A. A hearing on the lawfulness of the impoundment shall be conducted by a hearing officer no later than forty five (45) days after the date of the mailing of the notice of hearing.
B. All interested persons shall be given a reasonable opportunity to be heard at the hearing. Persons appearing at the hearing may be represented by counsel at their expense.
C. Any sworn or affirmed report prepared in the performance of a law enforcement officer's duties that sufficiently describes the circumstances leading to the seizure, tow and impoundment shall be admissible prima facie evidence of probable cause and the vehicle owner's liability, unless rebutted by clear and convincing evidence.
D. The hearing shall be recorded. The formal rules of evidence shall not apply at said hearing, and hearsay evidence shall be allowed and admissible. The hearing officer is empowered to administer oaths and to secure by subpoena both the attendance and testimony of witnesses and the production of relevant books and papers.
E. If after the hearing, the hearing officer determines, by a preponderance of the evidence, that the vehicle was subject to seizure, tow and impoundment under this chapter, the hearing officer shall enter an order finding the owner of the vehicle civilly liable to the village for the administrative fee. Any cash bond posted to secure the release of the vehicle shall be applied to the fee.
F. If after the hearing, the hearing officer finds that there was no probable cause to determine the vehicle was subject to seizure, tow and impoundment, the owner may secure the release of the vehicle without the payment of any tow or storage fees or administrative fee.
G. If the owner fails to appear at the hearing, the hearing officer may enter a default order for the amount of the administrative fee against the owner.
H. Any vehicle still impounded after the administrative hearing may not be released without payment of the applicable administrative fee.
I. All final decisions of the hearing officer shall be subject to review under the provisions of the administrative review law 1 .
J. Unless stayed by a court of competent jurisdiction, any administrative fee imposed hereunder 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. (Ord. 2014-45, 7-24-2014, eff. 9-1-2014)
Notes
| 1 | 1. 735 ILCS 5/3-101 et seq. |