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HomeMy WebLinkAboutOrdinances - MC-83-274 - 10/03/1983 - Ch 27 inoperable vehicle definedORDINANCE NO. MC-83-274 AN ORDINANCE )0, 3'0--3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION i. Sections 27-1 through 27-36 inclusive of the "Municipal Code", City of McHenry, Illinois, be and the same is hereby amended in its entirety to read as follows: SECTION 27-1 DEFINITION: For purposes of this Chapter "inoperable motor vehicle" means any motor vehicle from which, for a period of at least sixty (60) 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, but 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. Historic vehicles over twenty five (25) years of age; and D. A motor vehicle on the premises of a place of business engaged in the wrecking or junking of motor vehicles. ft r SECTION 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. SECTION 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 for public property. SECTION 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 (7) days after written notice is received from the corporate authorities of the City or from the Chief of Police or any member of his Department designated by him, commanding disposition of the inoperable motor vehicle(s). SECTION 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 (7) 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. -2- ft b (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. SECTION 27-6 IMPOUNDING VEHICLES: The Chief of Police, or any member of the Police Department designated by the Chief of Police, is hereby authorized to remove or have removed any vehicle left at any place within the Village 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. SECTION 27-7 DISPOSITION OF UNCLAIMED VEHICLES: 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. SECTION 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. SECTION 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 twenty dollars ($20.00) per day for storage of such vehicle. -3- P SECTION 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. SECTION 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. All ordinances, or parts thereof, in conflict with the terms and provisions hereof, be and the same are hereby repealed to the extent of such conflict. SECTION 3. This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 4. This ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form, as provided by law. -4- i PASSED this 3rd day of October 1983. AYES: Nolan, Bolger, Datz, Busse, Smith, McClatchey, Serritella, Snell NAYS : None ABSTAINED: None ABSENT: None NOT VOTING: None APPROVED this 3rd day of October , 1983. ATTEST: C I T �YC L E �RK -5- MAYOR