Sec. 14-100. Inoperable and vehicles not regularly used prohibited.
(a) It is hereby declared a menace to the public safety and a nuisance for any person to cause, permit or allow the existence of any inoperable vehicle, any vehicle not regularly used, or any parts of a vehicle to exist or to be stored upon any public or private property in view of the general public; provided, however, that nothing in this section shall apply to any vehicle or part thereof which is kept in a building, or to a vehicle or parts thereof completely on the premises of a duly license junkyard.
(b) Whenever any police officer determines that a nuisance as declared in this section exists, the police officer shall cause a written notice to abate to be served upon the person who is causing, permitting or allowing the nuisance to exist. Said notice shall give the person seven (7) days from the date of service of the notice to abate the nuisance. Such notice shall be by means of personal service or by certified or registered mail. Personal service shall be by a police officer of the Henry Police Department or any person authorized by law to make personal service.
(c) Any person who shall cause, permit or allow such a nuisance to continue to exist after the expiration of seven (7) days from the date of the notice to abate shall, upon conviction thereof, be subject to a penalty of not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00) for each such offense. Each day that such nuisance continues or exists after the expiration of the aforesaid seven (7) days shall be deemed to be a separate offense. Further, each such inoperable motor vehicle shall constitute a separate offense.
(d) Whenever any person causes, permits or allows such a nuisance to continue or exist after the expiration of seven (7) days from the service of the notice to abate, the city may, at its option, cause the abatement of the nuisance specified in this section by the same method of disposal of abandoned vehicles provided in Section 14-101 of this Article. Nothing in this Section shall be constructed as imposing upon the City a duty to abate the nuisance specified in this Section. The action authorized by this Section shall be in addition to and without waiver to any other remedies.
(e) A person shall fall within the class of persons who shall be deemed to cause, permit or allow such a nuisance to exist if such person:
1. Has an ownership interest in the inoperable vehicle;
2. Causes the inoperable vehicle to be deposited at the site in question;
3. Has an ownership or possessory interest in the real estate upon which the inoperable vehicle is located;
4. Has an ownership interest in or operates a business which causes, permits or allows such a nuisance to exist on the real estate upon which the business is operated or on adjacent real estate which is under the control of the business owner or operator; or
5. Has an ownership or possessory interest in the real estate upon which a business is being operated and the operator or owner of said business causes, permits or allows such a nuisance to exist on the real estate upon which the business is being operated or on adjacent real estate which is under the control of the person have an ownership or possessory interest in real estate upon which said business is being operated.
State law references: Power of the City to declare inoperative motor vehicles a nuisance, 65 ILCS 5/11-40-3; power of the City to define, prevent and abate nuisances, 65 ILCS 5/11-60-2; and power of the City to promote health or suppress disease, 65 ILCS 5/11-20-5. (Ord. #1409, 9-24-01; Ord. 1454 – 28 Apr 2003) Sec. 14-101. Abandoned vehicles. The abandonment of a vehicle or any part thereof on any highway in this City