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(A) 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 for the 22nd Judicial Circuit, McHenry County, Illinois, pursuant to the Administrative Review Act, 735 ILCS 5/3-101 et seq., as amended. Any respondent seeking review of a final decision shall be required to reimburse the village for the costs of preparing and certifying the record of proceedings. Failure of the respondent to reimburse the village shall be grounds for the dismissal of a complaint for administrative review pursuant to 735 ILCS 5/3-109. In the event the reviewing court reverses the findings, decision and order of the Administrative Law Judge, the village will reimburse the respondent for the costs for preparing and certifying the record of proceedings.
(B) A finding of “not guilty” following a trial in the 22nd Judicial Circuit Court for the underlying violation wherein the motor vehicle as impounded shall entitle the owner of record to a full and complete refund of any administrative fee imposed under this subchapter. However, the owner of record must request the refund in writing and shall include in the request a certified disposition of “not guilty” following a trial from the Circuit Clerk. An order of dismissal or a negotiated disposition on the underlying charge(s) shall not result in a refund of the administrative fee.
(Ord. 389, passed 7-3-2013)