CHAPTER 101
 SEIZURE AND IMPOUNDING OF VEHICLES

 

101.001  Definitions

101.002  Vehicles subject to seizure and impounding

101.003  Seizure and impounding of vehicles

101.004  Posting of bond

101.005  Preliminary hearing

101.006  Final hearing

101.007  Unclaimed vehicles

101.008  Liability for penalty and costs

101.009  Conduct of hearings

101.010  Hearing officer

§ 101.001 DEFINITIONS

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

  1. The term "Controlled Substance" means any substance as defined and included in the schedule contained in Article II of the Illinois Controlled Substance Act (720 ILCS 570/201 et. seq.), as amended from time to time, and cannabis as defined in §1 of the Cannabis Control Act (720 ILCS 550/1 et. seq.), as amended from time to time. 
  2. The term "Drug Paraphernalia" means any equipment, product, and/or materials as defined in §2 of the Drug Paraphernalia Act (720 ILCS 600/2), as amended from time to time. 
  3. The term "Driving Under the Influence" means any violation as defined in §11-501 of the Illinois Vehicle Code (625 ILCS 5/11-501), as amended from time to time. 
  4. The term "Driving While License, Permit or Privilege to Operate a Motor Vehicle is Suspended or Revoked" means any violation as defined in §6-303 of the Illinois Vehicle Code (625 ILCS 5/6-303), as amended from time to time. 
  5. The term "Hearing Officer" means a licenses attorney who is not an officer or employee of the City. 
  6. The term "Operation of a Motor Vehicle without a Valid Driver's License" means a violation of §6-101 and/or §6-303 of the Illinois Vehicle Code, as amended from time to time (625 ILCS 5/6-101 and 625 ILCS 5/6-303), as amended from time to time, where the driver's license or driving privileges have been suspended, revoked, canceled, never obtained, or previously had been obtained and have been expired for not less than six (6) months. 
  7. The term "Owner of Record" means the record title holder to a motor vehicle. 
  8. The term "Unlawful Use of Weapons" means a violation of §24-1 of the Criminal Code of 1961 (720 ILCS 5/24-1 et. seq.), as amended from time to time.

 § 101.002 VEHICLES SUBJECT TO SEIZURE AND IMPOUNDING.

A motor vehicle shall be subject to seizure and impoundment under this Chapter where such motor vehicle is used in any of the following:

  1. the possession or delivery of a Controlled Substance or Drug Paraphernalia; 
  2. Driving Under the Influence; 
  3. Driving While License, Permit or Privilege to Operate a Motor Vehicle is Suspended or Revoked; 
  4. Operation of a Motor Vehicle without a valid Driver's License; 
  5. the Unlawful Use of Weapons. 

§ 101.003 SEIZURE AND IMPOUNDING OF VEHICLES

Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this Chapter, the police officer shall cause the motor vehicle to be towed to a facility controlled by the City or its agents. When the vehicle is towed, the police officer shall notify any person identifying himself or herself as the owner of the vehicle or any 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 as provided in this Chapter.

§ 101.004 POSTING OF BOND

If a bond in the amount of Five Hundred Dollars ($500.00) is posted with the City, the impounded vehicle will be released to the owner of record, upon the payment by the owner of record of the towing and storage costs. If a penalty is imposed for a violation of this Chapter, the bond will be forfeited to the City; provided, in the event that a violation of this Chapter is not proven, the bond will be returned to the person posting the bond. All bond money posted pursuant to this Chapter will be held by the City until the hearing officer issues a decision, or, if there is a judicial review, until the court issues its final decision.

§ 101.005 PRELIMINARY HEARING

The owner of a motor vehicle seized under the provision of this Chapter who has failed or refused to post the bond set forth above, may request a preliminary hearing to contest whether the police officer had probable cause to believe the vehicle was being used in violation of this Chapter, by filing with the Chief of Police, within twelve (12) hours after the seizure of the motor vehicle, a written demand for a preliminary hearing. If such written demand is timely filed, a hearing officer of the City shall conduct a preliminary hearing within twenty-four (24) hours after the request for preliminary hearing is received by the City; provided that if the date for the hearing falls on a Saturday, Sunday or legal holiday, the preliminary hearing will be held on the next business day following the Saturday, Sunday or legal holiday. For purposes of this Section, the following shall apply:

  1. All interested persons will be given a reasonable opportunity to be heard at the preliminary hearing.
  2. The formal rules of evidence will not apply at the hearing, and hearsay testimony will be allowed, and will be admissible. 
  3. The sole issue for determination by the hearing officer at the preliminary hearing shall be whether the police officer had probable cause, at the time of the arrest and/or impoundment, to believe the vehicle was used as hereinabove provided in §101.002.
  4. If, after the conclusion of the hearing, the hearing officer determines the police officer had probable cause at the time of the impoundment to believe that the vehicle was used as hereinabove provided in §101.002, the hearing officer shall order the continued impoundment of the vehicle until a final hearing is held, unless the owner of the vehicle posts a cash bond with the City in the amount of Five Hundred Dollars ($500.00), plus the towing and storage costs, and shall then set the time and date for a final hearing.
  5. If the hearing officer determines that the police officer did not, at the time of the arrest and/or impoundment, have probable cause to believe that the vehicle was used as hereinabove provided in §101.002, the motor vehicle will be returned to the owner of record of the vehicle without any penalty or other costs.
  6. If the hearing officer determines, during the course of the preliminary hearing, that it is appropriate to convert the preliminary hearing into a final hearing, the hearing officer may do so by advising the interested person(s) present at the preliminary hearing, provided that upon the conversion to a final hearing, the hearing officer may grant only such relief and/or remedies as may be available under §101.006.

(Am. Ord. 2815, passed 1-5-09; Am. Ord. 2836, passed 6-15-09)

§ 101.006 FINAL HEARING

  1. Notice of Hearing. Within ten (10) days after a vehicle is seized and impounded pursuant to this Chapter, the City shall notify the owner of record of the motor vehicle of the date, time and location of a hearing. Such notice shall be mailed by certified mail, return receipt requested, to the owner of record, as shown on the records of the Illinois Secretary of State. However, no such Notice of Hearing need to be sent to the Owner of Record if the owner is personally served with the Notice of Hearing within ten (10) days after the vehicle is seized and impounded, and the owner acknowledges receipt fo the Notice of Hearing in writing. The Notice of Hearing sal state the penalties that may be imposed at the Final Hearing, including a statement that a vehicle not released by payment of the penalty and fees and remaining impounded may be sold or disposed of by the City in accordance with state law.
  2. Hearing. For purposes of this Section, the following shall apply to the owner's hearing: 
  1. Unless continued by order of the hearing officer, the hearing shall be held within thirty (30) days after the motor vehicle was seized. 
  2. All interested persons will be given a reasonable opportunity to be heard at the preliminary hearing, subject to the control of the hearing by the hearing officer. 
  3. If, after the conclusion of the hearing, the hearing officer determines by a preponderance of the evidence that the vehicle was used as hereinabove provided in §101.002, the hearing officer shall order the continued impoundment of the vehicle until the owner of the vehicle pays to the City a penalty in the amount of Five Hundred Dollars ($500.00), and payment of the towing and storage costs to the towing service. The penalty shall be a debt due to the City. The towing and storage fees shall be a debt of the owner due and owing to the tow service, provided that if the City pays the tow and storage fees, the amount actually paid by the City shall be a debt of the owner due and owing to the City. 
  4. If the owner of record fails to appear at the hearing, the hearing officer shall enter an order of default in favor of the City, which order shall require the payment to the City of an administrative penalty of Five Hundred Dollars ($500.00). 
  5. If the hearing officer determines that the vehicle was not used as hereinabove provided in § 101.002, the motor vehicle will be returned to the owner of record of the vehicle without any penalty, or, if a cash bond had previously been posted, the cash bond shall be returned. Provided that, unless the hearing officer makes a fmding that the actions of the arresting and/or impounding officer were wrongful, the owner of record shall remain responsible for any towing and storage fees regardless of whether the hearing officer determines it is appropriate to return the vehicle or cash bond.

(Am. Ord. 2686; passed 8-7-06; Am. Ord. 2815, passed 1-5-09)

§ 101.007 UNCLAIMED VEHICLES

  1. Any motor vehicle that is not claimed within thirty (30) days after the expiration of the time in which the owner of record may seek judicial review of the action of the City under this Chapter, or the time at which a final judgment is rendered in favor the City by a Court, or the time at which a final administrative decision is rendered against an owner of record who is in default, may be disposed of as an abandoned or unclaimed vehicle, as otherwise provided by law. 
  2. If the penalty and towing and storage costs are not paid within Eighty (80) days after a penalty is imposed pursuant to this Chapter, the vehicle shall be deemed to be abandoned and may be disposed of in the manner provided by law for the disposition of abandoned or unclaimed vehicles, unless a petition for judicial review is filed with a court of proper jurisdiction. Where a petition for judicial review of the hearing officer's determination is filed and pending in a court of proper jurisdiction, the vehicle shall not be deemed to be abandoned and shall not be sold. If the petition for judicial review is resolved in favor of the City, the vehicle shall be deemed abandoned and may be disposed of by the City if the penalty and towing and storage costs are not paid within thirty (30) days after the date of the Court's order.

§ 101.008 LIABILITY FOR PENALTY AND COSTS

  1. The owner of record of a motor vehicle that is seized or impounded shall be liable to the City for a penalty of Five Hundred Dollars ($500.00) in addition to being liable to the towing service provider for any fees for the towing and storage of the motor vehicle. 
  2. Fees for towing and storage are established by the towing company, and not by the City, except where the motor vehicle is stored on City property, in which case the storage cost will be established by the City Administrator or the Chief of Police. 
  3. A vehicle impounded pursuant to this Chapter shall remain impounded until the earlier of the following to occur: 
  1. the penalty is paid to the City, and all towing and storage costs are paid to the towing company; 
  2. a bond in an amount equal to the liability of the Owner as herein provided in paragraph A above is posted with the City and all applicable towing and storage costs are paid to the towing company; or 
  3. the vehicle is deemed abandoned, in which case the vehicle shall be disposed of in the manner provided by law for the disposition of abandoned or unclaimed vehicles. 
  4. Except as otherwise specifically provided by law, no owner, lienholder, or any other person shall be legally entitled to take possession of a motor vehicle impounded under this Chapter until the bond or penalty and all towing and storage costs applicable under this Chapter have been paid in full.

(Ord. 2622, passed 6-20-05; Am. Ord. 2815, passed 1-5-09)

§ 101.009  CONDUCT OF HEARINGS

All administrative hearings held pursuant to the provisions of this Chapter shall be conducted as follows:

  1. the parties to the administrative hearing shall be afforded an opportunity for a hearing before the Hearing Officer;
  2. An attorney who appears on behalf of any person shall file with the Hearing Officer a written appearance;
  3. In no event shall the case for the City be presented by the Hearing Officer; provided, however, that documentary evidence, including the notice of violation, which has been prepared by a department or agency of the City, may be presented at the hearing by the Hearing Officer;
  4. The Hearing Officer may grant continuances only upon a finding of good cause;
  5. All testimony shall be given under oath;
  6. The Hearing Officer may issue subpoenas to secure the attendance and testimony of relevant witnesses and the production of relevant documents. Issuance of subpoenas will be subject to the following restrictions:
  1. The Hearing Officer may issue subpoenas only if the Hearing Officer determines that the testimony of the witnesses or the documents or items sought by the subpoena are necessary to present evidence that is: a. relevant to the case; and b. relates to a contested issue in the case.
  2. A subpoena issued under this Chapter shall identify the person to whom it is directed, the documents or other items sought by the subpoena, if any, the date of the appearance of the witnesses and the production of the documents or other items described in the subpoena, the time for the appearance of the witnesses and the production of documents or other items described in the subpoena, and the place for the appearance of the witnesses and the production of the documents or other items described in the subpoena.
  3. In no event shall the date identified for the appearance of witnesses or the production of the documents or other items be less than seven (7) days after service of the subpoena.
  4. Within three (3) business days of being served with a subpoena issued in accordance with this Chapter, the recipient of the subpoena may appeal the order authorizing the issuance of the subpoena to the Hearing Officer.
  1. Subject to paragraph J. of this Section, the Hearing Officer may permit witnesses to submit their testimony by affidavit or by telephone.
  2. The formal and technical rules of evidence shall not apply in the conduct of the hearing. Evidence, including hearsay, may be admitted only if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
  3. No violation may be established except upon proof by a preponderance of the evidence; provided, however, that a notice of hearing or a notice of violation, issued and signed, shall be prima facie evidence of the correctness of the facts specified therein.
  4. Upon timely request of any party to the proceeding, any person who the Hearing Officer determines may reasonably be expected to provide testimony which is material and which does not constitute a needless presentation of cumulative evidence, shall be made available for cross-examination prior to a final determination of liability.
  5. The record of all hearings before the Hearing Officer shall include the following:
  1. a record of the testimony presented at the hearing, which may be made by tape recording or other appropriate means;
  2. all documents presented at the hearing;
  3. a copy of the notice of hearing or notice of violation; and
  4. a copy of the findings and decision of the Hearing Officer.
  1. Upon conclusion of the hearing, the Hearing Officer will issue a final determination of liability or no liability. Upon issuing a final determination of liability, the Hearing Officer may:
  1. impose penalties that are consistent with the applicable provision of this Chapter;
  2. issue orders that are consistent with applicable provisions of this Chapter;
  3. assess costs reasonably related to instituting the hearing process.
  1. In the issuance of a final determination of liability, the Hearing officer shall inform the respondent of his or her right to seek judicial review of the final determination.
  2. If at the time of the hearing, the recipient of a notice of hearing or notice of violation, or his or her attorney of record, fails to appear, the Hearing Officer may find the recipient in default and proceed with the hearing and accept evidence relevant to the existence of a violation of this Chapter and conclude with a finding, decision and order. A copy of the order of default must be served in the manner permitted for the service of the notice of hearing.
  3. The recipient of a notice of violation who is found to be in default may petition the Hearing Officer to set aside the Order of default and set a new hearing date, as follows:
  1. The Hearing Officer may set aside any order entered by default, and set a new hearing date, upon a petition filed within twenty-one (21) days after the issuance of the order of default, if the Hearing Officer determines that the petitioner's failure to appear at the hearing was for good cause or, at any time, if the petitioner establishes that the petitioner was not provided with proper service of notice of the hearing. If the petition is granted, the Hearing Officer shall proceed with a new hearing on the underlying matter as soon as practical.
  2. If any order is set aside under this paragraph, the Hearing Officer has the authority to enter an order directing the City to refund any penalties and/or fines paid pursuant to the vacated order.
  1. Any final determination by the Hearing Officer under this Chapter constitutes a final determination for purposes of judicial review and is subject to review under the Illinois Administrative Review Law.

(Am. Ord. 2686; passed 8-7-06)

§ 101.010 HEARING OFFICER

Each Hearing Officer shall be an attorney licensed to practice law in the State of Illinois for at least three (3) years. Hearing Officers shall have all of the powers necessary to conduct a fair and impartial hearing, including but not limited to, the power to:

  1. Hold conferences for the settlement or simplification of the issues;
  2. Administer oaths and affirmations;
  3. Hear testimony;
  4. Rule upon motions, objections, and the admissibility of evidence;
  5. At the request of any party, or on the haring Officer's own motion, subpoena the attendance of witnesses and the production of relevant books, records, or other information;
  6. Preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing;
  7. Regulate the course of the hearing in accordance with this Chapter or other applicable law;
  8. Issue a Final Order which may include findings of fact and conclusions of law, and
  9. Impose penalties and fines and issue orders that are consistent with applicable provisions of the Code of Ordinances, and assess costs upon finding a party liable for the charged violation; provided however, in no event may a Hearing Officer have the authority to:
  1. impose a penalty of imprisonment;
  2. impose a penalty in excess of $50,000 exclusive of costs of enforcement or costs imposed to secure compliance with this Code.

(Am. Ord. 2686; passed 8-7-06)