(A) Highway. The abandonment of a vehicle or any part thereof on any highway in this municipality is unlawful and subject to penalties as set forth herein this subchapter.
(B) Private property. The abandonment of a vehicle or any part thereof on private or public property, other than a highway, in view of the general public, anywhere in this municipality is unlawful except on property of the owner or bailee of such abandoned vehicle.
(C) Owner's property.
(1) Removal. A vehicle or any part thereof so abandoned on private property, may be authorized for removal by or upon the order of the Chief of Police of the municipality after a waiting period of seven days or more has expired. Such vehicle may be removed immediately if determined to be a hazardous dilapidated motor vehicle under § 11-40-3.1 of the Illinois Municipal Code (65 ILCS 5/11-40-3.1).
(2) Violations; administrative hearing. A violation of divisions (A), (B), or (C) of this section is subject to penalties as set forth herein this subchapter.
(a) Within ten days after a motor vehicle is removed pursuant to division (C), the village shall notify by personal service or by first class mail to the owner of record of the owner's right to a hearing, along with the date, time and location of the hearing, to challenge whether a violation of this subchapter has occurred. The hearing date must be scheduled and convened no later than 45 days after the mailing of the notice, or issuance of the notice of hearing. 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.
(b) If, after the hearing, the hearing officer determines by a preponderance of the evidence that the motor vehicle was abandoned in violation of this subchapter, then the hearing officer shall enter an order finding the owner of record of the motor vehicle liable to the municipality for violating this chapter and subject to a penalty of a fine of up to $500.
(c) If, after the hearing, the hearing officer does not determine by a preponderance of the evidence that the motor vehicle was abandoned in such a violation, the hearing officer shall enter an order finding for the owner and for the return of the motor vehicle.
(d) (1) If owner of record fails to appear at the hearing, the owner of record shall be deemed to have waived his or her right to a hearing.
(2) If the owner of record pays such administrative fee and the motor vehicle is returned to the owner, no default order need be entered if the owner was informed of his or her right to a hearing, in which case an order of liability shall be deemed to have been made when the municipality receives the written waiver.
(e) (1) If a bond in the amount equal to the applicable administrative fee is posted with the Police Department, the towed 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 municipality; however, if a violation of this subchapter is not proven by preponderance of the evidence, 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 municipality until the hearing officer issues a decision or, if there is a judicial review, 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.