(A) Pre-tow notice for abandoned vehicles.
(1) Notice pursuant to this division shall be personally delivered to the owner of the vehicle or shall be forwarded by registered mail, return receipt requested, to the address of the owner of the vehicle as indicated in the most current registration list of the Secretary of State.
(2) In the event that an out-of-state vehicle is proposed to be towed, inquiry shall be made of the Secretary of State of the particular jurisdiction for the furnishing of the most current registered name and address of the owner of the vehicle, and notice shall be mailed as provided herein to the address furnished. In no case will the village be required to delay towing more than seven days after the date of the mailing of the notice if no request for a hearing has been received within that seven-day period.
(3) A notice of intent to tow sticker with the earliest date upon which the tow may take place and the address and phone number of the Police Department shall be placed on the vehicle.
(B) Pre-tow hearing procedures.
(1) The owner or person entitled to possession of a vehicle, to be towed as an abandoned vehicle, shall have seven days after the date of mailing or personal delivery of the notice to request, in writing, a pre-tow hearing. Subsequent to this seven-day period, the vehicle may be towed. If the owner has not filed a written request for a hearing within the seven-day period, the hearing provisions of this subchapter will be deemed waived.
(2) Requests for a pre-tow hearing are to be made in writing or in person to the office indicated on the notice, with hearings to be scheduled at some time prior to towing. Forms for the requests shall be made available at the Police Department. The pre-tow hearing shall be scheduled for a date within 14 days of the mailing or personal delivery of the pre-tow notice and the village shall not be required to delay towing longer than the 14-day period.
(3) The Mayor shall choose an officer or employee of the village to serve as Hearing Officer. In no case shall that Hearing Officer be an individual who was involved in the initial decision to tow this vehicle.
(4) The hearing shall be informal in nature and the rules of evidence shall not apply. After receiving all relevant evidence, the Hearing Officer shall make a written decision as to whether towing of the vehicle is authorized by the laws of the state or the ordinances of the village. The owner shall be provided a copy of the pre-tow hearing decision. In the event that the evidence supports towing and compliance with the provisions of this subchapter, the Hearing Officer shall authorize that the vehicle be towed, with any towing and storage costs to then be imposed upon the owner thereof. The owner of the vehicle having had such a hearing may avoid the towing by immediately removing the vehicle from the improper location to a proper, lawful location and correcting any unlawful condition of the vehicle.
(5) In the event that a pre-tow notice is not received by the owner of the vehicle, post-tow hearing procedures are available, upon request of the owner as provided in § 90.22.
(6) Where the evidence fails to support towing or immobilization of the vehicle, the Hearing Officer shall direct that the vehicle shall not be towed. The village shall furnish a copy of the decision to the owner. No vehicle about which the decision has been rendered shall be towed by the village unless the circumstances under which the decision was rendered have changed. If at some subsequent time the village should wish to tow the vehicle from the same location, it shall follow the same procedures required for the towing of any other similarly situated vehicle.
(Ord. 84-0-014, passed 6-12-84)