§ 54-144. Post immobilization/towing notice.  


Latest version.
  • (a)

    Upon immobilization of an eligible vehicle, a notice shall be affixed to the vehicle in a conspicuous place. The notice shall contain the following:

    (1)

    A warning that the vehicle is immobilized and that any attempt to move the vehicle may result in damage to the vehicle;

    (2)

    That the unauthorized removal of or damage to the immobilizing restraint [is] may be prosecuted as a violation of Section 16-1 and 21-1 of the Illinois Criminal Code and of this Code and that any person damaging the restraint is subject to a fine of up to $750.00 plus the cost of repair or replacement under section 17-47 of this Code; and

    (3)

    Information specifying how release of immobilizing restraint may be had and how the registered owner may obtain a post-immobilization hearing.

    (b)

    In addition, the traffic compliance administrator shall serve a post immobilization/towing notice upon the registered owner of a vehicle immobilized or towed and impounded sent by first class United States mail, postage prepaid, at the address recorded with the Secretary of State, or if any post immobilization/towing notice to that address is returned as undeliverable, a post immobilization/towing notice may be 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 post immobilization/towing notice under this section shall be deemed complete as of the date of deposit in the United States mail. The notice shall contain the following information:

    (1)

    The date of immobilization or towing and date of impoundment;

    (2)

    The location of vehicle;

    (3)

    That the vehicle was immobilized under section 54-142 of this Code for non-payment of fines or penalties assessed for five or more vehicular parking violations, compliance violations or automated traffic law violations, or any combination thereof totaling five violations, for which there has been a final determination of liability and for which the registered owner was previously notified of impending immobilization or towing and impoundment; and

    (4)

    That the registered owner has the right to a prompt administrative hearing to contest the validity of the immobilization or towing and impoundment, without the requirement first paying payment of the outstanding fines and penalties for which final determination has been made, by completing and signing the "request for hearing" portion of the notice and filing the request for hearing with the traffic compliance administrator within 14 calendar days of the date of the notice.

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