Chapter 7.60 ABANDONED VEHICLES

(1) "Abandoned vehicle" means any vehicle parked or otherwise located on a highway or public property and (1) incapable of being driven under its own motor power or (2) has not been moved or used for seven consecutive days or more and is apparently deserted. Any vehicle parked or otherwise located on a highway or public property which has not been moved or used for seven consecutive days shall be presumed to be abandoned.

(4) "Junk vehicle" means any vehicle which is in a wrecked, dismantled, partly dismantled, burned or inoperative condition. A junk vehicle is also a 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. (Ord. 90-1292 § 1 (part), 1990)

Unless otherwise provided for in this chapter, all junk motor vehicles shall be garaged when in a residential district. (Ord. 90-1292 § 1 (part), 1990)

All junk vehicles, whether on public or private property, which are in view of the general public, are declared a nuisance, and any person who violates any provision of this chapter pertaining thereto or who fails to obey a notice which states that such person is to dispose of that vehicle under his control shall be subject to the fines and penalties as provided for in Section 7.60.070. (Ord. 90-1292 § 1 (part), 1990)

After seven days from the issuance of a notice of violation as required under Section 7.60.070, members of the police department or a towing service authorized by the department may enter upon public or private property and remove any junk vehicle, or parts thereof, for the purpose of disposing of the same. The cost for such removal and storage shall be paid by the owner of either the vehicle or the property. However, nothing in this section shall apply to any motor vehicle that is kept enclosed within a garage structure, nor does this section apply to operable antique vehicles or to a motor vehicle on the premises of a place of business lawfully engaged in the wrecking or junking of motor vehicles. (Ord. 90-1292 § 1 (part), 1990)

The provisions of this chapter shall not be construed to amend or alter any provisions contained in other ordinances regulating the parking and/or storing of motor vehicles or recreational vehicles. (Ord. 90-1292 § 1 (part), 1990)

(a) Whenever the village police department determines there has been a violation of this chapter or has reasonable grounds to believe a violation has occurred, written notice shall be given to the owner of a vehicle in violation of this chapter or to the owner or occupant of the real estate on which such vehicle is located, informing such person that the vehicle must be disposed of or enclosed in a garage structure or such vehicle will be removed by the village police within seven days after receipt of the notice. Such notice shall also inform the addressee of the legal and factual basis for the intended removal.

(b) A notice of intent to tow sticker shall be placed an all vehicles subject to towing and indicating substantially the same information as contained in the seven-day notice required under this section, and also the address and phone number of the police department.

(c) The police may enter upon private property at all reasonable hours for the purpose of inspecting vehicles which appear to be in violation of this chapter, posting notice thereon, service of the seven-day notice required by this section, and removing and impounding vehicles. It shall be unlawful for any person to prevent the police from entering on private property for purposes of carrying out its duties hereunder.

(d) Notice required hereunder shall be deemed to be properly served if a copy is delivered to the owner personally or by leaving a copy of the notice at the usual place of the owner’s abode with someone residing there of suitable age and discretion who shall be informed of the purpose and contents of the notice. Notice may also be served by certified or registered mail, return receipt requested, addressed to the owner at his last known address. The term "owner" as used in this subsection means either the owner of the vehicle as reflected by the records of the Secretary of State of Illinois, or the owner or occupant of the real estate on which the vehicle is located. (Ord. 90-1292 § 1 (part), 1990)

In addition to or in lieu of proceeding under Section 7.60.050, 7.60.060 and/or 7.60.070, and at the sole discretion of the police department, the village may commence a court action by the filing of a complaint under the provisions of this chapter against the owner of any vehicle in violation of this chapter and/or the owner or occupant of the real estate on which such vehicle is located. A summons and complaint to appear for trial shall be issued to the owner of the vehicle or the owner or occupant of the real estate on which the vehicle is located and shall be served in the same manner and under the same procedures employed for traffic violations. (Ord. 90-1292 § 1 (part), 1990)

(a) Upon issuance of a summons and complaint under this chapter, any person or entity, upon conviction of violating any provisions of this chapter, shall be fined not less than one hundred dollars nor more than five hundred dollars for each violation. A separate citation under this chapter may be issued for each day that the violation continues and each such citation shall constitute a separate and distinct offense.

(b) In addition to the fines imposed under this section, any person or entity, upon conviction of violating any provisions of this chapter, shall also be ordered to remove any vehicle in violation of this chapter if such vehicle has not already been removed by either the owner of such vehicle, the owner of the real estate on which such vehicle is located, on the police. (Ord. 90-1292 § 1 (part), 1990)

(a) The abandonment of a vehicle or any part thereof anywhere in the village is unlawful and shall be subject to the penalties set forth under Section 7.60.090.

(b) The police may authorize the towing or removal of an abandoned vehicle by a towing service, at the owner’s expense, after a notice of intent to tow sticker has been placed on the vehicle for seven days indicating that the vehicle is subject to removal and the address and phone number of the police. The police may also authorize the immediate towing or removal, at the owner’s expense, of any vehicle which is creating a traffic hazard because of its position in relation to a highway or because its physical appearance is impeding the flow of traffic. (Ord. 90-1292 § 1 (part), 1990)

(a) The police shall keep and maintain a record of all vehicles impounded under Section 7.60.100 by listing the color, year of manufacture, manufacturer’s trade name, manufacturer’s series name, body style, vehicle identification number and license plate year and number displayed on each vehicle. The record shall also include the date and hour of tow and the name of the officer authorizing the tow.

(b) The police department shall send a notice by certified mail to the registered owner or other person legally entitled to possession of a vehicle impounded under Section 7.60.100 advising such person where the vehicle is held, requesting that a disposition be made and setting forth public sale information.

(c) When the identity of the registered owner or other person legally entitled to possession of an impounded vehicle under Section 7.60.100 cannot be determined from the registration files of the state, or from the registration files of a foreign state, or from the stolen motor vehicle files of the state, or from the State Police, or from the information contained in the National Crime Information Center (NCIC) and the National Automobile Theft Bureau (NATB) files, the vehicle may be sold or disposed of as provided in this chapter without notice to the registered owner or other person legally entitled to the possession of the vehicle.

(d) Any time before a vehicle impounded under Section 7.60.100 is sold at public sale or disposed of as provided in this chapter, the owner 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 or other person under this section until all towing and storage charges and administrative fees have been paid. (Ord. 90-1292 § 1(pant), 1990)

(1) Whenever a vehicle impounded under Section 7.60.100, seven years of age or newer, remains unclaimed by the registered owner or other person legally entitled to its possession for a period of thirty days after notice has been given as provided in Section 7.60.110, the police department shall cause it to be sold at public sale to the highest bidder. Notice of the time and place of the sale shall be posted in a newspaper of general circulation in the village at least ten days prior to the sale.

(2) At least ten days prior to the sale, the police department shall cause a notice of the time and place of the sale to be sent by certified mail to the registered owner or other person known by the police department to be legally entitled to the possession of the vehicle. 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.

(3) In those instances where the certified notification specified in 7.60.110 (b) was waived or has been returned by the postal authorities to the police department 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.

(b) Vehicles of More Than Seven Years of Age. When a vehicle of more than seven years of age is impounded under Section 7.60.100, it shall be kept in custody for a minimum of ten days for the purpose of determining ownership, the contacting of the registered owner by the U. S. mail or in person for a determination of disposition, and an examination of the State Police stolen motor 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, the chief of police will authorize the disposal of the vehicle as junk only. (Ord. 90-1292 § 1 (part), 1990)

(a) A junk vehicle removed from either private or public property under the provisions of this chapter shall be held for a period of not less than ten days. At the expiration of the ten-day period, without the benefit of disposition information being received from the registered owner, the chief of police of the village may authorize the disposal of the vehicle as junk only with all costs of such disposal including penalties as provided in this chapter to be paid by the owner of the junk vehicle or the owner of the real estate where the junk vehicle was removed from.

(b) No junk vehicle impounded under the provisions of this chapter shall be released to the owner or other person legally entitled to its possession unless proof of ownership or custody for the vehicle is provided and all towing, storage, administrative fees and penalties are paid; provided, however, that in lieu of paying all charges as provided in this chapter, such person reclaiming an impounded junk vehicle may request a court hearing concerning the towing, storage, fees and penalties assessed and post bond in an amount equal to the towing, storage, fees and penalties owed. A summons and complaint to appear for trial shall be issued for hearing on all pending charges. (Ord. 90-1292 § 1 (part), 1990)

When an impounded vehicle in the custody of the police department is reclaimed by the registered owner 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. (Ord. 90-1292 § 1 (part), 1990)

When a vehicle located within the corporate limits of Westchester is authorized to be towed 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 changes shall be deposited in the municipal treasury. (Ord. 90-1292 § 1 (part), 1990)

Any police officer, 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 legal representative, or any other person legally entitled to the possession of a motor vehicle or other vehicle when the vehicle was processed and sold or disposed of as provided by this article. (Ord. 90-1292 § 1 (part), 1990)