§ 2-402. Immobilization program.

(a)

The code administrator is hereby authorized to direct and supervise a program of vehicle immobilization for the purpose of enforcing the parking regulations of the code. The program of vehicle immobilization shall provide for immobilizing any eligible vehicle, as defined in subsection (c) of this section, by placement of a restraint in such a manner as to prevent its operation.

(b)

If the eligible vehicle is parked or left in violation of any provision of the traffic code for which such vehicle is subject to an immediate tow, or in any place where it constitutes an obstruction or hazard, or where it impedes village workers during such operations as snow removal, the code administrator may cause the eligible vehicle to be towed to a vehicle pound or relocated to a legal parking place and there restrained.

(c)

When the registered owner of a vehicle has accumulated five or more final determinations of parking violation liability for which all of the fines and penalties, if applicable, have not been paid in full, at the time of, or after, notice is sent as provided in subsection (g) of this section, the code administrator shall cause a notice of impending vehicle immobilization to be sent as prescribed in this article. The notice of impending vehicle immobilization shall state the name and address of the registered owner, the state registration number of the vehicle or vehicles registered to such owner, and the serial numbers of parking violation notices which have resulted in final determination of liability for which the fines or penalties remain unpaid. Failure to pay all of the outstanding fines and penalties owed within 21 days from the date of the notice will result in the inclusion of the state registration number of the vehicle or vehicles of such owner on an immobilization list. A person may challenge the validity of the notice of impending vehicle immobilization by requesting a hearing and appearing in person to submit evidence which would conclusively disprove liability. Upon a request for a hearing, the code administrator shall schedule the hearing for the next regular hearing date. Documentary evidence which would conclusively disprove liability shall be based on the following grounds:

(1)

That all fines and penalties for the parking violations cited in the notice have been paid in full; or

(2)

That the registered owner has not accumulated five or more final determinations of parking violation liability which were unpaid at the time the notice of impending vehicle immobilization was issued.

(d)

Upon immobilization of an eligible vehicle, a notice shall be affixed to the vehicle in a conspicuous place. Such notice shall warn that the vehicle is immobilized and that any attempt to move the vehicle may result in its damage. The notice shall also state that the unauthorized removal of or damage to the immobilizing restraint is a violation of sections 16-1 and 21-1 of the Illinois Criminal Code (720 ILCS 5/16-1 et seq., 720 ILCS 5/21-1 et seq.). The notice shall also provide information specifying how release of the immobilizing restraint may be had, and how the registered owner may obtain an immobilization hearing. If the restraint has not been released within 24 hours of its placement, the restraint shall be released and the vehicle towed and impounded.

(e)

The owner of an immobilized vehicle or other authorized person may secure the release of the vehicle by paying the immobilization, towing and storage fees provided in subsection (h) of this section, and all fines and penalties remaining due on each final determination of parking violation liability issued to such person.

(f)

The owner of an immobilized vehicle shall have the right to a hearing to determine whether the immobilization or any subsequent towing and impoundment was erroneous, if the owner files a written request for a hearing with the code administrator within 14 days after immobilization or 14 days of the date of the notice sent pursuant to subsection (g) of this section, whichever is later. The determination of the hearing officer regarding the validity of the immobilization shall become final for the purpose of judicial review under the Administrative Review Law of Illinois upon issuance.

(g)

Within ten days after a vehicle has been impounded, a notice of impoundment shall be sent by first class mail, to the address of the registered owner as listed with the secretary of state. The notice shall state that the owner has the right to request a post-immobilization and post-towing hearing as provided in subsection (f) of this section, and that if the vehicle is not claimed within 30 days from the date of the notice, the vehicle may be sold or otherwise disposed of in accordance with 625 ILCS 5/4-208.

(h)

The fee for immobilization shall be $100.00. In addition, a fee for towing subsequent to the immobilization and a storage fee for every 24-hour period the vehicle is retained shall be assessed. No fees shall be assessed for any immobilization or tow which has been determined to be erroneous.

(i)

It shall be unlawful to relocate or tow any vehicle restrained by an immobilization device without the approval of the code administrator or designee. The registered owner of the immobilized vehicle and any person who relocates an immobilized vehicle in violation of this subsection shall each be subject to a penalty as set forth in section 1-8 for such violation.