A. Nuisance Declared: It is hereby declared a menace to the public safety and nuisance for any person to cause, permit or allow the existence of any inoperable motor vehicle, any motor vehicle not regularly used, including, but not limited to, inoperable antique vehicles, or any parts of a motor vehicle to exist or be stored upon any public or private property within the village provided, however, that nothing in this section shall apply to any motor vehicle or part thereof which is kept in a building, or to a motor vehicle or parts thereof completely on the premises of a duly licensed junkyard or lawful storage facility business within the village. A "carport" or other open sided structure, whether connected to a building or self-contained, no matter the location on the property, is not considered a "building" for the purposes of this subsection.
B. Definitions:
INOPERABLE MOTOR VEHICLE: Any motor vehicle: 1) from which, for a period of at least seven (7) days, the engine, wheels, or other parts have been removed; or 2) on which the engine or other parts have been removed, altered, damaged or otherwise treated so that the vehicle is incapable of being driven under its own motor power. Inoperable motor vehicle shall not include any 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. However, a motor vehicle upon which repairs or services are not concluded within seven (7) days from the date of the notice specified in subsection C of this section shall not be deemed to be "rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations" and shall be construed to be an inoperable motor vehicle. The fact that the inoperable motor vehicle is on a licensed trailer does not make it exempt from this definition.
MOTOR VEHICLE NOT REGULARLY USED: Any motor vehicle which: 1) has not been driven off the premises where it is parked or stored under its own motor power for a period longer than two (2) months; or 2) is not registered, licensed, or properly displaying registration plates or stickers as required under article IV of chapter 3 of the Illinois vehicle code; or 3) is registered as an antique vehicle but is not driven at least one time a week; or 4) exhibits damaged parts or parts in disrepair, including, but not limited to, broken and missing windows, body panels with holes, and fluid leaks, which poses an open threat of injury or contamination for a period longer than fourteen (14) days. The fact that the vehicle is on a licensed trailer does not make it exempt from this definition.
C. Notice To Abate: Whenever any police officer determines that a nuisance as declared in this section exists, the police officer shall cause a written notice to abate to be served upon the person who is causing, permitting or allowing the nuisance to exist. Said notice shall describe the inoperable motor vehicle, motor vehicle not regularly used, or motor vehicle parts and give the person served seven (7) days from the date of service of the notice to abate the nuisance. If the residency is a rental unit, notice shall also be sent to the landowner. Such notices shall be by means of personal service or by certified or registered mail. Personal service shall be by any police officer of the village of South Pekin or any person authorized by law to make personal service. If the person served with the written notice to abate fails to abate within the seven (7) day period, it shall be presumed that the motor vehicle is an inoperable motor vehicle and/or motor vehicle not regularly used, as the case may be, and the village police and persons hired for the purposes of abating said nuisance are hereby authorized to enter the private property upon which the nuisance rests, and cause removal of said nuisance.
D. Postseizure Hearing: Within seven (7) days of the seizure and/or towing of any junked or disabled motor vehicle or any body, part, equipment, motor and material thereof, the owner of said property shall be given written notice of his or her rights to a prompt postseizure hearing before the village attorney or his designated representative.
Failure of the person upon whom which notice was served to request a hearing within said seven (7) day period shall be deemed by the village a waiver of the right to dispute the village's determination as to the need to abate, and consent of the village to dispose of the seized property as the village deems fit. Should the owner request a hearing within said seven (7) days for purposes of contesting seizure and/or tow prior to disposal, the hearing shall be held within thirty (30) days of date of request. The village attorney or the village trustee who has been appointed as the chair of the health, safety and sanitation board committee shall serve as hearing officer.
The village must make a showing of probable cause for said seizure prior to the disposal or demolition of said property. Should the hearing determine that the seizure of said property was without probable cause, said property shall be returned to the owner thereof; otherwise, the village may proceed to dispose of said property; provided, however, at the time of said hearing, the hearing officer is empowered or authorized, after consultation with the village board or the police department as the case may be, to make any suitable disposition of said property other than the sale or demolition thereof.
E. Costs; Liens:
1. The cost and expense of removing and disposing of junked or disabled motor vehicles or any body, part, equipment, motor and material thereof from private property shall be recoverable from the owners of the real estate and is a lien thereon, which lien shall be superior to all prior existing liens and encumbrances, except taxes; provided, however, that within ninety (90) days after completion of the removing and disposing of such motor vehicles or their parts, the village attorney shall file a notice of lien for the cost and expense incurred by the village in the office of the recorder of deeds in Tazewell County. Upon payment of said cost of removing and disposing of the junked or disabled motor vehicle or any body, part, equipment, motor and material thereof, the lien shall be released by the village attorney.
2. The lien may be enforced by proceedings to foreclose as in the case of mortgages or mechanic's liens. Suit to foreclose this lien shall be commenced by the village attorney within three (3) years after the date of filing of notice of lien.
3. If payment of the village cost of removing and disposing of the junked or disabled motor vehicle or any body, part, equipment, motor and material thereof is not paid to the village within fifteen (15) days of the filing of the notice of lien, the village attorney may commence proceedings in the circuit court seeking a personal judgment from the owner of the subject property at the time said proceedings are commenced in the amount of said costs. The action authorized by this subsection E3 shall be in addition to, and without waiver of, any other remedies.
F. Responsible Person: A person shall fall within that class of persons who shall be deemed to cause, permit or allow such a nuisance to exist if such person:
1. Has an ownership interest in or is in control of the inoperable motor vehicle;
2. Causes the inoperable motor vehicle to be deposited at the site in question;
3. Has an ownership interest or lease/rental interest in the real estate upon which the inoperable motor vehicle is located;
4. Has an ownership interest in or operates a business which causes, permits or allows such a nuisance to exist on the real estate upon which the business is operated or on adjacent real estate which is under the control of the business owner or operator; or
5. Has an ownership interest in real estate upon which a business is being operated and the operator or owner of said business causes, permits or allows such a nuisance to exist on the real estate upon which the business is being operated or on adjacent real estate which is under the control of the person having an ownership interest in real estate upon which said business is being operated.
G. Violation: It shall be unlawful for any owner or person in control thereof to store or allow to remain left in the open on public property or upon open, private land not enclosed by garage, enclosed building, or on the property of duly licensed junkyard or any storage facility and in view of the general public for a period of more than seven (7) days in any one calendar month, or for any period of time wherein said property should jeopardize the public safety by either creating an unsafe condition or significantly hindering the efficient movement of traffic, any inoperable and unused motor vehicles and any motor vehicle not regularly used or any body, part, equipment, motor and vehicle parts. However, this shall not apply to anyone operating a business enterprise lawfully conducted on any private premises or vacant lot.
H. Penalties: Anyone convicted of a violation of this section shall, in addition to the costs set forth in subsection E of this section, be subject to penalty as provided in section 1-4-1 of this code for each offense. Each day that there is a violation shall constitute a separate offense. After receipt of the notice of violation of any provision of this section, anyone accused of violating any provision of this section may settle his or her violation claims with the village by curing the violation by removing the offending items to the satisfaction of the ticketing officer/individual and by making payment of fifty dollars ($50.00) for each day of violation to the village treasurer for each violation hereof, in addition to the costs set forth in subsection E of this section, at least seven (7) days prior to the scheduled court appearance written on his or her notice to appear.
(Ord. 464, 7-11-2011)
Notes
| 1 | 1. See also section 6-2-3 of this code. |