A. Removal: The chief of police, or any member of his department designated by him, is hereby authorized to remove any junk, trash, refuse, or junk vehicles in violation of this chapter, as described herein:
1. In the case of any junk, trash, refuse or junk vehicle in violation of subsection 4-2-3C of this chapter, removal is authorized immediately upon observation or complaint.
2. In the case of any other junk, trash, refuse or junk vehicle in violation of this chapter, removal is authorized after the expiration of the time limit provided for abatement of the nuisance as indicated in the notice of violation, and as provided for by section 4-2-4 of this chapter.
B. Violations: Without regard for a person's status as owner or occupant of property:
1. It shall be unlawful for any person in charge or in control of any property in the village to permit any junk vehicle, except when housed in a fully enclosed building and not visible from any point outside said building, to remain on said property after receiving written notice from any officer of the village that a nuisance exists.
2. It shall be unlawful for any person to permit a junk vehicle or junk, refuse or trash to be placed, deposited or stored upon any street or highway for any duration of time.
3. It is unlawful to otherwise maintain a nuisance as described within this chapter, within the village.
C. Penalties:
1. Violation of this chapter is a misdemeanor punishable by a fine of fifty dollars ($50.00) for each day that the violation is permitted to continue after the expiration of the time limit provided for abatement of the nuisance as indicated in the notice of violation, and as provided for by section 4-2-4 of this chapter.
2. Violators of this chapter are subject to court ordered removal of the nuisance, or removal of the nuisance by the village. In the event that the village removes the nuisance, the village may file a lien in the office of the recorder of deeds of Kane County for the full cost involved in abating the nuisance. The violator or property owner shall then be responsible for reimbursing the village for the full cost of the abatement.
3. Violators of this chapter or owners of property upon which violations of this chapter are permitted to exist that are subject to court action shall be liable for all costs, including administration expense, court costs, and reasonable attorney fees, incurred by the village for enforcement of this chapter.
4. Violators of this chapter or owners of property upon which violations of this chapter are permitted to exist shall be subject to any and all applicable liens upon the property for any costs associated with the removal, storage, disposal or cleanup of the junk, refuse, or junk vehicle.
5. Any junk vehicle or other vehicle removed by the village under this section shall be subject to the procedures for abandoned, lost, stolen or unclaimed vehicles as described in 625 Illinois Compiled Statutes 5/4-201 et seq., or such other statute as may be applicable.
6. Any other junk or refuse removed by the village under this section shall be subject to destruction or disposal by the village, at the expense of the violator of this chapter or the owners of property upon which violations of this chapter are permitted to exist. (Ord. 2005-07-05A, 7-5-2005)