§ 78.45 ADMINISTRATIVE HEARINGS.

   The following specific procedures shall apply to vehicle towing and impoundment cases under this chapter:

   (A)   Administrative hearings shall be conducted by a hearing officer who is an attorney licensed to practice law in this state for a minimum of three years;

   (B)   At the conclusion of the administrative hearing, the hearing officer shall issue a written decision either sustaining or overruling the vehicle impoundment;

   (C)   If the basis for the vehicle impoundment is sustained by the administrative hearing officer, any administrative fee posted to secure the release of the vehicle shall be forfeited to the county;

   (D)   All final decisions of the administrative hearing officer shall be subject to review under the provisions of the Administrative Review Law, ILCS Ch. 735, Act 5, § 3-101; and

   (E)   Unless the administrative hearing officer overturns the basis for the vehicle impoundment, no vehicle shall be released to the owner, lessee, or lienholder of record until all administrative fees and towing and storage charges are paid.

(Ord. 15-158, passed 5-21-2015)

§ 78.50 ENFORCEMENT OF FEE AND APPEAL.

   (A)   Unless stayed by a court of competent jurisdiction, any fine, penalty, or administrative fee imposed under this section, 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.

   (B)   In addition, the county recognizes the authority of the Circuit Court to equitably award an appropriate refund of fees.

(Ord. 15-158, passed 5-21-2015)

§ 78.55 ADMINISTRATIVE REVIEW.

   Any owner of record, lienholder or other person with a legal interest in the motor vehicle, shall have the right to appeal the decision of the hearing officer to the Circuit Court of Will County, Illinois, pursuant to the Administrative Review Law, ILCS Ch. 735, Act 5, §§ 3-101, et seq., as amended.

(Ord. 15-158, passed 5-21-2015)

§ 78.60 ABANDONMENT.

   Vehicles not retrieved from the towing facility or storage facility within 35 days after the administrative hearing officer issues a written decision shall be deemed abandoned and disposed of in accordance with the provisions of Article II of Chapter 4 of the Illinois Vehicle Code (ILCS Ch. 625, Act 5, §§ 4-201, et seq.).

(Ord. 15-158, passed 5-21-2015)

§ 78.65 USE OF FEES COLLECTED.

   All fees collected will be deposited into the Capital Fund, #304, and credited to a revenue line identified for the administrative towing fee. The fees collected will be appropriated to offset the administrative and processing costs associated with the investigation, arrest, and detention of an offender, or the removal impoundment, storage, and release of vehicles.

(Ord. 15-158, passed 5-21-2015)