[Added 11-9-2015 by Ord. No. 2015-10]
A. The following definitions shall apply in the interpretation and enforcement
of this section:
INOPERABLE MOTOR VEHICLE
Any motor vehicle from which, for a period of seven days, the engine, wheels, 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 power. "Inoperable motor vehicle" shall not include any motor vehicle that 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 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.
MOTOR VEHICLE NOT REGULARLY USED
Any motor vehicle which has not been driven off the premises
where it is parked or stored under its own motor power for a period
longer than four months; 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 exhibits damaged parts or parts
in disrepair, including, but not limited to, broken and missing windows,
body panels with holes, and fluid leaks, which pose an open threat
of injury or contamination for a period longer than 14 days.
VEHICLE
Every device in, upon or by which any person or property
is or may be transported or drawn upon a street or highway, whether
subject to or exempt from registration; excepting, however, bicycles,
snowmobiles and devices used exclusively upon stationary rails or
tracks.
B. It is hereby declared a menace to the public safety and a nuisance for any person to cause, permit or allow the existence of any inoperable motor vehicle, any motor vehicle not regularly used, or any parts of a motor vehicle to exist or to be stored upon any public or private property in view of the general public; 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 automobile wrecking yard, as defined by §
300-53B(22) of this Code.
C. 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 give the person
seven days from the date of service of the notice to abate the nuisance.
Such notice shall be by means of personal service or by certified
or registered mail. Personal service shall be by a police officer
of the City of Lexington Police Department or any person authorized
by law to make personal service.
D. Any person who shall cause, permit or allow such a nuisance to continue
to exist after the expiration of seven days from the date of the notice
to abate shall, upon conviction thereof, be subject to a penalty of
not less than $100 nor more than $750 for each such offense. Each
day that such nuisance continues or exists after the expiration of
the aforesaid seven days shall be deemed to be a separate offense.
Further, each such inoperable motor vehicle shall constitute a separate
offense.
E. Whenever any person causes, permits or allows such a nuisance to continue or exist after the expiration of seven days from the service of the notice to abate, the City may, at its option, cause the abatement of the nuisance specified in this section by the same method of disposal of abandoned vehicles provided in §
234-1 of this chapter. Nothing in this section shall be construed as imposing upon the City a duty to abate the nuisance specified in this section. The action authorized by this section shall be in addition to and without waiver to any other remedies.
F. A person shall fall within the 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 the inoperable motor vehicle;
(2) Causes the inoperable motor vehicle to be deposited at the site in
question;
(3) Has an ownership or possessory 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 or possessory interest in the 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 or possessory
interest in real estate upon which said business is being operated.
[Added 5-9-1988 by Ord. No. 1988-4; amended 6-14-2010 by Ord. No. 2010-4]]
Any person violating any provision of this chapter
shall, upon conviction, be subject to a fine in an amount not to exceed
$750 and the costs of prosecution. Each day that any such violation
continues shall be considered as a separate and distinct offense and
shall be punishable as such.