§ 10.40.070. Administrative review of seizure and impoundment.

A.

Registered owners of vehicles seized and impounded under this chapter who wish to contest the three-hundred-fifty-dollar administrative fee may do so by appearing in person within five days of the seizure and impoundment to file a written request for an administrative hearing at city hall at the following address:

City of Byron
232 W. Second Street
Byron, IL 61010

B.

All written requests for administrative hearings must include the name of the registered owner, the make, model and license plate of the vehicle, the date seized, the location of the vehicle when seized, and the address and phone number of the registered owner making the request.

C.

The registered owner and/or his/her legal counsel must appear in person at this hearing to contest the administrative fee, regardless of whether the registered owner was the person operating the vehicle at the time it was seized and impounded.

D.

All administrative hearings requested under this chapter shall be held at city hall. A hearing officer shall preside over the proceedings. The hearing officer will determine whether, by a preponderance of the evidence, the vehicle seized and impounded was being used in violation of one of the offenses enumerated in Section 10.40.020 of this chapter. Formal rules of evidence shall not apply at this administrative hearing. The hearing officer shall be an attorney licensed to practice law in this state for a minimum of three years.

E.

The following shall not be considered valid defenses to the administrative fee at the administrative hearing; however this list of invalid defenses is not exclusive:

1.

That the registered owner was not the driver of the vehicle;

2.

That the driver of the vehicle has been adjudicated not guilty of a criminal charge related to the incident;

3.

That a criminal charge against the driver of the vehicle related to the incident has been dismissed or otherwise disposed of.

F.

At the conclusion of the hearing, the hearing officer shall make its ruling and issue a written decision and order reflecting said ruling.

1.

If the hearing officer determines the motor vehicle was used in violation of Section 10.40.020, it shall order the registered owner to pay the city an administrative fee of three hundred fifty dollars in addition to costs incurred by the city for the administrative hearing.

2.

If the hearing officer determines the motor vehicle was not used in violation of one of the offenses enumerated in Section 10.40.020 of this chapter, it shall make a written finding reflecting that determination.

3.

If the hearing officer determines that the motor vehicle was not used in violation of one of the offenses enumerated in Section 10.40.020 of this chapter, and the three-hundred-fifty-dollar administrative fee has been previously paid to the city, the hearing officer shall order the city to issue a full refund. This refund shall be remitted to the registered owner of the vehicle within fourteen business days of the administrative hearing.

G.

The hearing officer does not have the authority to order the refund of the costs assessed by a private towing company; these costs must be paid regardless of the outcome of the administrative hearing. In addition, the ruling of the hearing officer shall have no effect on any pending criminal charges related to the incident for which the vehicle was seized and impounded.

H.

The order of the hearing officer shall be subject to the provisions of the Illinois Administrative Review Law codified at 735 ILCS 5/3-101 et seq. The administrative fee amount shall become a debt due and owing to the city after the period for judicial review has expired.

(Ord. No. 2011-18, § 1, 1-4-2012; Ord. No. 2013-13, § 1, 11-20-2013)