(A) The following definitions shall apply in the interpretation and enforcement of this Section.
INOPERABLE MOTOR VEHICLE.
(a) Any motor vehicle which for a period of at least thirty (30) days has for any reason been incapable of being actually driven under its own power.
(b) INOPERABLE MOTOR VEHICLE shall not include motor vehicles that are kept within a building when not in use or to a motor vehicle on the premises of a place of business lawfully engaged in wrecking or junking motor vehicles.
JUNKED VEHICLE. Any vehicle including but not limited to recreational vehicles and equipment, farm and other machinery which because of one of the following characteristics, constitutes a threat to public health and safety:
(a) Any vehicle with a broken or cracked windshield, window, headlight, taillight or any other cracked or broken glass;
(b) Any vehicle with a broken or loose fender, door, bumper, hood ornament, window handle, running board, steering wheel, trunk handle, radio aerial, tailpipe or decorative piece, or machinery with rotted, rusted or loose parts;
(c) Any vehicle which has become the habitat of rats, mice, snakes or other vermin or insects;
(d) Any vehicle which contains gasoline or other flammable fuel; or
(e) Any other vehicle which because of its defective condition constitutes a serious threat to the public health and safety of the citizens of the City.
PROPERTY. Any real property within the City of Mt. Vernon.
STREET or HIGHWAY. The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
VEHICLE. A machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners or slides and transports persons or property or pulls machinery and shall include without limitation automobile, truck, trailer, motorcycle, tractor, buggy and wagon.
(B) Except the term junked vehicles shall not include vehicles stored within a locked garage or on the premises of a place of business lawfully engaged in wrecking or junking motor vehicles.
(C) No person shall keep or have any inoperative motor vehicle as defined herein on public or private property; same is hereby declared to be a nuisance.
(D) No person shall store any junked vehicles as herein defined upon private property nor shall any person place, leave or keep any junked vehicle upon public property; same are hereby declared to be a nuisance.
(E) No person shall leave any partially dismantled, nonoperating or wrecked vehicle or junked vehicle on any street or highway in the City; same are hereby declared to be a nuisance.
(F) No person shall use any motor vehicle or permit any motor vehicle to be used for storage of anything or item. Any motor vehicle used for said purpose is hereby declared to be a nuisance.
(G) No person shall park, store, place, leave or keep any motor vehicle required to be licensed by the State of Illinois upon public or private property unless said vehicle is properly licensed for the current year as required by law; any unlicensed vehicle is hereby declared to be a nuisance.
(H) (1) If any vehicle is found to be kept, stored or left in violation of this Ordinance, the person in possession of the property upon which such vehicle is kept, stored or left, or in absence of such person, any known or ascertainable owner of the vehicle, shall be liable for such violation.
(2) Possession of the property upon which the vehicle is kept, stored or left, or ownership of the vehicle in absence of any person known to be in possession, shall be prima facie evidence of responsibility and liability for the condition giving rise to the nuisance.
(I) Any person who violates Subsection (C), (D), (E), (F) or (G) shall be subject to a fine as provided in § 10.99 of the Revised Code in addition to such other remedies as permitted or provided by law.
(J) (1) Upon discovery of any vehicle which reasonable appears to be in violation of this Ordinance, the corporate authorities of the Chief of Police or his duly designated agent shall notify in writing the person in possession of the property upon which the vehicle is kept, stored or left, or in absence of such person, shall notify any known or ascertainable owner of the vehicle, that:
(a) The vehicle constitutes a nuisance under the provisions of this Section;
(b) The person must within ten (10) days remove or repair the vehicle or otherwise abate the nuisance;
(c) The failure to remove or repair the vehicle or abate the nuisance will be sufficient cause for its removal by the City under the terms of this Section; that the continued failure of the person to remove or repair or abate may also subject him to a fine as provided in this Subsection; and that the person receiving the Notice may appear before the Building Official for the City of Mt. Vernon and show cause why the motor vehicle should not be removed or repaired.
(2) If the person in possession of the property upon which the vehicle is kept, stored or left, or in absence of such person, any known or ascertainable owner of the vehicle, fails to remove or repair the vehicle or abate the nuisance in accordance with the terms of this Section, the Chief of Police or his duly designated agent shall abate such nuisance by causing the vehicle to be towed or transported to a designated storage place as determined by the City and the cost of the towing transportation and storage shall be charged and assessed to each person who shall have received a Notice to Abate Nuisance hereunder and shall be assessed against the motor vehicle. Such charges shall be assessed and collected and such vehicle shall be impounded until lawfully claimed or disposed of as an unclaimed vehicle after passage of 30 days in accordance with § 72.05(M) of the Revised Code.
(Prior Code, Art. 13, § 13.12)