CHAPTER 90:
Abandoned and Junked Vehicles
Section
90.01 Abandonment of vehicles prohibited
90.02 Authority to declare inoperable vehicle a nuisance
90.03 Authority to impound; procedure
90.04 Notice to be given to registered owner, state police
90.05 Reclaiming of vehicle by owner
90.06 Disposal of unclaimed vehicle
90.07 Police Department to keep records of reclamation or disposal of vehicle
90.08 Disposition of proceeds of sale
90.10 Vehicle abandoned in public garage or parking area; operator to notify police
90.12 Offensive or unwholesome businesses prohibited.
90.01 ABANDONMENT OF VEHICLES PROHIBITED.
(A) The abandonment of a vehicle as described in division (B) of this section or in § 90.03, or any part thereof, on any highway in this city is unlawful.
(B) The abandonment of a vehicle or any part thereof on private or public property, other than a highway, in view of the general public, anywhere in this city is unlawful except on property of the owner or bailee of the abandoned vehicle. A vehicle or any part thereof so abandoned on private property shall be authorized for removal by the Police Department after a waiting period of seven days or more.
(C) A towing service may begin to process an unclaimed vehicle as abandoned by requesting a record search by the Secretary of State up to ten days after the date of the tow, or any later date acceptable to the Secretary of State. This division shall not apply to vehicles towed by order or authorization of a law enforcement agency.
(ILCS Ch. 625, Act 5, § 4-201) Penalty, see § 90.99
90.02 AUTHORITY TO DECLARE INOPERABLE VEHICLE A NUISANCE.
(A) Definition. For the purpose of this section the following definition shall apply unless the context clearly indicates or requires a different meaning.
INOPERABLE MOTOR VEHICLE.
(1) Shall mean 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.
(2) 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 nor to any motor vehicle that is kept within a building when not in use, to historic vehicles over 25 years of age, or to a motor vehicle on the premises of a place of business engaged in wrecking or junking of motor vehicles. The term ORDINARY SERVICE OR REPAIR OPERATIONS shall be defined as any service or repair operation which is completed within seven days of the vehicle in question being rendered temporarily inoperable.
(3) The term VEHICLE shall mean a machine propelled by power other than human power designed 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 and tractor.
(4) The term INOPERABLE MOTOR VEHICLE shall include any vehicle unregistered for over 90 days and not located within a garage or similar structure enclosed on all sides.
(B) Leaving of wrecked, non-operating vehicles on street. No person shall leave any partially dismantled, non-operating, wrecked, or junked vehicle on any street or highway in the city.
(C) Inoperable vehicles declared to be a nuisance. Inoperable motor vehicles, as defined herein, whether on public or private property, are hereby declared to be a nuisance.
(D) Written notice. All persons are required to dispose of any inoperable motor vehicles under their control upon written notice received from the City Council or from the Chief of Police or any member of the Police Department designated by him commanding such disposition of said inoperable motor vehicle.
(E) Impoundment. The Chief of Police or any member of the Police Department designated by him is hereby authorized to remove or have removed an inoperable vehicle as defined herein. Such vehicle shall be impounded until lawfully claimed or disposed of in accordance with §§ 90.03 through 90.09. The Chief of Police or any member of the Police Department designated by him may enter upon private property at all reasonable hours for the purpose of inspecting such vehicle, posting notice thereon, and removing and impounding such vehicle, and it shall be unlawful for any person to prevent the Chief of Police or his designee from entering on private property for purposes of carrying out his duties hereunder or to interfere with him in the lawful performance of his duties under the provisions of this section. In the alternative, the City Attorney may petition the Circuit Court of Fulton County, Illinois, for an injunction requiring the owner of any inoperable vehicle to dispose of such vehicle and enjoining such individual from further violations of this section. No prosecution under this section may begin until the end of a seven day period during which an offender may bring the vehicle in question into compliance with this section. Any police officer may issue a notice of intent to prosecute to commence the aforementioned seven-day compliance period.
(Am. Ord. 1997-4, passed 7-10-97; Am. Ord. 98-13, passed 9-22-98)
Penalty, see § 90.99
Statutory reference:
Authority to declare inoperable motor vehicles as nuisance, see ILCS Ch. 65, Act 5, § 11-40-3
Authority to impound hazardous dilapidated motor vehicles, see ILCS Ch. 65, Act 5, § 11-40-3.1
90.03 AUTHORITY TO IMPOUND; PROCEDURE.
(A) When a vehicle is abandoned or left unattended on that part of a toll highway, interstate highway, or expressway within the city for two hours or more, its removal by a towing service may be authorized by the Police Department.
(B) When a vehicle is abandoned on a highway in an urban district for ten hours or more, its removal by a towing service may be authorized by the Police Department.
(C) When a vehicle is abandoned or left unattended on a highway other than a toll highway, interstate highway, or expressway, outside of an urban district for 24 hours or more, its removal by a towing service may be authorized by the Police Department.
(D) When an abandoned, unattended, wrecked, burned, or partially dismantled vehicle is creating a traffic hazard because of its position in relation to the highway or its physical appearance is causing the impeding of traffic, its immediate removal from the highway or private property adjacent to the highway by a towing service may be authorized by the Police Department.
(E) Except as provided in ILCS Ch. 625, Act 5, §§ 18a-100 et seq., the owner or lessor of privately owned real property within this city, or any person authorized by such owner or lessor, or the Police Department in the case of publicly owned real property may cause any motor vehicle abandoned or left unattended upon such property without permission to be removed by a towing service without liability for the costs of removal, transportation, or storage or damage caused by such removal, transportation, or storage. The towing or removal of any vehicle from private property without the consent of the registered owner or other legally authorized person in control of the vehicle is subject to compliance with the following conditions and restrictions:
(1) Any towed or removed vehicle must be stored at the site of the towing service’s place of business. The site must be open during business hours, and for the purpose of redemption of vehicles, during the time that the person or firm towing such vehicle is open for towing purposes.
(2) The towing service shall within 30 minutes of completion of such towing or removal, notify the Police Department of such towing or removal, and the make, model, color, and license plate number of the vehicle, and shall obtain and record the name of the person at the Police Department.
(3) If the registered owner or legally authorized person entitled to possession of the vehicle shall arrive at the scene prior to actual removal or towing of the vehicle, the vehicle shall be disconnected from the tow truck and that person shall be allowed to remove the vehicle without interference, upon the payment of a reasonable service fee of not more than one-half the posted rate of the towing service as provided in division (6) below, for which a receipt shall be given.
(4) The rebate or payment of money or any other valuable consideration from the towing service or its owners, managers, or employees to the owners or operators of the premises from which the vehicles are towed or removed, for the privilege of removing or towing those vehicles, is prohibited.
(5) Except for property appurtenant to and obviously a part of a single-family residence, and except for instances where notice is personally given to the owner or other legally authorized person in control of the vehicle that the area in which that vehicle is parked is reserved or otherwise unavailable to unauthorized vehicles and they are subject to being removed at the owner or operator’s expense, any property owner or lessor, prior to towing or removing any vehicle from private property without the consent of the owner or other legally authorized person in control of that vehicle, must post a notice meeting the following requirements:
(a) 1. Except as otherwise provided in (E)(5)(a)2. below, the notice must be prominently placed at each driveway access or curb cut allowing vehicular access to the property within five feet from the public right-of-way line. If there are no curbs or access barriers, the sign must be posted not less than one sign each 100 feet of lot frontage.
2. As an alternative to the requirement in (E)(5)(a)1. above, the notice for a parking lot contained within property used solely for a two-family, three-family, or four-family residence may be prominently placed at the perimeter of the parking lot, in a position where the notice is visible to the occupants of vehicles entering the lot.
(b) The notice must indicate clearly, in not less than two-inch high light-reflective letters on a contrasting background, that unauthorized vehicles will be towed away at the owner’s expense.
(c) The notice must also provide the name and current telephone number of the towing service towing or removing the vehicle.
(d) The sign structure containing the required notices must be permanently installed with the bottom of the sign not less than four feet above ground level, and must be continuously maintained on the property for not less than 24 hours prior to the towing or removing of any vehicle.
(6) Any towing service that tows or removes vehicles and proposes to require the owner, operator, or person in control of the vehicle to pay the costs of towing and storage prior to redemption of the vehicle must file and keep on record with the Police Department a complete copy of the current rates to be charged for such services, and post at the storage site an identical rate schedule and any written contracts with property owners, lessors, or persons in control of property which authorize them to remove vehicles as provided in this section.
(7) No person shall engage in the removal of vehicles from private property as described in this section without filing a notice of intent in the city, and such notice shall be filed at least seven days before commencing such towing.
(8) No removal of a vehicle from private property shall be done except upon express written instructions of the owners or persons in charge of the private property upon which the vehicle is said to be trespassing.
(9) Vehicle entry for the purpose of removal shall be allowed with reasonable care on the part of the person or firm towing the vehicle. Such person or firm shall be liable for any damages occasioned to the vehicle if such entry is not in accordance with the standards of reasonable care.
(10) When a vehicle has been towed or removed pursuant to this section, it must be released to its owner or custodian within one-half hour after requested, if such request is made during business hours. Any vehicle owner or custodian or agent shall have the right to inspect the vehicle before accepting its return, and no release or waiver of any kind which would release the towing service from liability for damages incurred during the towing and storage may be required from any vehicle owner or other legally authorized person as a condition of release of the vehicle. A detailed, signed receipt showing the legal name of the towing service must be given to the person paying towing or storage charges at the time of payment, whether requested or not.
(a) This section shall not apply to law enforcement, firefighting, rescue, ambulance, or other emergency vehicles which are marked as such or to property owned by any governmental entity.
(b) When an authorized person improperly causes a motor vehicle to be removed, such person shall be liable to the owner or lessee of the vehicle for the cost of removal, transportation, and storage, any damages resulting from the removal, transportation, and storage, attorney’s fee, and court costs.
(c) Any towing or storage charges accrued shall be payable by the use of any major credit card, in addition to being payable in cash.
(11) Towing companies shall also provide insurance coverage for areas where vehicles towed under the provisions of this chapter will be impounded or otherwise stored, and shall adequately cover loss by fire, theft, or other risks. Any person or company who violates this requirement shall be fined not less than $100 nor more than $500.
(F) When a vehicle is determined to be a hazardous dilapidated motor vehicle pursuant to ILCS Ch. 65, Act 5, § 11-40-3.1, its removal and impoundment by a towing service may be authorized by the Police Department.
(G) When a vehicle is removed as set forth herein, the owner of the vehicle shall be responsible for all towing and storage charges. Vehicles may become subject to a lien as set forth in ILCS Ch. 625, Act 5, § 4-203(g) for unpaid charges.
(ILCS Ch. 625, Act 5, § 4-203(a) -(d), (f), (g))
(H) When an abandoned, lost, stolen, or unclaimed vehicle comes into the temporary possession or custody of a person in this city not the owner of the vehicle, that person shall immediately notify the Police Department. Upon receipt of such notification, the police will authorize a towing service to remove and take possession of the abandoned, lost, stolen, or unclaimed vehicle. The towing service will safely keep the towed vehicle and its contents, and maintain a record of the tow as set forth in division (I) below until the vehicle is claimed by the owner or other person legally entitled to possession thereof or until it is disposed of as provided in this chapter. (ILCS Ch. 625, Act 5, § 4-202)
(I) When a vehicle is authorized to be towed away as provided in this section:
(1) The authorization, any hold order, and any release shall be in writing, or confirmed in writing, with a copy given to the towing service.
(2) The Police Department shall keep and maintain a record of the vehicle towed, listing the color, year of manufacture, manufacturer’s trade name, manufacturer’s series name, body style, vehicle identification number, license plate year and number, and registration sticker year and number displayed on the vehicle. The record shall also include the date and hour of tow, location towed from, location towed to, reason for towing, and the name of the officer authorizing the tow.
(3) The owner, operator, or other legally entitled person shall be responsible to the towing service for payment of applicable removal, towing, storage, and processing charges and collection costs associated with a vehicle towed or held under order or authorization of the Police Department. If a vehicle towed or held under order or authorization of the Police Department is seized by the Police Department or any other law enforcement or governmental agency and sold, any unpaid removal, towing, storage, and processing charges and collection costs shall be paid to the towing service from the proceeds of the sale. If applicable law provides that the proceeds are to be paid into the treasury of the appropriate civil jurisdiction, then any unpaid removal, towing, storage, and processing charges and collection costs shall be paid to the towing service from the treasury of the civil jurisdiction. That payment shall not, however, exceed the amount of proceeds from the sale, with the balance to be paid by the owner, operator, or other legally entitled person.
(4) Upon delivery of a written release order to the towing service, a vehicle subject to a hold order shall be released to the owner, operator, or other legally entitled person upon proof of ownership or other entitlement and upon payment of applicable removal, towing, storage, and processing charges and collection costs.
(ILCS Ch. 625, Act 5, § 4-204)
Statutory reference:
Impoundment of vehicle driven by person arrested for driving under the influence of alcohol, drugs or the like, see ILCS Ch. 625, Act 5, § 4-203(e)
90.04 NOTICE TO BE GIVEN TO REGISTERED OWNER, STATE POLICE.
(A) (1) When the Police Department authorizing the impounding of a vehicle does not know the identity of the registered owner, lienholder, or other legally-entitled person, it will cause the vehicle registration records of the state to be searched by the Secretary of State for the purpose of obtaining the required ownership information.
(2) (a) The Police Department will cause the stolen motor vehicle files of the state police to be searched by a directed communication to the state police for stolen or wanted information on the vehicle. When the state police files are searched with negative results, the information contained in the National Crime Information Center (NCIC) files will be searched by the state police. The information determined from these record searches will be returned to the Police Department for use in sending notice by certified mail to the registered owner, lienholder, or other legally-entitled person advising where the vehicle is held, requesting a disposition be made, and setting forth public sale information.
(b) Notification shall be sent no later than business ten days after the date the Police Department impounds or authorizes the impounding of a vehicle, provided that if the Police Department is unable to determine the identity of the registered owner, lienholder, or other person legally-entitled to ownership of the impounded vehicle within a ten-day business period after impoundment, then notification shall be sent no later than two days after the date the identity of the registered owner, lienholder, or other person legally entitled to ownership of the impounded vehicle is determined. Exceptions to a notification by certified mail to the registered owner, lienholder, or other legally-entitled persons are as set forth in § 90.06(B).
(3) (a) When ownership information is needed for a towing service to give notification as required under this chapter, the towing service may cause the vehicle registration records of the state to be searched by the Secretary of State.
(b) The written request of a towing service, in the form and containing the information prescribed by the Secretary of State by rule, may be transmitted to the Secretary of State in person, by U.S. mail or other delivery service, by facsimile transmission, or by other means the Secretary of State deems acceptable.
(c) The Secretary of State shall provide the required information, or a statement that the information was not found in the vehicle registration records of the state, by U.S. mail or other delivery service, facsimile transmission, as requested by the towing service, or by other means acceptable to the Secretary of State.
(4) The Secretary of State may prescribe standards and procedures for submission of requests for record searches and replies via computer link.
(5) Fees for services provided under this section shall be in amounts prescribed by the Secretary of State under ILCS Ch. 625, Act 5, § 3-821.1. Payment may be made by the towing service using cash, any commonly accepted credit card, or any other means of payment deemed acceptable by the Secretary of State.
(ILCS Ch. 625, Act 5, § 4-205)
(B) When the registered owner, lienholder, or other person legally entitled to the possession of a vehicle cannot be identified from the registration files of this state or other state, if applicable, the Police Department shall notify the state police for the purpose of identifying the vehicle owner or other person legally entitled to the possession of the vehicle. The information obtained by the state police will be immediately forwarded to the Police Department for notification purposes as set forth in division (A) above. (ILCS Ch. 625, Act 5, § 4-206)
90.05 RECLAIMING OF VEHICLE BY OWNER.
Any time before a vehicle is sold at public sale or disposed of as provided in § 90.06(A), the owner, lienholder, or other person legally entitled to its possession may reclaim the vehicle by presenting to the Police Department proof of ownership or proof of the right to possession of the vehicle. No vehicle shall be released to the owner, lienholder, or other person under this section until all towing, storage, and processing charges have been paid.
(ILCS Ch. 625, Act 5, § 4-207)
90.06 DISPOSAL OF UNCLAIMED VEHICLE.
(A) Disposal of unclaimed vehicles with notice.
(1) When an abandoned, lost, stolen, or unclaimed vehicle seven years of age or newer remains unclaimed by the registered owner, lien-holder, or other legally entitled persons for a period of 30 days after notice has been given as required by § 90.04, the Police Department or towing service having possession of the vehicle shall cause it to be sold at public auction to a person licensed as an automotive parts recycler, rebuilder, or scrap processor under state law. Notice of the time and place of the sale shall be posted in a conspicuous place for at least ten days prior to the sale on the premises where the vehicle has been impounded. At least ten days prior to the sale, the Police Department where the vehicle is impounded, or the towing service where the vehicle is impounded, shall cause a notice of the time and place of the sale to be sent by certified mail to the registered owner, lienholder, or other legally entitled persons. Such notice shall contain a complete description of the vehicle to be sold and what steps must be taken by any legally-entitled person to reclaim the vehicle.
(2) If an abandoned, lost, stolen, or unclaimed vehicle displays dealer plates, notice under divisions (A) and (B) of this section shall be sent to both the dealer and the registered owner, lienholder, or other legally entitled persons.
(3) In those instances where the certified notification specified in § 90.04 has been returned by the postal authorities to the Police Department or towing service due to the addressee having moved, or being unknown at the address obtained from the registration records of this state, the sending of a second certified notice will not be required.
(ILCS Ch. 625, Act 5, § 4-208(b) -(d))
(B) Disposal of unclaimed vehicles more than seven years of age; disposal of abandoned or unclaimed vehicles without notice.
(1) When the identity of the registered owner, lienholder, or other legally entitled persons of an abandoned, lost, or unclaimed vehicle of seven years of age or newer cannot be determined by any means provided for in this chapter, the vehicle may be sold as provided in § 90.06(A) without notice to any person whose identity cannot be determined.
(2) When an abandoned vehicle of more than seven years of age is impounded as specified by this chapter, or when any such vehicle is towed at the request or with the consent of the owner or operator and is subsequently abandoned, it will be kept in custody or storage for a minimum of ten days for the purpose of determining the identity of the registered owner, lienholder, or other legally entitled persons and contacting the registered owner, lienholder, or other legally entitled persons by the U.S. Mail, public service, or in person for a determination of disposition; and for an examination of the state police stolen vehicle files for theft and wanted information. At the expiration of the ten-day period, without the benefit of disposition information being received from the registered owner, lienholder, or other legally entitled persons, the vehicle may be disposed of in either of the following ways:
(a) The Police Department will authorize the disposal of the vehicle as junk or salvage.
(b) The towing service may sell the vehicle in the manner provided in division (A) of this section, provided that this division (B)(2) shall not apply to vehicles towed by order or authorization of a law enforcement agency.
(3) A vehicle classified as an antique vehicle, custom vehicle, or street rod may however be sold to a person desiring to restore it.
(ILCS Ch. 625, Act 5, § 4-209)
(C) Collection of unpaid charges. In an action to collect towing, storage, and processing charges that remain unpaid after disposition of a vehicle towed or relocated under this chapter, the towing service may recover reasonable collection costs. (ILCS Ch. 625, Act 5, § 4-209.2)
(D) Titling vehicles after public sale; removal of liens. When an applicant for a certificate of title under this chapter presents to the Secretary of State proof that he has purchased or acquired a vehicle at a public sale as authorized by this chapter and such fact is certified to by the Police Department of this city, the Secretary of State shall issue a certificate of title for the vehicle upon receipt of the statutory fee and a properly executed application for a certificate of title. The title issued by the Secretary of State under this division shall be free of any lien that existed against the vehicle prior to the time the vehicle was acquired by the applicant under this chapter. (ILCS Ch. 625, Act 5, § 4-212)
90.07 POLICE DEPARTMENT TO KEEP RECORDS OF RECLAMATION OR DISPOSAL OF VEHICLE.
When a vehicle in the custody of the Police Department is reclaimed by the registered owner, lienholder, or other legally-entitled person, or when the vehicle is sold at public sale or otherwise disposed of as provided in this chapter, a report of the transaction will be maintained by the Police Department for a period of one year from the date of the sale or disposal.
(ILCS Ch. 625, Act 5, § 4-210)
90.08 DISPOSITION OF PROCEEDS OF SALE.
When a vehicle located within the city is authorized to be towed away by the Police Department and disposed of as set forth in this chapter, the proceeds of the public sale or disposition after the deduction of towing, storage, and processing charges shall be deposited in the Treasury of the city.
(ILCS Ch. 625, Act 5, § 4-211)
90.09 LIABILITY.
(A) A police officer or the Police Department, or the towing service owner, operator, or employee shall not be held to answer or be liable for damages in any action brought by the registered owner, former registered owner, or his or her legal representative, lienholder, or any other person legally entitled to the possession of a vehicle when the vehicle was processed and sold or disposed of as provided by this chapter.
(B) A towing service, and any of its officers or employees, that removes or tows a vehicle as a result of being directed to do so by a law enforcement officer or agency or by the Police Department shall not be held to answer or be liable for injury to, loss of, or damages to any real or personal property that occurs in the course of the removal or towing of a vehicle or its contents on a limited access highway in a designated Incident Management Program that uses fast lane clearance techniques as defined by the Department of Transportation.
(ILCS Ch. 625, Act 5, § 4-213)
90.10 VEHICLE ABANDONED IN PUBLIC GARAGE OR PARKING AREA; OPERATOR TO NOTIFY POLICE.
(A) An operator of a place of business for garaging, repairing, parking, or storing vehicles for the public in which a vehicle remains unclaimed after being left for the purpose of garaging, repairing, parking, or storage for a period of 15 days shall, within five days after the expiration of that period, report the vehicle as unclaimed to the city Police Department.
(B) This section does not apply to any vehicle:
(1) Removed to a place of storage by the city Police Department in accordance with §§ 90.01 and 90.03; or
(2) Left under a garaging, repairing, parking, or storage order signed by the owner, lessor, or other legally entitled person.
(C) Failure to comply with this section will result in the forfeiture of storage fees for that vehicle involved.
(ILCS Ch. 625, Act 5, § 4-107(c))
90.11 LICENSES.
(A) (1) With regard to (a) individuals holding licenses for the sale of new or used vehicles pursuant to 625 ILCS 5/5-101 and 625 ILCS 5/5-102 and (b) individuals holding licenses for automotive parts recyclers, scrap processors, repairers and rebuilders pursuant to 625 ILCS 5/5-301, no person holding one or both of the above referenced license types shall keep more than five inoperable motor vehicles upon his open real property for any period exceeding 30 days within the city without obtaining a license for the operation of a junkyard, with the exception of vehicles contained within a building when not in use shall not be included in calculating the above referenced five vehicles.
(2) For the purpose of this division, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
ADJACENT PARCELS. Includes all parcels whose boundaries touch one another or which are separated only by a street or alley.
OPEN REAL PROPERTY. Shall include all adjacent parcels in which any single individual or entity has an ownership or possessory interest of any sort, including, but not limited to fee, leasehold, license, installment contract purchaser status, or permissive use. The failure of any owner of any parcel of property to request that the city remove any vehicle not titled in his or her name from such parcel pursuant to ordinance shall be considered proof that such vehicle is located upon the property with the permission of the owner.
PARCEL. Includes all property within the city limits contained within a single tax identification number assigned by the Fulton County Assessor’s Officer for purposes of general real estate taxes.
(B) Licenses for the operation of junkyards shall be classified as follows:
(1) A Junkyard License, Class 1, shall allow the holder of such license to operate a junkyard for the collection, salvage, and storage of up to ten vehicles upon his real property, provided that all areas of such junkyard which contain inoperable vehicles be surrounded by an opaque fence not less than eight feet in height. The cost of such license shall be $500.00 per year.
(2) A Junkyard License, Class 2, shall allow the holder of such license to operate a junkyard for the collection, salvage, and storage of up to 50 vehicles upon his real property, provided that all areas of such junkyard which contain inoperable vehicles be surrounded by a opaque fence not less than eight feet in height. The cost of such license shall be $1,000.00 per year.
(C) No license shall be issued under this section for a license under this section which contains a building which does not meet state, county, or municipal building, sewage, or plumbing codes. Prior to issuance of a license, the Mayor or Chief of Police may require submission to an inspection to insure compliance with such codes. Further, no license shall be issued under this section for premises which are not zoned to allow automotive junkyards pursuant to Article XI, Section 2, Sub-section II (allowing use within I-2 district for “open building materials storage or sales yard, including rock, sand, gravel, junk, automobile or vehicle wrecking yard, open fuel storage or sale yard, and salvage yard.”
(D) The maximum number of licenses as indicated above shall be:
(1) Junkyard License, Class 1 2
(2) Junkyard License, Class 2 1
(E) The penalty for violation of this section shall be a minimum of $200.00 and a maximum of $750.00. The Circuit Court may enjoin the operation of any establishment in violation of this section.
(Ord. 1997-4, passed 7-10-97; Am. Ord. 06-2, passed 1-24-06; Am. Ord. 2009-5, passed 7-14-09)
90.12 OFFENSIVE OR UNWHOLESOME BUSINESSES PROHIBITED.
(A) No person shall operate any offensive or unwholesome business or establishment within the municipality. With respect to all businesses, including (1) individuals holding licenses for the sale of new or used vehicles pursuant to ILCS Ch. 625, Act 5, § 5-101 and ILCS Ch. 625, Act 5, § 5-102 and (2) individuals holding licenses for automotive parts recyclers, scrap processors, repairers and rebuilders pursuant to ILCS Ch. 625, Act 5, § 5-301, no person shall operate such a business upon real property which contains a building which does not meet state, county, or municipal building, health, sewage, or plumbing codes.
(B) No person shall be authorized to operate any business within the city limits unless he shall, upon request of the Mayor or Chief of Police, submit to an inspection to confirm compliance with state, county, or municipal building, health, sewage, or plumbing code.
(C) Upon completion of inspection pursuant to division (B), above, the owner of said business shall be provided with a report of such inspection within 30 days. Said owner shall have 30 days following receipt of such report to remedy any and all violations noted in such report. Upon a showing that the owner has contacted two or more reputable contractors and has been unable to contact to have such violations abated within such 30 day period, the above referenced period shall be extended for a reasonable time. Proof of such attempts to contract shall consist of signed statements of contractors holding all necessary credentials, including the following information: (1) name of contractor, (2) business address, (3) telephone number, (4) estimated cost of repairs, (5) estimated date that repairs may begin, (6) estimated date by which repairs will be completed. In the event that the above provisions conflict with any state statute or administrative rule shall be controlling.
(D) The penalty for violation of this section shall be a minimum of $200.00 and a maximum of $750.00 for the first day of violation. Additional days of an identical, continuing violation shall be penalized by a minimum of $50.00 per day and a maximum of $500.00 per day. The Circuit Court may enjoin the operation of any establishment in violation of this section. The Circuit Court shall further assess the city’s attorney’s fees against any violator convicted under this section.
(Ord. 1997-4, passed 7-10-97)
90.99 PENALTY.
(A) Any person who violates §§ 90.01 and 90.02 or who aids and abets in that violation:
(1) Shall be subject to a mandatory fine of $200; and
(2) Shall be required by the court to make a disposition on the abandoned or unclaimed vehicle and pay all towing, storage, and processing charges and collections costs pursuant to § 90.03.
(B) (1) When a vehicle is abandoned, it shall be presumed that the last registered owner is responsible for the abandonment and shall be liable for all towing, storage, and processing charges and collection costs, less any amounts realized in the disposal of the vehicle. The last registered owner’s liability for storage fees may not exceed a maximum of 30 days’ storage fees.
(2) The presumption established under this division (B) may be rebutted by showing that prior to the time of the tow:
(a) A report of vehicle theft was filed with respect to the vehicle; or
(b) The vehicle was sold or transferred and the last registered owner provides the towing service with the correct identity and address of the new owner at the time of the sale or transfer.
(3) If the presumption established under this division (B) is rebutted, the person responsible for theft of the vehicle or to whom the vehicle was sold or transferred is liable for all towing, storage, and processing charges and collection costs.