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City of Bloomington Post Tow Hearing Clause

Chapter 29 : Section 226 : Post Tow Hearing.

(a)     Any vehicle owner or operator whose vehicle is towed pursuant to this Ordinance may, within thirty (30) days of the towing, in lieu of paying the relocator for storage and towing, post a bond equal to the storage and towing fees with the City Clerk. Upon posting said bond, the relocator shall release the vehicle towed. (Ordinance No. 1979-102)

(b)     Within ninety-six (96) hours of the posting of the bond, the City Manager or his designee shall preside over an administrative hearing at which time the vehicle owner or operator may plead facts indicating by a preponderance of the evidence that:

(1)     The signs, if required in Section 223, were not posted or were not readable at the time the owner left the vehicle; or

(2)     The vehicle was mistakenly towed, i.e. the owner or operator had the permission of the property owner to park; or

(3)     Other circumstances indicating that the owner or operator was without fault in parking the vehicle in the location from which it was towed.  (Ordinance No. 1979-102)

(c)     Notice of said hearing shall be given to the property owner and relocator as well as to the vehicle owner or operator. (Ordinance No. 1979-102)

(d)     If the City Manager or his designee determine that the vehicle owner or operator has met the burden of proof, then he shall order the bond to be returned to the vehicle owner or operator. (Ordinance No. 1979-102)

(e)     If the City Manager or his designee determine that the vehicle owner or operator has not met the burden of proof, then he shall order the bond to be sent to the towing company. (Ordinance No. 1979-102)

 (f)     If no claim is made upon the vehicle within thirty (30) days of the towing, and an attempt has been made to contact the owner of the vehicle, the vehicle may be considered an abandoned vehicle and disposed of as provided in the Illinois Vehicle Code. (Ordinance No. 1979-102).

* information contained within is deemed correct as of the date of site publication.  Joe's Towing & Recovery does not warrant the accuracy of this information and does not offer legal advise.

For more information, please view the ordinance at the City of Bloomington.