code, 625 ILCS 5/4-201 et seq.
(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 Administrative Review Law, 735 ILCS 5/3-101, may be enforced in the same manner as a judgment entered by a court of competent jurisdiction.
(1994 Code, § 70.71) (Ord. 11-06, passed 12-12-2011)