Any vehicle abandoned in violation of this chapter shall be disposed of in accordance with this section or as otherwise allowed by law.
(A) Identifying and tracing vehicle ownership.
(1) Upon receiving notification of or otherwise discovering an abandoned vehicle, the village shall, if it does not already know the identity of the registered owner or other person legally entitled thereto, cause the vehicle and license registration records of the Secretary of State of the State of Illinois, or foreign state if applicable, to be searched utilizing the vehicle identification number and license plate year and number displayed on the vehicle, if any.
(2) The owner of such vehicle as disclosed from such search shall be the owner of such vehicle for the purposes of the disposition of such vehicle.
(3) The village shall further cause the motor vehicles files of the State Police to be searched by a directed communication to the State Police for stolen or wanted information on the vehicle.
(4) When the State Police files are searched with negative results, the information contained in the National Crime Information Center (NCIC) files shall be searched in accordance with state law by the State Police.
(5) When the registered owner or other person legally entitled to the possession of a vehicle cannot be identified from the registration files of the State of Illinois or from the registration files of a foreign state, if applicable, the village shall so notify the State Police for the purpose of identifying the vehicle owner or other person legally entitled to the possession of the vehicle.
(B) Notification of owner.
(1) (a) When the identity of the owner or other person legally entitled to an abandoned vehicle is known or has been determined in accordance with division (A) above, the village shall cause such owner or other person to be given notice that such vehicle has been determined to be an abandoned vehicle in violation of this chapter and that unless such vehicle is removed within five days from the date such notice is mailed, postage prepaid, by certified mail, the vehicle will be towed and impounded in accordance herewith, and the owner will be charged with having violated this chapter.
(b) The village may cause, but is not required to personally serve such notice on such owner or other person, and need not establish whether such notice is actually received if mailed.
(c) In those instances where the certified notification specified herein has been returned by the postal authorities to the village due to the addressee having moved, being unknown at the address obtained from the registration records of the state, or having refused delivery, the sending of a second certified notice is not required.
(d) A copy of such notice shall also be served upon any lienholder if the same has been disclosed by the title search required above.
(e) The notice required by this section may be in substantially the following form:
Date:
TO: The Village has determined that a certain vehicle registered in your name (or to which you are legally entitled) is abandoned within the meaning of the Abandoned Vehicle Ordinance of the Village of Bowen. The vehicle was found and is now located at ______________ in the Village of Bowen. It is described as follows: Year of Manufacture: Manufacturer’s Trade Name: Manufacturer’s Series Name: Body Style: Color: Vehicle Identification Number: License Plate Year and Number: This vehicle will be towed, impounded and disposed of by the Village of Bowen if the vehicle is not removed within five (5) days from the date of this notice. You may be charged with violating such ordinance and will be charged with the costs incurred by the Village in enforcement of the ordinance, including towing fees, attorney fees, court costs and Village employee time. NOTE: Removal of the vehicle to another location (on the right-of-way or on private property) will not abate the nuisance unless the vehicle is kept in an enclosed building or removed to another lawful storage area. In the event that you disagree with the detennination that the vehicle is an abandoned vehicle, you are entitled to a ìearing on this determination. You are required to file a written request for a heatjng within five (5) days of the date of this notice with the Village of Bowen which will promptly review the matter with you and consider whatever pertinent infonnation you wish to present. The decision of the Mayor is final. VILLAGE OF BOWEN, By: Mayor |
(2) When the identity of the owner or other person legally entitled to an abandoned vehicle is not known and has not been determined in accordance with the provisions hereof, and in addition to the notice required above when the identity of the owner or other person legally entitled to a vehicle is known, the village shall cause a prominent notice to be placed on the abandoned vehicle stating that the vehicle has been determined to be abandoned in accordance with the abandoned vehicle ordinance of the village and that it will be towed and impounded unless removed within five days from the date the notice was posted. The date the notice is posed shall be endorsed on the notice, the person posting such notice and the telephone number of the village at which information may be obtained relative to the notice. The village shall further cause the owner or party in possession on private property on which the vehicle is located to be informed that the vehicle will be towed and impounded after five days. Such private property owner shall have all rights of review under this chapter if such private property owner is a person legally entitled to such vehicle. Notice to the owner or party in possession is informational only and not jurisdictional.
(C) Review of determination. When a vehicle has been determined to be an abandoned vehicle within the meaning of this chapter, the owner thereof or other person legally entitled thereto shall have the right to have such determination reviewed in accordance with this division (C).
(1) Request for hearing. Any owner of or other person legally entitled to a vehicle determined to be an abandoned vehicle withing the meaning of this chapter may, within five days of the notification required under § 92.04(B) of this chapter is mailed or personally delivered, as the case may be, file a written request with the village that review such determination stating the reason or reasons why such vehicle is not an abandoned vehicle within the meaning of this chapter. Within seven days of such written request, the Mayor shall review such determination giving the owner or other person an opportunity to personally be heard and present whatever information as such owner or other person considers pertinent. After reviewing such determination, the Mayor shall render a written decision thereon which shall be promptly mailed, postage prepaid, to such owner or other person, or delivered personally as stated heretofore. The Mayor may designate a committee of a member or members of Village Board of Trustees to assist with his or her duties under this section.
(2) Stay of towing and impounding. Pending any judicial review of a determination that a vehicle is an abandoned vehicle within the meaning of this chapter, any such vehicle shall not be towed or impounded, except as is permitted for emergency tows.
(D) Towing and impounding of vehicles. Subject to review of any determination pursuant hereto that a vehicle is an abandoned vehicle within the meaning of this chapter, such abandoned vehicle may be towed and impounded after a waiting period of five days or more from the date the notification required pursuant to this section has been mailed or delivered, as the case may be. The Mayor, or his or her designate, shall authorize a towing service to remove and take possession of the abandoned vehicle. The towing service shall safely keep the towed vehicle and its contents, maintain a record of the tow until the vehicle is claimed by the owner or any other person legally entitled to possession thereof, or until it is disposed of as provided in this chapter. When any vehicle is authorized to be towed away, the village shall keep and maintain a record of the vehicle towed, listing the color, year or manufacture, manufacturer’s trade name, manufacturer’s series name, body style, vehicle identification number and license plate year and number displayed on the vehicle. The record shall also include the date and hour of the tow, the location towed from, the location towed to, the reason for towing and the name of the officer authorizing the tow.
(E) Reclaiming vehicles. At any time before a vehicle is sold at public sale or disposed of as provided in this chapter, the owner or other person legally entitled to its possession may reclaim the vehicle by presenting to the village proof of ownership or proof of the right of possession of the vehicle. No vehicle shall be released to the owner thereof or other person entitled thereto until and unless such owner or other person has paid all towing, storage and processing charges assessed by this chapter on account of such vehicle.
(F) Disposal of unclaimed vehicles. Abandoned vehicles which have been towed and impounded shall be disposed of in accordance with this division (F).
(1) Disposal with notice. Whenever an abandoned vehicle, seven years of age or newer; remains unclaimed by the registered owner or other person legally entitled to its possession for a period of 30 days after notice has been given by mail or delivered as provided herein, the village shall cause such vehicle to be sold at public sale to the highest bidder. Notice of the time and place of the sale shall be posted in a conspicuous place for at least ten days prior to the sale on the premises where the vehicle has been impounded. At least ten days prior to the sale, the village, or the towing service where the vehicle is impounded, shall cause a notice of the time and place of the sale to be sent by certified mail to the registered owner or other person known by the village or the towing service to be legally entitled to the possession of such vehicle. Such notice shall contain a complete description of the vehicle to be sold and what steps must be taken by any legally entitled person to reclaim the vehicle. Whenever an abandoned vehicle more than seven years of age is towed or impounded, it may be sold as provided above or disposed of as junk only at the discretion of the Mayor, or his or her designate.
(2) Disposal without notice. When the identity of the registered owner or other person legally entitled to the possession of an abandoned vehicle of seven years of age or newer cannot be determined in accordance with this section, the vehicle may be sold as provided in division (F)(1) above, but without notice of the time and place of the sale being mailed to the registered owner or other person legally entitled to the possession of the vehicle. Whenever an abandoned vehicle more than seven years of age is towed and impounded, it may be sold as provided above or disposed of as junk only at the discretion of the Mayor, or his or her designate.
(G) Proceeds of sale. When a vehicle located within the village is authorized to be towed, impounded and disposed of as set forth in this chapter, the proceeds of the public sale or other disposition, after the deduction of towing, storage and processing charges, shall be deposited in the village’s treasury.
(H) Village reports. When a vehicle in the custody of the village is reclaimed by the registered owner or other legally entitled persons, or when the vehicle is sold at public sale or otherwise disposed of as provided in this chapter, a report of the transaction shall be maintained by the village for a period of one year from the date of the sale or disposal.
(Ord. 322, passed 7-14-2014)