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2017-09 Amending City Code Chapter 34 - Traffic
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2017-09 Amending City Code Chapter 34 - Traffic
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2/8/2017 4:52:04 PM
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Resolution/Ordinance
Res Ord Num
2017-09
Res Ord Title
Amending City Code Chapter 34 Traffic
Department
City Manager
Approved Date
2/6/2017
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Police Department, 707 W. South Side Southside Drive, Decatur, <br /> Illinois, in addition to the payment of applicable towing and <br /> storage fees to the City's towing contractor. <br /> (iv) Within ten(10)days after a vehicle is seized and impounded <br /> pursuant to this subsection,the City shall notify by personal <br /> service or by first class mail the owner of record or lessee and any <br /> lienholder of record of said vehicle of the date,time and location <br /> of a hearing that will be conducted pursuant to this subsection B. <br /> (v) A hearing shall be scheduled and held, unless continued by <br /> order of the City's hearing officer, on designated days of each <br /> month. The hearing shall be scheduled not less than seven(7)days <br /> and not more than thirty(30)days after notice thereof is mailed. <br /> All interested persons shall be given a reasonable opportunity to be <br /> heard at the hearing. The formal rules of evidence shall not apply <br /> and hearsay evidence shall be admissible. The hearing shall be <br /> open to the public and recorded. <br /> (vi) If, after the hearing, the City's hearing officer determines by a <br /> preponderance of the evidence that the vehicle was used in the <br /> commission of a violation of Section 10 of Chapter 73 of the City <br /> Code or in violation of Sections 37 QM)through 37 (V-W) <br /> inclusive of this Chapter and was not stolen prior to said violation, <br /> he shall enter an order requiring the vehicle to continue to be <br /> impounded until the owner thereof pays the penalty and fees <br /> imposed hereby if the vehicle is still in the custody of the City or <br /> its contractor; if a bond had been posted and the owner, lessee or <br /> lienholder has possession of the vehicle, the hearing officer shall <br /> enter an order deducting the appropriate penalty from the cash <br /> bond that was posted. If, after said hearing,the City's hearing <br /> officer determines by a preponderance of the evidence that the <br /> vehicle was not used in the commission of a violation of Section <br /> 10 of Chapter 73 of the City Code or a violation of Section 37 <br /> QM)through 37 (V-W) inclusive of this Chapter, or that the vehicle <br /> was stolen prior thereto, said hearing officer shall enter an order <br /> dismissing the proceedings and the vehicle or cash bond shall be <br /> returned without payment or deduction of any penalty and any <br /> towing or storage fees paid by the owner, lessee or lienholder shall <br /> be reimbursed by the City. Any penalty imposed hereby on the <br /> owner of record of any vehicle shall be a debt due and owed to the <br /> City and may be enforced and collected as provided by law. <br /> (vii) In addition to the hearing provided for in the immediately <br /> preceding subsections hereof, every owner whose vehicle is <br /> impounded for a violation of Section 10 of Chapter 73 of the City <br /> Code or Sections 37 QM)through 37 (V-W) inclusive of this <br /> Chapter shall be entitled to a probable cause hearing before a <br /> police shift commander, or designee, on the question of whether <br /> the vehicle was used in violation of said provision. This hearing <br />
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