(a) Definitions as used in this section:
(1) "Person" means any individual, firm, partnership, association, corporation, company or organization of any kind.
(2) "Property" means any real property within the Municipality which is not a street or highway.
(3) "Automobile parts" means and includes any portion or part of any vehicle as detached from the vehicle as a whole.
(4) "Scrap metal" means and includes pieces or parts of steel, iron, tin, zinc, copper, aluminum, or any alloy thereof, whether covered with porcelain or any other material, whether intact or in parts, which has served its usefulness in its original form and can no longer be used or useful for its originally intended purpose.
(5) "Junk" means scrap metal, together with any other type of metal and also salvaged rope, bags, paper, rags, glass or rubber or any other material attached thereto and similar or related articles or property.
(6) "Disabled vehicle" means any motor vehicle which is incapable of being operated or propelled by the vehicle's own power.
(7) "Unlicensed vehicle" means any motor vehicle which is not registered for and carrying a current license for use on public streets and highways.
(b) Outside Storage of Unlicensed or Disabled Motor Vehicles. No person shall store or permit to be stored, for a period of more than ten days, any unlicensed or disabled vehicle on any property within the municipality, unless the same is within a completely enclosed building or garage. Such ten-day period shall be deemed to run on the date that such person has been notified in writing by the Mayor, his agent, the Village Police Department, or agents thereof, that such vehicle is being stored in violation of this section. Whenever, in the opinion of the Building Inspector, the Zoning Inspector, or the Chief of Police, a person has regularly attempted to avoid compliance with this restriction, which attempts include but are not limited to temporarily removing from the property any unlicensed or disabled vehicle and then promptly returning such unlicensed or disabled vehicle to the property, the Village may treat such unlicensed or disabled vehicle as if stored for more than ten days in violation of this section.
(c) Leaving of Automobile Parts, Scrap Metal or Junk on Property Within the Municipality. No person in charge of or in control of any property within the Municipality, whether as owner, tenant, occupant, lessee or otherwise, shall allow any automobile parts, scrap metal or junk to remain on such property longer than ten days after receipt of a written notice from the police to remove such automobile parts, scrap metal or junk from such property, except that this subsection shall not apply with regard to such automobile parts, scrap metal or junk in an enclosed building or in other sheds or enclosures specially designed for the purpose of storage of such material unless the same should become a nuisance.
(d) Storage of Automobile Parts, Scrap Metal and Junk in Buildings or Enclosures Which Becomes a Nuisance. When, in the opinion of the Chief of Police, the storage of automobile parts, scrap metal or junk in any building or specially designed enclosure within the Municipality has become a nuisance by reason of such building or enclosure also harboring rats, roaches or other vermin, or is a nuisance by reason of danger from fire or entry therein by juveniles or suspicious persons, or because of repeated complaints by residents of the Municipality in the surrounding area, the Chief of Police or any member of his Department designated by him, shall give notice to the person in charge of or in control of such property to the effect that such building or enclosure has become a nuisance.
No person in charge of or in control of any property within the Municipality, whether as owner, tenant, occupant, lessee or otherwise, shall allow any automobile parts, scrap metal or junk or any junked vehicle to remain in any building or enclosure within the Municipality longer than thirty days after receipt of a written notice from the Chief of Police or any member of his Department designated by him to the effect that such building or enclosure has become a nuisance.
If any such person served with the notice as provided in this subsection fails to cause such violation to cease within thirty days of the date upon which the notice provided above was issued, he shall be subject to the penalty provided in subsection (g) hereof and a separate offense shall be deemed committed upon each day during or on which the violation occurred or continues beyond such thirty-day period. In such cases, no additional notice of violation is required to be given.
(e) Form of Notice. Notices under this section shall be in writing and shall be served upon the person in charge of or in control of such property within the Municipality, whether as owner, tenant, occupant, lessee or otherwise, either personally or at the usual place of residence of such person in charge of or in control of such property, or by registered or certified mail, addressed to such person's last known place of residence.
(f) Exception; Building Materials for Own Use. Notwithstanding the provisions stated above in this section, it shall not be unlawful for any person in charge of or in control of any property within the Municipality to purchase new or used building materials and to place or store them in any lot, lots, parts of lots or parcel of land within the Municipality when such materials are to be used by the purchaser or person in charge of or in control of such property in later construction on the same lot or any lot owned or controlled by such person, provided that such materials do not remain on such lot, lots, parts of lots or parcel of land for a period of more than thirty days, unless actual construction or erection planned for the use of such materials has commenced and continues unabated daily, and provided further that such materials are actually used or consumed in the construction on such premises or removed from such premises within a period of four months from the time such materials are first placed on the lot, lots, parts of lots or parcel of land. No person shall move any materials so stored or placed to another location within the Municipality for the purpose of avoiding the intent of this section, except that any such materials may be moved to another lot, lots, parts of lots or parcel of land when the same has been sold to a bona fide purchaser for value for such purchaser's own use. (Ord. 1967-7. Passed 7-11-67.)
(g) Whoever violates any of the provisions of this section is guilty of a third degree misdemeanor. Punishment shall be as provided in Section 698.02. A separate offense shall be deemed committed each day during or on which a violation-occurs or continues.
(Ord. 1985-18. Passed 2-11-85; Ord. 2022-54. Passed 6-13-22.)