A. Whenever any act prohibited by this chapter is perpetrated, the village enforcement officer shall have the right of authorized removal of the auto concerned by towing at the time the prohibited act becomes violative of this chapter. Whenever any citizen is the victim of an act done in violation of this chapter, he shall have the right to request the village to remove the vehicle as if they had initiated the removal.
B. In lieu of making the determination himself, the village enforcement officer may apply to the circuit court for a determination that a vehicle has been abandoned or is inoperative.
1. The proceeding held pursuant to this subsection B shall be an in rem proceeding against the vehicle.
2. No hearing shall be held on an application under this section until twenty four (24) hours' notice has been given. Notice shall be given by securely fastening to the vehicle a notice, or by notice in writing, stating that a proceeding has begun by the village in a named branch of the circuit court, the hour set for the hearing, and the relief requested from the court.
3. The application to the court shall be verified and shall state facts sufficient to allow the court to make a determination that there is probable cause to consider the vehicle abandoned or inoperative, and that the vehicle is parked in violation of this chapter.
4. In the proceedings under this subsection, the sole questions before the court shall be: Is there probable cause to believe the vehicle is abandoned or inoperable, and, is it parked in violation of this chapter?
5. If the court enters an order finding that there is probable cause to believe the vehicle is abandoned or inoperable and that this chapter is being violated, the village enforcement officer shall thereafter proceed in accordance with this chapter as regards to towing. (Ord. 310, 11-11-2008)