Any motor vehicle which has received three or
more appearance tickets for improper or illegal parking within the
Village, which tickets shall not have been dismissed, paid or otherwise
disposed of for 90 days from the issuance thereof, shall be subject
to impound as set forth hereinafter:
A. Upon written notice from the Clerk of the Village
Justice Court that the owner or operator of any motor vehicle has
failed to appear plead or dispose of three or more appearance tickets
for a period of time in excess of 90 days from the issuance thereof,
the Village Clerk shall impound and take into possession such motor
vehicles, whenever the same may be found within the municipal limits
of the Village.
B. Any such motor vehicle so impounded shall be removed
to such garage or parking facility as shall have been approved by
the Board of Trustees of the Village and shall remain at such facility
until removed by or at the direction or consent of the Village Clerk.
C. Prior to removing a motor vehicle from such impound
facility, the registered owner thereof shall first be required to
pay to the Clerk of the Village Court:
(1) The full amount of all fines and penalties assessed
by the Traffic Violations Bureau.
(2) The actual costs and charges of towing and storage
of such motor vehicle.
(3) Court costs in a sum equivalent to $25 for each unpaid
appearance ticket, in addition to all other fines, costs and penalties.
D. The Clerk of the Village Court shall give written
notice by certified mail, return receipt requested, to the registered
owner of any motor vehicle so impounded. Such notice shall be directed
to the last registered owner and the last known address of such owner
as may appear on the records of the Department of Motor Vehicles.
Such notice shall advise the registered owner of the impounding of
such motor vehicle and the further advice that said motor vehicle
may be sold to satisfy outstanding fines, costs and penalties. If
the name and address of any lienholder shall appear on the records
of the Department of Motor Vehicles, notice shall likewise be given
to any such lienholder.
E. Not less than 20 days after service of the notice required in Subsection
D hereof, the Village Clerk shall cause a notice of sale to be placed in the official newspaper of the Village, which notice shall be placed in the official newspaper of the Village, which notice shall advertise the public sale of the subject motor vehicle on the front steps of Village Hall, at a date and time to be specified in such notice. The motor vehicle shall be sold subject to any liens thereon existing. The proceeds of such sale shall be applied first to the expenses of sale and thereafter to the fines, costs and penalties assessed against said vehicle. Any balance thereafter remaining shall be deposited with the Village Clerk to the credit of the registered owner of the vehicle, to be released to such owner upon proper application therefor. A copy of the notice of sale, containing all of the information set forth herein, shall be mailed to the registered owner in the same manner as required by Subsection
D hereof.