(A) Whenever it comes to the attention of the Chief of Police that any abandoned vehicle or part thereof 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 him or her of the existence of the nuisance and requesting its removal in the time specified in this section.
(B) Upon proper notice and opportunity to be heard, both the owner of the abandoned vehicle or part thereof and the owner or occupant of the private property on which the same is located shall be responsible for its removal. In the event of the removal and disposition by the village, the owner, or occupant of the private property where the same is located, shall be liable for the expense incurred.
(C) The Chief of Police or his or her designee shall give notice of removal to the owner or occupant of the private property where it is located, at least seven 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 or part thereof is located and duplicate copies are sent by mail to the owner or occupant of the private property at his or her last known address.
(D) 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 village and its designee shall undertake the removal with the cost of the removal levied against the owner or occupants of the property. The person to whom the notice is directed shall be advised that he or she has a right to a hearing before the Chief of Police or his or her designee; the hearing to be held within the seven-day period for compliance. At the hearing, the Chief of Police or his or her designee, in making a determination, shall take into account any extenuating circumstances presented by the person.
(E) A person who disagrees with the decision of the Chief of Police or his designee may appeal that decision to the Council. Any appeal shall be initiated by submitting a letter to the Council within seven days of the date of the decision being appealed from, requesting a hearing. The Council shall put the matter on the agenda for the next Council meeting and the Council shall, at that time, by way of motion, after affording the person an opportunity to address the Council, either grant or deny the requested relief.
(F) The Chief of Police or his or her designee may carry out the requirements of the notice of removal upon the happening of any of the following events:
(1) The expiration of the time limit in the notice if the person does not request a timely hearing before the Chief of Police or his or her designee;
(2) The expiration of the seven days after the hearing before the Chief of Police or his or her designee if the person requests such a hearing and does not timely appeal the decision to the Council; or
(3) Immediately after the Council meeting at which a decision is made pursuant to the person's timely appeal of the decision rendered by the Chief of Police or his or her designee.
(G) The cost of the abatement shall be charged against the premises from which the nuisance was removed and shall become a lien against the premises and may be collected in the same manner as a lien created by the village taxes assessed against the premises, with the cost being assessed on the next assessment roll following the incurring of the expense. In that case, the amount of the expense shall be certified by the Village Treasurer to the Village Assessor for assessment, and shall be collected in the same manner as other village taxes. When collected, the amounts shall be paid into the village's General Fund to reimburse the outlay therefrom as authorized in this chapter.
(Prior Code, § 308.06)