§ 54-142. Immobilization/towing and impoundment.

Any motor vehicle may be immobilized or towed and impounded if:

(1)

The traffic compliance administrator has determined that a person has been found to be liable for five or more vehicular parking violations, compliance violations, or automated traffic law violations, or any combination thereof totaling five violations, the fines and penalties for which remain unpaid,

(2)

The person determined to be liable for the five or more violations is the registered owner of a motor vehicle that is located within the corporate limits of the village at the time of immobilization, towing or impoundment; and

(3)

A notice of impending vehicle immobilization has been sent to the registered owner of the motor vehicle, by first class United States mail, postage prepaid, at the address recorded with the Secretary of State, or if any notice of impending vehicle immobilization to that address is returned as undeliverable, a notice of impending vehicle immobilization has been sent, by first class United States mail, postage prepaid, to the last known address of the registered owner of the vehicle recorded in a United States Post Office approved database. Service of a notice of impending vehicle immobilization under this section shall be deemed complete as of the date of deposit in the United States mail. The notice of impending vehicle immobilization shall contain the following:

a.

The name and address of the registered owner of the motor vehicle;

b.

That final determinations of liability have been made on five or more vehicular parking violations, compliance violations, or automated traffic law violations, or any combination thereof totaling five violations, the fines and penalties for which remain unpaid;

c.

A list of the violations for which the person has been determined to be liable, which shall include for each violation:

1.

The vehicular parking violation, compliance violation, or automated traffic law violation notice number;

2.

The date of issuance; and

3.

The total amount of fine and penalty assessed;

d.

That any vehicle registered to the person named in the notice of impending vehicle immobilization that is parked on the public way within the Village of Brookfield, is subject to immobilization and/or towing or impoundment unless:

(i)

All fines and penalties as specified in the notice of impending vehicle immobilization are paid in full; or

(ii)

The registered owner timely requests a hearing on the village's intent to immobilize;

e.

That the registered owner may contest the validity of the notice of impending vehicle immobilization by completing and signing the "request for hearing" portion of the notice of impending vehicle immobilization and by filing the request for hearing with the traffic compliance administrator within 14 calendar days of the date of the notice. No hearing shall be held if the request for hearing is untimely.

(4)

The motor vehicle of the registered owner to whom notice is sent has failed to make payment of the fines or penalties as specified in the notice and no timely request for hearing has been filed with the traffic compliance administrator to contest the validity of the notice.

( Ord. No. 2012-26, § 2(36-21), 4-23-2012 )