[Ord. 12-20-1982, § 1]
The towing of motor vehicles by the Village or a contractor
hired by it for such purposes, shall be authorized only by the police
department and only under the circumstances provided in this article.
[Ord. 12-20-1982, § 1]
Motor vehicles may be towed without prior notice to the registered
owner where, in the opinion of a police officer at the scene and the
concurrence of a superior officer:
(a) The motor vehicle creates a traffic, health or safety hazard on public
property;
(b) The motor vehicle is in violation of a posted snow route regulation;
(c) The person legally entitled to possession of the motor vehicle is,
although present at the scene, physically or mentally incapable of
deciding upon steps to be taken to deal with his property;
(d) The motor vehicle has been reported stolen;
(e) The motor vehicle has been used in the commission of a crime and
its retention is necessary as evidence;
(f) The motor vehicle is considered a derelict wherein: It is on public
property and its major components have been removed or damaged to
such extent as to make the vehicle incapable of being driven or useless
to repair, and the vehicle bears no registration or a registration
that has not been current for more than three months.
Notice of a car having been towed shall be given as hereinafter
described.
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[Ord. 12-20-1982, § 1; Ord. 95-39, 11-6-1995, § 1]
Motor vehicles may be towed after notice to the registered owner
and the affording of an opportunity for a hearing in the manner hereinafter
described under the following circumstances:
(a) Where The Motor Vehicle Has Been Abandoned. A motor vehicle parked
in a public place or on private property in view of the general public
and has not been moved for at least seven days shall be deemed to
have been abandoned.
(b) A motor vehicle that has been unlawfully parked in excess of 24 hours.
[Ord. 12-20-1982, § 1]
Notice shall be forwarded by certified mail to the address of the owner of the motor vehicle as indicated in the most current available state registration information. The notice shall specify that the vehicle has been towed or placed on the list to be towed, as the case may be; that the owner is entitled to recovery of the vehicle and/or a hearing, as the case may be; the charges, if any, to date; and the procedure to be followed by the owner in requesting a hearing, if so desired. In the case of towing without prior notice, as authorized by Section
32-70 of this article, notice shall be sent as soon as practicable, but in no event later than two business days after the vehicle has been towed.
[Ord. 12-20-1982, § 1]
The owner or person entitled to possession of the motor vehicle
shall have seven days after the date of mailing of notice to request
a hearing. This request is to be made in writing to the Chief of Police,
or his designee, at the Elmwood Park police building during normal
business hours. A hearing date will then be scheduled at the convenience
of the requesting party and the police department. Towing of the vehicle
shall be delayed pending the outcome of this hearing though in no
case will the Village be required to delay towing more than seven
days after a request for hearing is received. In the event no such
request for hearing is received within the seven-day period, the motor
vehicle may be disposed of in accordance with this article and applicable
law.
[Ord. 12-20-1982, § 1]
The owner or person entitled to possession of the motor vehicle towed without notice as provided in Section
32-70 of this article may request a hearing relative to the propriety of the tow. Said request shall be made in writing to the Chief of Police, or his designee, at the Elmwood Park police building during normal business hours, within 14 days of the mailing date of notification or release of the vehicle, whichever occurs first. A hearing date will then be scheduled at the convenience of the requesting party and the police department.
[Ord. 12-20-1982, § 1]
The owner or person entitled to possession of the motor vehicle
may recover the vehicle through the following three options:
(a) He may pay the towing and storage fees due and redeem the vehicle;
(b) He may request a hearing relative to the propriety of the tow conducted
prior to redeeming the vehicle;
(c) He may request a hearing relative to the propriety of the tow and
redeem the vehicle by making a deposit in the amount of the towing
and storage fees claimed due.
Requests for hearings are to be made in accordance with the
provisions of this article.
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[Ord. 12-20-1982, § 1]
When requested by the owner or other person legally entitled
to possession of the motor vehicle, a hearing shall be conducted by
the Village Manager, or his designee, regardless of whether such request
is pretow or posttow. The hearing shall be conducted at the Elmwood
Park administration building and shall be scheduled during normal
business hours either within the business week during which the request
for hearing was made or the business week immediately following the
request. The Village Manager or his designee may grant a continuance
of the hearing date, however, no continuance shall exceed 30 days.
The jurisdiction of said hearing officer is to determine the
propriety of the tow: If the tow or removal was proper under this
article, then redemption of said vehicle shall be allowed upon the
payment of the towing and storage fees incurred by the Village; if
improper, under this article, then the owner shall redeem said vehicle
without assessment of costs.
The hearing officer shall make his finding, in writing, with a brief description of the facts and designating the violation under Section
32-70 or
32-71 of this article specifying the subsection thereunder.
Appeal of the finding made by said Hearing Officer shall be
under the Administrative Review Act of the State of Illinois, 735
Illinois Compiled Statutes 5/3-101 et seq.
[Ord. 12-20-1982, § 1]
Disposal of unclaimed motor vehicles shall be done in accordance
with the provisions of 625 Illinois Compiled Statutes 5/4-201 et seq.,
or as may hereafter be provided.
[Ord. 12-20-1982, § 1]
The provisions set forth in this article shall not apply in
those circumstances in which a motor vehicle is towed upon the request
of, or, with the consent of the owner or other person legally entitled
to possession of the motor vehicle.
[Ord. 93-67, 9-20-1993, § 1]
Any vehicle towed or otherwise impounded by the Village shall be subject to a storage fee of $15 for each day or any fraction thereof during which said vehicle was stored by the Village. Storage fees shall be paid in full prior to the return of any motor vehicle to the owner or other person legally entitled to possession of the motor vehicle, unless otherwise determined pursuant to Section
32-76 of this article.