The hearing shall be conducted and held, unless affirmatively waived by the owner, or continued by the owner or by order of the hearing officer, no later than 45 days after the motor vehicle was seized, unless the motor vehicle was subject to unsuccessful forfeiture proceedings, in which case the hearing shall be conducted and held, unless affirmatively waived by the owner, or continued by the owner or by order of the hearing officer, no later than 45 days after the conclusion of the forfeiture proceedings. The hearing officer shall be an attorney licensed to practice law in the State of Illinois for a minimum of three years. All interested persons shall be given a reasonable opportunity to be heard at the hearing. At any time prior to the hearing date, the hearing officer may, at the request of either party, direct witnesses to appear and give testimony at the hearing. The formal rules of evidence will not apply at the hearing and hearsay evidence shall be admissible. If, after the hearing, the hearing officer determines by a preponderance of evidence that the motor vehicle, operated with the permission, express or implied, of the owner, was used in the commission of any of the violations set forth in this subchapter, and that none of the exceptions applies, the hearing officer shall enter an order finding the owner of record of the motor vehicle civilly liable to the city for an administrative fee in the amount as set forth above which shall constitute a debt due and owing to the city. If the owner of record fails to appear at the hearing, the hearing officer shall enter a default order finding the owner of record of the motor vehicle civilly liable to the city for an administrative fee in the amount as set forth above which shall constitute a debt due and owing to the city, and a copy of which default order shall be sent to the registered owner via certified mail, return receipt requested. If a cash bond has been posted the bond shall be applied. If a motor vehicle has been impounded when such administrative fee is imposed, the city may seek to obtain a judgment on the debt and enforce such judgment against the motor vehicle as provided by law. However, if the hearing officer finds that no such violation occurred, the hearing officer shall order the return of the motor vehicle or cash bond, but the owner shall be responsible for any towing and storage charges. All final decisions of the hearing officer shall be subject to review under the provisions of ILCS Ch. 735, Act 5, §§ 3-101 et seq., the Administrative Review Law.
(Ord. 2011-22, passed 12-19-2011)