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(A) Inoperable motor vehicles on private property are hereby declared a nuisance.
(B) (1) Whenever a police officer discovers an inoperable motor vehicle on private property, the officer shall determine the owner of record of the property, and if the vehicle has a license plate, the owner of the vehicle.
(2) The officer shall attempt to determine the identity of persons occupying the property if different from the owner of record.
(3) The officer shall cause a notice in substantially the following form to be mailed, by Certified U.S. Mail, return receipt requested, or by personal delivery to the owner of record of the property, and to all persons known to the officer, after reasonable investigation, to occupy such property, and also to the owner of the motor vehicle, if the owner is known:
NOTICE TO REMOVE OR REPAIR INOPERABLE MOTOR VEHICLE PLEASE TAKE NOTICE that the Police Department of the Village of Riverton, Illinois, has determined that there exists an inoperable motor vehicle, generally described as follows and hereinafter referred to as “the vehicle”: Make: Model: Model Year, if known: Color: License No., if known: State: Other identifying characteristics: The vehicle is currently located on the following property: Address: The vehicle is in violation of Ch. 91 of the Village of Riverton, which prohibits inoperable motor vehicles on private property within the corporate limits of the village. You are hereby ordered to remove or repair such inoperable vehicle within seven calendar days from the date of service of this notice, if it has been hand-delivered, or within 11 calendar days from the date of mailing of this notice, if it was mailed by certified mail. Section 91.99 of the Riverton Code of Ordinances provides that any person violating its provisions is subject to a fine of not less than $250, nor more than $750, for each day a violation is allowed to continue. If the village must prosecute you for having an inoperable motor vehicle, it may seek fines beginning from the date of this notice. If you fail to remove or repair the inoperable motor vehicle by the date set forth in this notice, the village may remove the inoperable vehicle, or may hire someone to do so. Any person ordered to repair or remove an inoperable vehicle may have a hearing with the Public Health and Safety Committee of the Village Board. A request for a hearing must be made in writing and delivered to the Municipal Clerk no later than seven days after the date of service of this notice, if served personally; or 11 days after the date of mailing of this notice, if it was mailed. If no hearing is requested, or if the Committee determines after the hearing that the vehicle is indeed inoperable, the vehicle may be towed without further notice. Definitions: As used in this notice, “inoperable motor vehicle” means any motor vehicle from which, for a period of at least seven days, the engine, wheels, tires or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power. “Inoperable motor vehicle” shall not include a motor vehicle which has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations nor to any motor vehicle that is kept within a building when not in use, nor to any operable historic vehicles over 25 years of age, nor to a motor vehicle on the premises lawfully engaged in the wrecking and junking of motor vehicles. “Repair” means to take such action as is required to make an inoperable motor vehicle capable of being driven under its own power. This notice is dated this day of , 20 . Signature |
(C) Notice by certified mail pursuant to this section shall be accomplished if the village receives a return receipt from the addressee or if the certified or regular mailing is returned “unclaimed” or “refused”.
(D) In the event that a violation of §§ 91.02 and 91.03 of this chapter is not corrected within the time specified in the notice, or if there is a hearing, within five days after the hearing, the Police Department may proceed to tow and dispose of the inoperable motor vehicle in accordance with the procedures set forth in Ch. 4, Art. II of Illinois Motor Vehicle Code, 625 ILCS 5/4-201 et seq., which is herein incorporated by reference.
(Prior Code, § 92.003) (Ord. 178, passed - -; Ord. 01-029, passed 12-12-2001; Ord. 03-002, passed 1-6-2003)
Vehicles which are not inoperable, but which are abandoned in the sense of not having been moved for seven consecutive days or more and being apparently deserted, may be removed by the Police Department and otherwise dealt with in accordance with Art. II of § 4 of the Illinois Vehicle Code, but only if:
(A) The owner of the property on which the vehicle was abandoned is different from the owner of the vehicle;
(B) The owner of the property on which the vehicle was abandoned requests the Police Department to take action; and
(C) If approved by the Chief of Police, in his or her sole discretion.
(Prior Code, § 92.004) (Ord. 178, passed - -; Ord. 01-029, passed 12-12-2001; Ord. 03-002, passed 1-6-2003)
(A) In addition to any other remedies, the corporate authorities may, at any time, instruct the Village Attorney to filing a lawsuit in the Circuit Court of the county, seeking any or all remedies available in the Illinois Municipal Code respecting abatement of nuisances.
(B) The corporate authorities may seek penalties in accordance with § 91.99 of this chapter.
(Prior Code, § 92.005) (Ord. 178, passed - -; Ord. 01-029, passed 12-12-2001; Ord. 03-002, passed 1-6-2003)
No person may stop, park or leave standing upon a public street, highway or roadway a vehicle upon which is displayed a state registration plate or plates or registration sticker after the termination of the registration period for which the registration plate or sticker was issued or after the expiration date set by §§ 3-314 or 3-314.1 of the Illinois Vehicle Code.
(Prior Code, § 92.006) (Ord. 178, passed - -; Ord. 01-029, passed 12-12-2001; Ord. 03-002, passed 1-6-2003) Penalty, see § 91.99
(A) Any person who violates or aids and abets in the violation of §§ 91.02, 91.03 or 91.04 of this chapter shall be fined not less than $250, and no more than $750, plus the cost to the village of its attorney’s fees and shall be required by the court to make a disposition on the abandoned, unclaimed or inoperable vehicle. Each day a violation occurs shall constitute a separate offense.
(B) In addition to the remedies set forth in this chapter and in Illinois Motor Vehicle Code, the village may bring a common law nuisance action against a person who is responsible for a nuisance as defined in this chapter, and in connection therewith, may seek all remedies available in law or equity in connection with such an action, and shall be entitled as part of the action to an award of its attorney’s fees and costs.
(C) A person who violates § 91.06 of this chapter shall be fined the sum of $50 for each violation. Each day a violation occurs shall constitute a separate offense.
(Prior Code, § 92.007) (Ord. 178, passed - -; Ord. 01-029, passed 12-12-2001; Ord. 03-002, passed 1-6-2003)