(A) Generally.
(1) No person shall park, store, leave or permit the parking, storing or leaving of any motor vehicle of any kind which is in an abandoned, wrecked, dismantled, inoperative, rusted, junked or partially dismantled condition whether attended or not upon any property within the village for a period of time in excess of 72 hours. The presence of an abandoned, wrecked, dismantled, inoperative, rusted, junked or partially dismantled vehicle or parts thereof on private property is hereby declared a public nuisance which may be abated as such in accordance with the provisions of this chapter.
(2) This section shall not apply to any vehicle enclosed within a building on private property or to any vehicle held in connection with a business enterprise, actually operated with an office on the subject premises and properly operated in the appropriate business zone, pursuant to the zoning laws of the village, provided that said vehicle which is inoperable, dismantled or partially dismantled as a result of repair or maintenance work being performed by said business shall be operable within 14 days.
(3) Further, this section shall not apply to any vehicle which is inoperative, dismantled or partially dismantled as a result of repair or maintenance work being performed by the owner of said vehicle on the owner’s property, provided that said owner shall have the vehicle operable within 14 days.
(B) Notice to remove. Whenever it comes to the attention of the health inspector that any nuisance as defined in division (A) above exists in the village, a notice in writing shall be served upon the occupant of the land where the nuisance exists, or in case there is no such occupant, then upon the owner of the property or his or her agent, notifying them of the existence of the nuisance and requesting its removal in the time specified in this chapter.
(C) Responsibility for removal. Upon proper notice and opportunity to be heard, the owner of the abandoned, wrecked, dismantled or inoperative vehicle and the owner or occupant of the private property on which the same is located, either or all of them, shall be responsible for its removal. In the event of removal and disposition by the village, the owner or occupant of the private property where same is located shall be liable for the expenses incurred.
(D) Notice procedure. The Police Chief or the Police Chief’s designee of the village shall give notice of removal to the owner or occupant of the private property where it is located at least five days before the time of compliance. It shall constitute sufficient notice when a copy of same is posted in a conspicuous place upon the private property on which the vehicle is located and duplicate copies are sent by registered mail to the owner or occupant of the private property at his or her last known address.
(E) Content of notice. The notice shall contain the request for removal within the time specified in this chapter, and the notice shall advise that upon failure to comply with the notice to remove, the village or its designee may undertake such removal with the cost of removal to be levied against the owner or occupant of the property.
(F) 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 Public Safety Committee of the Village Board of Trustees within the five-day period of compliance prescribed in division (D) above for the purpose of defending the charges by the village.
(G) 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 days in advance thereof. At any such hearing the village and the persons to whom the notices have been directed may introduce such witnesses and evidence as either party deems necessary.
(H) Removal of motor vehicles from property. If the violation described in the notice has not been remedied within the five-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 Public Safety Committee, the Chief of Police or his or her designee shall have the right to take possession of the junked motor vehicle and remove it from the premises. It shall be unlawful for any person to interfere with, hinder or refuse to allow such person or persons to enter upon private property for the purpose of removing a vehicle under the provisions of this chapter.
(I) Notice of removal. Within 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, or vehicles, has been impounded and stored for violation of this chapter. The notice shall give the location of where the vehicle, or vehicles, is stored and the costs incurred by the village for removal.
(J) Disposition of vehicles. Removed vehicles shall be impounded until lawfully claimed or disposed of in accordance with 625 ILCS 5/4-201 and 5/4-214.
(Prior Code, § 6-8-4) (Ord. 85-7, passed 8-5-1985; Ord. 2004-33, passed 12-20-2004; Ord. 2004-34, passed 12-20-2004; Ord. 2005-02, passed 3-21-2005) Penalty, see § 74.99