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2014-10-06 - Ordinance 2014-070 - ADDING CHAPTER 10.22, VEHICLE IMMOBILIZATIONRRIMMURMERMINA 0", 0 11111111 1711111111ii Ili I 111 MI �11 I I I i, � I 10 TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKJ COUNTIES, ILLINOIS, as follows: Section 1. Chapter 10.22, Vehicle Immobilization, is hereby added to the Village • Buffalo Grove MuniciGtal Code, additions bei indicated bVA underlined text.. so that Cha%ter 10.22, shall hereafter provide as follows: Chapter 10.22 10.22.010 Immobilization. 10.22.020 Notice of eligibility for immobilization. 10.22.030 Challenging validity of immobilization notice. 10.22.040 Pre-tow or pre-immobilization hejELng, 0�1 10.22.010 Immobilization. A. A program of vehicle immobilization shall be instituted whereby eligible vehicles shall be immobilized by towing or the placement of a restraint in a manner such as to prevent their operation. A vehicle shall be cliaible for immobilization under the followin criteria- 1. The reaistered owner of the motor vehicle has accumulated five or more IMF M• 110 and 'A The mntnr vehirhe is nn .9 niihlip. wnv 10.22.020 Notice of eligibility for immobilization. A. Written notice sent to the registered owner shall contain information advising the owner of the notice of eligibility for immobilization in the event the violations are not Raid. B, Written notice of eligibility for immobilization sliall be sent by first-class mail, postage prepaid, to the registered owner of the motor vehicle. at the address to which the motor vehicle is registered, at least 21 days prior to placing the registration plate number on the immobilization eligibility list. Notice shall be sent as follows: 1. The address of the registered owner shall be determined from the records of the Illinois Secretary of State, or izi the case of a vehicle bearing a registration number of state other than Illinois, from the records of that state's reg istry of motor vehicles; � � IM re M " M- MI 11 MW IM re ". 170,71 "IS F 54 1 MCMI 0 10.22.030 Challenainz validity of immobilization notice. A. A challenge of the validity of the notice of eligibility for immobilization must be submitted in writing to the Village Traffic Compliance Administrator. The challenge shall only be based on grounds which would C011CILISively disprove liability, such as: 1. The person was not the owner or lessee of the motor vehicle on the date or determinations of -oarkinu. standine. or com-oliance or traffic law violations. 10.22.040 Pre-tow or Pre-immobilization hearing. immobilization. Should no challenge ge be made, or a-determination that five or more of the Parkin violations are unpaid be rendered within the 21 -day period contained in Section N 10.22.020, the State registration number of the vehicle shall be placed on the immobilization list and immobilization shall proceed as follows: outstanding violations -listed in the notice of eligibility for immobilization; 2. Pay a deposit of all oUtStand i ny, monies due the Village and request a hearing as authorized pursuant to the Buffalo Grove Municipal Code. In the event said hearings are not requested or owner fails to appear at the hearing, the deposit shall be Used to Pay all of the outstanding fines and penalties for the violations listed in the notice of eligibility. 3. Reauest a pro mpt hearing for release of the vehicle. 4 Any vehicle that is immobilized pursuant to this Chapter may be towed at the vehicle owner's expense pursuant to the towing procedures established by the Buffalo Grove Police Department. 10.22.060 Notice Of iMDOundmet. The notice of impoundment shall state that the owner has a right to a hearing and elease is not obtained within 30 days. the vehicle will be considered an abandoned 10.22.070 Immobilization fees, deposits, and post-tow or post-immobilization hearing. A. The registered owner of a vehicle already immobilized or towed and impounded pursuant to this Chapter, shall have the right to a prompt administrative hearing without the reauirement of navi-nent of the outstanding, fines and penalties for which final determination has been made. B. The traffic compliance administrator shall serve a post immobilized hearing notice upon the registered owner of a vehicle immobilized or towed and impounded and the notice shall contain the following infonnation: 2. Location of vehicle. MIMMEN12aff WMI 11♦60 MIITWKM111 B11011YANIEwdlowelm Sri I Equawfolow"Imur 'M I 11%j a U IL.UTA &-I lei I K91 M I 11 Section 3. This ordinance shall ► in full force and effect from and after its passage, approval, and publication as of January 1, 2015. This ordinance may be published in pamphlet fonn. NAYE: 0 - None ABSENT: 0 - None PASSED: October 6, 2014 APPROVED: October 6, 2014 PUBLISHED: October 7. 2014 Village Clerk M FEW 9 -110-w man,Village President