HomeMy WebLinkAboutOrdinances - MC-07-945 - 12/10/2007 - REPEAL AND UPDATE MC CH 27 ABANDONED VEHICLESe
Ordinance No. MC-07- 945
An Ordinance providing for updates to
Chapter 27 of the City of McHenry Municipal Code.
BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry
County, Illinois as follows:
SECTION 1: That Chapter 27 Wrecked, Junked and Abandoned Vehicles of the City
of McHenry Municipal Code is hereby repealed and replaced with the following:
MUNICIPAL CODE
CHAPTER 27
WRECKED, JUNKED AND ABANDONED VEHICLES
ARTICLE I. RESERVED
Sec. 27-1. Definition. (MC-94-618; MC-02-812)
For purposes of this Chapter, "inoperable motor vehicle" means all motor vehicles which, in their
present state or condition, cannot be driven on a public street or highway in full compliance with
all provisions of the Illinois Vehicle Code (625 ILCS 5/1-101, et seq.), and ordinances of the
City of McHenry, and which have remained in such a state or condition for a period of seven
consecutive days. This definition shall not include:
(a) 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;
(b) Any motor vehicle that is kept within a building when not in use;
(c) A motor vehicle on the premises of a place of business engaged in the wrecking
or junking of motor vehicles.
Sec. 27-2. Nuisance declared.
All inoperable motor vehicles, whether on public or private property and in view of the general
public within the City, are hereby declared nuisances.
See.27-3. Permission.
A person shall not deposit upon any public or private roadway, alley, driveway, parking area or
other place within the City limits any inoperable motor vehicle or part thereof without first
obtaining permission of the owner, occupant or agent of private property or the Police
Department of the City.
Sec. 27-4. Disposition of inoperable motor vehicle upon receipt of notice.
A person is required to dispose of any inoperable motor vehicle(s) under his or her control within
seven days after written notice is received from the corporate authorities of the City or from the
Chief of Police or his designee, commanding disposition of the inoperable motor vehicle(s).
Sec. 27-5. Service and content of notice.
(a) The written notice herein shall be served upon the occupant of the land where the
nuisance exists, or if there is no occupant, then upon the owner of the property, or his
agent, giving notice of the existence of the nuisance and requesting its removal within
seven days from the date notice is received. The notice shall further state that, upon the
owner's or occupant's failure to comply with the notice to remove, the City or its agent
shall undertake such removal with the costs thereof to be levied against the owner or
occupant of the property.
(b) It shall constitute sufficient notice under this Section when a copy of the notice is posted
in a conspicuous place upon the private property on which the vehicle is located and
when duplicate copies are sent by certified mail to the owner or occupant of the private
property at his last -known address.
Sec. 27-6. Impounding vehicles.
The Chief of Police, or his designee, is hereby authorized to remove or have removed any
vehicle left at any place within the city which reasonably appears to be in violation of the
provisions of this Chapter, or which reasonably appears to be lost, stolen or unclaimed, or which
is an inoperable vehicle as defined in this Chapter.
Sec. 27-7. Disposition of unclaimed vehicles - Procedure.
The procedure to be followed by the Police Department in regard to abandoned, lost, stolen or
unclaimed vehicles shall be in accordance with State law.
Sec. 27-8. Same - Liability and lien for expenses.
In the event of removal of a vehicle under this Chapter by the City, the owner or occupant of the
private property from which it was removed shall be liable for the expenses incurred. Upon the
failure of such owner or occupant to pay the unrecovered expenses incurred by the City in such
removal, a lien may be placed upon the property for the amount of such expenses.
Sec. 27-9. Redemption of vehicle removed by City.
The owner of any vehicle removed by the City under the provisions of this Chapter may redeem
such vehicle at any time after its removal, but prior to the sale or destruction thereof, upon proof
of ownership and payment to the Chief of Police all such sums as he may determine and fix for
the actual and reasonable expense of removal, including any preliminary sale advertising
expense, plus $20.00 per day for storage of such vehicle.
Sec. 27-10. Interpretation of provisions.
Nothing in this Chapter shall be construed to limit the power of the City to abate a nuisance
where the circumstances creating the nuisance include the maintenance of a motor vehicle on
public or private property.
See.27-11. Penalty.
Any person, firm or corporation violating any provision of this Chapter shall be fined as
provided in Section 1-8 of this Municipal Code for each day such violation shall continue.
SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid or nullify the
remainder thereof, which remainder shall remain and continue in full force and effect.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval
and publication in pamphlet form (which publication is hereby authorized) as provided by law.
Passed and approved this I Oth day of December, 2007.
Voting Aye: SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDON
Voting Nay: NONE
Not Voting: NONE
Absent: NONE
Abstain: NONE
( SEAL)
APPROVED:
ayor
ATTEST:
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City C rk