A. Definitions:
ABANDONED AUTOMOBILE: A motor vehicle, whether on public or private property, with no current valid state registration, no current city of Batavia vehicle sticker, a motor vehicle left unattended on a highway or public property for a period in excess of twenty four (24) hours, a motor vehicle not removed after its involvement in a collision, an unattended motor vehicle located on a highway or public property which has sustained acts of vandalism, a motor vehicle, wherever located, from which, for a period of at least seven (7) days, the engine, wheels or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power. This shall not include registered historic vehicles or a motor vehicle on the premises of a place of business engaged in ordinary service or repair operations for a reasonable period of time, if such business premises is properly zoned.
JUNK, TRASH AND REFUSE: Includes any and all waste matter, whether reusable or not, which is offensive to the public health, safety or to the aesthetics of the neighborhood, which is not within a closed building, and is specifically intended to include, but not be limited to, wrecked, disabled and/or abandoned automobiles, trucks, tractors, machinery and/or motor vehicles of any kind, any parts thereof, old refrigerators, stoves, washers, dryers and/or other appliances. This definition shall not apply to a licensed junkyard which is in full compliance with all ordinances of the city of Batavia. (Ord. 95-85, 10-16-1995)
B. Storing Of Junk Declared A Nuisance: The storing of junk, trash and refuse on private property within the city, where such storage is not authorized under the terms of title 10, "Zoning", of this code, and in any manner not permitted by such zoning title, is declared a nuisance. (1972 Code § 94.001)
C. Notice To Violators:
1. Any police officer or the inspector of the city, upon observing any violation of this section, shall issue a notice directed to the owner of record of the property on which said nuisance occurs, as shown in the records of the recorder of deeds of Kane County, or to the occupant of said property, or to both, which said notice shall describe the violation and shall establish a reasonable time limit for the abatement thereof by such owner or occupant, which time shall be not less than two (2) days nor more than ten (10) days after service of such notice. (1972 Code § 94.010)
2. Any police officer or the inspector of the city shall serve the notice herein provided for upon the owner or occupant of the property where such nuisance exists, or upon both of them, and shall make his return upon a copy of such notice, showing the time of service, the person upon whom it was served, or the manner in which it was served. (1972 Code § 94.020)
D. Complaints By Citizens: Any citizen of the city who observes a violation of this section may file his affidavit setting forth in detail the violation, its location and the name of the owner and occupant of the property on which such nuisance is alleged, and may file such affidavit with the Inspector of the City, who shall make an investigation of such charge, and if such nuisance exists, shall issue a notice to the owner or occupant of the property as provided in subsection C of this Section. (1972 Code § 94.015)
E. Subsequent Investigation Of Compliance: Immediately upon the termination of the time allowed in any such notice for the abatement of such nuisance, the police officer or the inspector of the City who served such notice, or any other police officer or inspector shall investigate to determine whether or not such nuisance has been abated.
F. Procedure Upon Noncompliance: In the event the owner or occupant of the property where such nuisance exists has failed within the prescribed time to abate such nuisance, then the police officer or the inspector of the City who served such notice, or the citizen of the City who filed an affidavit with the inspector, who investigated whether such nuisance had been abated, shall file a complaint charging violation of this Section with the Circuit Court for the Sixteenth Judicial Circuit, or a magistrate thereof, charging violation of this Section and demanding that the owner of the property or the occupant thereof, or both, be punished as herein provided. (1972 Code § 94.030)
G. Prosecution By City: The City shall prosecute all complaints or violations of this Section. (1972 Code § 94.035)
H. Penalty: Any property owner or any occupant of property who allows such storage on the property owned or occupied by him shall be guilty of a misdemeanor punishable by a fine of not less than ten dollars ($10.00) nor more than two hundred dollars ($200.00); and any person who shall neglect to abate and remove such nuisance after notice thereof shall, for each twenty four (24) hours thereafter during which such nuisance continues, be subject to a like penalty as that originally incurred. (1972 Code § 94.999)