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(a) Definitions. As used in this section: “Abandoned vehicles” includes, but is not limited to, any vehicle which has remained on private property for forty-eight continuous hours or more without the consent of the owner or occupant of the property, or for forty-eight continuous hours or more after the consent of the owner or occupant has been revoked.
(b) Determination. It is hereby determined that the storage or accumulation of abandoned vehicles upon any private property in the Village and the existence of disabled vehicles on public rights of way tend to result in blighted and deteriorated neighborhoods, an increase in criminal activity and the spread of vermin and disease, and is contrary to the public peace, health, safety and general welfare.
(c) Storage. No person shall store or permit the storage or accumulation of abandoned vehicles on any private property in the Village, except within a completely enclosed building or upon the premises of a duly licensed junk dealer.
(d) Prohibition. No person shall leave a disabled vehicle in the rights of way of the streets, alleys or highways in the Village. However, this shall not apply to the towing or similar transporting of such vehicles.
(e) Notice of Removal; Sale. The Chief of Police or his designee may cause to be removed any abandoned vehicles from any unenclosed private property after notifying the owner or occupant in writing of his or her intention to do so. Such notice shall be served personally upon the owner or occupant of the property, if occupied, or may be posted in a conspicuous place upon vacant or unoccupied property. Such vehicle may be impounded and destroyed or sold for junk, as the case may be, and the costs thereof assessed against the owner of such vehicle and/or property. Any sums realized by the Village from the sale of such vehicle shall be reimbursed to the Village for the costs incurred therein. Any balance of such sums remaining after such reimbursement shall be returned to the owner of the vehicle.
(f) Removal by Village. The Chief of Police or his designee may cause to be removed from any public right of way any disabled vehicle; provided however a reasonable time (not to exceed twelve hours from the time of disability) shall be permitted for the removal or servicing of a disabled vehicle in an emergency caused by an accident or sudden breakdown of the vehicle.
(g) Right of Entry. The Chief of Police or his designee, any contracting agent of the Village, and employee of such contracting agent, and authorized officer, employee and agent of the Village, and each of them, are hereby expressly authorized to enter upon private property for the purpose of enforcing the provisions of this section. No person shall interfere, hinder or refuse to allow them to enter upon private property for such purpose and to remove any property in accordance with the provisions of this section. Any person to whom notice of removal was given shall have the right to remove or house such property in accordance with such notice at his own expense at any time prior to the arrival of the Chief of Police or his authorized representatives for the purpose of removal.
(h) Violations and Penalties. Any person who violates any provision of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars ($100.00) for each offense, or in default of payment, imprisoned for a period not to exceed thirty days. Each day the violation continues shall constitute a separate offense. (Ord. 2002-104. Passed 6-24-02.)