CHAPTER 5.06
INOPERABLE MOTOR VEHICLES
5.06.010 Definition.
The following definitions shall apply in the interpretation and enforcement of this chapter.
"Inoperable motor vehicle" means 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, or a vehicle that is used for racing or demolition derby exhibition, or a vehicle which is incapable of being driven upon the public highways in a legal fashion and manner pursuant to the Illinois Vehicle Code, Chapter 625 of the Illinois Compiled Statutes.
"Inoperable motor vehicle" shall not include a motor vehicle which has been rendered temporarily incapable of being driven under its own power in order to perform ordinary service or repair operations, such service or repair operations to be ongoing and completed within sixty (60) days, nor to any motor vehicles that are kept within a building when not in use, to operable historic vehicles over twenty-five (25) years of age, or to a motor vehicle on the premises of a place of business engaged in the wrecking or junking of motor vehicles.
"Property" means any real property within the City which is not a street or highway.
"Vehicle" means a machine propelled by power other than human power designated to travel along the ground by use of wheels, treads, runners or slides and transport persons or property or pull machinery and shall include, without limitation, automobile, truck, trailer, motorcycle, tractor, buggy and wagon.
5.06.020 Inoperable Motor Vehicles.
A. Inoperable Motor Vehicles Declared to be a Nuisance. Inoperable motor vehicles, as defined in this chapter, whether on public or private property, are declared to be a nuisance.
B. Disposition of Inoperable Motor Vehicles. All persons are required to dispose of any inoperable motor vehicle or parts thereof under their control upon written notice received from the corporate authorities or any Police officer of the City commanding such disposition. Such notice shall specify required disposition. Such notice shall specify required disposition of the inoperable motor vehicle or abandoned motor vehicle within a period of not less than seven days.
C. Impounding. The corporate authorities or any City officer designated by them is authorized to remove or have removed any vehicle left at any place within the City which is an inoperable motor vehicle as defined in this chapter and has not been removed as required by a written notice served upon the owner of the car or the owner of the property upon which the car is located pursuant to subsection B of this section. Such vehicle shall be impounded until lawfully claimed or disposed of in accordance with 625 ILCS 5/4-200 through 5/4-214.
5.06.030 Violation-Penalty.
A. Whoever causes, erects or continues any nuisance enumerated in the provisions of this chapter shall, for the first offense, be fined sixty dollars ($60.00), and for a subsequent offense shall be subject to a fine of not less than one hundred dollars ($100.00) and not more than seven hundred fifty dollars ($750.00). Each day a nuisance remains following the seven day notice shall constitute a separate offense. A subsequent offense shall be an offense that occurs after a person has previously been adjudicated guilty or paid a fine for an offense under this section.
B. Every such nuisance herein enumerated may be removed as provided in 65 ILCS 5/11-20-13 which provides for the removal of garbage and debris from the private property when the owner of such property, after reasonable notice, refuses or neglects to remove such garbage and debris; and the City may collect from such owner the reasonable cost of said removal. This cost is a lien upon the real estate affected, superior to all subsequent liens and encumbrances, except tax liens, if within sixty (6) days after such costs and expenses incurred the City or person performing the service by authority of the city, in his or her or its own name, files notice of the lien in the office of the Recorder of Deeds of Wayne County. The notice shall consist of a sworn statement setting out:
1. A description of the real estate sufficient for the identification thereof;
2. The amount of money representing the cost and expense incurred or payable for the service; and
3. The date or dates when such costs and expense were incurred by the municipality.
C. Upon payment of the cost and expense by the owner of or persons interested in such property after notice of lien has been filed, the lien shall be released by the City or person in whose name the lien has been filed and the release may be filed of record as in the case of filing notice lien.
