(A) Notice.
(1) Inoperable, abandoned, lost, stolen, or unclaimed vehicles located on public or private property may be towed, without pre-tow notice, to the owner or other legally entitled persons of record, if it impedes the efficient movement of traffic or endangers public safety.
(2) Inoperable, abandoned, lost, stolen, or unclaimed vehicles that do not present an obstruction or hazard may not be towed or removed without first affording the owner a notice and opportunity for hearing. The notice shall state that the vehicle is presumed inoperable and the village requires that within seven calendar days the vehicle be made operable, removed from the village, or lawfully enclosed so that it is not visible by the general public.
(3) If the violation persists beyond seven days after the original notice was mailed, served, or posted if no responsible party is present, the responsible party may be subject to the penalties provided in this subchapter. Notice shall take the following form.
(a) Where the vehicle is properly registered and licensed, notice shall be sent to the owner via certified mail or served upon the owner.
(b) Where the vehicle displays license plates, a registration decal, or an ascertainable vehicle identification number, notice shall be sent via certified mail or served to the last registered owner listed in state vehicle registration records.
(c) Where the vehicle does not carry license plates, a registration decal, or ascertainable vehicle identification number, or where the owner cannot be located by routine search of the state motor vehicle registration records, a representative of the village or the County Sheriff’s Department shall post a notice on the vehicle in a conspicuous place for no less than seven days, or send the notice to the occupant of the property on which it’s located by certified mail, return receipt requested.
(4) The above notices shall apprise the owner:
(a) That unless the vehicle is removed within seven days, the vehicle shall be subject to a fine of not less than $150, nor more than $750 for each offense;
(b) That unless the vehicle is removed within seven days, the vehicle may be towed, stored, and/or disposed of with the owner responsible for all expenses;
(c) The reason for the tow;
(d) That a hearing will be provided, upon request, before the Board of Trustees to determine the validity of the tow or seek an extension of time to remove the vehicle; and
(e) That hearings may be arranged by contacting the village.
(B) Notice to remove inoperable vehicle.
NOTICE TO REMOVE INOPERABLE VEHICLE |
DATE OF ISSUANCE: _____________________ |
NAME OF REGISTERED OWNER: _____________________ |
ADDRESS: _____________________ |
You are hereby notified that the below-described vehicle is presumed to be an inoperable motor vehicle and a nuisance pursuant to the Village of Flanagan Ordinance 2020-___. This inoperable motor vehicle must be removed within seven (7) calendar days of the date of this notice, or you may be subject to fines of not less than one hundred fifty dollars ($150.00) but not more than seven hundred fifty ($750.00) for each offense. Each day the violation continues beyond the seven (7) day notice period is considered a separate offense. |
Unless the vehicle is removed within seven (7) calendar days, the vehicle may be towed, stored, and/or disposed of, and you may be responsible for all towing, storage, and disposal expenses. The reason for the tow is that the inoperable motor vehicle is considered a public nuisance. |
Following expiration of the seven (7) day period, the Village of Flanagan may file a complaint in the Livingston County Circuit Court for an ordinance violation or other court relief. |
You may request a hearing before the Board of Trustees by contacting the Village of Flanagan at 101 W. South Street, Flanagan, Illinois 61740 or contacting the Village at 815-796-4492. |
DESCRIPTION OF INOPERABLE MOTOR VEHICLE: |
MAKE: _________________________________________ |
LICENSE PLATE NUMBER: _________________________________________ |
CURRENT LOCATION OF VEHICLE: _________________________________________ |
(Ord. 20-01, passed 3-17-2020)