§ 70-92. Probable cause; procedure.

(a)

Probable cause; impoundment. If a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this Article, the police officer shall provide for the towing of the vehicle by a towing company on the Village Towing List.

(b)

Notice. When the vehicle is towed, the police officer shall notify the person who is found to be in control of the vehicle at the time of the alleged violation, if there is such a person, of the fact of the seizure and of the vehicle's owner of record's right to request a preliminary hearing to be conducted under this Article.

(c)

Waiver of preliminary hearing; administrative fee. The preliminary hearing may be waived and the vehicle released, by payment to the Village Police Department of an administrative fee in the amount of $500.00, plus fees for towing and storing the vehicle.

(d)

Request for preliminary hearing. If the owner of record of a vehicle seized pursuant to this Article wishes to have a preliminary hearing on probable cause, the owner of record must request such a hearing by hand delivering a written request to the Village Police Department within 12 hours after the seizure and pay [a] $150.00 fee for the hearing officer.

(e)

Preliminary hearing; evidence. If a preliminary hearing on probable cause is properly requested, a hearing officer shall conduct such a preliminary hearing within 72 hours after the seizure, excluding Saturdays, Sundays and holidays. The vehicle seized shall remain impounded pending the outcome of the preliminary hearing. All interested persons shall be given a reasonable opportunity to be heard at the preliminary hearing. The formal rules of evidence will not apply at the hearing, and hearsay evidence shall be admissible.

(f)

Determination of probable cause. If, after the hearing, the hearing officer determines that there is probable cause to believe that the vehicle was used in the commission of any offense described in Section 70-91, the hearing officer shall order the continued impoundment of the vehicle unless the owner of record:

(1)

Posts with the Village Police Department a cash bond in the amount of the administrative fee of $500.00 and pays the Village for any storage costs; and

(2)

Pays the towing company for any fees owed to the towing company and surrenders the $150.00 fee for the hearing officer. If the hearing officer determines that there is no such probable cause or that the vehicle is not eligible for impoundment pursuant to this Article, the vehicle will be returned without penalty or other fees and the $150.00 hearing officer fee will be returned, and the Village will be responsible for the payment of any fees owed to the towing company and the hearing officer.

(g)

Notice of right to request final hearing. Within ten days after a vehicle is seized and impounded pursuant to this Article, the Village shall notify by certified mail, return receipt requested, the owner of record at his last known address (as indicated by the vehicle's registration) of the owner's right to request a hearing to determine whether the owner's vehicle was eligible for seizure and impoundment due to the commission of one of the offenses set forth in this Article (the final hearing). However, no such notice need be sent to the owner of record if the owner is personally served with the notice within ten days after the vehicle is impounded, and the owner acknowledges receipt of the notice in writing. The notice shall state the penalties that may be imposed if no hearing is requested, including waiver of the right to contest the eligibility of the seizure and impoundment of a vehicle, and that any vehicle not released due to the nonpayment of the $500.00 administrative fee, fees for towing and storage, and the hearing officer fee, may be sold or disposed of by the Village in accordance with applicable law.

(h)

Request for final hearing. The owner of record of a vehicle seized and impounded pursuant to this Article has the right to a final hearing before a hearing officer to determine if the owner's vehicle was eligible for seizure and impoundment for the commission of one of the offenses set forth in this Article. The owner of record seeking such a hearing must file a written request for a hearing with the Village Police Department no later than 15 days after the notice to the owner of record was mailed by or otherwise received from the Village pursuant to this Article.

(i)

Final hearing; evidence. The hearing shall be scheduled and held, unless continued by order of the hearing officer, no later than 45 days after the request for a hearing has been filed. All interested persons shall be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence will not apply at the hearing and hearsay evidence shall be admissible.

(j)

Final order. If, after the hearing, the hearing officer determines by a preponderance of the evidence that the vehicle was used in the commission of any of the offenses set forth in this Article, the hearing officer shall enter an order requiring the vehicle to continue to be impounded until the owner pays a penalty of $500.00 plus fees for towing and storage of the vehicle. The penalty and fees shall be a debt due and owing the Village. However, if the administrative fee has been paid or cash bond has been posted, the fee/bond shall be applied to the penalty. If the hearing officer determines that the vehicle was not used in the commission of any of the offenses set forth in this Article, or that the vehicle was ineligible for impoundment, the hearing officer shall enter an order requiring:

(1)

The return of the vehicle, if still impounded, with the Village responsible for any fees owed to the towing company and the hearing officer; or

(2)

The return of the administrative fee or cash bond along with reimbursement by the Village for any fees paid to the towing company.

(Ord. No. 1453, § 4(a)—(d), 1-12-2006; Ord. No. 1631, §§ 2—5, 11-11-2010)