(A) The owner of an abandoned or inoperable motor vehicle and any owner or occupier of land on which such vehicle sits must dispose of it, or enclose it within a building, within seven days after receiving written notice from the Village Clerk, the Chief of Police or any police officer designated by him or her to do so.
(B) The notice, referred to in division (A) above, will notify the recipient that he or she may request a hearing on the question of whether the vehicle is an inoperable motor vehicle or abandoned motor vehicle by submitting such request, in writing, to the Village Board within seven days after the date of the notice referred to hereinabove. A request for a hearing will stay the enforcement of this chapter pending the hearing and a decision by the Village Board.
(C) The owner of the vehicle or the owner or occupant of the land on which the vehicle sits may apply for an extension of time by making a written request for hearing. The Village Board, upon receiving an application for an extension of time, will grant an extension of not more than 30 days if the applicant shows good cause for an extension and submits an affidavit that the abandoned or inoperable motor vehicle is being held for sale or expeditious repair. EXPEDITIOUS REPAIR means that the parts for the repair have been ordered but are not yet available for installation for reasons beyond the owner’s control; the vehicle is scheduled to be repaired within 30 days; or the vehicle is inoperable because of an accident and the owner is pursuing a claim for damages or is considering pursuing such claim.
(D) If the recipient of the notice, referred to in division (A) above, fails to comply with the notice, the Chief of Police shall cause the towing or removal of the abandoned or inoperable motor vehicle from private property within seven days or thereafter following said notice to the owner of the vehicle and the owner or occupant of the premises where the vehicle is located; or from public property within seven days or thereafter following notice to the owner of said vehicle.
(E) If, following the hearing provided for in division (B) above, the Village Board determines that the vehicle is an abandoned or inoperable motor vehicle, the Village Board will set a reasonable date by which the vehicle must be disposed of or enclosed. In the event said vehicle is not disposed of or enclosed within a building by the said date set by the Village Board, then the Chief of Police shall cause the towing or removal of the abandoned or inoperable motor vehicle without further, prior notice thereof.
(F) Upon towing or removal as hereinabove provided, such vehicle shall be impounded until lawfully claimed or disposed of in accordance with §§ 93.06 and 93.07. The Chief of Police, or any member of the Police Department designated by him or her, may enter upon private property at all reasonable hours for the purpose of inspecting such vehicle, posting notice thereon and removing and impounding such vehicle, and it shall be unlawful for any person to prevent the Chief of Police, or his or her designee, from entering on private property for the purposes of carrying out his or her duties hereunder or to interfere with him or her in the lawful performance of his or her duties under the provisions of this section.
(Prior Code, § 93.03) (Ord. 02-10-01, passed 10-14-2002) Penalty, see § 93.99