A. Storing, Parking Or Leaving: 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 seventy two (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 section. 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, actively operated with an office on the subject premises and properly operated in the appropriate business zone, pursuant to the zoning laws of the Village, or to any motor vehicle in operable condition specifically adapted or designed for operation on drag strips or raceways. 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 his property; provided, that said vehicle can be repaired and made operative within fourteen (14) days.
B. Notice To Remove: Whenever it comes to the attention of the Chief of Police that any nuisance as defined in subsection A of this section 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 agent, notifying them of the existence of the nuisance and requesting its removal in the time specified in this section.
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 Chief of Police shall give notice of removal to the owner or occupant of the private property where it is located at least five (5) 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 certified 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 section, and the notice shall advise that upon failure to comply with the notice to remove, the Village or its designee shall undertake such removal with the cost of removal to be levied against the owner or occupant of the property. (1979 Code § 11-7-4)
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 Village Board of Trustees within the five (5) day period of compliance prescribed in subsection D of this section for the purpose of defending the charges by the Village. (1979 Code § 11-7-4; amd. 2017 Code)
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 (3) 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 (5) 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, the Chief of Police or his 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 section.
I. Notice Of Removal: Within forty eight (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 section. The notice shall give the location of where the vehicle or vehicles are 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 Illinois Compiled Statutes 5/4-203 and 5/4-204. (1979 Code § 11-7-4)
K. Penalty: Any person violating any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine as provided in section 1-4-1 of this Code. Each act in violation of any of the provisions hereof shall be deemed a separate offense. (1979 Code § 11-7-4; amd. 2017 Code)