(A) Post-tow notice.
(1) Issuance of notice. Within 24 hours after towing a vehicle without prior notice, notice shall be forwarded by certified or registered mail, return receipt requested, to the address of the owner of the vehicle as obtained pursuant to the procedure detailed in § 90.23(A) or by personal delivery. The notice shall describe the vehicle and its location, the reason for the tow, the right to request a post-tow hearing and the procedure for doing so, and that the request must be filed within 15 days from mailing or delivery of the notice.
(2) Requests for hearings. Requests for post-tow hearings may be made in person in writing at the office indicated on the notice, or in writing mailed to the office, within 15 days of the mailing of the notice of tow. If notice is not made within the 15-day period, the right to a hearing shall be deemed waived. If the inquiry is made in person, the police shall provide a hearing request form, and assist the person in preparing the request form.
(3) Release of motor vehicles.
(a) Before the owner or person entitled to possession of any impounded vehicle shall be permitted to remove the vehicle, the owner or other person entitled to possession shall furnish evidence of his identity, ownership of the vehicle or his right to possession, sign a receipt for the vehicle, and pay to the towing service operator any towing and storage charges due from the person.
(b) The owner may pay the full amount of fees and subsequently request a hearing pursuant to this section. The fees shall be in addition to (i) any other penalties that may be assessed by a court of law for the underlying violations; and (ii) any towing or storage fees, or both, charged by the towing company.
(c) If the owner wishes a hearing but cannot pay the towing expenses, he may submit a request for hearing and allow the motor vehicle to remain impounded, and request either:
1. A hearing under division (B) below to be held within 24 hours of his request, excluding Saturdays, Sundays, and holidays; or
2. If acceptable to the owner, a hearing within 15 days of the request on a date convenient to the vehicle owner and the village.
(B) Post-tow hearings.
(1) Opportunity for hearing.
(a) The owner or person entitled to possession of a vehicle towed, as an immediate tow, by or pursuant to the authority of the Police Department as set forth herein shall be provided the opportunity for a post-tow hearing to determine the validity of the tow and any towing or storage charges. This hearing will not be determinative of, or adjudicate, any citation issued relative to any towed vehicle.
(2) Duties of vehicle tow hearing officer.
(a) The Hearing Officer, or by prior arrangement an official of the village, processing the owner's request for a hearing shall have authority to designate a hearing date and time, and to so inform the owner of the date and time of the hearing.
(b) The Hearing Officer shall review all evidence presented by the vehicle owner and the Department or other village employees, and shall make a finding based upon a preponderance of the evidence presented, as to the lawful authority for the towing and storage of the vehicle.
(c) For each hearing, the Hearing Officer shall complete a vehicle tow hearing decision and attach this decision to the Police Department's original vehicle towing report, and supply a copy of the vehicle tow hearing decision to the owner by personal delivery, if the owner is present, otherwise by mail.
(3) Findings of Vehicle Tow Hearing Officer. The Hearing Officer shall advise the owner of his findings at the conclusion of the hearing.
(a) If the towing and storage was authorized by law, and is not otherwise reimbursable, the owner shall be so informed.
(b) Should the towing or storage be found to be unauthorized or reimbursable, the Hearing Officer shall:
1. If the vehicle has been released to the owner:
a. Note the amount of the cash deposit or towing and storage fees prepared by the owner on the vehicle tow hearing decision.
b. Complete a printed voucher form for the amount to be reimbursed.
c. Transmit the decision and voucher form to the Chief of Police for his authorization for payment.
d. Advise the owner that a refund of the cash deposit or fees will be transmitted to the appropriate officials of the village for payment.
e. Transmit a copy of the hearing decision, along with the original voucher and original payment receipt to the Village Clerk within 48 hours of the hearing.
f. Unless the village files a lawsuit to contest the decision of the Hearing Officer, the owner shall be paid the money due within 28 days after the decision of Hearing Officer.
g. The village or the owner may contest the decision of the Hearing Officer in any manner provided by law.
2. If the vehicle is still in the possession of the towing company at the time of the hearing, the following procedure shall be followed: an order for the release of the vehicle shall be prepared in duplicate, and the owner shall be provided with the original, and a copy shall be attached to the vehicle tow hearing decision. Upon presentation by the owner to the towing company of the release, said vehicle shall immediately be released to the owner without payment of any service charge excused by the hearing decision.
(4) Records to be maintained. The vehicle tow hearing decision and towing reports shall be retained by the Police Department for a period of five years after each hearing.
(5) Towing companies. Notwithstanding any other provision of this code or statutory provisions to the contrary, any towing service operator authorized to perform tows on behalf of the village must perform its services subject to the provisions of this subchapter. However, the towing company shall have the right to recover from the village the reasonable value of its services for police ordered tows which are not due from the vehicle owner.
(Ord. 84-0-014, passed 6-12-84; Am. Ord. 2020-O-059, passed 9-15-20)