[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]
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.
