2017-09 Amending City Code Chapter 34 - Traffic

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explain the vehicle owner's right to a probable cause hearing with respect to the alleged violation, as provided in subsection (7)hereof. (iii) Whenever the owner, lessee or lienholder 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 Decatur Police Department, 707 W. South Side Drive, 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 personal service or by first class mail the owner of record or lessee and any lienholder 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 designated days of each month. The hearing shall be scheduled not less than seven (7) days and not more than thirty(30) 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 admissible. The hearing shall be open to the public and recorded. (vi) If, after the hearing, the City's hearing officer determines by a preponderance of the evidence that the vehicle was used in the commission of a violation of Section 10 of Chapter 73 of the City Code or in violation of Sections 37 (J)through 37 (V) inclusive of this Chapter and was not stolen prior to said violation, he shall enter an order requiring the vehicle to continue to be impounded until the owner thereof pays the penalty and fees imposed hereby if the vehicle is still in the custody of the City or its contractor; if a bond had been posted and the owner, lessee or lienholder has possession of the vehicle,the hearing officer shall enter an order deducting the appropriate penalty from the cash bond that was posted. If, after said hearing,the City's hearing officer determines by a preponderance of the evidence that the vehicle was not used in the commission of a violation of Section 10 of Chapter 73 of the City Code or a violation of Section 37(J)through 37 (V) inclusive of this Chapter, or that the vehicle was stolen prior thereto, said hearing officer shall enter an order dismissing the proceedings and the vehicle or cash bond shall be returned without payment or deduction of any penalty and any towing or storage fees paid by the owner, lessee or lienholder shall be reimbursed by the City. Any penalty imposed hereby on the owner of record of any vehicle shall be a debt due and owed to the City and may be enforced and collected as provided by law. (vii) In addition to the hearing provided for in the immediately preceding subsections hereof, every owner whose vehicle is