ABATEMENT PROCEDURES

§ 90.30 ABATEMENT NOTICE HEARINGS.

   (A)   Any abandoned vehicle or vehicle which the police authority of the city seeks to impound shall be disposed of or impounded only after the notices and hearings have been provided, as set forth in this section.

   (B)   When the Chief of Police seeks to impound a vehicle, as authorized in § 90.04, or to remove an abandoned vehicle, as set out in § 90.02, or receives a notification of such abandoned, lost, stolen, or unclaimed motor vehicle, as set out in § 90.03, all sections of the ordinances of the city, the Chief of Police shall give notice of the status of such vehicle, in writing, which notice shall contain a description of the vehicle or vehicles, or parts thereof, to be removed; and inform the recipient that he/she has a right to a hearing should he/she demand one, and that such demand must be made in writing and delivered to the City Clerk within five days from the date of the mailing of such notice given him; and which notice shall be entitled “Notice to Abate Condition”; which notice shall be served upon the owner of the premises as shown on the assessment rolls of the county real estate tax assessor, or upon the lessee or occupant of the premises; which notice shall be served by depositing the notice, postage paid, in the United States Post Office in the city, directed to the owner, lessee, or occupant. Such notice may also, at the option of the Chief of Police, be personally served upon the owner, lessee, or occupant. If the owner is not known, or resides outside the state, the notice shall be given by posting a copy thereof conspicuously upon the vehicle or vehicles, or parts thereof, to be removed, for five days. Service of notice shall be deemed to be completed five days after posting. Such notice shall specify that if a vehicle or vehicles, or parts thereof, are not removed within a period of 48 hours after the notice, that the removal of the vehicle or vehicles, or parts thereof, the assessment of administrative costs and the cost of the removal of the vehicle or vehicles, or parts thereof, against the property upon which it is located shall be accomplished unless a demand for hearing is filed within 48 hours from the date of the notice posted.

('72 Code, § 95.019.1) (Ord. passed 8-1-83)

§ 90.31 NOTICE.

   If the owner, lessee, or occupant of such premises does not abate the condition set out in the notice, and remove the vehicle or vehicles, or parts thereof, and demands a hearing, within 14 days after such demand, a public hearing shall be held on the question of abatement of condition and removal of the vehicle or vehicles, or parts thereof, as an abandoned vehicle as defined in §§ 90.02, 90.03, 90.04, the assessment of administrative costs, and the costs of removal of the vehicle or vehicles, or parts thereof, against the property upon which it is located. Notice of hearing shall be mailed at least ten days before the hearing, by certified mail, with a five day return requested, to the owners of the land as shown on the rolls of the county real estate tax assessor, or to the last registered or legal owner of record, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If any of the foregoing notices are returned undelivered by the United States Post Office, the hearing shall be continued to a date not less than 48 hours from the date of such return. The failure to receive such mail notices required in this section shall not affect in any manner the validity of any abatement proceeding under the provisions of this chapter, provided a notice of the proceeding has been posted on the vehicle or vehicles, or parts thereof, sought to be removed at least 48 hours before the hearing.

('72 Code, § 95.019.2) (Ord. passed 8-1-83)

§ 90.32 TESTIMONY; DISPOSITION.

   (A)   All hearings under this chapter shall be held before the Chief of Police or his or her deputy who shall hear all facts and testimony he/she deems pertinent. The facts and testimony may include testimony on the condition of the vehicle or part thereof and the circumstances concerning its location on the private property or public property. The hearing officer shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration, and deny responsibility for the presence of the vehicle on the land with his or her reasons for such denial.

   (B)   The hearing officer may impose such conditions and take such other action as he/she deems appropriate under the circumstances to carry out the purpose of this chapter. He/she may delay the time for removal of the vehicle or part thereof if, in his or her opinion, the circumstances justify it. Circumstances that justify a delay of time shall be inclement weather conditions or facts which give such hearing officer a reasonable belief that within five days such vehicle shall be removed by owner. At the conclusion of the public hearing, the hearing officer may find that a vehicle or part thereof has been abandoned as set out in §§ 90.02, 90.03, and 90.04, and order the same removed from the property as in violation of such section and disposed of as hereinafter provided; and determine the administrative costs and the cost of removal to be charged against the owner of the parcel of land on which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle, if available at the site.

   (C)   If it shall be proved by the landowner by a preponderance of the evidence affirmatively shown at the hearing that the vehicle was placed on the land without the consent of the landowner and that he/she has not subsequently acquiesced in its presence, or despite the fact that the vehicle was originally placed on the land with the consent of the landowner, the vehicle was subsequently abandoned on the land without the consent of the landowner, the hearing officer shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such landowner; provided, however, that the hearing officer may have discretion to impose a requirement that the land be posted with signs in such size and number to be determined by the hearing officer prohibiting dumping of vehicles or other material or trespassing on the land. Failure of the landowner to obey an order to post signs shall result in the liability of the landowner for the cost of removal of any vehicles found abandoned on the land 30 days after the date of any order in writing rendered by the hearing officer requiring the posting of the signs.

   (D)   Costs will be assessed against and billed to the last registered and legal owner of the vehicle if it is determined that the last registered and legal owner was responsible for or acquiesced in the presence of the vehicle or part thereof on the private or public property.

   (E)   If an interested party makes a written presentation to the hearing officer, but does not appear, he/she shall be notified in writing of the decision.

('72 Code, § 95.019.3) (Ord. passed 8-1-83)

§ 90.33 APPEALS.

   (A)   Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal with the hearing officer within five days after his or her decision.

   (B)   Such appeal shall be heard by the City Council which may affirm, amend or reverse the order or take other action deemed appropriate.

   (C)   The City Clerk shall give written notice of the time and place of the hearing to the appellant and to those persons specified in § 90.30.

   (D)   In conducting the hearing, the City Council shall not be limited by the technical rules of evidence.

('72 Code, § 95.019.4) (Ord. passed 8-1-83)

§ 90.34 APPEAL TIME LIMIT; REMOVAL OF VEHICLE.

   Within 48 hours from the date of expiration of the right of appeal as set forth in § 90.30, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable.

('72 Code, § 95.019.5) (Ord. passed 8-1-83)

§ 90.35 ADMINISTRATIVE AND REMOVAL COSTS; ASSESSMENT.

   (A)   If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to § 90.30 are not paid within 30 days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to the applicable section of the Illinois Statutes.

   (B)   If the administrative costs and cost of removal of the vehicle are to be charged against the last registered and legal owner of the vehicle pursuant to § 90.30, a bill covering the charges will be sent to the last registered and legal owner of the vehicle by the Finance Director. If the bill is not paid within 30 days from the date mailed, it shall be transmitted to the City Attorney for necessary legal action.

('72 Code, § 95.019.6) (Ord. passed 8-1-83)