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O-24-2012 Ord Amending Chapter 10 Municipal Code-Impounding VehiclesVILLAGE OF 1 EMONT ORDINANCE NO. — . — a--- AN ORDINANCE AMENDING CHAPTER 10 OF THE LEMONT, ILLINOIS MUNICIPAL CODE RELATING TO ADMINISTRATIVE AND PROCESSING FEE FOR IMPOUNDING OF VEHICLES ADOPTED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 9th DAY OFApril, 2012 Published in pamphlet form by Authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, this 9th day of April, 2012. ORDINANCE NO. An Ordinance Amending Chapter 10 of the Lemont, Illinois Municipal Code Relating to Administrative and Processing Fee for Impounding of Vehicles WHEREAS, the Village of Lemont ( "Village ") is an Illinois Municipal Corporation pursuant to the Illinois Constitution of 1970 and the Statutes of the State of Illinois; WHEREAS, Section 5/11 -208.7 of the Illinois Municipal Code (65 ILCS 5/11- 208.7), authorizes the Village to impose an administrative fee related to its administrative and processing costs associated with the investigation, arrest, and detention of an offender, or the removal, impoundment, storage, and release of a vehicle; and, WHEREAS, the Village has determined that authorizing the Village to impose such an administrative fee will protect and promote the public health, safety, and welfare of its citizens; and, NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, DUPAGE AND WILL COUNTIES, ILLINOIS, as follows: SECTION 1: The foregoing findings and recitals, and each of them, are hereby adopted as Section 1 of this Ordinance and are incorporated by reference as if set forth verbatim herein. SECTION 2: The Lemont, Illinois Municipal Code ( "Village Code "), as amended, is hereby further amended by in the manner and form shown below with additions being shown in underlined text and deletions being shown in strikethrough text, so that Chapter 10.23 shall hereafter provide as follows: 1 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, or the agents of that owner, shall be liable to the village for an administrative penalty fee 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 (720 ILCS 5/1 1) Section 36 -1 of the Illinois Criminal Code (720 ILCS 5/36 -1) shall subject the owner to an administrative penalty fee of $500.00. (2) Driving under the influence of alcohol or other drug, or intoxicating compounds shall subject the owner to an administrative penalty fee of $500.00. (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 (720 ILCS 550/1 et seq.) shall subject the owner to an administrative penalty fee of $500.00. (4) Operation or use of a motor vehicle in the commission of, or in the attempt to commit an offense in violation of 720 ILCS 5/24 -1, 720 ILCS 5/24 -1.5, or 720 ILCS 5/24 -3.1 shall subject the owner to an administrative penalty fee of $500.00. (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 (720 ILCS 570/100 et seq.) shall subject the owner to an administrative penalty fee of $500.00. (6) Driving without a state issued driver's license, or driving while driver's license, permit or privileges to operate a motor vehicle are suspended or revoked pursuant to Section 6 -303 ,of the Illinois Vehicle Code (625 ILCS 5/6 -303) shall subject the owner to an administrative penalty fee of $2x.00 $500.00; except that vehicles shall not be subject to seizure impoundment if suspension is for an unpaid citation (moving or parking) or due to failure to comply with emission testing. (7) (8) 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 (720 ILCS 550/1 et seq.) or the Illinois Controlled Substances Act (720 ILCS 570/100 et seq.) shall subject the owner to an administrative penalty fee of X50.00 $500.00. 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 2 C9) period of expiration is greater than one year shall subject the owner to an administrative penalty fee of $250.00 $500.00. 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 $500.00. (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 Section 6 -101 of the Illinois Vehicle Code (625 ILCS 5/6 -101), Section 6 -303 of the Illinois Vehicle Code (625 ILCS 5/6 -303), or Section 11 -501 of the Illinois Vehicle Code (625 ILCS 5/11 -501) shall subject the owner to an administrative fee of $500.00. (11) Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of Section 16 -25 of the Illinois Criminal Code (720 ILCS 5/16 -25) shall subject the owner to an administrative fee of $500.00. (12) Operation or use of a motor vehicle in the commission of, or in the attempt to commit, any misdemeanor or felony offense in violation of the Illinois Criminal Code (720 ILCS 5/1 et seq.) shall subject the owner to an administrative fee of $500.00. The administrative fee under this Section shall be waived upon verifiable proof that the vehicle was stolen at the time the vehicle was impounded. 10.23.020. - Applicability. (a) 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. 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 chapter, 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 or make a reasonable attempt to notify the person identifying himself as the owner or lessee 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 seizure, and of the vehicle and of the owner's right to request a preliminary vehicle impoundment hearing to be conducted in accordance with 3 section 10.23.040. Said vehicle shall be impounded pending the completion of the hearing provided in section 10.23.040, unless the owner of the vehicle posts with the village a cash bond at the rates in section 10.23.010 and pays the accrued towing and storage charges. 10.23.040. - Preliminary hearing procedure. (a) Written request. 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 24 hours of the seizure. Said request shall be in writing and filed with the chief of police, or his designee who shall conduct such preliminary hearing within 24 hours after receipt of the request, excluding Saturdays, Sundays and holidays. (b) Rules of evidence relaxed. 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. (c) When probable cause exists. 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 chapter unless the owner of the vehicle posts with the village a cash bond at the rates in section 10.23.010 and pays the tower any applicable towing and storage fees. (d) Vehicle to be returned when probable cause nonexistent. 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. - Plea hearing. (a) Notice; procedure; evidence. 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, lessee, and any lienholder of record, to the interested party's address as registered with the Secretary of State 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 45 days after the vehicle was seized date of the mailing of the notice of hearing. 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 4 evidence shall be admissible only if it is the type commonly relied upon by reasonably prudent persons in the conduct of their affairs. (b) Liability; costs; default judgment; vehicle returned where no violation. 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 chapter, the hearing officer shall enter an a written order finding the owner of record of the vehicle civilly liable to the village for an administrative fee in the village a cash bond at the rates in section 10.23.010 and requiring the vehicle to continue to be impounded until the owner pays the administrative penalty fee 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 written default order in favor of the village. If the hearing officer finds no such violation occurred, the hearing officer shall issue a written decision ordering the immediate return of the owner's vehicle or cash bond without fees. 10.23.060. - Administrative penalt4ffee. (a) Imposed; cash bond used to offset debt. If an administrative penalty fee is imposed pursuant to this chapter, such penalty 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 penalty fee. (b) Authority to initiate collection procedure. If a vehicle has been impounded when such a penalty fee 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 chapter, a vehicle shall continue to be impounded until the penalty-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 disposed of to satisfy a judgment to enforce a lien as provided by law. (c) Nonpayment; failure to appear. If the administrative penal -fee and other applicable fees are not paid within 30 days after an administrative fee is imposed against an owner owner of record, lessee, and any lienholder 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. (d) When vehicle deemed unclaimed. In all other cases, if the administrative penalty fee and other applicable fees are not paid within 3035 days after the expiration of time at which administrative review of the hearing officer's determination may be sought, or within 3835 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 5 disposition of unclaimed vehicles under the Illinois Vehicle Code (624 ILCS 5/1- 100 et seq.). 10.23.070. - Vehicle possession. (a) Except as otherwise specifically provided by law, no owner, lienholder, or other person shall be legally entitled to take possession of a vehicle impounded under this chapter until the administrative penalty-fee and other fees applicable under this chapter 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 lienholders of record, not to exceed the administrative penalty fee, plus the any other applicable fees. (b) For purposes of this section, the term "owner of record" of a vehicle means the record titleholder as registered with the secretary of state. 10.23.080. - Administrative review; right to appeal. Any owner, lessee, lienholder 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 5/13- 101 et seq. SECTION 3: That the Village Clerk of the Village of Lemont be and is directed hereby to publish this Ordinance in pamphlet form, pursuant to the Statutes of the State of Illinois, made and provided. SECTION 4: Should any Section or provision of this Ordinance be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof other than the part declared to be invalid_ SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. 6 PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DUPAGE, ILLINOIS, on this 9th day of April, 2012. PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYS: ABSENT: ABSTAIN Debby Blatzer V Paul Chialdikas V Clifford Miklos Ron Stapleton V Rick Sniegowski Jeanette Virgilio ii CHARLENE M. SMOLLEN Village Clerk 7 BRIA K. REAVES President