Chapter 472 Seizure and Impounding of Vehicles 

472.01 Vehicles Subject to Seizure and Impounding 
A motor vehicle shall be subject to seizure and impoundment under this ordinance when authorized or implied by law.

472.02 Seizure and Impounding of Vehicles
Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to Illinois law, the police officer shall cause the motor vehicle to be towed to a facility controlled by the Village or its agents. When the vehicle is towed, the police officer shall notify any person identifying himself or herself as the owner of the vehicle and any person who is found to be in control of the vehicle at the time of the alleged violation, of the fact of the seizure, and of the vehicle owner's right to request a preliminary review as provided in this ordinance.

472.03 Release of Vehicle 
Unless otherwise provided by law, the vehicle will be released to the owner er of record upon the payment by the owner of record of the Village's administrative fee and towing and storage costs. The owner of record will be required to present satisfactory evidence that he/she is the owner of the vehicle.

472.04 Preliminary Review 
Where the owner of the motor vehicle seized under the provisions of this ordinance requests, in writing, a preliminary review within forty-right (48) hours after the seizure of the motor vehicle, the Shift Supervisor of the Village Police Department shall conduct a preliminary review at the time of the filing of the written request. If police business prevents the Shift Supervisor from conducting the preliminary review at the time of filing, the preliminary review may be conducted at a later time, but in no case later than twenty-four (24) hours after the request is made. For purposes of this section, the following shall apply:

• The preliminary review is not a hearing at which the owner of record is permitted to present evidence or testimony. The Shift Supervisor shall merely review the circumstances and determine whether or not the issuing officer had probably cause to believe that the vehicle was used in a statutory offence for which seizure and impoundment of the vehicle is permitted.
• If, after the conclusion of the preliminary review, the Shift Supervisor determines that the officer had probably cause, the Shift Supervisor shall order the continued impoundment of the vehicle, unless the owner of the vehicle pays the Village administrative and towing and storage fees herein provided for: If the owner of the vehicle disagrees with the Shift Supervisor's decision, and/or pays the Village's administrative fee and costs of towing and storage under protest, he/she may request, in writing, a hearing pursuant to the procedures set forth in Section 472.05 that follows.
• If the Shift Supervisor determines that there was no probably cause, the motor vehicle will be returned to the owner of record of the vehicle without payment of any fees or costs.

472.05 Owner's Hearing 

• Notice of Hearing. Within the earlier of five (5) days of the vehicle's impoundment, or the Village's receipt of the owner's written request for hearing, the Village shall notify the owner of the motor vehicle by certified mail, return receipt requested, and first class mail, postage prepaid, of the time, date, and location of a hearing that will be conducted to determine whether the Village had probable cause to seize it.
• Hearing.
  • Hearings shall be conducted by the Village's Public Safety Committee.
  • The hearing shall be held within forty-five (45) days after the vehicle was seized by the Village of Elburn Police Department.
  • If, after the conclusion of the hearing, a majority of the members of theCommittee of the Whole determines by a preponderance of the evidence that the vehicle was legally seized and impounded, the Committee shall order the continued impoundment of the vehicle until the owner of the vehicle pays to the Village the Village's administrative fee plus the towing and storage costs.
  • If the owner of record fails to appear at the hearing, the Committee shall enter an order of default in favor of the Village, which order shall ratify the payment to the Village of the Village's administrative fee plus towing and storage fee, including any storage fees that may continue to accrue.
  • If the Committee determines that the vehicle should not have been seized, the motor vehicle shall be returned to the owner of record without payment of any administrative fee or cost of towing and storage; or if the vehicle had previously been returned to the owner, the Village shall refund to the owner the administrative, towing, and storage fees previously paid.

472.06 Unclaimed Vehicles 
If the administrative fee and applicable towing and storage fees are not paid within thirty (30) days after the conclusion of the administrative hearing or within thirty (30) days after an action seeking administrative review has been resolved in favor of the Village, whichever is applicable, the vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed vehicles under the Illinois Vehicle Code.

472.07 Liability for Administrative Fees and Costs 

• The owner of record of a motor vehicle that is seized or impounded shall be liable to the Village for an administrative fee of $250.00 in addition to any fees for the towing and storage of the motor vehicle.
• Fees for towing and storage are established by the towing company, and not by the Village. If the vehicle is stored on premises other than those owned by the Village, the owner of the property shall set a reasonable storage fee which shall not exceed that charged for other vehicle storage. If the Village stores the vehicle, a storage fee of $30 per day shall apply.
• A vehicle impounded pursuant to this ordinance shall remain impounded until the administrative fee and all towing and storage costs are paid. 
• Except as otherwise specifically provided by law, no owner, lienholder, or any other person shall be legally entitled to take possession of a motor vehicle impounded under this ordinance until the penalty and all towing and storage costs applicable under this ordinance have been paid in full.