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Chapter 25 - Nuisances

CHAPTER 25

 

NUISANCES

ARTICLE I – GENERALLY

 

 

          25-1-1        SPECIFIC NUISANCES ENUMERATED.  It is hereby declared to be a nuisance and to be against the health, peace and comfort of the Village, for any person, firm or corporation within the limits of the Village to permit the following; but the enumeration of the following nuisances shall not be deemed to be exclusive:

          (A)               Filth.  To cause or suffer the carcass of any animal or any offal, filth or noisome substance to be collected, deposited or to remain in any place, to the prejudice of others.

          (B)               Deposit of Offensive Materials.  To throw or deposit any offal or other offensive matter, or the carcass of any dead animal in any water course, lake, pond, spring, well or common sewer, street or public highway.

          (C)               Corruption of Water.  To corrupt or render unwholesome, or impure, the water of any spring, river, stream, pond or lake, well, public or private, to the injury or prejudice of others.

          (D)               Highway Encroachment.  To obstruct or encroach upon public highways, private ways, streets, alleys, commons, landing places, and ways to burying places.

          (E)                Manufacturing Gunpowder.  To carry on the business of manufacturing gunpowder, nitroglycerine, or other highly explosive substances, or mixing or grinding the materials therefore, in any building within three hundred (300) feet of any valuable building erected at the time such business may be commenced.

          (F)                Powder Magazines.  To establish powder magazines near incorporated towns, at a point different from that appointed according to law by the corporate authorities of the town, or within eight hundred (800) feet of any occupied dwelling house.

          (G)               Noxious Odors.  To erect, continue or use any building or other place for the exercise of any trade, employment or manufacture, which, by occasioning noxious exhalations, offensive smells or otherwise, is offensive or dangerous to the health of individuals, or of the public.

          (H)               Unlawful Advertising.  To advertise wares or occupations by painting notices of the same on, or affixing them to fences or other private property, or on rocks or other natural objects without the consent of the owner, or if in the highway or other public place, without permission of the proper authorities.

 

 

          [ED. NOTE:  Penalty provisions are found in Section 1-1-20 or Chapter 2.]

 

          (I)                Wells Unplugged.  To permit any well drilled for oil, gas, salt water disposal or any other purpose in connection with the production of oil and gas, to remain unplugged after such well is no longer used for the purpose for which it was drilled.

          (J)                Burn-Out Pits.  To construct or operate any salt water pit or oil field refuse pit, commonly called a “burn-out pit” so that salt water, brine or oil field refuse or other waste liquids may escape therefrom in any manner except by the evaporation of such salt water or brine or by the burning of such oil field waste or refuse.

          (K)               Discarded Materials.  To permit concrete bases, discarded machinery and materials to remain around any oil or gas well or to fail to fill any holes, cellars, slush pits and other excavations made in connection with any such well or to restore the surface of the lands surrounding any such well to its condition before the drilling of any such well, upon abandonment of any such oil or gas well.

          (L)                Underground Wells.  To permit any salt water, oil, gas or other wastes from any well drilled for oil, gas or exploratory purposes to escape to the surface, or into a mine or coal seam, or into any underground fresh water supply or from one underground stratum to another.

          (M)               Harassment.  To harass, intimidate or threaten any person who is about to sell or lease or has sold or leased a residence or other real property, or is about to buy or lease, or has bought or leased a residence or other real property, when the harassment, intimidation, or threat relates to a person's attempt to sell, buy or lease a residence, or other real property, or refers to a person's sale, purchase or lease of a residence or other real property.

          (N)                Business.  To establish, maintain, and carry on any offensive or unwholesome business or establishment within the limits of the Village or within one and one-half (1 ½) miles of the Village limits.

          (O)                Filthy Premise Conditions.  To keep or suffer to be kept any chicken coop, cow barn, stable, cellar, vault, drain, privy, sewer or sink upon any premises belonging to or occupied by any person, or any railroad car, building, yard, grounds, and premises belonging to or occupied by any person.

          (P)                Expectorate.  To expectorate on any public sidewalk or street, or other public building or floor or walk of any public vehicle or hall.

          (Q)                Litter on Streets.  It shall be unlawful for any person to deposit or allow trash, paper, cardboard, wire, dirt, rock, stone, glass, brick, lumber, wood or litter of material objects of any size or description to fall upon the streets of the Village from any moving vehicle, or to be thrown from a moving vehicle, or to throw from a moving vehicle and to remain thereon.

          (R)                Accumulation of Junk And Trash.  To deposit or pile up any rags, old rope, paper, iron, brass, copper, tin, aluminum, used lumber, derelict truck trailers, camping trailers, or boats, appliances, construction materials, demolition debris, ashes, garbage, refuse, plastic, brush, litter, weeds, slush, lead, glass bottles or broken glass upon any residential home lot, piece or parcel of land or upon any public or private alley, street or public way within the Village.

          (S)                Rodents.  To cause or permit any condition or situation to exist that shall attract, harbor, or encourage the infestation of rodents.

 

          (T)               Bringing Nuisances into the Village.  To bring into the Village or keep therein for sale or otherwise, either for food or for any other purpose, any dead or live animal or any matter, substance, or thing which shall be a nuisance or which shall occasion a nuisance in the Village, or which may or shall be dangerous or detrimental to health.

          (U)               Offensive Liquids.  To keep nauseous, foul or putrid liquid or substance or any liquid or substance likely to become nauseous, foul, offensive, or putrid, nor permit any such liquid to be discharged, placed, thrown, or to flow from or out of any premise into or upon any adjacent premises or any public street or alley, nor permit the same to be done by any person connected with the premises.

          (V)               Dense or Offensive Smoke.  To cause or permit the emission of dense smoke from any fire, chimney, engine, oil burner or any other agency in the Village so as to cause annoyance or discomfort to the residents thereof.

          (W)              Scrap Tires, Both Mounted and Dismounted.  To keep any scrap tires, either mounted or dismounted, in open view, or so as to allow such tires to accumulate stagnant water so as to provide a breeding ground for mosquitoes and other pests.

          (X)               Motor Transport Engines.  To operate motor vehicle transport engines in the nighttime between the hours of eight (8:00) o'clock P.M. and six (6:00) o'clock A.M., in any place in which a majority of the buildings, within a radius of four hundred (400) feet are used exclusively for residence purposes, excluding state and federal highways.

          (Y)               Accumulation of Debris.  To store, dump or permit the accumulation of debris, refuse, garbage, trash, tires, buckets, cans, wheelbarrows, garbage cans or other containers in a manner that may harbor mosquitoes, flies, insects, rodents, nuisance birds or other animal pests that are offensive, injurious or dangerous to the health of individuals or the public.

          (Z)                Generally.  To commit any act which is a nuisance according to the common law of the land or made such by statute of the State.  (See 740 ILCS Secs. 55/221 – 55/222)

          Nothing in this Section shall be construed to prevent the corporate authorities of this Village from declaring what shall be nuisances, and abating them within the Village limits.

 

 

          25-1-2        NUISANCES DETRIMENTAL TO HEALTH GENERALLY.  No building, vehicle, structure, receptacle, yard, lot, premise, or part thereof shall be made, used, kept, maintained or operated in the Village if such use, keeping or maintaining shall be dangerous or detrimental to health.

 

 

          25-1-3        NOTICE TO ABATE. Whenever the Superintendent, Mayor or Police Chief finds that a nuisance exists, he shall direct the Village Clerk to mail (certified) to the party responsible for the nuisance and to the party on whose property
the nuisance exists a written notice ordering that the nuisance be abated within a reasonable time.  The notice to abate shall contain:

          (A)               A description of what constitutes the nuisance;

          (B)               The location of the nuisance;

          (C)               A statement of what condition or state of affairs must be achieved in order for the nuisance to be deemed abated;

          (D)               The date by which abatement must be completed;

          (E)                The date by which a request for a hearing must be filed and a statement of the procedure for so filing;

          (F)                A statement that the responsible party has a right to appeal the abatement order to the Village Board of Trustees.

          (G)               A statement indicating that if the nuisance is not abated by the date prescribed and/or if no request for hearing is made within the time prescribed, this Village will abate the nuisance and assess the costs against the property and/or impose a fine.

 

 

          25-1-4         HEARING.  Any person ordered to abate a nuisance may have a hearing with the Police Chief or his designated representative ordering the abatement.  A request for a hearing must be made in writing and delivered to the Village Clerk within the time stated in the notice; otherwise, it will be presumed that a nuisance exists, and that such nuisance must be abated as ordered.  The hearing shall not be a formal trial-type proceeding, but appropriate procedural safeguards shall be observed to ensure fairness.  At the conclusion of the hearing, the Police Chief or his designated representative shall render his decision and the reasons therefor in writing.  If he finds that a nuisance exists, he shall order it abated within an additional time which must be reasonable under the circumstances.

 

 

          25-1-5         APPEAL.  Any party aggrieved by the decision of the Police Chief may appeal to the Board of Trustees.  Such appeal shall be taken by filing with the Village Clerk within five (5) days of such decision a written statement indicating the basis for the appeal.

          The appeal shall be heard by the Board of Trustees at the next regular or special meeting after such filing.  Their findings shall be conclusive and if a nuisance is found to exist, it shall be ordered abated within a time reasonable under the circumstances.

 

 

          25-1-6         ABATEMENT BY VILLAGE.  If the person ordered to abate a nuisance fails to do so, or if the nuisance poses an emergency, this Village may perform the required action to abate.  Any Village official who is authorized to abate any nuisance as defined in this Article shall have authority to engage the necessary assistance and to incur the necessary expenses therefor.  The official who abates a nuisance shall keep an accurate account of the expenses incurred.  The itemized expense shall be filed with the Village Clerk who shall pay such expenses on behalf of this Village.  (See 65 ILCS Sec. 6/11-60-2)

 

          25-1-7        FAILURE TO COMPLY WITH NOTICE.  If the person notified to abate a nuisance shall neglect or refuse to comply with the requirements of such notice by abating such nuisance within the time specified, such person shall be guilty of a violation of this Code.  The Village shall not be required to issue another notice where the condition or violation is at first abated, but later resumed and/or repeated.

 

(See 65 ILCS Sec. 5/11-60-2 and 720 ILCS Secs. 5/47-5; 5/47-10 and 5/47-15)

 

ARTICLE II - WEEDS

 

 

          25-2-1            DEFINITION.  "Weeds" as used in this Code shall include, but not be limited to the following:

          Burdock, Rag Weed (giant), Rag Weed (Common), Thistle, Cocklebur, Jimson, Blue Vervain, Common Milk Weed, Wild Carrot, Poison Ivy, Wild Mustard, Rough Pigweed, Lambsquarter, Wild Lettuce, Curled Dock, Smartweeds (all varieties), Poison Hemlock, Wild Hemp, Johnson Grass, grass and all other noxious weeds as defined by the statutes of the State of Illinois.

 

 

          25-2-2          HEIGHT.  It shall be unlawful for anyone to permit any weeds, grass, or plants, other than trees, bushes, flowers or other ornamental plants, to grow to a height exceeding eight (8) inches anywhere in the Village.  Any such plants, weeds, or grass exceeding such height are hereby declared to be a nuisance.

 

 

            25-2-3          NOTICE.  For the first offense, the Police Department or any other person so designated by the Mayor may issue a written notice for removal of weeds or grass without a charge.  Such weeds or grass shall be cut by the owner or occupant within five (5) days after such notice has been duly served.  Any subsequent offense at the same property location, the Police Department or any other person so designated by the Mayor may issue a written notice for removal of weeds or grass and the violator will be charged an administrative fee of One Hundred Fifty Dollars ($150.00) for each subsequent notice.  Such weeds or grass shall be cut by the owner or occupant within five (5) days after such notice has been duly served.

 

 

            25-2-4          SERVICE OF NOTICE.  Service of the notice provided for herein may be effected by handing the same to the owner, occupant or lessee of the premises, or to any member of his household of the age of fifteen (15) years or older found on the premises or by mailing such notice to the last known residence address of the owner; provided, that if the premises are unoccupied and the owner's address cannot be obtained, then the notice may be served by posting the same upon the premises.

 

 

            25-2-5          ABATEMENT.  If the person so served does not abate the nuisance within five (5) days, the Police Chief or a designated representative may proceed to abate such nuisance, keeping an account of the expense of the abatement, and such expense shall be charged and paid by such owner or occupant in addition to any administrative fee or fine charged.

 

 

            25-2-6          LIEN.  Charges for such weed or grass removal including administrative fees and any fines shall be a lien upon the premises.  A bill representing the cost and expense incurred or payable for the service shall be presented to the owner.  If this bill is not paid within thirty (30) days of submission of the bill, a notice of lien of the cost and expenses thereof incurred by the Village shall be recorded in the following manner:

 

          (A)                A description of the real estate sufficient for identification thereof.

          (B)                The amount of money representing the cost and expense incurred or payable for the service.

          (C)                The date or dates when said cost and expense was incurred by the Village and shall be filed within sixty (60) days after the cost and expense is incurred.

 

 

          25-2-7            PAYMENT.  Notice of such lien claim shall be mailed to the owner of the premises if his address is known.  Upon payment of the cost and expense after notice of lien has been filed, the lien shall be released by the Village or person in whose name the lien has been filed and the release shall be filed of record in the same manner as filing notice of the lien.  All lien and release filing fees and attorney fees shall be paid by the owner of the property.

 

 

          25-2-8          FORECLOSURE OF LIEN.  Property subject to a lien for unpaid weed cutting charges shall be sold for non-payment of the same and the proceeds of such sale shall be applied to pay the charges after deducting costs, as is the case in the foreclosure of statutory liens.  Such foreclosure shall be in the name of the Village after the lien is in effect for sixty (60) days.

 

 

          25-2-9            PENALTY.  In addition to the penalties and fees above and all other remedies to the Village at law or equity, any person or entity who violates or fails to comply with this Article shall be fined not less than Fifty Dollars ($50.00) or not more than Seven Hundred Fifty Dollars ($750.00) for each offense.  A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.

 

 

            25-2-10          ENFORCEMENT.  Proceedings to enforce violations of this Article may be initiated and conducted in accordance with and pursuant to the provisions of the Village Ordinances providing for Administrative Adjudication of Code Violations or by any other means provided by law.

 

(Ord. No. 14-1447; 07-22-14)

 

(65 ILCS 5/11-20-6 and 5/11-20-7)

 

ARTICLE III - GARBAGE AND DEBRIS

 

 

          25-3-1        ACCUMULATION PROHIBITED.  No person shall permit any garbage or trash to accumulate on their premises or private property.  It is hereby declared to be a nuisance and it shall be unlawful for the owner or occupant of real estate to refuse or neglect to remove the garbage or debris.

 

 

          25-3-2        NOTICE TO PERSON.  The Chief of Police or a designated representative may issue a written notice for removal of garbage or debris.  Such garbage or debris shall be removed by the owner or occupant within five (5) days after such notice has been duly served.

 

 

          25-3-3        SERVICE OF NOTICE.  Service of notice provided for herein may be effected by handing of the same to the owner, occupant, or lessee of the premises, or to any member of his household of the age of fifteen (15) years or older found on the premises or by mailing such notice to the last known residence address of the owner; provided that if the premises are unoccupied and the owner’s address cannot be obtained, then the notice may be served by posting the same upon the premises.

 

 

          25-3-4        ABATEMENT.  If the person so served does not abate the nuisance within five (5) days, the Police Chief or a designated representative may proceed to abate such nuisance, keeping an account of the expense of the abatement and such expense shall be charged and paid by such owner or occupant.

 

 

          25-3-5        LIEN.  Charges for such removal shall be a lien upon the premises.  A bill representing the cost and expense incurred or payable for the service shall be presented to the owner.  If this bill is not paid within thirty (30) days of submission of the bill, a notice of lien of the cost and expenses thereof incurred by the Village shall be recorded in the following manner:

          (A)               A description of the real estate sufficient for identification thereof.

          (B)               The amount of money representing the cost and expense incurred or payable for the service.

          (C)               The date or dates when said cost and expense was incurred by the Village and shall be filed within sixty (60) days after the cost and expense is incurred.

 

          25-3-6        PAYMENT.  Notice of such lien claim shall be mailed to the owner of the premises if his address is known.  Upon payment of the cost and expense after notice of lien has been filed, the lien shall be released by the Village or person in whose name the lien has been filed and the release shall be filed of record in the same manner as filing notice of the lien.

 

 

          25-3-7        FORECLOSURE OF LIEN.  Property subject to a lien for unpaid charges shall be sold non-payment of the same, and the proceeds of such sale shall be applied to pay the charges after deducting costs, as is the case in the foreclosure of statutory liens.  Such foreclosure shall be in the name of the Village, after lien is in effect for sixty (60) days.  Suit to foreclose this lien shall be commenced within two (2) years after the date of filing notice of lien.

 

 

          25-3-8        PENALTIES.  The fines for violating Section 25-3-1 which will be in addition to the cost, charges, liens, and the abatements required in Sections 25-3-1 through 25-3-7 of this Article and such fines shall be in the following amounts:

          (A)               Three Hundred Dollars ($300.00) for the first (1st) offense.

          (B)               Five Hundred Dollars ($500.00) for the second (2nd) offense.

          (C)               Seven Hundred Fifty Dollars ($750.00) for the third (3rd) offense.

(Ord. No. 12-1424; 03-29-12)

 

(See 65 ILCS Sec. 5/11-20-13 and 720 ILCS Sec. 5/47-10)

 

ARTICLE IV - INOPERABLE MOTOR VEHICLE

 

 

          25-4-1        DEFINITIONS.  For the purpose of this Code, the following term(s) shall have the meanings ascribed to them as follows:

 

“INOPERABLE MOTOR VEHICLES” shall mean any motor vehicle which, for a period of at least seven (7) 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.  “Inoperable Motor Vehicle” shall not include a motor vehicle which has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations.

 

 

          25-4-2        DECLARATION OF NUISANCE.  All inoperable motor vehicles, whether on public or private property in view of the general public, are hereby declared to be a nuisance.

 

 

          25-4-3        NOTICE TO OWNER.  The Police Chief or a designated representative shall notify the owner of the motor vehicle, informing him that he shall dispose of any inoperable vehicles under his control.  If the owner fails to dispose of said inoperable vehicle(s) after seven (7) days from the issuance of the notice, the Police Chief or a designated representative may authorize a towing service to remove and take possession of the inoperable vehicle or parts thereof.

 

 

          25-4-4        EXCLUSIONS.  Nothing in this Article shall apply to any motor vehicle that is kept within a building when not in use, to operable historic vehicles over twenty-five (25) years of age, or to a motor vehicle on the premises of a licensed business engaged in the wrecking or junking of motor vehicles.

 

(See 65 ILCS Sec. 5/11-40-3)

 

ARTICLE V - BUILDING AS NUISANCE

 

 

          25-5-1        BUILDING CONDITION - NUISANCE.  The Building Inspector or his designated representative shall report to the Village Board when any building or structure in the Village is in a dangerous condition and constitutes a nuisance.  Hereinafter, all references to Building Inspector shall include “his designated representative”.

 

 

          25-5-2        TIME LIMIT.  The owner of such building shall repair or alter it so as to make it safe within ninety (90) days from the time the notice is served upon him in the manner provided by law.

 

 

          25-5-3        NOTIFICATION.  The Building Inspector, with the approval of the Village Board, shall place a notice on all “dangerous and unsafe buildings”, which notice shall read as follows:

 

“This building has been found to be a dangerous and unsafe building by the Village officials.  This notice shall remain on this building until it is repaired, vacated or demolished in accordance with the notice which has been given the owner, occupant, lessee, mortgagee, or agent of this building, or person or persons in whose name or names such building was last assessed, and all other persons having an interest in said building as shown by the land records of the County Recorder of Deeds.  It is unlawful to remove this notice until such notice is complied with.”

 

 

          25-5-4        DANGEROUS AND UNSAFE BUILDING DEFINED.  All buildings or structures which have any or all of the following defects shall be deemed “dangerous and unsafe buildings”.

          (A)               Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.

          (B)               Those which, exclusive of the foundation, show thirty-one percent (31%) or more of damage or deterioration of the supporting member or members, or fifty percent (50%) of damage or deterioration of the non-supporting enclosing or outside walls or covering.

          (C)               Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used.

 

          (D)               Those which have been damaged by fire, wind, or other causes so as to have become dangerous to life, safety, morals, or the general health and welfare of the occupants or the people of the Village.

          (E)                Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation or are likely to cause sickness or disease, so as to cause injury to the health, morals, safety or general welfare of those living therein.

          (F)                Those having light, air, and sanitation facilities which are inadequate to protect the health, morals, safety, or general welfare of human beings who live or may live therein.

          (G)               Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes, or other means of communication.

          (H)               Those which have parts thereof which are so attached that they may fall and injure members of the public or property.

          (I)                Those which, because of their condition, are unsafe, unsanitary, or dangerous to the health, morals, safety or general welfare of the people of this Village.

          (J)                Those buildings existing in violation of any provision of the Building Code of this Village, or any provision of the Fire Prevention Code, or any other ordinances of the Village.

          (K)               Those vacant buildings with unguarded openings shall be deemed to constitute a fire hazard and to be unsafe within the provisions of this Code.

          (L)                Those buildings which are uncompleted or abandoned.

 

 

          25-5-5        STANDARDS FOR REPAIR, VACATION OR DEMOLITION.  The following standards shall be followed in substance by the Building Inspector in ordering repair, vacation, or demolition:

          (A)               If the “dangerous and unsafe building” is in such condition as to make it dangerous to the health, morals, safety, or general welfare of its occupants, it shall be ordered to be vacated.

          (B)               If the “dangerous and unsafe building” can reasonably be repaired so that it will no longer exist in violation of the terms of this Code, it shall be ordered repaired.

          (C)                In any case where a “dangerous and unsafe building” if fifty percent (50%) damaged or decayed, or deteriorated from its original value or structure, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this Code, it shall be demolished.  In all cases where a “dangerous and unsafe building” is a fire hazard existing or erected in violation of the terms of this Code, or any ordinance of the Village, or statute of the State of Illinois, it shall be demolished.  (See “Non-Conforming Uses” of the Zoning Code)

 

          25-5-6        DANGEROUS AND UNSAFE BUILDINGS - NUISANCES.  All dangerous and unsafe buildings within the terms of this Article are hereby declared to be public nuisances and shall be repaired, vacated, or demolished as hereinbefore or hereinafter provided.

 

 

          25-5-7        DUTIES OF THE ATTORNEY.  The Village Attorney shall apply to the Circuit Court for an order authorizing the demolition, repair, or vacation of dangerous and unsafe buildings or uncompleted or abandoned buildings when notices have not been complied with and when requested to do so by the Building Inspector.

 

 

          25-5-8        LIENS.  The cost of repair, demolition, vacation, or enclosure shall be recoverable from the owner or owners of such real estate and shall be a lien thereon, which lien shall be subordinate to all prior existing liens and encumbrances; provided that within sixty (60) days after said cost and expense is incurred, the Village or person performing the service by authority of the Village, in his or its own names, shall file notices of lien in the office of the County Recorder of Deeds.  The notice shall consist of a sworn statement setting out:

          (A)               A description of the real estate sufficient for identification therefor;

          (B)               The amount of money representing the cost and expense incurred or payable for the service; and

          (C)               The date or dates when said cost and expense was incurred by the Village.

          Upon payment of said cost and expense by the owner of or persons interested in said property after notice of lien has been filed, the lien shall be released by the Village or person in whose name(s) the lien has been filed and said release may be filed of record as in the case of filing notice of lien.  The lien may be enforced by proceedings to foreclose as in the case of mortgages or mechanics of lien.  Suit to foreclose this lien shall be commenced within three (3) years after the date of filing notice of lien. 

 

(See 65 ILCS Sec. 5/11-31-1)


ARTICLE VI - PUBLIC NUISANCES

 

 

            25-6-1            PUBLIC NUISANCE.  A motor vehicle, operated with the permission, express or implied, of the owner of record, shall be declared a public nuisance and shall be subject to seizure and impoundment under this Section where such motor vehicle is used in the commission of any of the violations set forth in this subsection or when the commission of any of the violations set forth in this subsection makes impoundment of the motor vehicle reasonably necessary as a community caretaking function so that the motor vehicle does not jeopardize public safety and the efficient movement of vehicular traffic.  It shall not be necessary for criminal charges to be filed, prosecuted, and/or proven in order to demonstrate that one or more of the following violations has/have been committed:

(A)                The driver or any other person within the motor vehicle commits an act of prostitution or solicitation for prostitution in violation of the Illinois Criminal Code, 720 ILCS 5/11-14 or 11-15.

(B)                The driver or any other person within the motor vehicle commits the offense of illegal dump, in violation of Chapter 7 of the Code of Ordinances of Westville, Illinois.

          (C)                The driver or any other person within the motor vehicle, is in possession of or has consumed alcoholic beverages in violation of the Illinois Liquor Control Act, 235 ILCS 5/6-20.

          (D)                The driver or any other person within the motor vehicle commits a violation of the Illinois Criminal Code 720 ILCS 646, being Methamphetamine Control and Community Protection Act.

          (E)                The driver or any other person within the motor vehicle commits a violation of the Illinois Criminal Code, 720 ILCS 5/24-1.5 entitled “Reckless Discharge of a Firearm”.

          (F)                The driver or any other person within the motor vehicle commits a violation of the Illinois Cannabis Control Act, 720 ILCS 550/1 et seq., or violation of the Westville Village Ordinance Chapter 9.42 relating to cannabis or drug paraphernalia.

          (G)                The driver or any other person within the motor vehicle commits a violation of the Illinois Controlled Substance Act, 720 ILCS 570/100 et seq.

          (H)                The driver or any other person in possession of a motor vehicle commits a violation of the Illinois Motor Vehicle Code, 625 ILCS 5/12-611 entitled “Sound Amplification Systems”.

          (I)                 The driver or other person in control of a motor vehicle commits a violation of the Illinois Vehicle Code, 625 ILCS 5/6-101 by operating the vehicle without a license or permit, or 625 ILCS 5/11-104 drag racing, or 625 ILCS 5/4-104(a) 1 through 5 by violating the provisions relating to possession of titles and registration, or 625 ILCS 5/3-707 operating the vehicle without insurance, or 625 ILCS 5/12-602 operating the vehicle with a muffler that allows excessive or unusual noise, or 625 ILCS 5/3-702 operating a motor vehicle when the registration has been cancelled, suspended or revoked or 625 ILCS 5/3-708 operating a motor vehicle when the registration has been suspended for non-insurance, or 625 ILCS 5/3-710 displaying false evidence or insurance, or 625 ILCS 5/11-401 failing to stop after an accident involving death or personal injuries, or 625 ILCS 5/11-402 failure to stop after an accident in which a motor vehicle sustains damage, 625 ILCS 5/11-403 failure to give information or render assistance after a motor vehicle accident, 625 ILCS 5/11-404 failure to stop and notify the owner after a property damage accident, 625 ILCS 5/11-406 failure to submit a written report involving a motor vehicle accident, 625
ILCS 5/11-407
failure to give notice of an accident where not police officer is present, or 625 ILCS 5/11-409 giving false information regarding a motor vehicle accident.

          (J)                The driver or any other person within the motor vehicle commits a violation of 720 ILCS 5/31-1, resisting a peace officer or 720 ILCS 5/12-2 or 5/12-4, aggravated assault or battery to a peace officer.

          (K)                The driver or any passenger of the motor vehicle while being under the age of twenty-one (21), is in possession of or has consumed an alcoholic beverage in violation of the Illinois Liquor Control Act, 235 ILCS 5/6-20.

          (L)                A violation of 720 ILCS 5/24-1.5 (Discharge of Firearms), as amended, or 720 ILCS 5/12-1 (Assault and Battery) of this Code, as amended;

          (M)               A violation of 625 ILCS 5/6-303 (Driving While Driver’s License, Permit or Privilege to Operate a Motor Vehicle is Suspended or Revoked), as amended, except where said violation is in regard to a person whose driver’s license, permit or privilege to operate a motor vehicle is suspended only for a violation of the emissions inspection laws as set forth in 625 ILCS 5/13C-1, et seq., as amended;

          (N)                A violation of 625 ILCS 5/11-204 (Fleeing or Attempting to Elude a Peace Officer), as amended; 625 ILCS 5/11-501 (Driving Under the Influence of Alcohol, Other Drug or Drugs, Intoxicating Compound or Compounds or any Combination Thereof), as amended; 625 ILCS 5/11-503 (Reckless Driving or Aggravated Reckless Driving), as amended; or 625 ILCS 5/11-506 (Street Racing), as amended, or the stopping of a person against whom a warrant has been issued by a circuit court for failing to appear to answer charges that the person was (a) operating a motor vehicle while that person’s license was suspended or revoked or (b) operating a motor vehicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof;

          (O)                A violation of 720 ILCS 5/11-6 (Indecent Solicitation of a Child), as amended; 720 ILCS 5/12-2 (Aggravated Assault), as amended; 720 ILCS 5/12-4 (Aggravated Battery), as amended; 720 ILCS 5/12-4.2 (Aggravated Battery with a Firearm), as amended; 720 ILCS 5/12-4.3 (Aggravated Battery of a Child), as amended; 720 ILCS 5/12-4.6 (Aggravated Battery of a Senior Citizen), as amended; 720 ILCS 5/16A-3 (Retail Theft), as amended, when the value of the merchandise exceeds One Hundred Fifty Dollars ($150.00); 720 ILCS 5/18-1 (Robbery), as amended; 720 ILCS 5/18-2 (Armed Robbery), as amended; 720 ILCS 5/19-1 (Burglary), as amended; 720 ILCS 5/19-3 (Residential Burglary), as amended; 720 ILCS 5/20-1 (Arson), as amended; 720 ILCS 5/20-1.1 (Aggravated Arson), as amended; 720 ILCS 5/20-2 (Possession of Explosives or Explosive or Incendiary Devices), as amended; 720 ILCS 5/21-1 (Criminal Damage to Property), as amended; or 720 ILCS 5/25-1 (Mob Action), as amended;

          (P)                A violation of 720 ILCS 570/401 (Manufacture or Delivery of a Controlled Substance), as amended; 720 ILCS 570/401.1 (Controlled Substance Trafficking), as amended; or 720 ILCS 570/402 (Possession of a Controlled Substance), as amended;

          (Q)                A violation of 720 ILCS 550/4(d) (Possession of More than 30 Grams of Any Substance Containing Cannabis), as amended; 720 ILCS 550/5 (Manufacture or Delivery of Cannabis), as amended; 720 ILCS 550/5.1 (Cannabis Trafficking), as amended; 720 ILCS 550/5.2 (Delivery of Cannabis on School Grounds), as amended; or 720 ILCS 550/8 (Unauthorized Production or Possession of Cannabis Sativa Plant), as amended;

          (R)                A violation of 720 ILCS 5/24-1 (Unlawful Use of Weapons), as amended; 720 ILCS 5/24-3.1 (Unlawful Possession of Firearms and Firearm Ammunition), as amended; or 720 ILCS 5/24-3.3 (Unlawful Sale or Delivery of Firearms on the Premises of any School), as amended; however, this subsection shall not apply when any of the exemptions set forth in 720 ILCS 5/24-2, as amended, are met;

 

          (S)                A violation of 720 ILCS 5/11-14 (Prostitution), as amended; 720 ILCS 5/11-14.1 (Solicitation of a Sexual Act), as amended; 720 ILCS 5/11-15 (Soliciting for a Prostitute), as amended; 720 ILCS 5/11-15.1 (Soliciting for a Juvenile Prostitute), as amended; 720 ILCS 5/11-18 (Patronizing a Prostitute), as amended; or 720 ILCS 5/11-18.1 (Patronizing a Juvenile Prostitute), as amended;

          (T)                The motor vehicle is otherwise subject to seizure and impoundment pursuant to 720 ILCS 5/36-1 (Seizure), as amended; or

          (U)                A violation of 625 ILCS 5/6-101 (Drivers Must Have Licenses or Permits), as amended.

(Ord. No. 15-1455; 07-28-15)

 

 

          25-6-2            EXCEPTIONS.  This Chapter shall not apply:

          (A)                If the motor vehicle used in the violation was stolen at the time and the theft was reported to the appropriate police authorities within twenty-four (24) hours after the theft was discovered or reasonably should have been discovered.

          (B)                If the motor vehicle is operating a common carrier and the violation occurs without the knowledge of the person in control of the motor vehicle.

 

 

          25-6-3            SEIZURE AND IMPOUNDMENT.  Whenever a police officer has probable cause to believe that a motor vehicle is subject to seizure and impoundment pursuant to this Chapter, the police officer shall provide for the towing of the motor vehicle to a facility controlled by the Village or its agents.  Before or at the time the vehicle is towed, the police officer shall notify any person identifying himself as the owner of the vehicle, or any person who is found in control of the vehicle at the time of the alleged violation, of the fact of the seizure and of the owner’s right to request a vehicle impoundment hearing, and of the owner’s right to post a cash bond to recover the vehicle.

 

 

          25-6-4            BONDING PROCEDURE. 

          (A)                Whenever the owner of a record of a motor vehicle seized and impounded pursuant to this Chapter desires to retrieve the motor vehicle prior to the evidentiary hearing they may do so by posting a cash bond at the office of the Village Clerk or the legal department of the City of Danville, in the amount indicated herein.  Once the bond has been posted and the towing and storage fees paid, the motor vehicle shall be released until the evidentiary hearing is held by the Village Code Hearing Department.  The amount of bond shall be Three Hundred Dollars ($300.00).

          (B)                If a motor vehicle may be subject to forfeiture pursuant to the Drug Asset Forfeiture Procedure Act, 725 ILCS 150/1 et seq., or any other state or federal law concerning the forfeiture or property, said vehicle shall not be released by the posting of the bond described in this Section.

 

 

          25-6-5            VEHICLE IMPOUNDMENT HEARING; NOTIFICATION.

          (A)                If the owner of record of a vehicle seized pursuant to this Chapter desires to appeal the seizure, said owner must make a request for a vehicle impoundment hearing no later than the next business day after the seizure.  Said request shall be in writing and filed with the City of Danville Code Hearing Department.  If the request is timely filed, a Hearing
Officer of the City shall conduct such hearing within seventy-two (72) hours after the request, excluding Saturdays, Sundays and holidays.  All interested persons shall be given a reasonable opportunity to be heard at the hearing.  The formal rules of evidence will not apply at the hearing and hearsay evidence shall be admissible.  If, after the hearing, the Hearing Officer determines there is probable cause to believe that the vehicle is subject to seizure and impoundment pursuant to this Chapter, the Hearing Officer shall order the continued impoundment of the vehicle until the full evidentiary hearing pursuant to this section, unless the vehicle owner posts the applicable cash bond, and a notice of such full evidentiary hearing shall be given to the vehicle owner.

          (B)                Unless the vehicle owner has received a notice after a hearing held pursuant to subsection (A) above, within ten (10) days after motor vehicle is seized and impounded pursuant to this Chapter, the City of Danville Code Hearing Department shall notify, by certified mail return receipt requested, the owner of record of the date, time and location of a full evidentiary hearing concerning the seizure and impoundment.  Such hearing shall be scheduled and held, unless continued by order of the Hearing Officer, no later than thirty (30) days after the motor vehicle was seized.  All interested persons shall be given a reasonable opportunity to be heard at the hearing.  All hearings shall be conducted in accordance with Title 12 of the Village Ordinances Code, or as otherwise provided by law.

          (C)                If, after the hearing set forth in subsection (B) above, the Hearing Officer determines by a preponderance of evidence that the motor vehicle was used in the commission of or in conjunction with any of the offenses described in Section 10.28.010 and that none of the exceptions set forth in Section 10.28.020 apply, then the Hearing Officer shall enter an order finding the owner of record of the motor vehicle civilly liable to the City and impose the penalties set forth in this Chapter.  If the Hearing Officer determines that no such violation occurred, the Hearing Officer shall order the return of the motor vehicle and/or any cash bond posted and towing and storage fees paid.

          (D)                In the event that the owner of record desires to appeal the decision of the Hearing Officer under the provisions of the Illinois Administrative Review Act, he shall pay the costs of the preparation and transcription of the record of the hearing.

 

 

          25-6-6            PENALTIES.

          (A)                Whenever a motor vehicle issued in the commission of or in conjunction with any of the offenses described in Section 25-6-1 the motor vehicle may be impounded and the owner of record of the motor vehicle shall be liable for an administrative penalty in the amount of Five Hundred Dollars ($500.00) for the first offense and any applicable towing and storage fees and the amount of Seven Hundred Fifty Dollars ($750.00) for the second offense or any subsequence offense and any applicable towing and storage fee.

          (B)                Costs.  In addition to a fine or other penalties imposed pursuant to this Chapter, the owner of record shall be ordered to pay the costs and fees incurred by the Village in prosecuting the violation, which shall include, but not be limited to the costs associated with an administrative adjudication proceeding or court proceeding, and reasonable attorney’s fees.

          (C)                If a penalty is imposed pursuant to this Chapter such penalty shall constitute a debt due and owing to the Village.  The owner of record’s obligation to pay such debt to the Village shall be independent of the Village’s return of any impounded motor vehicle.  If a bond has been posted, the Hearing Officer shall enter an order deducting any fines and fees imposed pursuant to this Chapter from the bond so posted.

          (D)                Except as otherwise provided in this Chapter, an impounded motor vehicle shall be returned to the owner of record, or other person who is legally entitled to
possess the motor vehicle, upon his or her payment to the Village of the penalty or penalties imposed pursuant to this Chapter, including the towing and storage fees, unless the motor vehicle has been sold or otherwise disposed of to satisfy a judgment or enforce a lien as provided by law.

          (E)                Notwithstanding any other provisions of this Chapter, whenever a person with a lien of record against a motor vehicle impounded under the Chapter had commenced foreclosures of repossession proceedings, possession of the motor vehicle shall be given to that person, not only upon agreeing, in writing, to refund or the Village the net proceeds of any sale of the motor vehicle, less any amounts necessary to pay all lien holders of record, up to the total amount of penalties imposed pursuant to this Chapter which are outstanding.

(Ord. No. 15-1455; 07-28-15)

 

 

          25-6-7            UNCLAIMED VEHICLES.  Any motor vehicle which is not reclaimed within thirty (30) days after expiration of the time during which the owner of record may seek judicial review of the Village’s actions pursuant to this Chapter, or the time at which a final judgment is rendered in favor of the Village, or the time a final administrative hearing is entered against an owner of record who is found in default, may be disposed of as an unclaimed motor vehicle as provided by law.

 

 

          25-6-8            SEVERABILITY.  If any provision or part of this Chapter shall be found unconstitutional or outside the corporate powers of the Village, the remaining provisions shall continue in full force and effect.

 

(Ord. No. 11-1410; 09-13-11)