[Adopted as § 7.09 of the 1998 Code]
[Amended 1-23-2006 by Ord. No. 489]
No person, except the holder of a motor vehicle dealer's license issued pursuant to the statutes of the state, shall accumulate, store or allow to remain outside of any building on real estate located within the Village for a period of more than 72 hours, or dump, deposit or otherwise abandon upon any property or highway, street, road, alley or way within the Village, any used motor vehicle, as "motor vehicle" is defined by the state statutes, or any detached part or parts thereof, for which no current registration fee has been paid therefor pursuant to such statutes, or which, if paid, does not have properly attached thereto, pursuant to such statutes, a current license plate or plates if so required and which is in a condition which would mechanically prevent its immediate operation upon any public highway or its operation thereon would be in violation of the law. Each day that any used motor vehicle, as herein defined, or any detached part or parts thereof shall be accumulated, stored or allowed to remain contrary to the provisions hereof shall constitute a separate and distinct offense.[1]
[1]
Editor's Note: The subsection regarding illegally parked vehicles, which immediately followed this section, was moved to Chapter 207, Traffic and Parking, 1-23-2006 by Ord. No. 489. See now § 207-18.
A person doing business in the Village commercial or business district may, upon a showing of hardship, apply to the Village Board for a permit to allow the storing of used motor vehicles outside of any building, which storage would otherwise violate § 218-1 above, for a period of up to seven days. The Village Board may grant such a permit when satisfied that a hardship exists, that such permit would affect property located in the commercial or business districts of the Village, and that the spirit and intent of this article would remain intact.
Any vehicle in violation of this article shall be impounded until lawfully claimed or disposed of under § 218-4, except if the Chief of Police or his authorized representative determines that the cost of towing and storage charges for the impoundment would exceed the value of the vehicle, the vehicle may be junked by the Village prior to expiration of the impoundment period upon determination by the Chief of Police or his authorized representative that the vehicle is not wanted for evidence or other reasons.
A. 
If the Chief of Police or his authorized representative determines that the value of the abandoned vehicle exceeds $100, he shall notify the owner and lienholders of record by certified mail that the vehicle has been deemed abandoned and impounded by the Village and may be reclaimed within 15 days upon payment of accrued towing, storage and notice charges and, if not so reclaimed, shall be sold.
B. 
If an abandoned vehicle determined to exceed $100 in value is not reclaimed within the period and under the conditions as provided above, it may be sold at private sale. The description of the vehicle and the terms of sale shall be published as a Class 1 notice three days before the sale.
C. 
After deducting the expense of impoundment and sale, the balance of the proceeds, if any, shall be paid into the Village treasury.
D. 
Any abandoned vehicle which is determined by the Chief of Police or his authorized representative to have a value of less than $100 may be disposed of by direct sale to a licensed salvage dealer upon determination that the vehicle is not reported stolen.
The owner of any abandoned vehicle, except a stolen vehicle, is responsible for the abandonment and all costs of impounding and disposing of the vehicle. Costs not recovered by the sale of the vehicle may be recovered in a civil action by the Village against the owner.
Within five days after the sale or disposal of a vehicle as provided in § 218-4B and D, the Chief of Police or his authorized representative shall advise the State Department of Transportation, Division of Motor Vehicles, of such sale or disposition on a form supplied by the Division. A copy of such form shall be given to the purchaser of the vehicle, and a copy shall be retained on file in the Village.
[Added 1-23-2006 by Ord. No. 489]
In addition to the provisions herein, any person who violates this article shall be subject to the penalties as provided in Chapter 1, Article II, of this Municipal Code.