The Village of Hillburn has the duty, responsibility and obligation
to maintain its streets and thoroughfares in a safe and proper fashion.
Derelict, abandoned, unlicensed or immobile vehicles undergoing repair
or maintenance on public streets create hazards to normal road traffic,
hinders the passage of emergency vehicles and detracts from the aesthetics
of the Village.
No person, persons, corporations or other legal entity shall be allowed to place or put an inoperable or abandoned motor vehicle on the streets within the Incorporated Village of Hillburn. Said inoperable or abandoned motor vehicle must remain on the residential property of the owner of said motor vehicle, subject to the regulations imposed by §
184-10 of the Village's Code.
Any motor vehicle that requires repairs or maintenance to render
it capable of independent locomotion cannot remain on Village streets
for more than a continuous period of 24 hours. The owner or lawful
user of said motor vehicle must remove said vehicle in any lawful
manner whatsoever off the Village streets for said repair or maintenance.
There shall not be allowed any maintenance of motor vehicles on Village
streets or any other public area within the Incorporated Village of
Hillburn.
If a motor vehicle is on the Village streets or any other public
area for a period of time exceeding 24 hours which is either inoperable
or abandoned, and after the Village has made a reasonable attempt
to ascertain the lawful owner of said motor vehicle, the Village of
Hillburn shall have the right to issue a summons to said motor vehicle
for a violation of this chapter. After the issuance of the summons,
the Village, after 48 hours' written notice to the lawful owner at
his last known address, setting forth the violation of this chapter,
shall have the right to remove and/or tow away said motor vehicle
at the sole cost and expense to the owner of said motor vehicle or
to the lawful user of said motor vehicle. Said owner or lawful user
of said motor vehicle shall be billed for said cost of removal of
same, and if the bill is not paid within 30 days, the Village shall
have the right to assess the cost of same to the tax bill of said
residential owner or lawful user and use all other appropriate legal
remedies to collect same.
Forty-eight hours' notice shall be given by the Village to the
lawful owner of said motor vehicle which is inoperable or abandoned
by certified mail, return receipt requested, or by personal service
or any other legal means before said motor vehicle which is either
inoperable or abandoned on residential streets, as stated above, shall
be removed or towed away by the Village.
In the event that a motor vehicle parked on Village streets
shall constitute a safety hazard to the public or an attractive nuisance
to the residents of the Village or to other persons, then no notice
shall be required to be given by the Village to any person before
said motor vehicle is towed away by the Village.
Any person, persons or party found guilty of this chapter shall
be subject to a fine of up to $250 and/or 15 days in jail, in addition
to any costs or expenses incurred in the towing of said motor vehicle
by the Village of Hillburn.