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O-39-07 06/11/20071 ORDINANCE 0.3 9- (' 7 ORDINANCE ADDING CHAPTER 10.23 OF THE LEMONT MUNICIPAL CODE - ADMINISTRAVE AND PROCESSING FEE FOR IMPOUNDING OF VEHICLES WHEREAS, the Village of Lemont has adopted a Vehicle and Traffic code, Title 10, which has been amended from time to time; and, WHEREAS, the Village has determined that it is reasonable and necessary to charge and administrative and processing penalty fee per vehicles towed pursuant to this ordinance, to help ensure the safety of citizens and motorists of the Village of Lemont, and to offset the costs and time incurred by the Village impounding vehicles. NOW, THEREFORE BE IT ORDAINED by the President and Board of Trustees of the Village of Lemont that Chapter 10.23 — Administrative and Processing Fee for Impounding of Vehicles is added to the Lemont Municipal Code and shall read as follows: SECTION 1: 10.23 - Administrative and Processing Fee for Impounding of Vehicles 10.23.010 — Violations Authorizing Impoundment A motor vehicle, operated with permission of the owner of record, that is used in connection with the following violations shall be subject to tow and impoundment by the Village, and the owner of said vehicle shall be liable to the Village for an administrative penalty in addition to any towing and storage fees. 1. Operation or use of a motor vehicle in the commission of, or in the attempt to commit any offense for which a motor vehicle may be seized and forfeited pursuant to the Illinois Criminal code shall subject the owner to an administrative penalty of $500. 2. Driving Under the Influence of Alcohol other Drug or Drugs, or Intoxicating Compounds shall subject the owner to an administrative penalty of $500. 3. Operation or use of a motor vehicle in the Commission of, or in the attempt to commit a felony or in violation of the provisions of the Illinois Cannabis Control Act shall subject the owner to an administrative penalty of $500. 4. Operation or use of a motor vehicle in the commission of, or in the attempt to commit an offense in violation of Section 24 -1, 24 -1.5 and 24 -3.1 of the Criminal Code shall subject the owner to an administrative penalty of $500. 5. Operation or use of a motor vehicle in the commission of, or in the attempt to commit and offense in violation of the Illinois Controlled Substances Act shall subject the owner to an administrative penalty of $500. 6. Driving while Driver's License, Permit or Privilege to Operate a Motor Vehicle is Suspended or Revoked shall subject the owner to an administrative penalty of $250; except that vehicles shall not be subjected to seizure impoundment if the suspension is for unpaid citation (moving and parking) or due to failure to comply with emission testing. 7. Operation or Use of a Motor Vehicle While Soliciting, Possession, or Attempting to Solicit or Possess Cannabis or a Controlled Substances as defined by the Illinois Cannabis Control Act or the Illinois Controlled Substance Act shall subject the owner to an administrative penalty of $250. 8. Operation or use of a motor vehicle with an expired Driver's License where the period of expiration is greater then one year shall subject the owner to an administrative penalty of $250. 10.23.020 — General Regulations 1. This section shall not replace or otherwise abrogate any existing state or federal laws, 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 of the vehicle used in the violation is stolen at the time the impoundment was to take place. 10.23.030 — 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 Village. Before or at the time the vehicle is towed, the police officer shall notify the person identifying himself as the owner of he 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 seizure, and of the vehicle and of the owner's right to request a preliminary vehicle impoundment hearing to be conducted in accordance with 10.23.040. Said vehicle shall be impounded pending the completion of the hearing provided in 10.23.040, unless the owner of the vehicle posts with the Village a cash bond at the rates in 10.23.010 and pays the accrued towing and storage charges. 10.23.040 — Preliminary Hearing If the owner of record of a vehicle seized pursuant to this section desires to appeal the seizure, said owner must make a request for hearing within twenty -four (24) hours of the seizure. Sad request shall 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 Saturday, Sundays and holiday. All interested person 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 seizure and 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 at the rates in 10.23.010 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. 10.23.050 — Hearing Within ten (10) 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 plea hearing that will be conducted, pursuant to this section. The owner will appear at a plea hearing and enter a plea of liable or not liable. If a plea of liable is entered, the cause will be disposed of at that time. If the owner pleads not liable, a hearing shall be scheduled and held, unless continued by a Hearing Officer, designated by the Village Administrator, no later than forty -five (45) days after the vehicle was seized. 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 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 penalty in the Village a cash bond at the rates in 10.23.010 and requiring the vehicle to continue to be impounded until the owner pays the administrative penalty to the Village 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 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. 10.23.060 — Administrative Penalty If an administrative penalty is imposed pursuant to this section, such penalty 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 penalty. If a vehicle has been impounded when such a penalty is imposed, the Village may seek to obtain a judgment on the debt and enforce such judgment against the vehicles as provided by law. Except as provided otherwise in this section, a vehicle shall continue to be impounded until the penalty 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 disposed of to satisfy a judgment to enforce a lien as provided by law. If the administrative penalty and applicable fees are not paid within thirty (30) days after an administrative penalty 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 penalty 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 provide by law for the disposition of unclaimed vehicles under the Illinois Vehicle Code. 10.23.070 — 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 penalty 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 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 penalty, plus the applicable fees. 2. For purposes of this section, the "owner of record" of a vehicle is the record title holder as registered with the Secretary of State of the State of Illinois. 10.23.080 — 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 ILCS 513 -1 01 et seq. SECTION 2: Effective Date: This Ordinance shall be in full force and effect July 1, 2007. SECTION 3: Repealer: All Ordinances or parts of Ordinances in conflict herewith shall be and the same are hereby repealed. The Village Clerk of the Village of Lemont shall certify to the adoption of this Ordinance and cause the same to be published in pamphlet form. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, WILL AND DU PAGE COUNTIES ILLINOIS on this t[ 44-n. Day of , 2007. Debby Blatzer Peter Coules Cliffor Miklos Brian Reaves Ronald Stapleton Jeanette Virgilio Attest: AYES NAYS PASSED ABSENT v 1/ JOH F. PIAZZA, V lage ` res =ARLENE SMOL EN, Village Clerk