(A) Upon the failure of the owner of any property to comply with the notice to remove and dispose of any junked or disabled motor vehicle or any body, part, equipment, motor or material thereof within 48 hours of the service of notice, the village may proceed to remove and dispose of any junked or disabled motor vehicle or any body, part, equipment, motor and material thereof.
(B) Upon the seizure and/or towing of any junked or disabled motor vehicle or any body, part, equipment, motor or material thereof, the owner of said property shall be afforded a prompt post-seizure hearing before the village’s Attorney, or his or her designated representative, at which hearing the owner will have an opportunity to contest the seizure and/or tow, prior to the disposal thereof. Further, the village must make a showing of probable cause for said seizure prior to the disposal or demolition of said property. Should the Village Attorney, or his or her designated representative, determine that the seizure of said property was without probable cause, the property shall be returned to the owner thereof; otherwise, the village may proceed to dispose of the property; provided, however, at the time of the hearing, the Village Attorney or his or her designated representative is empowered or authorized, after consultation with the Chief of Police or the Code Enforcement Officer, as the case may be, to make any suitable disposition of the property other than the sale or demolition thereof.
(Prior Code, § 95.06) (Ord. 89-103, passed 7-24-1989)