A. An impounded vehicle may be released pending the completion of an administrative hearing if the registered owner or lessee of the vehicle or a lienholder of record posts with the City a bond equal to the administrative fee as provided by this chapter and pays for all towing and storage charges or waives the right to a hearing and pays the administrative fees as provided by this section and pays for all towing and storage charges.
B. The City shall provide the registered owner or lessee of the vehicle and any lienholder of record notice of the administrative hearing. The notice shall:
1. Be served upon the registered owner, lessee, and any lienholder of record either by personal service or by first class mail to the interested party's address as registered with the Secretary of State;
2. Be served upon interested parties within ten (10) days after a vehicle is impounded by the City; and
3. Set forth the date, time, and location of the administrative hearing. An initial hearing, unless waived, shall be scheduled and convened no later than forty five (45) days after the date of the mailing of the notice of hearing.
C. The hearing shall be conducted by a Hearing Officer who is an attorney licensed to practice law in Illinois for a minimum of three (3) years.
D. At the conclusion of the administrative hearing, the Hearing Officer shall issue a written decision either sustaining or overruling the vehicle impoundment.
E. If the basis for the vehicle impoundment is sustained by the Administrative Hearing Officer:
1. Any administrative fee posted to secure the release of the vehicle shall be forfeited to the City; and
2. No vehicle shall be released to the registered owner, lessee, or lienholder of record until the administrative fee and all towing and storage charges are paid.
F. All final decisions of the Administrative Hearing Officer shall be subject to review under the provisions of the Administrative Review Law 1 and shall be commenced by filing an action in the Circuit Court of the Tenth Judicial Circuit, Marshall County, Illinois, in accordance with section 3-104 of the Code of Civil Procedure 2 .
G. Unless stayed by a court of competent jurisdiction, any administrative fee imposed under this chapter or towing and storage which remains unpaid in whole or in part after the expiration of the deadline for seeking judicial review under the Administrative Review Law may be enforced in the same manner as a judgment entered by a court of competent jurisdiction. (Ord. 2018-2-13, 2-12-2018)
Notes
| 1 | 1. 735 ILCS 5/3-101 et seq. |
| 2 | 1. 735 ILCS 5/3-104. |