(A) Within ten days after a motor vehicle is seized and impounded pursuant to this subchapter, the village shall provide a notice of hearing by either personal service or by first class mail, return receipt requested, to the owner, lessee, and any lienholder of record (collectively, “interested person”), at the last known address of the interested person as registered with the Secretary of State. The notice shall state the date, time, and location of the administrative hearing, as well as notify all interested persons of their right to have the vehicle released to them upon payment of all administrative fees and towing and storage fees. An initial hearing shall be scheduled and convened no later than 45 days after the date of the mailing of the notice of hearing.
(B) All interested persons shall be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence shall not apply at the hearing and hearsay evidence shall be admissible. The administrative hearings shall be conducted in compliance with 625 ILCS 5/11-208.3(b)(4) and by a hearing officer who is not an employee of the Village of Swansea and is an attorney licensed to practice law in the state for a minimum of three years. The hearing shall be recorded, and the hearing officer shall be empowered to administer oaths and to secure by subpoena both the attendance and testimony of witnesses and the production of relevant books and papers. Persons appearing at the hearing may be represented by counsel at their own expense. At the conclusion of the administrative hearing, the hearing officer shall issue a written decision either sustaining or overruling the vehicle impoundment.
(C) If the administrative hearing officer sustains the basis for the vehicle impoundment, the hearing officer shall enter a written order requiring any administrative fee posted to secure the release of the vehicle to be forfeited to the village. Unless the administrative hearing officer overturns the basis for the vehicle impoundment, no motor vehicle shall be released to the owner, lessee, or lienholder of record until all administrative fees and towing and storage charges are paid. All final decisions of the administrative hearing officer shall be subject to review under the provisions of the Administrative Review Law.
(D) If the administrative hearing officer finds that the village exceeded its authority under this subchapter or the Illinois Vehicle Code, the village shall be liable to the registered owner or lessee of the vehicle for the cost of storage fees and reasonable attorney’s fees.
(E) (1) If a bond in the amount equal to the applicable administrative fee is posted with the village, the impounded motor vehicle shall be released to the owner of record.
(2) The owner of the motor vehicle shall still be liable to the towing agent for any applicable towing fees.
(F) (1) If an administrative fee is imposed for a violation of this subchapter, the bond will be forfeited to the village; however, if the hearing officer overturns the basis for the vehicle impoundment and no administrative fee is imposed for a violation of this subchapter, the bond will be returned to the person posting the bond.
(2) All bond money posted pursuant to this subchapter shall be held by the village until the hearing officer issues a decision or, if there is a review of that decision, until the court of jurisdiction issues its orders.
(G) All decisions of the Hearing Officer shall be subject to review under the provisions of the State Administrative Review Law.
(Ord. 1822, passed 5-7-2018)