A. Penalties: Any person who violates any of the above sections of this article or who aids and abets in that violation:
1. Shall be subject to a mandatory fine of two hundred dollars ($200.00); and
2. Shall be required by the court to make a disposition on the abandoned or unclaimed vehicle and pay all towing, storage, and processing charges and collection costs; and
a. Towing fee (actual cost); and
b. Storage fee (see section 8.12.190 of this article).
B. Presumptions:
1. When a vehicle is abandoned, it shall be presumed that the last registered owner is responsible for the abandonment and shall be liable for all towing, storage, and processing charges and collection costs, less any amounts realized in the disposal of the vehicle. The last registered owner's liability for storage fees may not exceed a maximum of thirty (30) days' storage fees. The presumption established under this subsection may be rebutted by a showing that, prior to the time of the tow:
a. A report of vehicle theft was filed with respect to the vehicle; or
b. The vehicle was sold or transferred, and the last registered owner provides the village of Beach Park with the correct identity and address of the new owner at the time of the sale or transfer.
2. If the presumption established under this subsection is rebutted, the person responsible for theft of the vehicle or to whom the vehicle was sold or transferred is liable for all towing, storage, and processing charges and collection costs.
C. Additional Remedies: In addition to or in lieu of removal of such inoperable or abandoned vehicle, the corporate authorities may precede in any and all manners allowable by law and throughout this village code, including, without limiting the generality thereof, the following:
1. Seeking to impose a monetary penalty by instituting an ordinance enforcement action. The penalty shall be in an amount not less than those established in section 8.12.190 of this chapter and not more than seven hundred fifty dollars ($750.00). For purposes of this subsection, and in determining the appropriate amount due hereunder:
a. A separate offense shall be deemed committed on each day during or on which the violation occurs or continues.
b. All violations of any provision of this article that are committed by the same person, or any firm controlled by such person, shall be counted, regardless of whether or not the violations occur at the same location.
c. Any finding or plea of guilty or no contest upon a citation shall be deemed a violation.
2. Seeking to enjoin the continuation of the nuisance by the filing of a lawsuit in a court of competent jurisdiction. (Ord. 2004-O-04 § 4)