§ 18-498. Unlicensed junk scavenger and vehicle impoundment.

A motor vehicle, operated with the permission, express or implied, of the owner of record, that is used in violation of this article is hereby declared a nuisance and shall be subject to seizure and impoundment under this section. The owner of record of such motor vehicle shall be liable to the village for a penalty of $500.00 in addition to fees for the towing and storage of the vehicle.

(1)

Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this section, the police officer shall provide for the towing of the vehicle to a facility controlled by the village or its agent. 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 owner's right to request a preliminary hearing to be conducted under this section. Said vehicle shall be impounded pending the completion of the hearing provided for in subsections (2) and (3) herein, unless the owner of the vehicle posts with the village a cash bond in the amount of $500.00 plus fees for the towing and storage for the vehicle.

(2)

Whenever the owner of a vehicle seized pursuant to this section requests a preliminary hearing within 24 hours after the seizure, a hearing officer designated by the village president shall conduct such preliminary hearing within 72 hours after said seizure. 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. If, after the hearing, the hearing officer determines that there is probably cause to believe that the vehicle, operated with the permission, express or implied of the owner, was used in the commission of any crime set forth in this section, the hearing officer shall order the continued impoundment of the vehicle as provided in this section unless the owner of the vehicle posts with the village a cash bond in the amount of $500.00 plus fees for the towing and storage of the vehicle. If the hearing officer determines that there is no such probable cause, the vehicle will be returned without penalty or other fees.

(3)

Within ten days after a vehicle is seized and impounded pursuant to this section, the village shall notify by certified mail, return receipt requested, the owner of record of the date, time and location of a final hearing that will be conducted pursuant to this section. The hearing shall be conducted no later than 45 days after the vehicle was seized. 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. If, after the hearing officer determines by a preponderance of evidence that the vehicle, operated with the permission, express or implied of the owner, was used in the commission of any violation set forth in this section, 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 the towing and storage of the vehicle. The penalty and fees shall be a debt due and owing to the village. However, if a cash bond has been posted, the bond shall be applied to the penalty. If the hearing officer determines that the vehicle was not used in connection with such violation, he or she shall order the return of the vehicle or cash bond.

(4)

Any motor vehicle that is not reclaimed within 30 days after the expiration of the time during which the owner of record may seek judicial review of the village's action under this section, or the time at which a final judgment is rendered in favor of the village, may be disposed or as an unclaimed vehicle as provided by law. As used in this section, the "owner of record" of a vehicle means the record title holder.

(Ord. No. 2008-29, § 4, 10-20-2008)