§ 93.07 APPEALS AND PROCEDURE.
   In the event that any person receiving a notice under this subchapter desires to appeal the determination that such vehicle constitutes an inoperable motor vehicle, then such an individual must tender an appeal to the Police Department within 21 days of the issuance of such notice. Failure to timely file the appeal shall constitute a waiver of such appeal and allow for removal as provided under this subchapter. In the event that a timely appeal is made, such appeal shall be tendered to the Police Chief at the Village Hall who shall consider all matters contained in the appeal and make a determination. In the event that the Police Chief determines that the appellant’s appeal has basis, the Police Chief shall be authorized to overturn the finding of inoperable motor vehicle and the notice and any claim for fine shall be deemed terminated. In the event that the Police Chief upholds the original finding and declines appellant’s appeal, the Police Chief shall do so in writing to the appellant to be mailed to the appellant by first class mail to the appellant’s last known address. The appellant shall have seven days from the date of mailing of such decision to file an appeal of the Police Chief’s decision to the Board of Trustees. To the extent that the Board of Trustees receives such an appeal, the President of the Board of Trustees shall set a time for consideration of the appeal at a public meeting and will provide the appellant at least seven days’ notice of such date, place, and time to be mailed by regular mail to the appellant’s last known address. The Board of Trustees shall consider the original termination, any information to be provided by its Police Department, and any information to be provided by the appellant and those attending the public meeting. Upon consideration of all matters, the Board of Trustees shall either uphold the decision of the Police Chief regarding the original appeal or overturn the decision resulting in the termination of the initial notice. The purpose of any appeal shall be to consider whether or not the original notice was properly issued consistent with this subchapter and/or whether or not the appellant complied with the notice consistent with this subchapter and/or whether or not the appellant was in compliance with this subchapter at the time of notice.
(Ord. 01-5, passed 5-15-2001)