(A) The Grundy County Sheriff, his or her deputies, or the other person designated by the Sheriff, is authorized to enter onto public or private lands and to remove therefrom any motor vehicle or trailer stored in a manner which is in violation of this chapter. The Grundy County Sheriff, his or her deputies, or the other person designated by the Sheriff or the other person designated by the village, is authorized to enter onto public or private lands and to remove therefrom any trash, refuse, appliance, or furniture as described herein.
(B) Any vehicle or trailer so removed shall be impounded until lawfully claimed or disposed of as provided for by law, and the provisions of this chapter, provided, however, that no vehicle shall be so removed and impounded unless notice as required herein is first provided 10 days prior to removing the vehicle, provided, however, that for notices which are mailed the notice will be deemed given on the date the notice is actually postmarked.
(C) The notice required in division (B) above shall be given by any duly designated representative of the village as follows:
(1) Affixing a notice of removal of the vehicle, or in the case of other property by affixing notice to the property, or if the notice cannot reasonably be attached thereto by posting notice on the premises;
(2) Sending notice of removal via U.S. mail to the owner of the vehicle, or other property, where the identity and location of the person can be reasonably ascertained; and
(3) Where the vehicle or other property is located on private property by sending notice of removal to the owner thereof as shown by the records of the assessor of the county in which the property is located.
(D) Owners may request a pre-removal hearing:
(1) Prior to removing any property under this chapter the owner shall be given the right to a pre-removal hearing to determine whether probable cause exists to find the property is being stored in violation of this chapter. The request shall be in writing to the Village Clerk, and must be received by the Clerk prior to the expiration of the 10-day notice period. If such a request is received the property shall not be removed until the hearing is actually held and a determination of probable cause made;
(2) Where no request for hearing is received prior to the expiration of the 10-day notice period this right shall be deemed waived;
(3) Pre-removal probable cause hearings shall be held at the Village Hall at a reasonable time prior to removal of the property. The hearing officer shall be the Village Building Inspector and the person is hereby appointed as administrative hearing officer for that purpose, and the hearing officer shall hear relevant evidence from the property owner, and may also consider evidence from other persons with relevant information, or in the form of a written report or photographs provided by a city employee or the Sheriff; and
(4) Where the hearing officer determines that no probable cause exists to find a violation of this chapter the property shall not be removed. Where the hearing officer determines that probable cause does exist to find a violation of this chapter the property may be removed after the expiration of the notice period.
(E) The Village Building Inspector, or Grundy County Sheriff, may enter upon private property at any reasonable hour for the purpose of inspecting property to determine if a violation of this chapter exists where reasonable suspicion exists to believe the violation will be found thereon, or for the purpose of posting notices as required by this chapter
(Ord. 2002-04A, passed - -2002)