2003-56 AMENDING CITY CODE CHAPTER 73 - OFFENSES - CHAPTER 34 - TRAFFIC

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/ r the vehicle, then said vehicle shall be released to such owner without payment of any fees. Such a vehicle may also be released to the owner thereof if said owner provides the City with assurance satisfactory to the Legal Department that said owner will pay all towing and storage fees in the event such owner is found guilty by a court of law of the alleged pazking violation. B. The provisions of this subsection shall be applicable to vehicles removed pursuant to Section 37(k) of this Chapter: (i) The owner of record of a motor vehicle used in the violation of Section 10 of Chapter 73 of the City Code shall be subject to having said vehicle impounded and shall also be liable to the city for a fine of Two Hundred Fifty Dollars ($250.00), in addition to the payment of any fees for the towing and storage of the vehicle to the appropriate City towing contractor. (ii) Whenever a police of�cer has reasonable suspicion to believe that a vehicle is subject to seizure and impoundment pursuant to Section 37(k) of this Chapter, the police officer shall provide for the towing of the vehicle to a facility controlled by the City or its contractor. When the vehicle is towed, the police officer shall notify the person who is found to be in control of the vehicle at the time of the alleged violation and the owner of said vehicle, if present at the time, of the fact of the seizure and the vehicle owner's right to post a cash bond as indicated in subsection(rii) hereof to retrieve possession of the vehicle pending a hearing to be held by a hearing officer for the City designated by the City Manager. The notification shall also explain the vehicle owner's right to a probable cause hearing with respect to the alleged violation, as provided in subsection(vii)hereof. (iii) Whenever the owner of a vehicle seized pursuant to this subsection wishes to retrieve the vehicle seized prior to the evidentiary hearing, he or she may do so by posting a cash bond of Two Hundred Fifty Dollars ($250.00) at the Law Enforcement Center, 333 S. Franklin Street, Decatur, Illinois, in addition to the payment of applicable towing and storage fees to the City's towing contractor. (iv) Within ten (10) days after a vehicle is seized and impounded pursuant to this subsection, the City shall notify by certified mail, return receipt requested, the owner of record of said vehicle of the date, time and location of a hearing that will be conducted pursuant to this subsection(B). (v) A hearing shall be scheduled and held, unless continued by order of the City's hearing officer, on the first or third Friday of the month, whichever date first occurs not less than seven(7) days after notice thereof is mailed. All interested persons shall be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence shall not apply and hearsay evidence shall be admissble. The hearing shall be open to the public and a court reporter shall transcribe the proceedings.