A. Opportunity For Hearing: The owner of a vehicle towed as an immediate tow, by or pursuant to the authority of the police department as set forth herein, shall be provided the opportunity for a posttow hearing to determine the validity of such tow. The hearing will not be determinative of, or adjudicate, any citation issued relative to any towed vehicle.
B. Appointment Of Hearing Officer And Nature Of The Hearing: The nature of the hearing and the appointment of the hearing officer shall be the same as set forth in section 6-10-8 of this chapter.
C. Conduct Of Posttow Hearings: The hearing officer shall review all evidence presented by the vehicle owner and the police department or other village employees, and shall make a finding in writing based upon the preponderance of the evidence presented, as to the lawful authority for the towing and storage of the vehicle.
D. Posttow Hearing Decision: For each hearing, the hearing officer shall complete a posttow hearing decision and attach such decision to the police department's original vehicle towing report, and supply a copy of the decision to the owner by personal delivery if the owner is present, otherwise by mail within seven (7) days of the hearing.
E. Decision To Tow Justified: If the preponderance of the evidence supports towing and compliance with the provisions of this chapter, the hearing officer shall direct that the tow was justified and towing and storage costs be imposed upon the owner thereof.
F. Decision To Tow Unjustified: If the preponderance of the evidence fails to support towing of the vehicle then the hearing officer may find the village responsible for towing and storage fees.
G. Reports And Documents To Be Retained; Contesting Decisions: All originals or copies of the notices, posttow hearing decisions, towing reports, and any associated police reports or documents shall be retained by the police department for a period of at least five (5) years after each hearing, or after each tow if no hearing was requested or held. The village or the owner may contest the decision of the hearing officer in any manner provided by law. (Ord. 2014-45, 7-24-2014, eff. 9-1-2014)