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Chapter 44 | Friday, March 13, 2009
ORDINANCE NO. 2005-3
AN ORDINANCE AMENDING THE COLFAX MUNICIPAL CODE BY ADDING CHAPTER 44 VEHICLE TOWING AND JUNK CAR REMOVAL
PASSED: March 8, 2005
APPROVED: March 8, 2005
EFFECTIVE DATE: March 8, 2005
PUBLISHED IN PAMPHLET FORM: March 8, 2005
AN ORDINANCE AMENDING THE COLFAX MUNICIPAL CODE BY
ADDING CHAPTER 44. VEHICLE TOWING AND JUNK CAR REMOVAL
WHEREAS, the President and the Board of Trustees of the Village of Colfax have considered and determined the necessity of enacting an ordinance regarding vehicle towing and junk car and hazardous vehicle removal due to public health and safety concerns and as a matter of public policy.
BE IT ORDAINED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF Colfax, ILLINOIS:
That the Colfax Municipal Code is hereby amended by adding thereto Chapter 44, VEHICLE TOWING AND JUNK CAR REMOVAL, as follows:
SECTION 44-1: DEFINITIONS
For the purposes of this chapter, the following terms shall have the meanings stated in this section, Any term not defined herein shall have the meaning ascribed to it in other ordinances of the Village, and if not defined in any Village ordinance, it shall have the meaning ascribed in the Illinois motor vehicle code, 625 Illinois Compiled Statutes.
ABANDONED VEHICLE A. A vehicle parked or otherwise located on a public way.and:
1. In such a state of disrepair that it is incapable of being driven; or
2. That has been unmoved for a period of at least twenty four (24) hours, and from its condition, the period during which it has not been moved, or some other circumstance appears to have been, and will be presumed to have been, abandoned by its owner; or
B. Vehicles parked in a public parking lot or on private property without the consent of the lot owner, proprietor or agent of the property, which person has requested that the vehicle be towed; or
C. A vehicle defined as an unlicensed or unregistered vehicle; or
D. A vehicle defined as abandoned, or capable of being towed, by any other ordinance of the Village, and which does not fall into the categories of "hazardous" or "unlawful" vehicles and therefore is not subject to immediate tow.
ACCUMULATION OF JUNK
A. Any junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances placed on public or private property without the consent of the owner, proprietor or agent of the property, a request for the removal of which accumulation of junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances the owner, proprietor, or agent of the premises has requested to be removed; or
B. An accumulation of junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances, as defined by any other ordinance of the Village and which does not fall into the categories of "hazardous" or "unlawful" junk, trash or refuse and therefore is not subject to immediate removal.
HAZARDOUS JUNK. TRASH OR REFUSE
A. Any junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances that present an immediate danger to the health, safety or welfare of the members of the public; or
B. Any junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances that have been placed upon a public street, way or alley and is impeding the orderly flow of traffic or poses a potential danger to pedestrians and other operators of vehicles; or
C. Any junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances that must be moved to allow for proper municipal snow removal from a public street, way or alley.
HAZARDOUS VEHICLES
A. A vehicle that has been involved in an accident and is disabled or cannot be immediately moved by the owner or operator of the vehicle; or
B. A vehicle that presents an immediate danger to the health, safety or welfare of the members of the public; or
C. A vehicle abandoned or disabled on a public street, way or alley that is impeding the orderly flow of traffic or poses a potential danger to pedestrians and other operators of vehicles; or
D. A vehicle that must be moved to allow for proper municipal snow removal from a public street, way or alley.
OWNER A person who holds legal title to a vehicle, or the right of possession of a vehicle, or who holds legal title to any other item or items of personal property, or the right of possession of said items of personal property, or who holds legal title to any real estate, or who has the right to possess any real estate on which
one or more items of personal property are located.
UNLAWFUL JUNK, TRASH OR REFUSE Any junk, vehicle parts, used
machinery, nonfunctional equipment, trash, refuse, or similar items or substances, deposited or placed on public or private property in violation of the ordinances of the Village and where either state statute or Village ordinances authorize such junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances to be removed.
UNLAWFUL VEHICLE
A. A vehicle that has been reported stolen or is the subject of a search and seizure by the Village police department; or
B. A vehicle parked in violation of State of Illinois statutes or ordinances of the Village which prohibit parking at the location in question or for the period of time for which the vehicle has been parked, and where either the statute or Village ordinances authorize the vehicle to be towed and the signs posted at the general location note that fact.
VEHICLE Any device in, upon or by which any person or property is or may be transported or drawn upon a street, highway or any public way, except devices moved by human power, devices used exclusively upon stationary rails or tracks, and snowmobiles.
SECTION 44-2: AUTHORIZATION FOR TOWING OR REMOVAL
The towing of vehicles or removal of junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances by the Village, or by its approved towing service operators, or other entity providing junk and trash removal services on behalf of the Village shall be authorized only by the Village police department and only under the circumstances herein provided.
SECTION 44-3: IMPOUNDMENT FACILITIES
Towed vehicles shall be impounded at facilities designated by the Village Police Department until lawfully claimed or disposed of pursuant to state law, 65 Illinois Compiled Statutes 5/1 -1 00 et seq. Junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances shall be impounded at facilities designated by the Village police department until lawfully claimed or disposed of pursuant to applicable state law or Village ordinances.
SECTION 44-4: HAZARDOUS, UNLAWFUL VEHICLES, JUNK. EQUIPMENT AND REFUSE:
A. Immediate Tows Or Removal: No Notice Hazardous or unlawful vehicles and hazardous and unlawful junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances may be towed or removed without prior notice; except, that when an unlawful vehicle is one that has only been reported as stolen and is not towable for some other specific reason, the owner should be, when practicable, notified by telephone or other means and given the opportunity to claim or move the vehicle, if he so wishes, to avoid incurring the expenses of a police ordered tow. Provided, however, that the vehicle may be towed when the owner permitted the tow to be made when the vehicle was reported stolen or at any time thereafter, in the form provided for in section 44-7 of this chapter. Within twenty four (24) hours after towing a vehicle or removing hazardous and unlawful junk, trash, or refuse, pursuant to this chapter, a notice shall be sent to or personally delivered to the owner of the vehicle, or to the owner (if the owner can be determined) of the hazardous and unlawful junk, trash or refuse, affording the opportunity for a hearing as provided in subsections B through E of this section.
B. Post-Tow Notice
1. Mailing Or Delivery Of Notice: Notice pursuant to this section shall be forwarded by certified or registered mail, return receipt requested, to the address of the owner of the vehicle as indicated in the most current registration list of the secretary of state, unless the notice is personally delivered to the owner, in which case, the date and time of the delivery and the name of the police officer making the delivery shall be noted in the Village. police department records or reports. The notice shall be in the forms provided for in section 44-7 of this chapter and shall be mailed or delivered within twenty four (24) hours of the tow, as provided in subsection A of this section. In the event the Village has towed an out of state hazardous or unlawful vehicle, inquiry by computer, telephone or letter shall be made of the secretary of state of the particular jurisdiction for the furnishing of the most current registered name and address of the owner of the vehicle, and notice shall be mailed as provided herein to the address furnished.
2. Posting Of Signs Showing Hearing Rights All approved towing service operators shall prominently post at least one sign, with dimensions of at least twelve inches by eighteen inches (12" x 18") indicating the opportunity and procedures for a hearing to contest the validity of a towed vehicle. The sign, the form for which is provided for in section 44-7 of this chapter, shall be placed in one or more locations readily visible to the public transacting business, at any towing facility. If a towing service operator performs services for more than one municipality, the information for contacting the various appropriate municipal offices can be listed in one such sign, the format for which shall be substantially similar to the form provided for in section 44-7 of this chapter.
3. Requests For Post-Tow Hearing Requests for hearing may be made In person at the office indicated on the notice within fifteen (15) days of the mailing or personal delivery of the notification of tow, or release of the vehicle, whichever occurs first; otherwise, the right to a hearing shall be deemed waived. Requests for hearing by persons who reside more than fifty (50) miles from the Village may be made in person or by mail received by the Village within the fifteen (15) day period.
4. Release Of Motor Vehicles Beforethe owner or person entitled to possession of any impounded vehicle shall be permitted to remove same, the owner or other person entitled to possession shall fumish evidence of his identity, ownership of the vehicle, or his right to possession, sign a receipt for the vehicle, and pay the amount currently owed for towing and storage fees to the towing service operator. The Village police chief is authorized to promulgate regulations as to the documents or other proof necessary to establish these facts.
5. Establishment Of Maximum Towing And Storage Rates. The owner shall pay fees to the towing service operator for towing and storage on police ordered tows at rates that do not exceed maximum amounts to be administratively established by the chief of police and which may be revised. The basic rates for such fees shall be shown in the form and sign concerning vehicle release requirements provided for in section 44.7 of this chapter. However, nothing in this chapter is intended to prevent a competitive towing service operator from charging less than the established maximum rates for police ordered or any other tows. In arriving at the maximum rates for various services, the chief of police shall consider such mailers as the prevailing market rates in the area for the different types of vehicles, the types of storage and area requirements for categories such as large trucks and commercial vehicles, and the relative difficulties and amount of work required to perform various types of towing operations. For particularly difficult or unusual towing jobs, such as large or serious accidents, the chief of police is authorized to allow towing operators to charge rates above those established for normal situations, which special charges must be based upon the cost of services provided, taking into account such matters as the man hours and equipment time required for the job. A towing service operator must fully itemize in writing the details of such billing at special rates for a particularly difficult or unusual tow and supply a copy of the itemized bill to the owner and to the Village police department. Any such special rates charged must be customary in the towing industry in the area for the nature and extent of the services provided. Every towing service operator and the Village police department shall have available a copy of the complete current rate schedule and any special rate policy established by the chief of police for vehicle owners to view upon request.
C. Post-Tow Hearing Procedures:
1. Opportunity For Hearing The owner of a vehicle towed as an immediate tow, by or pursuant to the authority of the Village police department as set forth herein, shall be provided the opportunity for a post-tow hearing to determine the validity of such tow and any towing or storage charges. The hearing will not be determinative of, or adjudicate, any citation issued relative to any towed vehicle.
2. Nature Of Hearing: Hearing Officer The nature of the hearing and the appointment of the hearing officer shall be the same as set forth subsections 44-5C4 and 44-5C5 of this chapter.
3. Scheduling Of Post-Tow Hearings Hearings shall take place as follows:
a. In those instances where the vehicle has been released upon the deposit of the full payment currently owed for towing and storage charges, and the owner has properly requested a hearing, the hearing shall take place within fifteen (15) days after the release of such vehicle, unless the owner requests a later date convenient to all parties.
b. In those instances where the vehicle remains impounded, the hearing shall take place, at the option of the owner:
(1) On the next day after the owners demand for such hearing, excluding Saturdays, Sundays and holidays; if such demand is made after three o'clock (3:00) P.M., or if the unavailability of a necessary witness or evidence creates a particular difficulty in conducting the hearing on the next calendar day, then a hearing shall be held on the second day following the request, excluding Saturdays, Sundays and holidays; or
(2) If acceptable to the owner, within fifteen (15) days of said request on a date convenient to all parties.
4. Conduct Of Post-Tow Hearing The hearing officer shall review all evidence presented by the vehicle owner and the Village police department or other Village employees, and shall make a finding based upon the preponderance of the evidence presented, as to the lawful authority for the towing and storage of the vehicle. The Village must establish such authority by a preponderance of the evidence.
5. Post-Tow Hearing Decision For each hearing, the hearing officer shall complete a post-tow hearing decision and attach such decision to the Village police department's original vehicle towing report, and supply a copy of the decision to the owner by personal delivery if the owner is present, otherwise by mail. The decision and findings shall be substantially as stated in the form for the post-tow hearing decision, provided for in section 44-7 of this chapter.
6. Documents Retained: Contesting Decisions All originals or copies of the notices, post-tow hearing decisions, towing reports, and any associated police reports or documents shall be retained by the Village police department for a period of at least five (5) years after each hearing, or after each tow if no hearing was requested or held. The Village or the owner may contest the decision or the hearing in any manner provided by law.
7. Towing Services Subject To Provisions. Notwithstanding any other ordinance or statutory provisions to the contrary, any towing service operator authorized to perform tows on behalf of the Village must perform Its services subject to the provisions of this chapter. However, the towing company shall have the right to recover the reasonable value of its services from the Village for police ordered tows which are not paid by the vehicle owner. Provided, however, that if a tow or the charge for a tow is found by a court to be illegal and the towing service operator is required to return the charge for the tow to the owner of the vehicle, the Village shall not be liable to reimburse the operator for the towing charges.
D. Post-Removal Notice:
1. Mailing Or Delivery Of Notice. Notice pursuant to this chapter shall be forwarded by certified or registered mail, return receipt requested, to the address of the owner of the premises on which the junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances are located. Notice shall be in the form provided for in section 44-7 of this chapter, and shall be mailed or delivered within twenty four (24) hours of the removal, as provided in subsection A of this section.
2. Posting Of Signs Showing Hearing Rights. All approved junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances, removal service operators shall prominently post at least one sign, with dimensions of at least twelve inches by eighteen inches (12" x 18"), indicating the opportunity and procedures for a hearing to contest the validity of a removed item. The sign, the torn, for which is provided for in section 44-7 of this chapter, shall be placed in one or more locations readily visible to the public transacting business at any removal service facility. If a removal service operator performs services for more than one municipality, the information for contacting the various appropriate municipal offices can be listed in one such sign, the format for which will be substantially similar to the form provided for in section 44-7 of this chapter.
3. Requests For Post-Removal Hearing. Requests for a hearing may be made in person at the office indicated on the notice within fifteen (15) days of the mailing or personal delivery of the notification of removal, or release of the items removed, whichever occurs first; otherwise, the right to a hearing shall be deemed waived. Request for hearing by persons who reside more than fifty (50) miles from the Village may be made in person or by mail received by the Village within the fifteen (15) day period.
4. Release Of Removed Items. Before the owner or person entitled to possession of any impounded personal property removed from the premises of the owner or person entitled to possession of said items shall be permitted to remove the same, the owner or other person entitled to possession shall furnish evidence of his identity, ownership of the items removed, or his right to possession of the same, sign a receipt for the items removed, and pay the amount currently owed for removal and storage fees to the removal service operator. The Village police chief is authorized to promulgate regulations as to the documents or other proof necessary to establish these facts.
5. Establishment Of Maximum Removal And Storage Rates. The owner shall pay fees to the removal service operator for removal and storage on police ordered removals at rates that do not exceed maximum amounts to be administratively established by the chief of police and which may be revised. The basic rates for such fees shall be shown in the form and sign conceming release requirements provided for in section 44-7 of this chapter. However, nothing in this chapter is intended to prevent a competitive removal service operator from charging less than the established maximum rates for police ordered or any other removals. In arriving at the maximum rates for various services, the chief of police shall consider such matters as the prevailing market rates in the area for the different types of items to be removed, the types of storage and area requirements for categories such as junk vehicles, operable vehicles, metal storage, wood storage, and the like, and the relative difficulties and amount of work required to perform various types of removal operations. For particularly difficult or unusual removal jobs, the chief of police is authorized to allow removal service operators to charge rates above those established for normal situations, which special charges must be based upon the cost of services provided, taking into account such matters as the man hours and equipment time required for the job. A removal service operator must fully itemize in writing the details of such billing at special rates for a particularly difficult or unusual removal, and supply a copy of the itemized bill to the owner and to the Village police department. Any such special rates charged must be customary in the removal service industry in the acea for the nature and extent of the services provided. Every removal service operator and the Village police department shall have available a copy of the complete current rates schedule and any special rate policy established by the chief of police for owners of personal property removed to review upon request.
E. Post-Removal Hearing Procedure
1. Opportunity For Hearing: The owner of personal property removed as hazardous or unlawful junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances, by or pursuant to the authority of the Village police department as set forth herein shall be provided the opportunity for a post-removal hearing to determine the validity of such removal and any removal or storage charges. The hearing will not be determinative of, or adjudicate, any citation issued relative to the personal property removed.
2. Nature Of Hearing: Hearing Officer. The nature of the hearing and the appointment of the hearing officer shall be the same as set forth in subsections 44-5C4 and 44-5C5 of this chapter.
3. Scheduling Of Post-Removal Hearings Hearings shall take place as follows:
a. In those instances where the personal property has been released upon the deposit of the full payment currently owed for removal and storage charges and the owner has propeily requested a hearing, the hearing shall take place within fifteen (15) days after the release of such personal property, unless the owner requests a later date convenient to all parties.
b. In those instances where the personal property remains impounded, the hearing shall take place, at the option of the owner
(1) On the next day after the owners demand for such hearing, excluding Saturdays, Sundays and holidays; if such demand is made after three o'clock (3:00) P.M., or if the unavailability of a necessary witness or evidence creates a particular difficulty in conducting the hearing on the next calendar day, then a hearing shall be held on the second day following the request, excluding Saturdays, Sundays and holidays; or (2) If acceptable to the owner, within fifteen (15) days of said request on a date convenient to all parties.
4. Conduct Of Post-Removal Hearing. The hearing officer shall review all evidence presented by the personal property owner and the Village police department or other Village employees, and shall make a finding based upon the preponderance of the evidence presented, as to the lawful authority for the removal and storage of the personal property. The Village must establish such authority by a preponderance of the evidence.
5. Post-Removal Hearing Decision. For each hearing, the hearing officer shall complete a post-removal hearing decision and attach such decision to the Village police department's original removal report, and supply a copy of the decision to the owner by personal delivery if the owner is present, otherwise by mail. The decision and findings shall be substantially as stated in the form for the post-removal hearing decision provided for in section 44-7 of this chapter.
6. Documents Retained; Contesting Decisions. All originals or copies of the notices, post-removal hearing decisions, removal reports, and any associated police reports or documents shall be retained by the Village police department for a period of at least five (5) years after each hearing, or after each removal if no hearing was requested or held. The Village or the owner of the personal property may contest the decision or the hearing in any manner provided by law.
7. Removal Services Subject To Provisions Notwithstanding any other ordinance or statutory provisions to the contrary, any removal service operator authorized to perform removals of personal property on behalf of the Village must perform its services subject to the provisions of this chapter. However, the removal company shall have the right to recover the reasonable value of its services from the Village for police ordered removals which are not paid by the personal property owner. Provided, however, that if a removal or the charge for a removal of personal property is found by a court to be illegal and the removal service operator is required to return the charge for the removal to the owner of the personal property, the Village shall not be liable to reimburse the operator for the removal charges.
SECTION 44-5: ABANDONED VEHICLES:
A. Towing Or Removal With Prior Notice Abandoned vehicles may be towed after the mailing or delivery of prior notice and the affording of an opportunity for hearing as provided in subsections B and C of this section.
B. Pre-Tow Notice
1. Notice pursuant to this subsection shall be personally delivered to the owner or shall be forwarded by certified or registered mail, return receipt requested, to the address of the owner of the vehicle as indicated in the most current registration list of the secretary of state. The notice shall be in the form provided for in section 44-7 of this chapter. In the event that an out of state vehicle is proposed to be towed, inquiry by computer, telephone or letter shall be made of the secretary of state of the particular Jurisdiction for the furnishing of the most current registered name and address of the owner of the vehicle, and notice shall be mailed as provided herein to the address furnished, though in no case will the Village be required to delay towing more than seven (7) days after the date of the mailing or personal delivery of the notice if no request for a hearing has been received within that seven (7) day period.
2. A notice of intent to tow sticker with the earliest date upon which the tow may take place and the address and telephone number of the Village police department shall be placed on the vehicle.
C. Pre-Tow Hearing Procedures:
1. Opportunity For Hearing. The owner or person entitled to possession of a vehicle to be towed as an abandoned vehicle shall have seven (7) days after the date of mailing or personal delivery of the notice to request in writing a pre-tow hearing. Subsequent to this seven (7) day period, the vehicle may be towed if the owner has not filed a written hearing request within the seven (7) day period, and any hearing rights under the provisions of this chapter will be deemed waived.
2. Scheduling Of Pre-Tow Hearing. The pre-tow hearing shall be scheduled for a date within fourteen (14) days of the mailing or personal delivery of the pre-tow notice. The Village shall not be required to delay towing longer than such fourteen (14) day period.
3. Reguest For Pre-Tow Hearing. Requests for a pre-tow hearing are to be made in person to the office indicated on the notice. Requests for hearings by persons who reside more than fifty (50) miles from the Village may be made by mail. Forms for such requests shall be made available at the Village police department. At the time of making the request, the owner will be provided a hearing date and time by mail or in person, as the circumstances require.
4. Appointment Of Hearing Officer. The Village shall choose an officer or employee of the Village to serve as a hearing officer. In no case shall that hearing officer be an individual who was involved in the initial decision to tow the vehicle. The hearing officer shall have the authority to require the presence of the enforcement officer who initiated the proposed tow or any other Village personnel.
5. Nature Of Hearing. The hearing shall be informal in nature, and the rules of evidence shall not apply. The hearing will not be determinative of, or adjudicate, any citation relative to any vehicle. After receiving all relevant evidence, the hearing officer shall make a written decision (pre-tow hearing decision) based upon a preponderance of the evidence as to whether towing of the vehicle is authorized by the laws of the state or the ordinances of the Village, with a specific statutory or ordinance section cited in the decision. The owner shall be provided a copy of the pre-tow hearing decision.
6. Decision To Tow: Rates. If the preponderance of the evidence supports towing and compliance with the provisions of this chapter, the hearing officer shall direct that the vehicle be towed, with any towing and storage costs to then be imposed upon the owner thereof. The fees to be charged for towing and storage services shall be no more than maximum rates set by the Chief of Police pursuant to the provisions of subsection 44-4D5 of this chapter. The owner of said vehicle having had a pre hearing may avoid the towing by immediately removing the vehicle from the improper location to a proper, lawful location and correcting any unlawful condition of the vehicle.
7. Decision Not To Tow. If the preponderance of the evidence falls to support towing of the vehicle, the hearing officer shall direct that the vehicle shall not be towed. The Village shall furnish a copy of such decision to the owner, who may place it inside the vehicle in a location plainly visible from the outside, such as the dashboard or rear window. No vehicle about which such a decision has been rendered shall be towed by the Village unless the circumstances under which the decision was rendered have changed. If at some subsequent time the Village should wish to tow the vehicle from the same location, it shall follow the same procedures required for the towing of any other similarly situated vehicle.
8. Documents Retained; Contesting Decisions. Originals or copies of all notices, pre-tow hearing decisions, towing reports, and any associated police reports or documents shall be retained by the Village police department for a period of at least five (5) years after each hearing, or after each tow if no hearing was requested or held. The Village or the owner may contest the decision of the hearing officer in any manner provided by law.
SECTION 44-6: JUNK ACCUMULATIONS:
A. Towing And Removal With Prior Notice Accumulations of junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances may be removed after the mailing or delivery of prior notice and the affording of an opportunity for hearing as provided in subsections B and C of this section.
B. Notice Prior To Removal
1. Notice pursuant to this subsection shall be personally delivered to the owner or shall be forwarded by certified or registered mail, return receipt requested, to the address of the owner of the premises on which the junk, vehicle parts, used machinery, nonfunctional equipment, refuse, trash, and other-similar items and substances are located. Notice shall be in the form provided for in section 44-7 of this chapter.
2. A notice of intent to remove sticker with the earliest date upon which the removal may take place and the address and telephone number of the Village police department shall be placed in a conspicuous place on the premises on or near the junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances, to be removed.
C. Pre-Removal Hearing Procedures
1. Opportunity For Hearing: The owner or person entitled to possession of the premises on which junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances, to be removed is located shall have seven (7) days after the date of mailing or personal delivery of the notice to request, in writing, a pre-removal hearing. Subsequent to this seven (7) day period, the junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances, may be removed, if the owner has not filed a written hearing request within the seven (7) day period, and any hearing rights under the provisions of this chapter will be deemed waived.
2. Scheduling Of Pre-Removal Hearing. The pre-removal hearing shall be scheduled for a date within fourteen (14) days of the mailing or personal delivery of the pre-removal notice. The Village shall not be required to delay removal longer than such fourteen (14) day period.
3. Request For Pre-Removal Hearing Requests for a pre-removal hearing are to be made in person to the office indicated on the notice. Request for hearing by persons who reside more than fifty (50) miles from the Village may be made by mail. Forms for such request shall be made available at the Village police department. At the time of making the request, the owner will be provided a hearing date and time by mail or in person, as the circumstances require.
4. Appointment Of Hearing Officer. The Village shall choose an officer or employee of the Village to serve as a hearing officer. In no case shall that hearing officer be an individual who was involved in the initial decision to remove the junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances. The hearing officer shall have the authority to require the presence of the enforcement officer who initiated the proposed removal or any other Village personnel.
5. Nature Of Hearing. The hearing shall be informal in nature, and the rules of evidence shall not apply. The hearing will not be determinative of, or adjudicate, any citation relative to the presence of any junk, vehicle parts, used JTlachinery, nonfunctional equipment, trash, refuse, or similar items or substances upon any described premises. After receiving all relevant evidence, the hearing officer shall make a written decision (pre-removal hearing decision), based upon a preponderance of the evidence as to whether removal of the junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances is authorized by the laws of the state or the ordinances of the Village, with a specific statutory or ordinance section cited in the decision. The owner shall be provided a copy of the pre-removal hearing decision.
6. Decision To Remove: Rates. If the preponderance of the evidence supports removal and compliance with the provisions of this chapter, the hearing officer shall direct that the junk, vehicle pads, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances, be removed with any removal and storage cost to then be imposed upon the owner thereof. The fees to be charged for removal and storage services shall be no more than the maximum rates set by the Chief of Police pursuant to the provisions of subsection 44-4D5 of this chapter. The owner of said junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances, having had a pre-removal hearing, may avoid the removal by immediately removing the junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances, from the improper location to a proper, lawful location and correcting any unlawful condition of the premises in regard to the presence thereon of junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances, such as to constitute a nuisance or other violation of the ordinances of the Village.
7. Decision Not To Remove. If the preponderance of the evidence fails to support removal of the junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances, the hearing officer shall direct that the junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances shall not be removed. The Village shall furnish a copy of such decision to the owner, who may place it on or about the premises in a location plainly visible from the street, such as a window, wall of a building, or other easily visible place. No junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances, about which such a decision has been rendered, shall be removed by the Village unless the circumstances under which the decision was rendered have changed. If at some subsequent time the Village should wish to remove the junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances from the same location, it shall follow the same procedures required for the removal of any other similarly situated items.
8. Documents Retained; Contesting Decisions. Originals or copies of all notices, pre-removal hearing decisions, removal reports, and any associated police reports or documents shall be retained by the Village police department for a period of at least five (5) years after each hearing, or after each removal it no hearing was requested or held. The Village or the owner may contest the decision of the hearing officer in any manner provided by law.
SECTION 44-7: FORMS
The necessary forms required by this chapter are available in the office of the Village Clerk.
SECTION 44-8: Penalty
A. Unless specifically provided elsewhere in this chapter or state statute, any person found to have been in violation of any of the terms and provisions of this ordinance shall be fined in an amount not to exceed seven hundred fifty dollars ($750.00). No imprisonment for failure to pay such fme, penalty or cost shall exceed six (6) months for each offense. Each day that a violation continues shall be deemed to be a separate offense. A penalty for each offense may include a requirement that the offending party perform some reasonable public service work such as, but not limited to, picking up litter in public parks or upon public highways or performing maintenance of public facilities. A violation hereof may be established by a preponderance of the evidence.
B. Acts Consistent With Criminal Laws Of State of Illinois: If, by the terms of an ordinance, an act that would be consistent with the criminal laws of the state is
declared to be a misdemeanor, the penalty therefor shall be for a period of incarceration in a penal institution other than the penitentiary not to exceed six (6) months. The matter shall be prosecuted under the rules of criminal procedure of the state, and the Village shall be required to establish guilt beyond a reasonable doubt.
SECTION 44.9 Severability
If any provision of this Ordinance, or the application of any provision of this Ordinance, is held unconstitutional or otherwise invalid, such occurrence shall not affect other provisions of this Ordinance, or their application, that can be given effect without the unconstitutional or invalid provision or its application. Each unconstitutional or invalid provision, or application of such provision, is severable, unless otherwise provided by this Ordinance.
SECTION 44.10 Effective Date That this Ordinance, shall be in full force and effect ten days from and after its passage and approval, in booklet (pamphlet) form, according to the laws of the State of Illinois.
ADOPTED this 8th day of March, 2005, pursuant to a roll call vote as follows:
AYES: Laurence Baker; Gary Milton; Carol Stephenson; Jack Messamore; Rick Wagoner
NAYES: -0-
ABSENT: Barton Rigsby
ABSTENTION:
APPROVED by me this 8th day of March, 2005.
signature on file
Gary Milton, Mayor,
Village of Colfax, McLean County, Illinois
ATTESTED, Filed in my office, And published in pamphlet form This 8th day of March, 2005.
signature on file
Nancy Kiper, Clerk of the Village of
Colfax, McLean County, Illinois.
CERTIFICATION OF ORDINANCE
STATE OF ILLINOIS )
)SS
COUNTY OF McLEAN )
I, Nancy Kiper, Village Clerk of the Village of Colfax, McLean County, Illinois, do hereby certify that the foregoing Ordinance constitutes a true and correct copy of said Ordinance, passed, approved, and published on the 8th day of March, 2005.
I do further certify that said Ordinance has been placed in the permanent records of said Village where it now appears and remains in the Book of Minutes.
In Witness whereof, I have hereunto set my hand and seal of the Village of Colfax, McLean County, Illinois, this 8th day of March, 2005.
signature on file
Nancy Kiper, Clerk of the Village of Colfax,
McLean County, Illinois
CERTIFICATION OF ORDINANCE PUBLISHED IN PAMPHET FROM
STATE OF ILLINOIS )
)SS
COUNTY OF McLEAN )
I, Nancy Kiper, certify that I am the duly elected and acting municipal clerk of the Village of Colfax, McLean County, Illinois.
I further certify that on March 8, 2005, the Coiporate Authorities of such municipality passed and approved Ordinance No. 2005-3, entitled "AN ORDINANCE AMENDING THE COLFAX MUNICIPAL CODE BY ADDING CHAPTER 44. VEHICLE TOWING AND JUNK CAR REMOVAL" which provided by its terms that it should be published in pamphlet form.
The pamphlet form of Ordinance No. 2005-3, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building commencing on March 8, 2005, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk.
Dated at Colfax, Illinois, this 8th day of March, 2005.
signature on file
Municipal Clerk, Village of Colfax
Upon motion properly made and seconded, concerning passage and publica tion of the ‘Colfax Municipal Code, " the Board of Trustees voted upon roll call as follows:
Kenneth Wyant: yea Harry Wagoner: yea Myron Gross: yea
Robert Geske: yea JackMessamore: yea Brad Rigsby: yea
YEAS: six NAYS: none
The foregoing ordinance entitled "Colfax Municipal Code, " was passed, approved, and published this fifth day of January, 1976, at 8:00 p.m., in the Village Hall, Colfax, Illinois, by the President and Board of Trustees of the Village of Colfax, McLean County, Illinois.
Darwin K. Gillan, President
Village of Colfax, McLean County, Illinois
ATTEST:
Robert L. Gillan, Clerk
Village of Colfax, McLean County, Illinois (SEAL)
CERTIFICATE
I hereby certify that the foregoing is a true and accurate copy of an ordinance entitled the "Colfax Municipal Code" of the Village of Colfax, McLean County, Illinois, passed and approved in the Village Hall, Colfax, Illinois by the President and Board of Trustees of the Village of Colfax at 8:00 p.m. on the fifth day of January, 1976, and published in book form by authority of the President and Board of Trustees on the same time and date and at the same place.
Robert L. Gillan, Clerk
Village of Colfax, McLean County, Illinois
(SEAL)
AN ORDINANCE AMENDING THE COLFAX MUNICIPAL CODE BY ADDING CHAPTER 44 VEHICLE TOWING AND JUNK CAR REMOVAL
PASSED: March 8, 2005
APPROVED: March 8, 2005
EFFECTIVE DATE: March 8, 2005
PUBLISHED IN PAMPHLET FORM: March 8, 2005
AN ORDINANCE AMENDING THE COLFAX MUNICIPAL CODE BY
ADDING CHAPTER 44. VEHICLE TOWING AND JUNK CAR REMOVAL
WHEREAS, the President and the Board of Trustees of the Village of Colfax have considered and determined the necessity of enacting an ordinance regarding vehicle towing and junk car and hazardous vehicle removal due to public health and safety concerns and as a matter of public policy.
BE IT ORDAINED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF Colfax, ILLINOIS:
That the Colfax Municipal Code is hereby amended by adding thereto Chapter 44, VEHICLE TOWING AND JUNK CAR REMOVAL, as follows:
SECTION 44-1: DEFINITIONS
For the purposes of this chapter, the following terms shall have the meanings stated in this section, Any term not defined herein shall have the meaning ascribed to it in other ordinances of the Village, and if not defined in any Village ordinance, it shall have the meaning ascribed in the Illinois motor vehicle code, 625 Illinois Compiled Statutes.
ABANDONED VEHICLE A. A vehicle parked or otherwise located on a public way.and:
1. In such a state of disrepair that it is incapable of being driven; or
2. That has been unmoved for a period of at least twenty four (24) hours, and from its condition, the period during which it has not been moved, or some other circumstance appears to have been, and will be presumed to have been, abandoned by its owner; or
B. Vehicles parked in a public parking lot or on private property without the consent of the lot owner, proprietor or agent of the property, which person has requested that the vehicle be towed; or
C. A vehicle defined as an unlicensed or unregistered vehicle; or
D. A vehicle defined as abandoned, or capable of being towed, by any other ordinance of the Village, and which does not fall into the categories of "hazardous" or "unlawful" vehicles and therefore is not subject to immediate tow.
ACCUMULATION OF JUNK
A. Any junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances placed on public or private property without the consent of the owner, proprietor or agent of the property, a request for the removal of which accumulation of junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances the owner, proprietor, or agent of the premises has requested to be removed; or
B. An accumulation of junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances, as defined by any other ordinance of the Village and which does not fall into the categories of "hazardous" or "unlawful" junk, trash or refuse and therefore is not subject to immediate removal.
HAZARDOUS JUNK. TRASH OR REFUSE
A. Any junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances that present an immediate danger to the health, safety or welfare of the members of the public; or
B. Any junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances that have been placed upon a public street, way or alley and is impeding the orderly flow of traffic or poses a potential danger to pedestrians and other operators of vehicles; or
C. Any junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances that must be moved to allow for proper municipal snow removal from a public street, way or alley.
HAZARDOUS VEHICLES
A. A vehicle that has been involved in an accident and is disabled or cannot be immediately moved by the owner or operator of the vehicle; or
B. A vehicle that presents an immediate danger to the health, safety or welfare of the members of the public; or
C. A vehicle abandoned or disabled on a public street, way or alley that is impeding the orderly flow of traffic or poses a potential danger to pedestrians and other operators of vehicles; or
D. A vehicle that must be moved to allow for proper municipal snow removal from a public street, way or alley.
OWNER A person who holds legal title to a vehicle, or the right of possession of a vehicle, or who holds legal title to any other item or items of personal property, or the right of possession of said items of personal property, or who holds legal title to any real estate, or who has the right to possess any real estate on which
one or more items of personal property are located.
UNLAWFUL JUNK, TRASH OR REFUSE Any junk, vehicle parts, used
machinery, nonfunctional equipment, trash, refuse, or similar items or substances, deposited or placed on public or private property in violation of the ordinances of the Village and where either state statute or Village ordinances authorize such junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances to be removed.
UNLAWFUL VEHICLE
A. A vehicle that has been reported stolen or is the subject of a search and seizure by the Village police department; or
B. A vehicle parked in violation of State of Illinois statutes or ordinances of the Village which prohibit parking at the location in question or for the period of time for which the vehicle has been parked, and where either the statute or Village ordinances authorize the vehicle to be towed and the signs posted at the general location note that fact.
VEHICLE Any device in, upon or by which any person or property is or may be transported or drawn upon a street, highway or any public way, except devices moved by human power, devices used exclusively upon stationary rails or tracks, and snowmobiles.
SECTION 44-2: AUTHORIZATION FOR TOWING OR REMOVAL
The towing of vehicles or removal of junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances by the Village, or by its approved towing service operators, or other entity providing junk and trash removal services on behalf of the Village shall be authorized only by the Village police department and only under the circumstances herein provided.
SECTION 44-3: IMPOUNDMENT FACILITIES
Towed vehicles shall be impounded at facilities designated by the Village Police Department until lawfully claimed or disposed of pursuant to state law, 65 Illinois Compiled Statutes 5/1 -1 00 et seq. Junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances shall be impounded at facilities designated by the Village police department until lawfully claimed or disposed of pursuant to applicable state law or Village ordinances.
SECTION 44-4: HAZARDOUS, UNLAWFUL VEHICLES, JUNK. EQUIPMENT AND REFUSE:
A. Immediate Tows Or Removal: No Notice Hazardous or unlawful vehicles and hazardous and unlawful junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances may be towed or removed without prior notice; except, that when an unlawful vehicle is one that has only been reported as stolen and is not towable for some other specific reason, the owner should be, when practicable, notified by telephone or other means and given the opportunity to claim or move the vehicle, if he so wishes, to avoid incurring the expenses of a police ordered tow. Provided, however, that the vehicle may be towed when the owner permitted the tow to be made when the vehicle was reported stolen or at any time thereafter, in the form provided for in section 44-7 of this chapter. Within twenty four (24) hours after towing a vehicle or removing hazardous and unlawful junk, trash, or refuse, pursuant to this chapter, a notice shall be sent to or personally delivered to the owner of the vehicle, or to the owner (if the owner can be determined) of the hazardous and unlawful junk, trash or refuse, affording the opportunity for a hearing as provided in subsections B through E of this section.
B. Post-Tow Notice
1. Mailing Or Delivery Of Notice: Notice pursuant to this section shall be forwarded by certified or registered mail, return receipt requested, to the address of the owner of the vehicle as indicated in the most current registration list of the secretary of state, unless the notice is personally delivered to the owner, in which case, the date and time of the delivery and the name of the police officer making the delivery shall be noted in the Village. police department records or reports. The notice shall be in the forms provided for in section 44-7 of this chapter and shall be mailed or delivered within twenty four (24) hours of the tow, as provided in subsection A of this section. In the event the Village has towed an out of state hazardous or unlawful vehicle, inquiry by computer, telephone or letter shall be made of the secretary of state of the particular jurisdiction for the furnishing of the most current registered name and address of the owner of the vehicle, and notice shall be mailed as provided herein to the address furnished.
2. Posting Of Signs Showing Hearing Rights All approved towing service operators shall prominently post at least one sign, with dimensions of at least twelve inches by eighteen inches (12" x 18") indicating the opportunity and procedures for a hearing to contest the validity of a towed vehicle. The sign, the form for which is provided for in section 44-7 of this chapter, shall be placed in one or more locations readily visible to the public transacting business, at any towing facility. If a towing service operator performs services for more than one municipality, the information for contacting the various appropriate municipal offices can be listed in one such sign, the format for which shall be substantially similar to the form provided for in section 44-7 of this chapter.
3. Requests For Post-Tow Hearing Requests for hearing may be made In person at the office indicated on the notice within fifteen (15) days of the mailing or personal delivery of the notification of tow, or release of the vehicle, whichever occurs first; otherwise, the right to a hearing shall be deemed waived. Requests for hearing by persons who reside more than fifty (50) miles from the Village may be made in person or by mail received by the Village within the fifteen (15) day period.
4. Release Of Motor Vehicles Beforethe owner or person entitled to possession of any impounded vehicle shall be permitted to remove same, the owner or other person entitled to possession shall fumish evidence of his identity, ownership of the vehicle, or his right to possession, sign a receipt for the vehicle, and pay the amount currently owed for towing and storage fees to the towing service operator. The Village police chief is authorized to promulgate regulations as to the documents or other proof necessary to establish these facts.
5. Establishment Of Maximum Towing And Storage Rates. The owner shall pay fees to the towing service operator for towing and storage on police ordered tows at rates that do not exceed maximum amounts to be administratively established by the chief of police and which may be revised. The basic rates for such fees shall be shown in the form and sign concerning vehicle release requirements provided for in section 44.7 of this chapter. However, nothing in this chapter is intended to prevent a competitive towing service operator from charging less than the established maximum rates for police ordered or any other tows. In arriving at the maximum rates for various services, the chief of police shall consider such mailers as the prevailing market rates in the area for the different types of vehicles, the types of storage and area requirements for categories such as large trucks and commercial vehicles, and the relative difficulties and amount of work required to perform various types of towing operations. For particularly difficult or unusual towing jobs, such as large or serious accidents, the chief of police is authorized to allow towing operators to charge rates above those established for normal situations, which special charges must be based upon the cost of services provided, taking into account such matters as the man hours and equipment time required for the job. A towing service operator must fully itemize in writing the details of such billing at special rates for a particularly difficult or unusual tow and supply a copy of the itemized bill to the owner and to the Village police department. Any such special rates charged must be customary in the towing industry in the area for the nature and extent of the services provided. Every towing service operator and the Village police department shall have available a copy of the complete current rate schedule and any special rate policy established by the chief of police for vehicle owners to view upon request.
C. Post-Tow Hearing Procedures:
1. Opportunity For Hearing The owner of a vehicle towed as an immediate tow, by or pursuant to the authority of the Village police department as set forth herein, shall be provided the opportunity for a post-tow hearing to determine the validity of such tow and any towing or storage charges. The hearing will not be determinative of, or adjudicate, any citation issued relative to any towed vehicle.
2. Nature Of Hearing: Hearing Officer The nature of the hearing and the appointment of the hearing officer shall be the same as set forth subsections 44-5C4 and 44-5C5 of this chapter.
3. Scheduling Of Post-Tow Hearings Hearings shall take place as follows:
a. In those instances where the vehicle has been released upon the deposit of the full payment currently owed for towing and storage charges, and the owner has properly requested a hearing, the hearing shall take place within fifteen (15) days after the release of such vehicle, unless the owner requests a later date convenient to all parties.
b. In those instances where the vehicle remains impounded, the hearing shall take place, at the option of the owner:
(1) On the next day after the owners demand for such hearing, excluding Saturdays, Sundays and holidays; if such demand is made after three o'clock (3:00) P.M., or if the unavailability of a necessary witness or evidence creates a particular difficulty in conducting the hearing on the next calendar day, then a hearing shall be held on the second day following the request, excluding Saturdays, Sundays and holidays; or
(2) If acceptable to the owner, within fifteen (15) days of said request on a date convenient to all parties.
4. Conduct Of Post-Tow Hearing The hearing officer shall review all evidence presented by the vehicle owner and the Village police department or other Village employees, and shall make a finding based upon the preponderance of the evidence presented, as to the lawful authority for the towing and storage of the vehicle. The Village must establish such authority by a preponderance of the evidence.
5. Post-Tow Hearing Decision For each hearing, the hearing officer shall complete a post-tow hearing decision and attach such decision to the Village police department's original vehicle towing report, and supply a copy of the decision to the owner by personal delivery if the owner is present, otherwise by mail. The decision and findings shall be substantially as stated in the form for the post-tow hearing decision, provided for in section 44-7 of this chapter.
6. Documents Retained: Contesting Decisions All originals or copies of the notices, post-tow hearing decisions, towing reports, and any associated police reports or documents shall be retained by the Village police department for a period of at least five (5) years after each hearing, or after each tow if no hearing was requested or held. The Village or the owner may contest the decision or the hearing in any manner provided by law.
7. Towing Services Subject To Provisions. Notwithstanding any other ordinance or statutory provisions to the contrary, any towing service operator authorized to perform tows on behalf of the Village must perform Its services subject to the provisions of this chapter. However, the towing company shall have the right to recover the reasonable value of its services from the Village for police ordered tows which are not paid by the vehicle owner. Provided, however, that if a tow or the charge for a tow is found by a court to be illegal and the towing service operator is required to return the charge for the tow to the owner of the vehicle, the Village shall not be liable to reimburse the operator for the towing charges.
D. Post-Removal Notice:
1. Mailing Or Delivery Of Notice. Notice pursuant to this chapter shall be forwarded by certified or registered mail, return receipt requested, to the address of the owner of the premises on which the junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances are located. Notice shall be in the form provided for in section 44-7 of this chapter, and shall be mailed or delivered within twenty four (24) hours of the removal, as provided in subsection A of this section.
2. Posting Of Signs Showing Hearing Rights. All approved junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances, removal service operators shall prominently post at least one sign, with dimensions of at least twelve inches by eighteen inches (12" x 18"), indicating the opportunity and procedures for a hearing to contest the validity of a removed item. The sign, the torn, for which is provided for in section 44-7 of this chapter, shall be placed in one or more locations readily visible to the public transacting business at any removal service facility. If a removal service operator performs services for more than one municipality, the information for contacting the various appropriate municipal offices can be listed in one such sign, the format for which will be substantially similar to the form provided for in section 44-7 of this chapter.
3. Requests For Post-Removal Hearing. Requests for a hearing may be made in person at the office indicated on the notice within fifteen (15) days of the mailing or personal delivery of the notification of removal, or release of the items removed, whichever occurs first; otherwise, the right to a hearing shall be deemed waived. Request for hearing by persons who reside more than fifty (50) miles from the Village may be made in person or by mail received by the Village within the fifteen (15) day period.
4. Release Of Removed Items. Before the owner or person entitled to possession of any impounded personal property removed from the premises of the owner or person entitled to possession of said items shall be permitted to remove the same, the owner or other person entitled to possession shall furnish evidence of his identity, ownership of the items removed, or his right to possession of the same, sign a receipt for the items removed, and pay the amount currently owed for removal and storage fees to the removal service operator. The Village police chief is authorized to promulgate regulations as to the documents or other proof necessary to establish these facts.
5. Establishment Of Maximum Removal And Storage Rates. The owner shall pay fees to the removal service operator for removal and storage on police ordered removals at rates that do not exceed maximum amounts to be administratively established by the chief of police and which may be revised. The basic rates for such fees shall be shown in the form and sign conceming release requirements provided for in section 44-7 of this chapter. However, nothing in this chapter is intended to prevent a competitive removal service operator from charging less than the established maximum rates for police ordered or any other removals. In arriving at the maximum rates for various services, the chief of police shall consider such matters as the prevailing market rates in the area for the different types of items to be removed, the types of storage and area requirements for categories such as junk vehicles, operable vehicles, metal storage, wood storage, and the like, and the relative difficulties and amount of work required to perform various types of removal operations. For particularly difficult or unusual removal jobs, the chief of police is authorized to allow removal service operators to charge rates above those established for normal situations, which special charges must be based upon the cost of services provided, taking into account such matters as the man hours and equipment time required for the job. A removal service operator must fully itemize in writing the details of such billing at special rates for a particularly difficult or unusual removal, and supply a copy of the itemized bill to the owner and to the Village police department. Any such special rates charged must be customary in the removal service industry in the acea for the nature and extent of the services provided. Every removal service operator and the Village police department shall have available a copy of the complete current rates schedule and any special rate policy established by the chief of police for owners of personal property removed to review upon request.
E. Post-Removal Hearing Procedure
1. Opportunity For Hearing: The owner of personal property removed as hazardous or unlawful junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances, by or pursuant to the authority of the Village police department as set forth herein shall be provided the opportunity for a post-removal hearing to determine the validity of such removal and any removal or storage charges. The hearing will not be determinative of, or adjudicate, any citation issued relative to the personal property removed.
2. Nature Of Hearing: Hearing Officer. The nature of the hearing and the appointment of the hearing officer shall be the same as set forth in subsections 44-5C4 and 44-5C5 of this chapter.
3. Scheduling Of Post-Removal Hearings Hearings shall take place as follows:
a. In those instances where the personal property has been released upon the deposit of the full payment currently owed for removal and storage charges and the owner has propeily requested a hearing, the hearing shall take place within fifteen (15) days after the release of such personal property, unless the owner requests a later date convenient to all parties.
b. In those instances where the personal property remains impounded, the hearing shall take place, at the option of the owner
(1) On the next day after the owners demand for such hearing, excluding Saturdays, Sundays and holidays; if such demand is made after three o'clock (3:00) P.M., or if the unavailability of a necessary witness or evidence creates a particular difficulty in conducting the hearing on the next calendar day, then a hearing shall be held on the second day following the request, excluding Saturdays, Sundays and holidays; or (2) If acceptable to the owner, within fifteen (15) days of said request on a date convenient to all parties.
4. Conduct Of Post-Removal Hearing. The hearing officer shall review all evidence presented by the personal property owner and the Village police department or other Village employees, and shall make a finding based upon the preponderance of the evidence presented, as to the lawful authority for the removal and storage of the personal property. The Village must establish such authority by a preponderance of the evidence.
5. Post-Removal Hearing Decision. For each hearing, the hearing officer shall complete a post-removal hearing decision and attach such decision to the Village police department's original removal report, and supply a copy of the decision to the owner by personal delivery if the owner is present, otherwise by mail. The decision and findings shall be substantially as stated in the form for the post-removal hearing decision provided for in section 44-7 of this chapter.
6. Documents Retained; Contesting Decisions. All originals or copies of the notices, post-removal hearing decisions, removal reports, and any associated police reports or documents shall be retained by the Village police department for a period of at least five (5) years after each hearing, or after each removal if no hearing was requested or held. The Village or the owner of the personal property may contest the decision or the hearing in any manner provided by law.
7. Removal Services Subject To Provisions Notwithstanding any other ordinance or statutory provisions to the contrary, any removal service operator authorized to perform removals of personal property on behalf of the Village must perform its services subject to the provisions of this chapter. However, the removal company shall have the right to recover the reasonable value of its services from the Village for police ordered removals which are not paid by the personal property owner. Provided, however, that if a removal or the charge for a removal of personal property is found by a court to be illegal and the removal service operator is required to return the charge for the removal to the owner of the personal property, the Village shall not be liable to reimburse the operator for the removal charges.
SECTION 44-5: ABANDONED VEHICLES:
A. Towing Or Removal With Prior Notice Abandoned vehicles may be towed after the mailing or delivery of prior notice and the affording of an opportunity for hearing as provided in subsections B and C of this section.
B. Pre-Tow Notice
1. Notice pursuant to this subsection shall be personally delivered to the owner or shall be forwarded by certified or registered mail, return receipt requested, to the address of the owner of the vehicle as indicated in the most current registration list of the secretary of state. The notice shall be in the form provided for in section 44-7 of this chapter. In the event that an out of state vehicle is proposed to be towed, inquiry by computer, telephone or letter shall be made of the secretary of state of the particular Jurisdiction for the furnishing of the most current registered name and address of the owner of the vehicle, and notice shall be mailed as provided herein to the address furnished, though in no case will the Village be required to delay towing more than seven (7) days after the date of the mailing or personal delivery of the notice if no request for a hearing has been received within that seven (7) day period.
2. A notice of intent to tow sticker with the earliest date upon which the tow may take place and the address and telephone number of the Village police department shall be placed on the vehicle.
C. Pre-Tow Hearing Procedures:
1. Opportunity For Hearing. The owner or person entitled to possession of a vehicle to be towed as an abandoned vehicle shall have seven (7) days after the date of mailing or personal delivery of the notice to request in writing a pre-tow hearing. Subsequent to this seven (7) day period, the vehicle may be towed if the owner has not filed a written hearing request within the seven (7) day period, and any hearing rights under the provisions of this chapter will be deemed waived.
2. Scheduling Of Pre-Tow Hearing. The pre-tow hearing shall be scheduled for a date within fourteen (14) days of the mailing or personal delivery of the pre-tow notice. The Village shall not be required to delay towing longer than such fourteen (14) day period.
3. Reguest For Pre-Tow Hearing. Requests for a pre-tow hearing are to be made in person to the office indicated on the notice. Requests for hearings by persons who reside more than fifty (50) miles from the Village may be made by mail. Forms for such requests shall be made available at the Village police department. At the time of making the request, the owner will be provided a hearing date and time by mail or in person, as the circumstances require.
4. Appointment Of Hearing Officer. The Village shall choose an officer or employee of the Village to serve as a hearing officer. In no case shall that hearing officer be an individual who was involved in the initial decision to tow the vehicle. The hearing officer shall have the authority to require the presence of the enforcement officer who initiated the proposed tow or any other Village personnel.
5. Nature Of Hearing. The hearing shall be informal in nature, and the rules of evidence shall not apply. The hearing will not be determinative of, or adjudicate, any citation relative to any vehicle. After receiving all relevant evidence, the hearing officer shall make a written decision (pre-tow hearing decision) based upon a preponderance of the evidence as to whether towing of the vehicle is authorized by the laws of the state or the ordinances of the Village, with a specific statutory or ordinance section cited in the decision. The owner shall be provided a copy of the pre-tow hearing decision.
6. Decision To Tow: Rates. If the preponderance of the evidence supports towing and compliance with the provisions of this chapter, the hearing officer shall direct that the vehicle be towed, with any towing and storage costs to then be imposed upon the owner thereof. The fees to be charged for towing and storage services shall be no more than maximum rates set by the Chief of Police pursuant to the provisions of subsection 44-4D5 of this chapter. The owner of said vehicle having had a pre hearing may avoid the towing by immediately removing the vehicle from the improper location to a proper, lawful location and correcting any unlawful condition of the vehicle.
7. Decision Not To Tow. If the preponderance of the evidence falls to support towing of the vehicle, the hearing officer shall direct that the vehicle shall not be towed. The Village shall furnish a copy of such decision to the owner, who may place it inside the vehicle in a location plainly visible from the outside, such as the dashboard or rear window. No vehicle about which such a decision has been rendered shall be towed by the Village unless the circumstances under which the decision was rendered have changed. If at some subsequent time the Village should wish to tow the vehicle from the same location, it shall follow the same procedures required for the towing of any other similarly situated vehicle.
8. Documents Retained; Contesting Decisions. Originals or copies of all notices, pre-tow hearing decisions, towing reports, and any associated police reports or documents shall be retained by the Village police department for a period of at least five (5) years after each hearing, or after each tow if no hearing was requested or held. The Village or the owner may contest the decision of the hearing officer in any manner provided by law.
SECTION 44-6: JUNK ACCUMULATIONS:
A. Towing And Removal With Prior Notice Accumulations of junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances may be removed after the mailing or delivery of prior notice and the affording of an opportunity for hearing as provided in subsections B and C of this section.
B. Notice Prior To Removal
1. Notice pursuant to this subsection shall be personally delivered to the owner or shall be forwarded by certified or registered mail, return receipt requested, to the address of the owner of the premises on which the junk, vehicle parts, used machinery, nonfunctional equipment, refuse, trash, and other-similar items and substances are located. Notice shall be in the form provided for in section 44-7 of this chapter.
2. A notice of intent to remove sticker with the earliest date upon which the removal may take place and the address and telephone number of the Village police department shall be placed in a conspicuous place on the premises on or near the junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances, to be removed.
C. Pre-Removal Hearing Procedures
1. Opportunity For Hearing: The owner or person entitled to possession of the premises on which junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances, to be removed is located shall have seven (7) days after the date of mailing or personal delivery of the notice to request, in writing, a pre-removal hearing. Subsequent to this seven (7) day period, the junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances, may be removed, if the owner has not filed a written hearing request within the seven (7) day period, and any hearing rights under the provisions of this chapter will be deemed waived.
2. Scheduling Of Pre-Removal Hearing. The pre-removal hearing shall be scheduled for a date within fourteen (14) days of the mailing or personal delivery of the pre-removal notice. The Village shall not be required to delay removal longer than such fourteen (14) day period.
3. Request For Pre-Removal Hearing Requests for a pre-removal hearing are to be made in person to the office indicated on the notice. Request for hearing by persons who reside more than fifty (50) miles from the Village may be made by mail. Forms for such request shall be made available at the Village police department. At the time of making the request, the owner will be provided a hearing date and time by mail or in person, as the circumstances require.
4. Appointment Of Hearing Officer. The Village shall choose an officer or employee of the Village to serve as a hearing officer. In no case shall that hearing officer be an individual who was involved in the initial decision to remove the junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances. The hearing officer shall have the authority to require the presence of the enforcement officer who initiated the proposed removal or any other Village personnel.
5. Nature Of Hearing. The hearing shall be informal in nature, and the rules of evidence shall not apply. The hearing will not be determinative of, or adjudicate, any citation relative to the presence of any junk, vehicle parts, used JTlachinery, nonfunctional equipment, trash, refuse, or similar items or substances upon any described premises. After receiving all relevant evidence, the hearing officer shall make a written decision (pre-removal hearing decision), based upon a preponderance of the evidence as to whether removal of the junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances is authorized by the laws of the state or the ordinances of the Village, with a specific statutory or ordinance section cited in the decision. The owner shall be provided a copy of the pre-removal hearing decision.
6. Decision To Remove: Rates. If the preponderance of the evidence supports removal and compliance with the provisions of this chapter, the hearing officer shall direct that the junk, vehicle pads, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances, be removed with any removal and storage cost to then be imposed upon the owner thereof. The fees to be charged for removal and storage services shall be no more than the maximum rates set by the Chief of Police pursuant to the provisions of subsection 44-4D5 of this chapter. The owner of said junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances, having had a pre-removal hearing, may avoid the removal by immediately removing the junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances, from the improper location to a proper, lawful location and correcting any unlawful condition of the premises in regard to the presence thereon of junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances, such as to constitute a nuisance or other violation of the ordinances of the Village.
7. Decision Not To Remove. If the preponderance of the evidence fails to support removal of the junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances, the hearing officer shall direct that the junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances shall not be removed. The Village shall furnish a copy of such decision to the owner, who may place it on or about the premises in a location plainly visible from the street, such as a window, wall of a building, or other easily visible place. No junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances, about which such a decision has been rendered, shall be removed by the Village unless the circumstances under which the decision was rendered have changed. If at some subsequent time the Village should wish to remove the junk, vehicle parts, used machinery, nonfunctional equipment, trash, refuse, or similar items or substances from the same location, it shall follow the same procedures required for the removal of any other similarly situated items.
8. Documents Retained; Contesting Decisions. Originals or copies of all notices, pre-removal hearing decisions, removal reports, and any associated police reports or documents shall be retained by the Village police department for a period of at least five (5) years after each hearing, or after each removal it no hearing was requested or held. The Village or the owner may contest the decision of the hearing officer in any manner provided by law.
SECTION 44-7: FORMS
The necessary forms required by this chapter are available in the office of the Village Clerk.
SECTION 44-8: Penalty
A. Unless specifically provided elsewhere in this chapter or state statute, any person found to have been in violation of any of the terms and provisions of this ordinance shall be fined in an amount not to exceed seven hundred fifty dollars ($750.00). No imprisonment for failure to pay such fme, penalty or cost shall exceed six (6) months for each offense. Each day that a violation continues shall be deemed to be a separate offense. A penalty for each offense may include a requirement that the offending party perform some reasonable public service work such as, but not limited to, picking up litter in public parks or upon public highways or performing maintenance of public facilities. A violation hereof may be established by a preponderance of the evidence.
B. Acts Consistent With Criminal Laws Of State of Illinois: If, by the terms of an ordinance, an act that would be consistent with the criminal laws of the state is
declared to be a misdemeanor, the penalty therefor shall be for a period of incarceration in a penal institution other than the penitentiary not to exceed six (6) months. The matter shall be prosecuted under the rules of criminal procedure of the state, and the Village shall be required to establish guilt beyond a reasonable doubt.
SECTION 44.9 Severability
If any provision of this Ordinance, or the application of any provision of this Ordinance, is held unconstitutional or otherwise invalid, such occurrence shall not affect other provisions of this Ordinance, or their application, that can be given effect without the unconstitutional or invalid provision or its application. Each unconstitutional or invalid provision, or application of such provision, is severable, unless otherwise provided by this Ordinance.
SECTION 44.10 Effective Date That this Ordinance, shall be in full force and effect ten days from and after its passage and approval, in booklet (pamphlet) form, according to the laws of the State of Illinois.
ADOPTED this 8th day of March, 2005, pursuant to a roll call vote as follows:
AYES: Laurence Baker; Gary Milton; Carol Stephenson; Jack Messamore; Rick Wagoner
NAYES: -0-
ABSENT: Barton Rigsby
ABSTENTION:
APPROVED by me this 8th day of March, 2005.
signature on file
Gary Milton, Mayor,
Village of Colfax, McLean County, Illinois
ATTESTED, Filed in my office, And published in pamphlet form This 8th day of March, 2005.
signature on file
Nancy Kiper, Clerk of the Village of
Colfax, McLean County, Illinois.
CERTIFICATION OF ORDINANCE
STATE OF ILLINOIS )
)SS
COUNTY OF McLEAN )
I, Nancy Kiper, Village Clerk of the Village of Colfax, McLean County, Illinois, do hereby certify that the foregoing Ordinance constitutes a true and correct copy of said Ordinance, passed, approved, and published on the 8th day of March, 2005.
I do further certify that said Ordinance has been placed in the permanent records of said Village where it now appears and remains in the Book of Minutes.
In Witness whereof, I have hereunto set my hand and seal of the Village of Colfax, McLean County, Illinois, this 8th day of March, 2005.
signature on file
Nancy Kiper, Clerk of the Village of Colfax,
McLean County, Illinois
CERTIFICATION OF ORDINANCE PUBLISHED IN PAMPHET FROM
STATE OF ILLINOIS )
)SS
COUNTY OF McLEAN )
I, Nancy Kiper, certify that I am the duly elected and acting municipal clerk of the Village of Colfax, McLean County, Illinois.
I further certify that on March 8, 2005, the Coiporate Authorities of such municipality passed and approved Ordinance No. 2005-3, entitled "AN ORDINANCE AMENDING THE COLFAX MUNICIPAL CODE BY ADDING CHAPTER 44. VEHICLE TOWING AND JUNK CAR REMOVAL" which provided by its terms that it should be published in pamphlet form.
The pamphlet form of Ordinance No. 2005-3, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building commencing on March 8, 2005, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk.
Dated at Colfax, Illinois, this 8th day of March, 2005.
signature on file
Municipal Clerk, Village of Colfax
Upon motion properly made and seconded, concerning passage and publica tion of the ‘Colfax Municipal Code, " the Board of Trustees voted upon roll call as follows:
Kenneth Wyant: yea Harry Wagoner: yea Myron Gross: yea
Robert Geske: yea JackMessamore: yea Brad Rigsby: yea
YEAS: six NAYS: none
The foregoing ordinance entitled "Colfax Municipal Code, " was passed, approved, and published this fifth day of January, 1976, at 8:00 p.m., in the Village Hall, Colfax, Illinois, by the President and Board of Trustees of the Village of Colfax, McLean County, Illinois.
Darwin K. Gillan, President
Village of Colfax, McLean County, Illinois
ATTEST:
Robert L. Gillan, Clerk
Village of Colfax, McLean County, Illinois (SEAL)
CERTIFICATE
I hereby certify that the foregoing is a true and accurate copy of an ordinance entitled the "Colfax Municipal Code" of the Village of Colfax, McLean County, Illinois, passed and approved in the Village Hall, Colfax, Illinois by the President and Board of Trustees of the Village of Colfax at 8:00 p.m. on the fifth day of January, 1976, and published in book form by authority of the President and Board of Trustees on the same time and date and at the same place.
Robert L. Gillan, Clerk
Village of Colfax, McLean County, Illinois
(SEAL)
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