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In accordance with City of Carbondale Ordinance 18-12-15, Towing and Impounding of Vehicles Involved in a Crime, I request an Administrative Hearing to determine the validity of the impoundment in regards to the aforementioned ordinance.
By checking the "I agree" box below, you agree and acknowledge that 1) your application will not be signed in the sense of a traditional paper document, 2) by signing in this alternate manner, you authorize your electronic signature to be valid and binding upon you to the same force and effect as a handwritten signature, and 3) you may still be required to provide a traditional signature at a later date.
Within 10 days after a motor vehicle is seized and impounded pursuant to CRC Section 18-12-15, the City shall notify, by personal service or first class mail – return receipt requested, to the owner of record/person of interest, the right to a hearing before the administrative hearing officer, along with the date, time and location of the hearing, to challenge whether a violation of the Section has occurred. The owner of record/interested person shall also be notified of the continued impoundment of the vehicle as provided in this Section unless the owner of record/interested person posts with the City a cash bond in the amount of the level 1 or level 2 administrative fee offense, plus fees for towing and storing the vehicle. The hearing must be scheduled and convened no later than 45 days after the mailing of the notice or issuance of the notice of hearing when requested.
If, after the hearing, the administrative hearing officer determines by a preponderance of the evidence that the vehicle was used in violation of an offense listed in the Section, the administrative hearing officer shall enter an order finding the owner of record of the vehicle liable to the City for the applicable administrative fee.
If, after the hearing, the administrative hearing officer does not determine by a preponderance of the evidence that the vehicle was used in violation of an offense listed in the Section, the administrative hearing officer shall enter an order finding for the owner and for the return of the motor vehicle and or the administrative fees if already paid, and the payment or reimbursement for any associated towing and storage fees.
If the owner of record fails to appear at the hearing, he/she shall have been deemed to have waived his/her right to a hearing.
The owner of record/interested person is defined as the recorded title holder or lien holder of the vehicle as registered with the Illinois Secretary of State or the particular state where the motor vehicle is registered.
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