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HomeMy WebLinkAboutOrdinances - MC-73-66 - 01/02/1973 - abandoned and junk vehicles ordLOOZE p. KINNE ATTt :Ys 3431 W. ELM STREET MCHENRY. ILLINOIS MC-66 AN ORDINANCE RELATING TO ABANDONED, WRECKED, JUNKED AND DISMANTLED MOTOR VEHICLES; PRO- HIBITING THE STORAGE, REPAIR, OR DISMANTLING THEREOF ON PUBLIC OR PRIVATE PROPERTY; DECLARING THE SAME TO BE A NUISANCE; PRO- VIDING FOR THE ABATEMENT OF SUCH NUISANCES; AND PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE. WHEREAS, motor vehicles are or may in the future be abandonec dismantled, partially dismantled, wrecked, junked, inoperative or dis- carded or left about the City, in places other than junk yards or other appropriate areas; and WHEREAS, such conditions tend to impede traffic in the streets; interfere with the enjoyment of property; reduce the value of private property; invite plundering; create fire hazards; and in other ways result in a serious hazard to the public health, safety, comfort, conveni- ence and welfare; and WHEREAS, the authority to regulate the disposition of such vehicles is given to the City under the provisions of Section 11 -40-3 of Chapter 24 of the Illinois Revised Statutes; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, Illinois, that the Municipal Code of such City be and hereby is amended as follows: By adding to Chapter 12 of said Municipal Code a new section to be known as Article XIX. 1. SHORT TITLE. This Ordinance shall be known and may be cited as the "Junked Vehicle Ordinance". 2. DEFINITIONS. For the purposes of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, the words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory. - 1 - CERT. OF PUBLICATION ATTACHED TO ORIGINAL LOOZE - KINNE ATTC =Ys 3431 W. EW STREET WHENRY, ILLINOIS a. "City is the City of McHenry, Illinois. b. "Motor Vehicle" is any vehicle which is self-propelled and designed to travel along the ground and shall include, but not be limited to, automobiles, buses, recreational vehicles, motor --bikes, motorcycles, motor - scooters, trucks, tractors and trailers. C. A "junked motor vehicle" means any motor vehicle as described in "b" of this section, stored on private property, for a period of at least six (6) months, 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. d. "Person" shall mean any person, firm, partnership, association, corporation, company or organization of any kind. e. "Private property" shall mean any real property within the City which is privately owned and which is not public property as defined herein. f, "Public property" shall mean any street or highway, which shall include the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel, and shall also mean any other publicly owned property or facility. 3. STORING, PARKING OR LEAVING DISMANTLED SUCH VEHICLE IS HEREBY PROHIBITED AND DECLARED A NUISANCE. No person shall park, store, leave, or permit the parking, storing or leaving of any motor vehicle as defined herein which is in an abandoned, wrecked, dismantled, inoperative, rusted, junked, or partially dis- mantled condition, whether attended or not, upon any public property within the City for more than ten (10) hours and upon any private property for a period of more than six (6) months. The presence of such vehicle is hereby declared a public nuisance which may be abated as such in accordance with the provisions of this Ordinance. 4. EXCEPTIONS. The provisions of this Ordinance shall not apply to any vehicle which has been rendered temporarily incapable of being driven under its own power in order to perform ordinary service or repair operations, providing that such period of inoperation shall not exceed six (6) months. - 2 - LOOZE ' KINNE ATTt FyS 3431 W. ELM STREET WHENRY, ILLINOIS The provisions of this Ordinance shall not apply to any motor vehicle which is kept within a building when not in use or to historic vehicles over twenty- five (25) years of age, nor to any motor vehicle on the premises of a place of business lawfully engaged in the wrecking or junking of motor vehicles. 5. NOTICE TO REMOVE FROM PRIVATE PROPERTY. Whenever it comes to the attention of the Chief of Police that any nuisance, as defined in this section of the Ordinance, exists upon private property in the City of McHenry, a notice in writing shall be served upon the occupant of the land where the nuisance exists, or if there shall. be 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 the time specified in this Ordinance. 6. RESPONSIBILITY FOR REMOVAL. Upon proper notice and opportunity to be heard, the owner of the junked vehicle and the owner or occupant of the private property on which the same is located, either or all of them, shall be responsible for its removal. In the event of removal and disposition by the City, the owner or occupant of the private property where the same is located shall be liable for the expenses incurred. 7. NOTICE PROCEDURE. The Chief of Police of the City of McHenry shall give notice of removal to the owner or occupant of the private property where the nuisance is located at least ten (10) days before the time of compliance. It shall constitute sufficient notice when a copy of same 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. 8. CONTENT OF NOTICE. The notice shall contain the request for removal within the specified ten (10) days and shall advise that, upon 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. 9. REQUEST FOR HEARING. The persons to whom the notices are directed, or their duly authorized agents, may file a written request for hearing before the City Council of the City of McHenry within the ten (10) day period of compliance as prescribed herein, for the purpose of defending the charges by the City. - 3 - LOOZE - KINNE ATT EYS 3431 W. ELM STREET McHENRY, ILLINOIS 10. PROCEDURE FOR HEARING. The hearing shall be held as soon as practicable after the filing of the request and the persons to whom the notices are directed shall be advised of the time and place of said hearing at least five (5) days in advance thereof. At such hearing any party may introduce such witnesses and evidence as they deem necessary. 11. REMOVAL OF MOTOR VEHICLE FROM PRIVATE PROPERTY. If the violation described in the notice has not been remedied within the ten (10) day period of compliance or if a public hearing is had and the existence of the violation has been affirmed by the City Council, the Chief of Police, or his designee, shall have the right to take possession of the junked vehicle and remove it from the premises. It shall be unlawful for any person to interfere with the removal of the vehicle, or refuse to allow the Chief of Police or his designee to enter upon private property for the purposes of such removal. 12. NOTICE OF REMOVAL. Within .forty-eight (48) hours of the removal of the vehicle, the Chief of Police shall give notice to the registered owner of the vehicle, if known, and also to the owner or the occupant of the private property from which the vehicle was removed, that said vehicle has been impounded and stored for a violation of this Ordinance. The notice shall give the location of storage and the costs incurred by the City for its removal. 13. DISPOSITION OF VEHICLE. Upon removing a vehicle under the provisions of this section, the City shall, after ten (10) days, cause it to be appraised. If the vehicle shall appraise at $75. 00 or less, the Chief of Police shall execute an affidavit so attesting, describing the vehicle, including the license number, if any, and stating the location and appraised value of the vehicle. The Chief of Police, after complying with the above, may summarily dispose of the vehicle and execute a certificate of sale. If the vehicle is appraised at over $75. 00 the Chief of Police shall give notice of a public sale of the vehicle not less than ten (10) days before the date of the proposed sale. 14. CONTENT OF SALE NOTICE. The notice of sale shall state: a. The sale is of abandoned property in the possession of the City. b. A description of the vehicle, including make, model, license number, and any other information. - 4 - LOOZE 'i KINNE ATT EYS 3431 W. ELM STREET McHENRY, ILLINOIS C. The terms of the sale. d. The date, time and place of the sale. 15. PUBLIC SALE. The vehicle shall be sold to the highest and best bidder. At the time of payment of the purchase price, the Chief of Police shall execute a certificate of sale in duplicate, the original of which is to be given to the purchaser and the copy thereof to be filed with the City Clerk. Should the sale for any reason be invalid, the City's liability shall be limited to a return of the purchase price. 16. REDEMPTION OF IMPOUNDED VEHICLES. The owner of any vehicle seized under the provisions of this Ordinance 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 $5. 00 per day for storage of such vehicle. 17. LIABILITY OF OWNER OR OCCUPANT. Upon the failure of the owner or occupant of property on which abandoned vehicles have been removed by the City to pay the unrecovered expenses incurred by the City in such removal, a lien shall be placed upon the property for the amount of such expenses. 18. NOTICE TO REMOVE FROM PUBLIC PROPERTY. Whenever it comes to the attention of the Chief of Police that any nuisance, as defined in this section of the Ordinance, exists on public property in the City of McHenry, the Chief of Police shall make diligent effort to determine the identity of the owner of the vehicle constituting such nuisance. It shall be sufficient to give oral notice of the violation to the owner, if he can be found, to effect removal within the ten (10) hour period as established in paragraph 3 herein. 19. REMOVAL OF VEHICLE FROM PUBLIC PROPERTY. Upon the failure of the owner to comply, or upon inability to locate the owner, the Chief of Police, or his agent, shall undertake the removal of the vehicle with the costs thereof to be levied against the owner. 20. DISPOSITION OF VEHICLES REMOVED FROM PUBLIC PROPERTY. Upon removal of the vehicle from public property, the Chief of Police shall follow the procedures as established in paragraphs 13, 14 and 15 of this section. -5-- 21. PENALTY. Any person violating any of the provisions of this Ordinance shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine of not more than $200. 00. Each act in violation of any of the provisions hereof shall be deemed a separate offense. 22. EFFECTIVE DATE. This Ordinance shall take effect ten (10) days after its passage, approval and publication, as by statute provided. PASSED and approved this Attest:—r44( City Jerk 2nd day of January, 1973. Mayor Voting Aye: Bolger, Harker, Howard, Hrome:c, Pitzen, Rogers, Smith, Stanek. Voting Nay: None. Absent: None. LOOZE sic KINNE Ar 4EYS 3431 W. ELM STREET MCHENRY, ILLINOIS - 6 -