§ 72.16 PARKING OF ABANDONED OR INOPERABLE MOTOR VEHICLES.
   (A)   It shall be unlawful to park any inoperable or abandoned motor vehicle upon any street in the village for a period of over 24 hours.
   (B)   It shall be unlawful to park any inoperable or abandoned motor vehicle openly upon private property, on the premises of any automobile service station, or elsewhere in the village unless the vehicle is in a fully enclosed garage or building and due precaution is taken by the owner, agent or custodian thereof to prevent such a vehicle from being or becoming a fire hazard.
   (C)   Any motor vehicle parked in violation of this subchapter shall be and hereby is declared to be a nuisance. In addition, any property owner who knowingly maintains on his or her property an abandoned or inoperable motor vehicle shall be and hereby is declared to be maintaining a nuisance. It shall further be a nuisance if any property owner maintains on his private property (other than in a closed garage) any vehicle which is wrecked, partially dismantled or otherwise in such a state of disrepair as to be incapable of being driven for a period in excess of three days, which period shall be measured as any day on which any such vehicle is on the property and does not require that the same vehicle be located for said three day period, but only that any such vehicle is so located. It shall further be a nuisance if any private property owner maintains on his private property (other than in a closed garage) any vehicle (or vehicles) which is wrecked, partially dismantled or otherwise in such a state of disrepair as to be incapable of being driven for more than four days in any seven consecutive calendar day period (it need not be the same vehicle or vehicles, but can be any vehicle on any given day so long as there is at least one such vehicle on the property on each of more than four days in any given seven day period). It shall also be a nuisance to perform any repairs or dismantling of any such vehicle in any residential area other than in a closed garage. Any such nuisance shall be abated pursuant to the following procedure:
      (1)   Written notice of the existence of the nuisance shall be provided by the village to the owner of the vehicle, and/or to the owner of the property on which such nuisance is located by U.S. Mail, postage paid, or shall be given by affixing such notice to the vehicle involved. The notice shall require that the nuisance be abated by removal or enclosure of the inoperable or abandoned vehicle within seven days and shall state that if the nuisance is not abated as required the village shall enter the property, abate the nuisance and charge the vehicle owner and/or the property owner with the costs of abatement as provided in § 72.17.
      (2)   Upon receipt of the aforementioned notice and within the seven days required for abatement any vehicle or property owner may request that a hearing be held by the Village Chief of Police or a designee regarding the vehicle or vehicles. The Chief of Police or a designee shall within two days after such hearing advise the owner as to a final decision in the matter. If no different determination is provided the nuisance shall then be abated as previously stated.
      (3)   A property owner who finds an abandoned or inoperable motor vehicle on his or her property which has been placed there without his or her consent shall not be considered to be knowingly maintaining a nuisance if such vehicle's location is reported to the Chief of Police within seven days of the date on which the vehicle was placed on said property.
      (4)   Nothing shall excuse any person who violates any provision of this subchapter from the penalties provided in this code for maintaining a nuisance.
(Ord. 88-07, passed 9-26-88; Am. Ord. 93-17, passed 12-20-93)