A. Any motor vehicle whose registered owner has been determined to be liable for five (5) or more vehicular standing, parking, compliance regulation or automated traffic law violations, for which the fines or penalties assessed remain unpaid, may be immobilized or towed and impounded if:
1. The traffic compliance officer has determined that a person has been determined to be liable for five (5) or more vehicular standing, parking, compliance regulation or automated traffic law violations, the fines or penalties for which remain unpaid.
2. The person determined to be liable for five (5) or more violations is the registered owner of a motor vehicle located within the village geographical boundaries.
3. A pretowing notice has been sent to the registered owner of the motor vehicle located within the geographical boundaries of the village which contains, but shall not be limited to, the following:
a. That a final determination has been made on five (5) or more vehicular standing, parking, compliance regulation or automated traffic law violations, the fines and penalties for which remain unpaid.
b. A listing of the violations for which the person has been determined to be liable, which shall include for each violation:
(1) The vehicular standing, parking, compliance regulation or automated traffic law violation notice number.
(2) Date of issuance.
(3) Total amount of fine(s) and penalty(ies) assessed.
c. That the motor vehicle(s) owned by the person and located within the village is subject to immobilization and/or towing and impoundment if the fines and penalties are not paid within fourteen (14) days of the date of the notice.
d. That the registered owner may contest the validity of the notice by fully completing and signing the request for hearing portion of one notice and by filing the request for hearing with the traffic compliance officer within, but not later than, fourteen (14) days of the date of the notice. The request for hearing shall be deemed filed upon receipt by the traffic compliance officer.
4. The registered owner of the motor vehicle(s) to whom notice is sent has failed to make payment of the fines or penalties as specified in the notice and no timely request for hearing has been filed with the traffic compliance officer to contest the validity of the notice.
5. Upon the receipt of the request for hearing to contest the validity of the notice of impending immobilization or towing and impoundment, the traffic compliance officer shall schedule an administrative hearing to contest the validity of said notice, by disproving liability for the unpaid final determinations of parking, standing, compliance regulation or automated traffic law violation liability listed on the notice, on the next available hearing date, but in no case shall the hearing be scheduled later than sixty (60) days after the request for hearing is filed.
a. The traffic compliance officer shall serve notice of the hearing date upon the registered owner.
b. Notice shall be sent by first class mail, postage prepaid, to the address as is set forth on the request for hearing.
c. Service of the notice shall be complete on the date it is placed in the United States mail.
B. The registered owner of a vehicle(s) immobilized or towed and impounded under this section shall have the right to a prompt administrative hearing without the requirement of payment of outstanding fines and penalties for which final determination has been made.
1. The traffic compliance officer shall serve a posttowing notice upon the registered owner of a vehicle immobilized or towed and impounded under this section which notice shall contain, but not be limited to, the following information:
a. Date of immobilization or towing and date of impoundment.
b. Location of vehicle.
c. That the vehicle was immobilized under this section for nonpayment of fines or penalties assessed for the violation of five (5) or more violations of vehicular standing, parking, compliance regulation(s) or automated traffic law violations for which the registered owner has been determined liable and notified of impending immobilization or towing and impoundment.
d. Date of notice of impending immobilization or towing and impoundment.
e. That the registered owner may contest the validity of the immobilization or towing and impoundment by completing and signing the request for hearing portion of the notice and filing the request for hearing with the traffic compliance officer within, but not later than, fourteen (14) days of the date of the notice which shall be deemed filed upon receipt by the traffic compliance officer.
2. Upon the receipt of the request for hearing to contest the validity of the immobilization or towing and impoundment, the traffic compliance officer shall schedule an administrative hearing to contest the validity of the immobilization or towing and impoundment on the next available hearing date or if sooner scheduled by the traffic compliance officer for good cause shown, but in no case shall the hearing be scheduled later than sixty (60) days after the request for hearing is filed.
a. The traffic compliance officer shall serve notice of the hearing date upon the registered owner.
b. Notice shall be sent by first class mail, postage prepaid, to the address as is set forth on the request for hearing.
c. Service of the notice shall be complete on the date it is placed in the United States mail.
3. An order entered after the hearing to contest the validity of the immobilization or towing and impoundment is a final administrative decision within the meaning of 735 Illinois Compiled Statutes 5/3-101 et seq., incorporated herein by reference.
C. A vehicle impounded pursuant to this section shall be released to the registered owner thereof, or his agent, upon payment of the fines and penalties due and owing the village as specified in the notice sent in accordance with subsection A3 of this section and the payment of towing charges and accrued daily impound charges or upon order of the hearing officer following the hearing contesting the validity of the impoundment.
D. The traffic compliance officer shall appoint or retain the services of an individual agency or company to tow and impound vehicles in accordance herewith, provided:
1. The individual, agency or company is fully licensed according to local and state law.
2. The individual, agency or company is fully insured.
3. The individual, agency or company has available a secured impound area within which to retain vehicles impounded hereunder. For the purpose of this section, a "secured area" shall mean an area bounded by a fence, chainlink or otherwise, of a sufficient height and with locking gates so as to minimize or prevent unauthorized entry into the impounded vehicles. (Ord. 09-2536, 4-27-2009)