(A) Seizure. A motor vehicle, operated with the knowledge of the owner of record that is used in the violation of this subchapter, shall be subject to seizure and impoundment.
(B) Probable cause. Whenever a police officer has a probable cause to believe that a vehicle is subject to seizure and impoundment, pursuant to this section, the police officer shall provide for the towing of the vehicle to a facility controlled by the village or its agents. When the vehicle is towed, the police officer shall notify the person who is found to be in control of the vehicle at the time of the alleged violation if there is such a person, of the fact of the seizure and of the vehicle owner’s right to request a preliminary hearing to be conducted under this section. The vehicle shall be impounded, pending the completion of the hearings provided for below, unless the owner of the vehicle posts with the village a cash bond in the amount of $250, plus fees for the towing and storage of the vehicle.
(C) Hearings.
(1) The owner of the vehicle seized, pursuant to this section, may request an immediate hearing after receiving a notice of the seizure. In cases where an immediate hearing is not requested, a Hearing Officer of the village shall conduct the preliminary hearing within 72 hours after the seizure. All interested persons shall be given a reasonable opportunity to be heard at the preliminary hearing and hearsay evidence shall be admissible. If, after the hearing, the Hearing Officer determines that there is probable cause to believe that the vehicle, operated with the knowledge of the owner, was used in commission of a violation of this section, the Hearing Officer shall order the continued impoundment of the vehicle as provided in this section, unless the owner of the vehicle posts with the village a cash bond in the amount of $250, plus fees for the towing and storage of the vehicle. If the Hearing Officer determines that there is no probable cause, the vehicle shall be returned without penalty or other fees.
(2) Within ten days after a vehicle is seized and impounded, pursuant to this section, the village shall notify by certified mail, return receipt requested, the owner of record of the date, time and location of a hearing that will be conducted pursuant to this section. The hearing shall be conducted no later than 45 days after the vehicle was seized. All interested persons shall be given a reasonable opportunity to be heard at the hearing. If, after the hearing, the Hearing Officer determines by a preponderance of evidence that the vehicle, operated with the knowledge of the owner, was used in commission of a violation of this section, the Hearing Officer shall enter an order requiring the vehicle to continue to be impounded until the owner pays a penalty of $250, plus fees for the towing and storage of the vehicle. The penalty and fees shall be a debt due and owing the village. However, if a cash bond has been posted, the bond shall be applied to the penalty. If the Hearing Officer determines that the vehicle was not knowingly used in the violation, the Hearing Officer shall order the return of the vehicle or cash bond.
(D) Unclaimed vehicles.
(1) Any motor vehicle that is not reclaimed within 45 days after the expiration of the time during which the owner of record may seek administrative review of the village’s action under this section, or the time at which a final judgement is rendered in favor of the village, may be disposed of as an unclaimed vehicle as provided by law.
(2) As used in this section, the
OWNER OF RECORD of a vehicle means the record title holder.
(Prior Code, § 132.18) (Ord. 94-3, passed 6-6-1994)