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(a) Definitions. The following words or terms, when used in this section, shall be deemed to have the meanings set forth hereinafter:
(1) "Junk" shall include, without limitation, parts of machinery or motor vehicles, broken and unusable furniture, stoves, refrigerators or other appliances, remnants of wood, metal or any other cast-off material of any kind, whether or not the same could be put to any reasonable use.
(2) "Junk motor vehicle" shall include, without limitation, any vehicle which is not licensed for use upon the highways of the State for a period in excess of sixty days, and shall also include, whether licensed or not, any motor vehicle which is inoperative for any reason for a period in excess of sixty days, provided that there is excepted from this definition unlicensed but operative vehicles which are kept as the stock in trade of a regularly licensed and established dealer in new or used automobiles or other motor-ized vehicles. In addition, the time limit such vehicles may remain upon the premises of a motor vehicle repair garage shall be a period of 120 days, rather than sixty days, with an extension of an additional thirty-day period upon presentation to the enforcing officer of written proof that the offending vehicle is involved in insurance claim litigation or a similar matter and that additional time is required for settlement before a vehicle can be moved.
(3) "Abandoned vehicle" shall include, without limitation, any vehicle which has remained on private property for a period of forty-eight continuous hours, or more, without the consent of the owner or occupant of the property, or for a period of forty-eight continuous hours or more after the consent of the owner or occupant of the property has been revoked.
(4) "Building materials" shall include, without limitation, lumber, brick, concrete or cinder blocks, plumbing materials, electrical wiring or equipment, heating ducts or equipment, shingles, mortar, concrete or cement, nails, screws or any other materials used in constructing any structure.
(5) "Person" shall include all natural persons, firms, copartnerships, corporations and all associations of natural persons, incorporated or unincorporated, whether acting by themselves or by a servant, agent or employee.
(Ord. 88. Passed 12-13-71.)
(6) "Trash" and "rubbish" shall include any and all forms of debris not otherwise classified in this section, including, but not limited to, kitchen waste, ashes, empty cartons, bottles, boxes, wrapping materials, newspapers, discarded clothing and household items.
(Ord. 2000-1. Passed 3-13-00.)
(b) Determination of Detriment to Community. It is hereby determined that the storage or accumulation of trash, rubbish, junk, junk vehicles, abandoned vehicles and building materials upon any private property within the Village tends to result in blighted and deteriorated neighborhoods, the spread of vermin and disease, and the increase in criminal activity, and therefore is contrary to the public peace, health, safety and general welfare of the community.
(c) Storage or Accumulation of Junk, Abandoned Vehicles, Etc. It shall be unlawful for any person to store or to permit the storage or accumulation of trash, rubbish, junk, junk vehicles or abandoned vehicles on any private property in the Village, except within a completely enclosed building or upon the premises of a properly zoned licensed or approved junk dealer, junk buyer, dealer in used auto parts, dealer in secondhand goods or junk gatherer.
(d) Storage or Accumulation of Building Materials. It shall be unlawful for any person to store or permit the storage or accumulation of building materials on any private property, except in a completely enclosed building or except where such building materials are part of the stock in trade or business located on said property, or except when such materials are being used in the construction of a structure on the property in accordance with a valid building permit issued by the Village, provided that such construction is completed within a reasonable time.
(Ord. 88. Passed 12-13-71.)
(e) Notification of Village. If the case of any premises in violation, a person designated by the Village shall notify either the owner or occupant of the premises, in writing, that conditions on the premises are unlawful. The notice shall specifically describe the conditions constituting the unlawfulness and shall specify that this section of these Codified Ordinances is involved. The notice shall direct the recipient to correct the offending conditions and shall specify the time within which the corrections must be made. Such notice shall be given by certified mail, return receipt requested, to the property owner of record and by posting a notice on said premises in a conspicuous place. In the event that the owner or owners are not known or not of record, then, in addition to the posting, publication shall be given in a newspaper of general circulation in the Village at least ten days before the effective date of the notice.
(f) Compliance Required. No person shall fail to comply with any notice issued pursuant to section (e) hereof. (Ord. Unno. Passed 9-13-76.)
(g) Removal Authorized. In addition to the penalty provided in Section 660.99, if the owner or occupant fails to comply with any notice issued pursuant to subsection (e) hereof, the President, Clerk or Zoning Officer, or the duly authorized representative of such officials, may remove or cause to be removed any junk vehicle or abandoned vehicle, or parts of either, from any unenclosed private property. Junk vehicles or abandoned vehicles, or parts of either, shall be removed and disposed of in accordance with law. Such removal by the designated enforcement official shall not excuse or relieve any person of the obligation imposed by this section to keep his or her property free from storage or accumulation of junk vehicles or abandoned vehicles, or parts of either, nor from the penalties for violation thereof.
(h) Assessment of Costs of Removal. Upon removal of any junk vehicle or abandoned vehicle, or parts of either, from unenclosed private property by an authorized enforcement official of the Village pursuant to the provisions of this section, said enforcement official shall file a statement of costs incurred in such removal by affidavit with the Clerk. Upon receipt of such affidavit of costs, the Clerk shall place the same on file and serve a copy thereof upon the owner as appears on the records of the Register of Deeds. Said notice shall be served by delivering a copy of the same personally upon the owner or occupant, or if the land is unoccupied, by certified mail. The notice shall state that if payment in full of the costs contained therein is not made within thirty days of the date of the notice, which notice shall be dated as of the date of personal service or the date of mailing, the Clerk shall certify the costs as delinquent and submit said costs to the Treasurer, setting forth the name of the owners of the property, if known, and a description of the property from which the vehicles or parts thereof were removed. The Treasurer shall place the costs upon the assessment roll charged to the property described and the costs shall be collected in the same manner as provided by the statutes for the collection of Village taxes.
(i) Responsible Persons. All persons who violate any of the provisions of this section, whether as owner, occupant, lessee, agent, servant of employee, shall, except as otherwise provided in this section, be equally liable as principals.
(Ord. 88. Passed 12-13-71.)