(A) When any junked or abandoned motor vehicle is removed in accordance with this chapter, the village shall promptly give written notice of the removal to the owner of the vehicle at his or her last known address, according to the latest registration certificate or certificate of title on file with the state’s Division of Motor Vehicles, or if the vehicle is not required to be registered according to the best information reasonably available concerning the owner’s last known address. The notice shall also inform the owner that he or she may regain possession of the vehicle by paying to the village all reasonable costs incidental to the removal of and storage of the vehicle.
(B) Whenever a vehicle is towed in accordance with this chapter, the owner of such vehicle shall be entitled to the right of an administrative hearing (appeal) before the Village Manager to determine if the towing was legally necessitated and proper. Said appeal shall be considered only if requested within 72 hours of the time the relevant vehicle’s owner was notified. The appeal request may be initiated on a “right to hearing notice” in which the police officer will provide to the owner of the towed vehicle as soon as practicable after the towing. The pertinent owner may waive the right to an appeal on the foregoing form. If the said waiver is signed, the owner of the towed vehicle is immediately responsible for all towing and storage fees that accrue from the date of towing. If an appeal request is made within the prescribed period of time, the Village Manager will hold a hearing concerning the matter within ten days of receipt of said appeal request. If the Village Manager determined that the towing was legally necessitated and proper, the owner of the towed vehicle shall be immediately responsible for all towing and storage fees that accrue from the date of towing. Conversely, if the Village Manager determines that the towing of the vehicle was illegal and improper, the owner of towed vehicle shall not be responsible for any towing and storage fees accrued, and all towing and/or storage fees previously collected shall be paid in full to the village (the Village Manager or his or her designee) in order to obtain possession of the towed vehicle.
(Prior Code, Ch. 4 § 4.4) (Ord. R-2019.10, passed 8-20-2019; Res. R-2021.9, passed 6-22-2021)