[Amended 8-2-2016 by Ord.
No. 16-7]
As used in this article, the following terms shall have the
meanings indicated:
Any motor vehicle which is left on private property, in full
view of the public, anywhere within the City except on property of
the owner or bailee for a period of seven days or more and under such
circumstances as to cause such motor vehicle to reasonably appear
to be abandoned.
Any motor vehicle or unlicensed motor vehicle which is left
on public property for a period of 24 hours and under such circumstances
as to cause such motor vehicle to reasonably appear to be abandoned.
If such vehicle is determined to be "unsafe," it may be towed from
public property immediately.
The Code Enforcement Officer, the Mayor, any police officer
of the City or any other person designated by the Mayor.
Any motor vehicle from which, for a period of at least 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 motor power; however, an inoperable motor vehicle shall
not include a motor vehicle which has been rendered temporarily incapable
of being driven under its own motor power in order to perform ordinary
service or repairs, any motor vehicle which is kept entirely within
a building and out of view of the public, any operable historic vehicle
over 25 years of age, or a motor vehicle on premises engaged in the
wrecking or junking of motor vehicles.
Any motor vehicle which is partially dismantled, wrecked
or damaged and which cannot be safely or legally operated.
As defined in § 285-1 of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any part or parts of a motor vehicle.
Any real property not owned by the federal government, state,
county, City, school district, or other unit of local government.
Any real property within the City which is not a street.
Any real property owned by the federal government, state,
county, City, school district or other unit of local government.
The physical relocation of a motor vehicle to an authorized
location.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The entire width as dedicated for public use of every street,
alley or other public way which is open to the use of the public for
the purposes of vehicle traffic.
Any motor vehicle which does not have a current Illinois
license and registration sticker affixed to same.
All abandoned, inoperable, junked, and unlicensed motor vehicles
and any motor vehicle accessories from any vehicle, whether on public
or private property, in full view of the public, are hereby declared
to be a nuisance.
A.
It shall be unlawful for any person owning or having custody or control
of any abandoned, inoperable, unlicensed, or junked motor vehicle
or any motor vehicle accessories to store or permit any such vehicle
or accessories to remain on any public or private property within
the City in full view of the public, for longer than the period of
time allowed by this article, and after receipt of notice to remove
such vehicle or accessories as provided by this article.
B.
It shall be unlawful for any person, after notification to remove
any abandoned, inoperable, junked or unlicensed motor vehicle or any
motor vehicle accessories from any property within the City, to move
such motor vehicle or accessories to any other public or private property
upon which such storage is not permitted or onto any streets or public
property for purposes of storage.
This article shall not apply to any motor vehicle or motor vehicle
accessories which are stored entirely within an enclosed building
and out of view of the public, or on the premises of a properly licensed
auto junking or wrecking business or auto repair or body shop operated
in a lawful place and manner and when necessary for the operation
of such business, provided that all vehicles or accessories stored
by any such business establishment must be stored in accordance with
the requirements of this Code and applicable law.
Any law enforcement officer or City official, on routine inspection
or upon receipt of a complaint, may enter upon any property and may
investigate any suspected abandoned, inoperable, unlicensed or junked
motor vehicle or any motor vehicle accessories and record the make,
model, style, identification numbers or any other relevant information
and other facts about the situation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It shall be the duty of the Mayor, at the direction of the City
Council, to cause notice to be served, in writing, upon the owner
or person in possession or control of any abandoned, unlicensed, inoperable
or junked motor vehicle or vehicles or accessories giving such owner
or person in possession or control seven days from the date of said
notice to dispose of the motor vehicle or vehicles or accessories
from the corporate limits of the City of Waverly, Morgan County, Illinois.
Said written notice may be sent by certified United States mail, postage
prepaid, or hand delivered. If the notice is sent by certified United
States mail, postage prepaid, the addressee will be deemed to have
received the notice on the third business day following the mailing.
The notice shall also contain the following additional information:
A.
The nature of the complaint;
B.
The description and location of the motor vehicle and/or motor vehicle
accessories;
C.
A statement that any abandoned, inoperable, junked, or unlicensed
motor vehicle or accessories will be removed from the property upon
expiration of the seven-day notice period;
D.
A statement that the recipient may request a hearing before the City Council to contest the notice pursuant to § 285-135;
E.
A statement that any nuisance created by a junked motor vehicle or
any motor vehicle accessories will be abated as provided by this chapter
and applicable law; and
F.
A statement that other penalties may be applicable by this chapter
and the nature of such penalties.
A.
Whenever an owner or person in possession or control of any inoperable, abandoned, unlicensed or junked motor vehicle receives written notice pursuant to § 285-134 of this article, he/she may file a written request for a hearing before the Mayor and City Council. The written request for hearing must be filed with the City Clerk within seven days of receipt of the written notice provided for in § 285-134.
B.
If a timely written request for hearing is made, the Mayor shall
fix a time and place for the hearing and shall give written notice
to the party requesting the hearing. The hearing shall be scheduled
for a date within 14 days of receipt of the request for hearing. The
Mayor shall preside over the hearing and the Mayor and City Council
shall hear testimony and accept any evidence relevant to the matter.
The strict rules of evidence and procedure applicable to judicial
proceedings shall not apply.
C.
At the conclusion of the hearing, the Mayor and City Council shall
make a determination on the basis of the testimony and evidence presented
at the hearing, and shall notify the party requesting the hearing
of the decision.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Upon the failure of any person who owns or has in his possession and control an abandoned, inoperable, unlicensed or junked motor vehicle or vehicles or accessories to comply with either the notice as herein provided for in § 285-134 or the determination of the Mayor and City Council after a hearing pursuant to § 285-135, the Chief of Police or any member of the Police Department designated by him/her or any other law enforcement agency with applicable jurisdiction is hereby authorized to remove or have removed any abandoned, inoperable, unlicensed or junked motor vehicle or parts thereof or accessories, and such violator shall be subject to a fine of not less than $75 nor more than $750 and shall be liable for all costs and charges related to towing and storing said vehicle or parts thereof or accessories. Each day that such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable hereunder. Vehicles or parts thereof or accessories removed hereunder shall be impounded until lawfully claimed or disposed of in accordance with and as provided by the laws of the State of Illinois. In addition to the foregoing, the City may apply to the Circuit Court of Morgan County, Illinois for an order directing the owner or possessor of the vehicle to remove said vehicle or parts thereof or accessories and recover its attorney's fees and costs associated with said proceeding.
