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G-875 - 11/25/2008 - POLICE DEPT. - Ordinances Supporting DocumentsITEM 6-M, AGENDA ITEM Regular Board of Trustees Meeting of November 25, 2008 SUBJECT: ADMINISTRATIVE HEARINGS AND IMPOUNDMENT OF VEHICLES USED IN CONNECTION WITH ILLEGAL ACTIVITES FROM: THOMAS SHEAHAN, CHIEF OF POLICE BUDGET SOURCE/BUDGET IMPACT: $150,000 ANNUAL REVENUE LESS $15,000 OPERATING COSTS FOR A TOTAL REVENUE OF $135,000 RECOMMENDED MOTION: PASSAGE OF ORDINANCE G -875 PROVIDING FOR THE IMPOUNDMENT OF MOTOR VEHICLES USED IN CONNECTION WITH ILLEGAL ACTIVITES AND AMEDNING TITLE 6 OF THE VILLAGE COE OF THE VILLAGE OF OAK BROOK, ILINOIS Background /History: The Board of Trustees at their last meeting discussed the draft of the ordinance providing for impoundment of motor vehicles used in connection with illegal activities. The current ordinance reflects Trustee Kennedy's comments. Trustee Kennedy also expressed concerns about the potential enforcement of subsections 6 -5 -2E, H, I and J. The Village Attorney indicated that he did not have practical suggestions that would address those issues and suggested that the Board pass the ordinance in the present form and afford the Police Department an opportunity to address the extenuating situations administratively and then decide in 3 -6 months whether amendatory legislation is warranted. Recommendation: Passage of Ordinance G -875 W* Last saved by Default V \AGENDA \Towing Ordinance- Amended -I 1 -20 -08 doc Last printed 11/20/2008 3 26 PM ORDINANCE 2008- PD -OF -G -875 AN ORDINANCE PROVIDING FOR THE IMPOUNDMENT OF MOTOR VEHICLES USED IN CONNECTION WITH ILLEGAL ACTIVITIES AND AMENDING TITLE 6 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS WHEREAS, the President and Board of Trustees have determined that the use of motor vehicles during the commission of criminal activities poses a threat to the public health, safety and welfare, and WHEREAS, the President and Board of Trustees have determined that to better protect the public health, safety and welfare it is necessary to provide for the impoundment of motor vehicles used during the commission of criminal activities and to establish an administrative hearing process to regulate the release of impounded vehicles NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows Section 1 The foregoing preambles are restated and incorporated herein by reference as though fully set forth herein Section 2 Title 6 of the Village Code is amended by adding the following as Chapter 5 6 -5 -1 Violations Authorizing Impoundment 6 -5 -2 Offenses 6 -5 -3 General Regulations 6 -5 -4 Notice 6 -5 -5 Preliminary Hearing 6 -5 -6 Hearing 6 -5 -7 Administrative Fee 6 -5 -8 Vehicle Possession 6 -5 -9 Administrative Review 6 -5 -1 Violations Authorizing Impoundment A motor vehicle, operated with the permission, express or implied, of the owner of record, which is used in connection with the following violations, may be subject to seizure and impoundment by the Village if the violation prevents the driver from lawfully operating the vehicle, or if a police officer authorized to make arrests in the Village determines that impoundment of the vehicle is reasonably necessary as a community caretaking function so that the vehicle does not jeopardize public safety and the efficient movement of vehicular traffic The owner of record of said vehicle shall be liable to the Village for an administrative penalty in addition to any towing and storage fees as hereinafter provided 6 -5 -2 Offenses A Operation or use of a motor vehicle in the commission or attempted commission of any offense for which a motor vehicle may be seized and forfeited pursuant to 720 ILCS 5/36 -1 et seq , shall subject the owner to an administrative fee of five hundred dollars ($500 00) Ordinance 2008- PD -OF -G -875 Impoundment of Vehicles Page 2 of 5 B Driving under the Influence of alcohol, other drug or drugs, Intoxicating compounds, in violation of Section 15 501 of this Chapter, or 625 ILCS 5/11 -501, shall subject the owner to an administrative fee of five hundred dollars ($500 00) C Operation or use of a motor vehicle in connection with the commission or attempted commission of any felony offense in violation of the provisions of the Illinois Cannabis Control Act, 720 ILCS 550/1, shall subject the owner to an administrative fee of five hundred dollars ($50000) D Operation or use of a motor vehicle in connection with the commission or attempted commissions of any offenses in violation of the Illinois Controlled Substance Act, 720 ILCS 570/100, shall subject the owner to an administrative fee of five hundred dollars ($500 00) E Unlawful use of a weapon in violation of 720 ILCS 5/24 -1, aggravated discharge of a firearm in violation of 720 ILCS 5/24 -1 5, and unlawful possession of a firearm and firearm ammunition, in violation of 720 ILCS 5/24 -3 1, shall subject the owner to an administrative fee of five hundred dollars ($500 00) F Driving while driver's license, permit or privilege to operate a motor vehicle is suspended or revoked, 625 ILCS 5/6 -303, shall subject the owner to an administrative fee of five hundred dollars ($500 00), except that vehicles shall not be subjected to seizure or impoundment if the suspension is for an unpaid citation (parking or moving), or due to failure to comply with emissions testing G Operation or use of a motor vehicle while soliciting, possessing, or attempting to solicit or possess cannabis or a controlled substance as defined by the Illinois Cannabis Control Act, 720 ILCS 550/2, or the Illinois Controlled Substance Act, 720 ILCS 570/100, et seq , shall subject the owner to an administrative fee of five hundred dollars ($500 00) H Operation or use of a motor vehicle with an expired driver's license in violation of section 6- 101 of the Illinois Vehicle Code, 625 ILCS 5/6 -101 where the period of expiration is greater than one year, shall subject the owner to an administrative fee of five hundred dollars ($50000) Operation or use of a motor vehicle without ever having been issued a driver's license or permit in violation of Section 6 -101 of the Illinois Vehicle Code, 625 ILCS 5/6 -101, or operating a motor vehicle without ever having been issued a driver's license or permit due to a person's age, shall subject the owner to an administrative fee of five hundred dollars ($50000) Operation or use of a motor vehicle by a person against whom a warrant has been issued by a Circuit Court in Illinois for failing to answer charges that the driver violated the offenses of driving while license is revoked or suspended, 625 ILCS 5/6 -303, operating a motor vehicle without a valid driver's license, 625 ILCS 5/6 -101 and /or driving under the influence of alcohol, other drugs, intoxicating compound(s), or any combination thereof, 625 ILCS 5/1- 501, shall subject the owner to an administrative fee of five hundred dollars ($500 00) Ordinance 2008- PD -OF -G -875 Impoundment of Vehicles Page 3 of 5 6 -5 -3 General Regulations A This section shall not replace or otherwise abrogate any existing state or federal laws or Village ordinances pertaining to vehicle seizure, towing and Impoundment, and the owner shall be subject to the penalties provided in this Chapter in addition to any penalties that may be assessed by a court for any criminal charges B This section shall not apply if the vehicle used in the violation was stolen at the time and the theft was reported to the appropriate police authorities within twenty four (24) hours after the theft was discovered C Fees for towing and storage of a vehicle under this section shall be those approved by the Chief of Police for all tow companies authorized to tow for the Police Department 6 -5 -4 Notice Whenever a police officer has probable cause to believe that a vehicle is subject to towing and impoundment pursuant to this Chapter, the police officer shall provide for the towing of the vehicle to a facility authorized by the Chief of Police Before or at a time the vehicle is towed, the police officer shall notify the owner of the impoundment, and of the owner's right to request a preliminary vehicle impoundment hearing to be conducted pursuant Section 6 -5 -5 The vehicle shall be impounded pending the completion of the hearing provided for in Section 6 -5 -5, unless the owner of the vehicle posts with the Village a cash bond in the amount of five hundred dollars ($500 00) and pays the accrued towing and storage charges Before the time a vehicle is towed, if in the judgment of the police officer then present, a person authorized by the owner or operator of the vehicle is present and able to provide for the lawful immediate removal of the vehicle, the vehicle will be released to that person and if prompt removal of the vehicle is effected, no administrative penalty shall be imposed 6 -5 -5 Preliminary Hearing If the owner of record of a vehicle impounded pursuant to this Chapter desires to appeal the impoundment, said owner must make a request for hearing within twenty four (24) hours of the impoundment, excluding Saturdays, Sundays and Village holidays Said request shall be in writing and filed with the Chief of Police, or his designee who shall conduct such preliminary hearing within twenty four (24) hours after receipt of the request, excluding Saturdays, Sundays and Village holidays All interested persons shall be given a reasonable opportunity to be heard at the preliminary vehicle impoundment hearing The formal rules of evidence shall not apply at the hearing and hearsay evidence shall be admissible only if it is the type commonly relied upon by reasonably prudent persons in the conduct of their affairs If, after the hearing, the Chief of Police or his designee determines there is probable cause to believe that the vehicle is subject to impoundment pursuant to this section, he 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 five hundred dollars ($500 00) and pays the tower any applicable towing and storage fees If the Chief of Police or his designee determines that there is no such probable cause, the vehicle will be returned without penalty or other fees Ordinance 2008- PD -OF -G -875 Impoundment of Vehicles Page 4 of 5 6 -5 -6 Hearing Within ten (10) days after a vehicle is impounded pursuant to this section, the Village shall notify by certified mail, return receipt requested, the owner of record of the date, time and location of a plea hearing that will be conducted, pursuant to this section The hearing shall be conducted by a hearing officer, designated by the Villager Manager. The owner will appear at a plea hearing and enter a plea of guilty or not guilty If a plea of guilty is entered, the cause will be disposed of at that time If the owner pleads not guilty, a hearing shall be scheduled and held, unless continued by the hearing officer, no later than forty five (45) days after the vehicle was impounded All interested persons shall be given a reasonable opportunity to be heard at the hearing At any time prior to the hearing date, the hearing officer may, at the request of either party, direct witnesses to appear and give testimony at the hearing The formal rules of evidence will no$ apply at the hearing and hearsay evidence shall be admissible only if it is the type commonly relied upon by reasonably prudent persons in the conduct of their affairs If, after the hearing, the hearing officer determines, by a preponderance of the evidence, that the vehicle was used in connection with a violation set forth in this section, the hearing officer shall enter an order finding the owner of record of the vehicle civilly liable to the Village for an administrative fee in the amount of five hundred dollars ($500 00) and requiring the vehicle to continue to be impounded until the owner pays the administrative fee to the Village plus fees to the tower for the towing and storage of the vehicle If the owner of record falls to appear at the hearing, the hearing officer shall enter a default order in favor of the Village If the hearing officer finds no such violation occurred, the hearing officer shall order the immediate return of the owner's vehicle or cash bond without fees 6 -5 -7 Administrative Fee If an administrative fee is imposed pursuant to this section, such fee shall constitute a debt due and owing the Village If a cash bond has been posted pursuant to this section the bond shall be applied to the fee If a vehicle has been impounded when such a fee is imposed, the Village mad seek to obtain a Judgment on the debt and enforce such Judgment against the vehicle's owner as provided by law Except as provided otherwise in this section, a vehicle shall continue to be impounded until the fee is paid to the Village and any applicable towing fees are paid to the tower, in which case possession of the vehicle shall be given to the person who is legally entitled to possess the vehicle or the vehicle is sold or otherwise deposed of to satisfy a judgment to enforce a lien as provided by law If the administrative fee and other applicable fees are not paid within thirty (30) days after an administrative fee is imposed against an owner of record who defaults by failing to appear at the hearing, the vehicle shall be deemed unclaimed and shall be disposed of in the manner provide by law for the disposition of unclaimed vehicles In all other cases, if the administrative fee and applicable fee are not paid within thirty (30) days after the expiration of time at which administrative review of the hearing officer's determination may be sought, or within thirty (30) days after an action seeking administrative review has been resolved in favor of the Village, whichever is applicable, the vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed vehicles under the Illinois Vehicle Code 6 -5 -8 Vehicle Possession A Except as otherwise specifically provided by law, no owner, lien holder or other person shall be legally entitled to take possession of a vehicle impounded under this section until the administrative fee and fees applicable under this section have been paid However, whenever a person with a lien of record against an impounded vehicle has commenced foreclosure proceedings, possession of the vehicle shall be given to that person if he or she Ordinance 2008- PD -OF -G -875 Impoundment of Vehicles Page 5 of 5 agrees In writing to refund the Village the amount of the net proceeds of any foreclosure sale, less any amounts required to pay all lien holders of record, not to exceed the administrative fee, plus the applicable fees I B For purposed of this section, the "owner of record" of a vehicle is the record titleholder as registered with the Secretary of State of the State of Illinois 6 -5 -9 Administrative Review Any owner, lien holder or other person with a legal interest in the vehicle, who is not satisfied with the decision of the hearing officer, shall have the right to appeal the decision to Circuit Court, pursuant to the Administrative Review Act, as set forth fully in 735 ILCS 5/3 -101 et seq Section 3 If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this ordinance Section 4 All ordinances in conflict herewith are hereby repealed to the extent of such conflict Section 5 This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law Ayes Nays Absent APPROVED THIS 11th day of November, 2008 John W Craig Village President PASSED THIS 11th day of November, 2008 ATTEST Charlotte K Pruss Village Clerk I' EAM 100'). AGENDA ITEM Regular Board of Trustees Meeting of 11 -11 -08 SUBJECT: ADMINISTRATIVE HEARINGS AND IMPOUNDMENT OF VEHICLES USED IN CONNECTION WITH ILLEGAL ACTIVIES. FROM: THOMAS SHEAHAN, CHIEF OF POLICE BUDGET SOURCE/BUDGET IMPACT: $150,000 ANNUAL REVENUE LESS $15,000 OPERATING COTS FOR A TOTAL REVENUE OF- $13 5,000 RECOMMENDED MOTION: I MOVE THAT THE VILLAGE MANAGER PLACE THE ATTACHED ORDINANCE PROVIDING FOR THE IMPOUNDMENT OF MOTOR VEHICLES USED IN CONNECTION WITH ILLEGAL ACTIVITES ON THE NOVEMBER 25TH BOARD AGENDA Background/History: The Village of Oak Brook Police Department has researched SEVERAL MUNICIPALITIES Administrative Hearing /Towing proposals. The tow of Wood Dale has the most effective and efficient program. Oak Brook would pattern their program after Wood Dales. We believe the program would give us another tool in helping protect the public health, safety and welfare of our community. Wood Dales program has four major components: 1) Vehicles towed are used in connection with illegal activities example, DUI, Driving While License is Revoked /Suspended, vehicles used in commission of crimes, violations of the Cannabis control act, among other offenses. 2) Violators can pay the administrative fee of $500 by cash, money order, or through a company called "General Payment System" or similar company. Violators can schedule a hearing to appeal the vehicle Last saved by Default IAPOLICE\PWHORISK \WORD\Agenda Items \Impoundment ordinance- 11- 11- 08.doc Last printed 11/7/2008 7.38 AM impoundment. 3) Hearings are once a month and presided by an Administrative Hearing Officer approved by the Village Manager and the Board of Trustees. The Village attorney represents the Village. Costs to Wood Dale per year are approximately $15,000. 4) Revenues collected are placed in the General Fund. Wood Dale's revenue per year is approximately $170,000. Research into 2006 and 2007 Oak Brook Police records indicated an average of 429 offenders per year which would result in potential fees in excess of $200,000. However, considering the substantial reduction due to the current state of the economy, the police department anticipates revenues of approximately $150,000 less operating costs of $15,000 for a total revenue of $13 5,000. The Police Department is looking for the Board's input, discussion and direction for this initiative. Attached is additional information on the Wood Dale program as well as a draft ordinance Attorney Sterk has prepared. Recommendation: Approve motion to place the attached ordinance on the November 25th Board agenda. Last saved by Default VAAGENDA \NOVEMBER 11 MEETING \Impoundment Ordinance- 11- 11- 08.doc Last printed 11/7/2008 8 .13 AM FROM: DEPUTY CHIEF LARSON SUBJECT: TOWING PROPOSAL As you know, Lt. Cates and I discussed the towing ordinance and administrative fee proposal with Darrell and he reviewed our revenu e projections. We believe those numbers to be factual and stand behind them. However, even considering a substantial reduction due to the current state of the economy, we still anticipate revenues of approximately $150,000. less operating costs of $15,000. for a total of $135,000. Conversations with Wood Dale officials and our village attorney lead us to conclude that they are more than satisfied with the procedures they have established to adjudicate this matter, as well as the administrative hearing officer used to oversee the process. We would like to move forward with this program and accompanying ordinance as soon as possible. Please let us know what further actin we need to take in order to add this to an upcoming agenda for village board review and approval. WOOD DALE TOW PROGRAM SUMMARY $500.00 PER TOW (OFFENSES SPECIFIED IN ATTACHED ORDINANCE). ADMINISTRATIVE FEE IS COLLECTED AT THE POLICE DEPARTMENT PRIOR TO THE RELEASE OF THE VEHICLE. RIGHT TO ADMINISTRATIVE HEARING: - HEARINGS HELD ONCE A MONTH - COST OF $750.00 PER HEARING DATE FOR HEARING OFFICER. - COST OF $300.00 PER HEARING DATE FOR VILLAGE ATTORNEY. SGT. AND TCO MANAGE PROGRAM (HEARING DATES, MAILING ETC.) ADMINSITRATIVE FEE HAS NEVER BEEN CHALLANGED IN COURT. WOOD DALE RECEIVED $160,000 IN FEES FOR 2007. OAK BROOK 2006: 448 DUI' S, DWLS, DWLR = POTENTIAL FEES OF $224,000. 2007: 411 DUI' S, DWLS, DWLR = POTENTIAL FEES OF $205,000. THIS INDICATES TRAFFIC ONLY. AS LISTED ON THE WOOD DALE ORDINANCES, WE CAN ALSO TOW WHEN VEHICLES ARE USED IN THE COMMISSION OF A CRIME, WHICH WOULD ADD TO OUR TOTAL. •N - IWC DATE: 09009 ®08 TO: CHIEF SHEAHAN FROM: LT DELISE SUBJECT: TOW PROGRAM :4 met with Sgt. Rivas of the Wood Dale Police Department regarding their Tow Program. The questions we had about the program were all answered by Sgt. Rivas and he also included a DVD of the program in its entirety. Sgt. Rivas advised the public was happy with the program, as not only did the Village profit from the Administrative Fee, a potential offenders vehicle was taken off the street. The time and personnel needed to manage the program were acceptable for our needs. Sgt. Rivas is in charge of the program and one communications officer handles the computer spread sheets and mailing. The amount of vehicles left unclaimed is 20% and the tow companies are given the titles and sells the vehicles. Payment for the tows is by cash or credit card. No checks are accepted. Most of the payment is done through a company called General Payment System by credit card. Sgt. Rivas has agreed to train whoever you choose to put in charge of the program. It is my recommendation that this program be forwarded to the Village Manager and the Village Attorney for their approval. 4 .15.1809. impoundment Of Motor Vehicles Used In Connection With Illegal Activities. Page I of 4 S(- c Sec. 15.1809. 809. l p oundment Of Mot ®r Vehicles Used In Connection With Illegal Activities. A.Violations Authorizing Impoundment: A motor vehicle, operated with the permission, express or implied, of the owner of record, which is used in connection with the folllovent owing driver may be subject to seizure and impoundment by the city if the to make arrests in the from lawfully operating the vehicle, or if a police officer authorized O city determines that impoundment of the vehicle is reasonably necessary as a community caretaking function so that the vehicle does not jeopardize public safety and the movement of vehicular traffic. The owner of record of said vehicle shall be liable hereinafter provided. to the efficient y for an administrative penalty in addition to any towing and storage fees a provided. Offenses: 1. Operation or use of a motor vehicle in the commission or attempted commission of any offense for which a motor vehicle may be seized and forfeited pursuant to 720 Illinois Compiled Statutes 5/36 -1 et seq., shall subject the owner to an administrative fee of five hundred dollars ($500.00); 2. Driving under the influence of alcohol, other drug or drugs, intoxicating compounds, in violation of section 15.501 of this chapter, or 625 Illinois Compiled Statutes 5/10 -501, shall subject the owner to an administrative fee of five hundred dollars ($500.00), 3. Operation or use of a motor vehicle in connection with the commission or attempted commission of any felony offense in violation of the provisions of the Illinois canna control act, 720 Illinois Compiled Statutes 550/1, shall subject the owner to an administrative fee of five hundred dollars ($500.00); 4. Operation or use of a motor vehicle in connection with the commission or attempted commission of any offense in violation of the Illinois controlled substances act, 7 Illinois Compiled Statutes 570/100, shall subject the owner to an administrative fee of five hundred dollars ($500.00); 5. Unlawful use of a weapon in violation of 720 Illinois Compiled Statutes 5/24 -1, aggravated discharge of a firearm in violation of 720 Illinois Compiled Statutes 5/24 -1.5; and unlawful possession of a firearm and firearm ammunition, in violation of 720 Illinois Compiled Statutes 5/24 -3.1, shall subject the owner to an administrative fee of five hundred dollars ($500.00); 6. Driving while driver's license, permit, or privilege to operate a motor vehicle is suspended or revoked, 625 Illinois Compiled Statutes 5/6 -303, shall subject the owner to an administrative fee of five hundred dollars ($500.00); except that vehicles shall not subjected to seizure impoundment if the suspension is for an unpaid citation (parking or moving), or due to failure to comply with emissions testing; 7. Operation or use of a motor vehicle while soliciting, possessing, or attempting to solicit or possess cannabis or a controlled substance as defined by the Illinois cannabis control act, 720 Illinois Compiled Statutes 550/2, or the Illinois controlled substances act, 720 Illinois Compiled Statutes 570/100 et seq., shall subject the owner to an administrative Sec. 15.1809. Impoundment Of Motor Vehicles Used In Connection With Illegal Activities. Page 2 of 4 fee of five hundred dollars ($500.00); 8. Operation or use of a motor vehicle with an expired driver's license in violation of section 6 -101 of the Illinois vehicle code, 625 Illinois Compiled Statutes 5/6-101 where the period of expiration is greater than one year, shall subject the owner to an administrative fee of five hundred dollars ($500.00); 9. Operation or use of a motor vehicle without ever having been issued a driver's license or permit in violation of section 6 -101 of the Illinois vehicle code, 625 Illinois Compiled Statutes 5/6 -101, or operating a motor vehicle without ever having been issued a driver's license or permit due to a person's age, shall subject the owner to an administrative fee of five hundred dollars ($500.00); and 10. Operation or use of a motor vehicle by a person against whom a warrant has been issued by a circuit clerk in Illinois for failing to answer charges that the driver violated the offenses of: driving while license is revoked or suspended, 625 Illinois Compiled Statutes 5/6 -303, operating a motor vehicle without a valid driver's license, 625 Illinois Compiled Statutes 5/6 -101, and/or driving under the influence of alcohol, other drugs, intoxicating compound(s), or any combination thereof, 625 Illinois Compiled Statutes 5/11 501, shall subject the owner to an administrative fee of five hundred dollars ($500.00). B.General Regulations: 1. This section shall not replace or otherwise abrogate any existing state or federal laws or city ordinances pertaining to vehicle seizure, towing and impoundment, and the owner shall be subject to these penalties in addition to any penalties that may be assessed by a court for any criminal charges. 2. This section shall not apply if the vehicle used in the violation was stolen at the time and the theft was reported to the appropriate police authorities within twenty four (24) hours after the theft was discovered. 3. Fees for towing and storage of a vehicle under this section shall be those approved by the chief of police for all tow companies authorized to tow for the police department. C.Notice: Whenever a police officer has probable cause to believe that a vehicle is subject to tow and impoundment pursuant to this section, the police officer shall provide for the towing of the vehicle to a facility authorized by the city. Before or at a time the vehicle is towed, the police officer shall notify any person identifying himself as the owner of the vehicle or any person who is found to be in control of the vehicle at the time for the alleged violation, of the fact of the impoundment, and of the vehicle and of the owner's right to request a preliminary vehicle impoundment hearing to be conducted under subsection D of this section. Said vehicle shall be impounded pending the completion of the hearings provided h for in subsection D of this section, unless the owner of the vehicle posts with the city a ca bond in the amount of five hundred dollars ($500.00) and pays the accrued towing and storage charges. Before the time a vehicle is towed, if in the judgment of the police officer then present, a person authorized by the owner or operator of the vehicle is present and able to provide for the lawful immediate removal of the vehicle, the vehicle will be released to that person and s. 1809. Impoundment Of Motor Vehicles Used In Connection With Lllegal Activziies. Page 3 of 4 prompt removal of the vehicle is effected, and no administrative penalty imposed. D.Preliminary Hearing: If the owner of record of a vehicle impounded pursuant to this section desires to appeal the impoundment, said owner must make a request for hearing within twenty four (24) hours of the impoundment. Said request shall be in writing and filed with the chief of police, or his designee who shall conduct such preliminary hearing within twenty four (24) hours after receipt of the request, excluding Saturdays, Sundays, or city holidays. All interested persons shall be given a reasonable opportunity to be heard at the preliminary vehicle impoundment hearing. The formal rules of evidence will not apply at the hearing and hearsay evidence shall be admissible only if it is the type commonly relied upon by reasonably prudent persons in the conduct of their affairs. If, after the hearing, the chief of police or his designee determines there is probable cause to believe that the vehicle is subject to impoundment pursuant to this section, he shall order the continued impoundment of the vehicle as provided in this section unless the owner of the vehicle posts with the city a cash bond in the amount of five hundred dollars ($500.00) and pays the tower any applicable towing and storage fees. If the chief of police or his designee determines that there is no such probable cause, the vehicle will be returned without penalty or other fees. E.Hearing: Within ten (1 0) days after a vehicle is impounded pursuant to this section, the city shall notify by certified mail, return receipt requested, the owner of record of the date, time, and location of a plea hearing that will be conducted, pursuant to this section. The hearing shall be conducted by a hearing officer, designated by the city administrator. The owner will appear at a plea hearing and enter a plea of guilty or not guilty. If a plea of guilty is entered, the cause will be disposed of at that time. If the owner pleads not guilty, a hearing shall be scheduled and held, unless continued by the hearing officer, no later than forty five (4 5) days after the vehicle was impounded. All interested persons shall be given a reasonable opportunity to be heard at the hearing. At any time prior to the hearing date, the hearing officer may, at the request of either party, direct witnesses to appear and give testimony at the hearing. The formal rules of evidence will not apply at the hearing, and hearsay evidence shall be admissible only if it is the type commonly relied upon by reasonably prudent persons in the conduct of their affairs. If, after the hearing, the hearing officer determines, by a preponderance of the evidence, that the vehicle was used in connection with a violation set forth in this section, the hearing officer shall enter an order finding the owner of record of the vehicle civilly liable to the hey for an administrative fee in the amount of five hundred dollars ($500.00) and requiring t vehicle to continue to be impounded until the owner pays the administrative fee to the city plus fees to the tower for the towing and storage of the vehicle. If the owner of record fails to appear at the hearing, the hearing officer shall enter a default order in favor of the city. If the hearing officer finds no such violation occurred, the hearing officer shall order the immediate return of the owner's vehicle or cash bond without fees. F.Administrative Fee: If an administrative fee is imposed pursuant to this section, such fee shall constitute a debt due and owing the city. If a cash bond has been posted pursuant to this section the bond shall be applied to the fee. If a vehicle has been impounded when such a fee is imposed, the city may seek to obtain a judgment on the debt and enforce such judgment against the vehicle's owner as provided by law. Except as provided otherwise in this section, a vehicle shall continue to be impounded until the fee is paid to the city and any applicable towing fees are paid to the tower, in which case possession of Sec. 15.18 09. Impoundment Of Motor Vehicles Used In Connection '\With Illegal Activities. Page 4 of 4 the vehicle shall be given to the person who is legally. entitled to possess the vehicle or the vehicle is sold or otherwise disposed of to satisfy a judgment to enforce a lien as provided by law. If the administrative fee and other applicable fees are not paid within thirty (30) days after an administrative fee is imposed against an owner of record who defaults by failing to appear at the hearing, the vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed vehicles. In all other cases, if the administrative fee and applicable fee are not paid within thirty (30) days after the expiration of time at which administrative review of the hearing officer's determination may be sought, or within thirty (30) days after an action seeking administrative review has been resolved in favor of the city, whichever is applicable, the vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed vehicles under the Illinois vehicle code. G.Vehicle Possession: 1. Except as otherwise specifically provided by law, no owner, lien holder, or other person shall be legally entitled to take possession of a vehicle impounded under this section until the administrative fee and fees applicable under this section have been paid. However, whenever a person with a lien of record against an impounded vehicle has commenced foreclosure proceedings, possession of the vehicle shall be given to that person if he or she agrees in writing to refund the city the amount of the net proceeds of any foreclosure sale, less any amounts required to pay all lien holders of record, not to exceed the administrative fee, plus the applicable fees. 2. For purposes of this section, the "owner of record" of a vehicle is the record titleholder as registered with the secretary of state of the state of Illinois. H.Administrative Review: Any owner, lien holder or other person with a legal interest in the vehicle, who is not satisfied with the decision of the hearing officer, shall have the right to appeal the decision to the circuit court, pursuant to the administrative review act, as set forth fully in 735 Illinois Compiled Statutes 5/3 -101 et seq. (Ord. 0 -06 -077, 12 -21 -2006)