The following procedures shall be used in assessing any fees under this chapter:
(A) Hearing. The registered owner or his or her agent shall be afforded the opportunity for a hearing as described in ILCS Ch. 625, Act 5, § 11-208.3 and Chapter 39 of this code.
(B) Notice. The registered owner or his or her agent shall be notified as follows:
(1) Whenever a police officer has cause to believe that a motor vehicle is subject to impoundment, the officer shall provide for the towing of the vehicle to a facility authorized by the municipality.
(2) At the time the vehicle is towed, the municipality shall notify or make a reasonable attempt to notify the owner, lessee or person identifying himself or herself as the owner or lessee of the vehicle, or any person who is found to be in control of the vehicle at the time of the alleged offense, of the fact of the seizure, and of the vehicle owner's or lessee's right to an administrative hearing.
(3) The municipality shall also provide notice that the motor vehicle will remain impounded pending the completion of an administrative hearing, unless the owner or lessee of the vehicle or a lienholder posts with the municipality a bond equal to the administrative fee as provided by ordinance, and pays for all towing and storage charges.
(C) Form of notice. The notice required by division (B) hereinabove shall conform to the following regulations:
(1) It shall be served upon the 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) It shall be served upon interested parties within 10 days after a vehicle is impounded by the municipality; and
(3) It shall contain the date, time and location of the administrative hearing. An initial hearing shall be scheduled and convened no later than 45 days after the date of the mailing of the notice of hearing.
(D) Hearings. In addition to the general administrative procedures set forth in Chapter 39 of this code and ILCS Ch. 625, Act 5, § 11-208.3, the following specific procedures shall apply to vehicle towing and impoundment cases under this chapter:
(1) Administrative hearings shall be conducted by a hearing officer who is an attorney licensed to practice law in this state for a minimum of 3 years;
(2) At the conclusion of the administrative hearing, the hearing officer shall issue a written decision, either sustaining or overruling the vehicle impoundment;
(3) 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 municipality;
(4) All final decisions of the administrative hearing officer shall be subject to review under the provisions of the Administrative Review Law; and
(5) 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.
(E) Enforcement and appeal. Unless stayed by a court of competent jurisdiction, any fine, penalty or administrative fee imposed under this section that 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. 2011-O-20, passed 12-20-11)