A. City Policy:
1. Findings: The city council finds that derelict and abandoned vehicles constitute a safety hazard and a public nuisance; are detrimental to the health, safety and welfare of the general public by harboring disease, providing breeding places for vermin, inviting plundering, creating fire hazards, and presenting physical dangers to children and others; produce scenic blights which degrade the environment and adversely affect land values and the proper maintenance and continuing development of the city; represent a resource out of place and an energy loss to the city economy, and require municipal government attention, in order to assure the expeditious removal and recycling of the derelict and abandoned vehicles.
2. Declaration: The city council declares, therefore, that it is the policy of the city to:
a. Prohibit the abandonment of vehicles and the retention of derelicts, and to enforce such prohibition by law while reminding vehicle owners of their own individual responsibility to dispose of such vehicles.
b. Encourage the development of procedures and techniques to facilitate the expeditious removal of derelict and abandoned vehicles from public or private premises.
B. Nuisance Declared; Exception:
1. Definitions: For the purpose of this section, the following words shall have the meaning ascribed to them as follows:
ABANDONED VEHICLE: All vehicles in a state of disrepair rendering the vehicle incapable of being driven in its condition; or any vehicle that has not been moved or used for seven (7) consecutive days or more and is apparently deserted.
DERELICT VEHICLE: Any inoperable, unregistered or discarded motor vehicle, regardless of title, having lost its character as a substantial property and left unattended without justification on the owner's land contrary to the public policy expressed in subsection A of this section.
2. Storing, Parking Or Leaving:
a. Prohibited: No person shall park, store, leave or permit the parking, storing or leaving of any motor vehicles of any kind which as defined in subsection B1 of this section, is a "derelict vehicle" or an "abandoned vehicle", whether attended or not, upon any property, private or public, within the city for a period of time in excess of seventy two (72) hours.
b. Statute Authority: This section relating to the declaration and abatement of nuisances is enacted pursuant to the powers vested in this city by and through the provisions of 65 Illinois Compiled Statutes 5/11-60-2 entitled "definition and abatement of nuisances".
c. Declared Nuisance: The presence of a derelict or abandoned vehicle, or parts thereof, on private or public property is hereby declared a public nuisance which may be abated as such in accordance with the provisions of this section.
d. Applicability: This section shall also apply to abandoned or derelict vehicles covered with a tarp, canvas, plastic or other such soft covering. There is a rebuttable presumption that probable cause exists to believe an abandoned or derelict vehicle exists under a tarp, canvas, plastic or other such soft covering if a person of reasonable intelligence observes a tarp, canvas, plastic, or other such soft covering, covering items that a person reasonably believes to be personalty.
e. Exception: This section shall not apply to any vehicle enclosed within a building on private property or to any vehicle stored or parked on the premises of a business enterprise, actively operated with an office on the subject premises, and being properly operated in the appropriate business zone, pursuant to the zoning and licensing ordinances of the city or to any motor vehicle in operable condition specifically adapted or designed for operation on drag strips or raceways.
3. Notice To Remove: Whenever it comes to the attention of the police department that any nuisance as defined in subsection B1 of this section exists in the city, a notice in writing giving notice of the existence of the nuisance and demanding its removal shall be given as provided in subsection B5 of this section.
4. Responsibility For Removal: Upon proper notice and opportunity to be heard, the owner of the derelict or abandoned vehicle and the owner or occupant of the private property on which the same is located, whichever party having been so notified, shall be responsible for its removal. In the event of removal and disposition by the city, the owner or occupant of the private property where same is located shall be liable for the expenses incurred.
5. Notice Procedure: The police department, or agent thereof, of the city shall give notice of removal to the registered owner of the vehicle, if said owner can be ascertained and to the owner or occupant of the private property where said vehicle is located at least seven (7) days before the time of compliance. It shall constitute sufficient notice when a copy of same is posted upon the vehicle itself or on a conspicuous place upon the private property on which the vehicle is located and duplicate copies are sent by registered mail to the registered owner of said vehicle if said owner can be ascertained and to the owner or occupant of the private property at his/her last known address.
6. Content Of Notice: The notice shall contain the request for removal within the time specified in this section, and the notice shall advise that upon failure to comply with the notice to remove, the city or its designee shall undertake such removal with the cost of removal to be levied against the owner or occupant of the property. (1997 Code)
7. Request For Hearing: The persons to whom the notices are directed, or their duly authorized agents, may file a written request for hearing before the derelict vehicle appeals committee, within the seven (7) day period of compliance, prescribed in subsection B5 of this section for the purpose of defending the charges by the city. The derelict vehicle appeals committee shall be composed of the person requesting notice and police commission to be appointed by the mayor for a period of one year for each term. (1997 Code; amd. Ord. 0-15-001, 3-24-2015)
8. Procedure For Hearing: The hearing shall be held as soon as practicable after the filing of the request and the persons to whom the notices are directed shall be advised of the time and place of said hearing at least three (3) days in advance thereof. At any such hearing the city and the persons to whom the notices have been directed may introduce such witnesses and evidence as either party deems necessary.
9. Removal Of Vehicle: If the violation described in the notice has not been remedied within the seven (7) day period of compliance, or in the event that a notice requesting a hearing is timely filed, a hearing is had, and the existence of the violation is affirmed by the derelict vehicle appeals committee, then the chief of police or his/her designee shall have the right to take possession of the derelict or abandoned vehicle and remove it from the premises. It shall be unlawful for any person to interfere with, hinder or refuse to allow such person to enter upon private property for the purpose of removing a vehicle under the provisions of this section.
10. Notice Of Removal: Within forty eight (48) hours of the removal of such vehicle, the chief of police shall give notice to the registered owner of the vehicle, if known, and also to the owner or occupant of the private property from which the vehicle was removed that said vehicle has been impounded and stored for violation of this section. The notice shall give the location of where the vehicle is stored and the costs incurred by the city for removal.
11. Disposition Of Vehicles: Removed vehicles shall be impounded until lawfully claimed or disposed of in accordance with the disposal procedures of 625 Illinois Compiled Statutes 5/4-203.
12. Penalty: Any person violating any of the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be subject to penalty as provided in section 1-4-1 of this code and ordered to make restitution for the vehicle removal and storage costs. Each act in violation of any of the provisions hereof shall be deemed a separate offence. A violation of this section shall be charged by the issuance of a citation by the police department, as with other motor vehicle violations. (1997 Code)