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VILLAGE OF COLFAX, ILLINOIS

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Back To Board Minutes Listing Chapter 12 | Tuesday, September 22, 2015

CHAPTER 12 NUISANCES 12. 01 PUBLIC NUISANCES PROHIBITED. No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the village or within the police jurisdiction of the village. 12. 02 PUBLIC NUISANCES DEFINED. (a) General. A public nuisance is a thing, act, occupation, condition or use of property which shall continue for such length of time as to: 1. Substantially annoy, injure or endanger the comfort, health, repose or safety of the public; or 2. In any way render the public insecure in life or in the use of property; or 3. Greatly offend the public morals or decency; or 4. Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way. (b) Public Nuisances Affecting Health. The following acts, omissions, places, conditions and things are hereby specifically declared to be public health nuisances, but shall not be construed to exclude other health nui sances coming within the definition of subsection (a) of this section: 1. All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public; 2. Carcasses of animals, birds or fowl not buried or otherwise disposed of in a sanitary manner within 24 hours after death; 3. Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, abandoned vehicles or machinery, scrap metal or any material in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed or which create a fire hazard; 4. All stagnant water in which mosquitoes, flies or othe insects can multiply; 5. Garbage cans which are not fly-tight; 6. The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash or industrial dust within the village limits in such quantities as to endanger the health of persons of ordinary sensibilities; or any act in violation of the Illinois Environmental Protection Act. (Ch. 11! 1/2, sec. 1001 et seq.) 7. The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, creamery or industrial wastes or other substances; or any act in violation of the Environmental Protection Act. 8. Any use of property, substances or things within the village emitting or causing any foul, offensive, noisome, nauseous, noxious, or disagreeable odors, effluvia or stenches extremely repulsive to the physical senses of ordinary persons which annoy, discomfort, injure or inconveni ence the health of any appreciable number of persons within the village; 9. All abandoned wells not securely covered or secured from public use; 10. Any barn, stable or shed used for keeping animals; 11. Any obstruction in or across any watercourse, drainage ditch or ravine; 12. The deposit of garbage, rubbish, or any offensive substance on any street, sidewalk or public place, or on any private property, except as may be permitted by ordinance; 13. Any noxious weeds on private property, as defined by Chapter 18 of the Illinois Revised Statutes. (c) Public Nuisances Offending Morals and Decency The following acts, omissions, places, conditions and things are hereby specifically de clared to be public nuisances offending public morals and decency, but such enumeration shall not be construed to exclude other nuisances offending pub lic morals and decency coming within the definition of subsection (a) of this section: 1. All disorderly houses, bawdy houses, house of ill fame, gambling houses and buildings or structures kept or resorted to for the purpose of prostitution, promiscuous sexual intercourse or gambling, except the state authorized lottery: 2. All gambling devices and slot machines; 3. All places where intoxicating liquor or fermented malt beverages are sold, possessed, stored, brewed, bottled, manufactured or recti fied without a permit or license as provided for by this code; 4. Any place or premises within the village where ordinances or state laws relating to public health, safety, peace, morals or welfare are openly, continuously, repeatedly and intentionally violated. (d) Public Nuisances Affecting Peace and Safety. The following acts, omissions, places, conditions and things are hereby declared to be public nuisances affecting peace and safety, but such enumeration shall not be con strued to exclude other nuisances affecting public peace or safety coming within the provisions of subsection (a) of this section: 1. All buildings erected, repaired or altered in violation of the provisions of the ordinances of the village relating to materials and manner of construction of buildings and structures; 2. All unauthorized signs, signals, markings or devices which purport to be or may be mistaken as official traffic control devices placed or maintained upon or in view of any public highway or railway crossing; 3. All trees, hedges, billboards or other obstructions which pre vent persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedes trian crosswalk; 4. All limbs of trees which project over a public sidewalk less than 8 feet above the surface thereof or less than 10 feet above the surface of a public street; S. All use or display of fireworks except as provided by the laws of the State of Illinois and ordinances of the village; 6. All buildings or structures so old, dilapidated or out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human use; 7. All wires over streets, alleys or public grounds which are strung less than 15 feet above the surface of the street or ground; 8. All loud and discordant noises or vibrations of any kind; 9. All obstructions of streets, alleys, sidewalks or crosswalks and all excavations in or under the same, except as permitted by the ordi nances of the village or which, although made in accordance with such or dinances, are kept or maintained for an unreasonable length of tir after the purpose thereof has been accomplished; 10. All open and unguarded pits, wells, excavations or unused basements freely accessible from any public street, alley or sidewalk; 11. All abandoned refrigerators or iceboxes from which the doors and other covers have not been removed or which are not equipped with a device for opening from the inside by pushing only with the strength of a small child; 12. Any unauthorized or unlawful use of property abutting on a public street, alley or sidewalk or of a public street alley or sidewalk which causes large crowds of people to gather, obstructing traffic and free use of the streets or sidewalks; 13. Any advertisements or signs affixed to any building, wall, fence, sidewalk, street or other private or public property without permis sion of the owner thereof; 14. Any sign, marquee or awning which is in an unsafe condition, or which overhangs any roadway, or which overhangs any sidewalk less than 8 feet above the sidewalk surface; 15. Any structure, material or condition which constitutes a fire hazard or will impair the extinguishing of any fire; 16. Any nuisance so defined by the Illinois Revised Statutes. 12. 03 ABATEMENT OF PUBLIC NUISANCES. (a) Inspection of Prem ises Whenever complaint is made to the Village President that a public nuisance exists, or has existed, within the village, he shall promptly notify the Chief of Police, or some other village official whom the President shall designate, who shall forthwith inspect or cause to be inspected the premises and shall make a written report of his findings to the President. Whenever practicable, the inspecting officer shall cause photographs to be made of the premises and shall file the same in the office of the Village Clerk. (b) Summary Abatement 1. Notice to Owner. If the inspecting officer shall determine that a public nuisance exists on private property and that there is great and immediate danger to the public health, safety, peace, morals or decency, the Village President may direct the Chief of Police, or a deputy sheriff, to serve a notice on the owner, or, if the owner cannot be found, on the occupant or person causing, permitting or maintaining such nuisance and to post a copy of the notice on the premises. Such notice shall direct the owner, occupant or person causing, permitting or maintaining such nuisance to abate or remove such nuisance within 24 hours at shall state that unless such nuisance is so abated, the village will cause the Same to be abated and will charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the same, as the case may be. 2. Abatement by Village. If the nuisance is not abated within the time provided, or if the owner, occupant or person causing the nuisance cannot be found, the Superintendent of Public Works, or some other village official whom the President shall designate, shall cause the abatement or removal of such public nuisance. (c) Abatement by Court Action. If the inspecting officer shall deter mine that a public nuisance exists on private premises but that the nature of such nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals or decency, he shall file a written report of his findings with the President, who shall cause an action to abate such nuisance to be commenced in the name of the village. 12. 04 COST OF ABATEMENT. In addition to any other penalty imposed by this chapter for the erection, contrivance, creation, continuance or maintenance of a public nuisance, the cost of abating a public nuisance by the village shall be collected as a debt from the owner, occupant or per son causing, permitting or maintaining the nuisance, and if notice to abate the nuisance has been given to the owner, such cost shall be assessed against the real estate as other special taxes. 12. 05 DUTCH ELM DISEASE. (a) Inspection. The officers, agents, and employees of the village may enter upon private property whereon there is located any elm tree having the appearance of or suspected of being dis eased with the Dutch Elm disease, for the purpose of inspecting the sus pected t and removing therefrom samples or portions thereof to be tested to establish whether the tree is in fact diseased. (b) Nuisance. If it is determined by the village that the tree from which samples have been taken is in fact diseased or infected with the Dutch Elm disease, the tree shall be deemed a nuisance. (c) Destruction of Affected Trees The owner, occupant, or agent of the parcel of land on which the diseased elm tree exists, shall remove and destroy the elm tree within 10 days after notification to such owner, occupant, or agent, by the village that the elm tree situated on said parcel of land is in fact diseased and infected. (d) Abatement by Village In case the owner, occupant or agent of the parcel of land on which a diseased elm tree is located cannot be found, or if found and notified as aforesaid, neglects or refuses to abate the nuisance, the village may abate the same by the removal and destruction of the dis eased elm tree, and the owner, occupant and agent or any of.them, shall be charged with those expenses which may be incurred by the village in the removal of the diseased elm tree, which expense shall be collected by the village by suit, or othersie. In addition the owner, occupant or agent shall be subject to the fine or penalty provided in this section. (e) Lien for Removal Costs. The cost of removal and destruction of a diseased elm tree is a lien upon the real estate affected, superior to all other liens and encumbrances, except tax liens, provided that notice has been given as hereinafter described, and further provided that within 60 days after such cost and expense is incurred the village, or person performing the service by authority of the village, in his own name, files notice of lien in the office of the Recorder of Deeds of McLean County. The notice shall consist of a sworn statement setting out (1) a description of the real estate sufficient for identification thereof (2) the amount of money representing the cost and expense incurred or payable for the service, and (3) the date or dates when such cost and expense was incurred by the village. Upon pay ment of the cost and expense by the owner of or persons interested in such property, 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 may be filed of record as in the case of filing notice of lien. The cost of such tree removal shall not be a lien upon the real estate affected unless a notice shall be personally served or sent by registered mail to the person to whom was sent the tax bill for the general taxes for the last preceding year on the property, such notice to be delivered or sent not less than 30 days prior to the removal of the tree or trees located thereon. The notice shall contain the substance of this section and identify the property, by common description, and the tree or trees affected. (1) Penalty. Any person who shall violate any of the provisions of this section or who shall neglect or refuse to remove and destroy a diseased elm tree growing on any parcel of land of which such person is owner, agent, occupant, or person in possession, when ordered so to do, or who shall in terfere with the removal and destruction of such diseased elm tree, shall be subject to the penalty provided for violation of this code. 12.06 WEEDS. (a) Definition "Weeds' as used in this section shall include the following: burdock, ragweed (giant), ragweed (common), thistle, cockleburr, jimson, blue vervain, common milk weed, wild carrot, poison ivy, mild mustard, rough pigweed, lambsquarter, wild lettuce, curled dock, smart weeds (all varieties), poison hemlock and wild hemp, and all other weeds of a like kind. (b) Owner Required to Cut Weeds Every owner of real estate within the village shall cut weeds on his property at all such times as may be necessary so that such weeds shall not exceed 8 inches in height. If the owner neglects or refuses to so cut the weeds, the Village Marshal shall cause the weeds to be cut on behalf of the village. (c) Cost of Weed Cutting to be Recorded; Notice of Lien. If the Village Marshal causes the weeds to be cut, a notice of lien of the cast and expenses thereof incurred by the village shall be recorded in the following manner pro vided in the Illinois Municipal Code, sec. 11-20-7, as amended from time to time. The village or the person performing the service by authority of the village, in its or his own name, may file notice of lien in the office of the Recorder of Deeds of McLean County. The notice of lien shall consist of a sworn statement setting out: (1) a description of the real estate sufficient for identification thereof, (2) the amount of money representing the cost and expense incurred or payable for the service, and (3) the date or dates when the cost and expense was incurred by the village, and shall be filed within 60 days after the cost and expense is incurred. Notice of such lien shall be mailed to the owner of the real estate, provided that failure to file the notice or to mail the notice, or failure of the owner to receive the notice, shail not affect the right to foreclose the lien as provided in subsection Ce) below. (d) Payment of Cost of Weed Cutting; Release of Lien 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. (e) Foreclosure of Lien Real estate subject to a lien for unpaid cutting costs and expenses may be sold for nonpayment of the same (subject to the statutory rights of bona fide purchasers or prior lienors) and the proceeds of such sale shall be applied to pay such costs and expenses, after deducting court costs and legal fees, as in the case of the foreclosure of statutory liens. The Village Attorney is directed to institute such foreclosure pro ceedings, which shall be in equity and in the name of the village, in any court of proper jurisdiction, against any real estate for which the cutting costs and expenses have remained unpaid for 60 days after being incurred. (f) Notwithstanding any prior provisions contained in Section 12. 06 (a) through (e), the minimum charge for the cutting of weeds by the Village of Colfax on any premises within the village, when the owner or owners of such premises have refused or neglected to cut such weeds as required pursuant to Section 12. 06 (b), shall be $50 for the first hour or fractional part of an hour of such weed cutting and $15 for each additional hour or fractional part of an hour thereafter. ( (f) added 8/15/85) 12. 07 GARBAGE AND REFUSE. (a) The owner, occupant or lessee of any premises in the village shall remove from his premises or otherwise dispose of all garbage, ashes, rubbish and refuse, and shall keep the prem ises free and clear of any accumulation of any such refuse. (b) Pending disposal of garbage from any premises, the garbage shall be deposited in watertight containers with close fitting covers. Pending disposal from any premises, cans, bottles, metalware and similar inorganic household rubbish shall be deposited in rigid containers. All garbage and refuse shall be so stored as not to invite insects or rodents or be unsightly or a nuisance. (c) No person shall deposit any garbage, rubbish or refuse on any street or public place, or on any public or private property not his own ex cept at any dump site which may be authorized by the Board of Trustees. (d) No person shall bury any garbage within the village. (e) No person shall deposit at the village dump site any nonburnable garbage, rubbish or refuse, including but not limited to: (1) refrigerators, (2) stoves, (3) hot water heaters, (4) water softeners, (5) washers, (6) dryers, (7) dishwashers, (8) kitchen appliances, (9) bathroom fixtures, (10) vehicles or vehicle parts, (11) chemical cans, and (12) scrap metal. (f) Penalty. Any person who shall violate any of the provisions of this section shall be subject to the penalty provided for violation of this code. ((e) and(f) added 10/3/83) 12. 071 GARBAGE PICKUP FEES. (a) For each residence, apartment unit, or mobile home unit located within the corporate limits of the Village of Colfax - - $2 per month for one garbage pickup per week. (b) For each business located within a district which is zoned either industrial or business within the corporate limits of the Village of Colfax - $5 per month for one garbage pickup per week and $5 per month for each additional pickup per week; and (c) For each residence, apartment unit, or mobile home unit located outside the Village of Colfax and served by the Village of Colfax as a water customer - $4 per month for one garbage pickup per week. (added 1/5/87) 12. 08 ABANDONED AND INOPERABLE VEHICLES. (a) Definitions Terms used in this section mean as follows: Highway: Any street, alley, or public way within the village. Abandoned vehicle: Any motor vehicle or other vehicle in a state of disrepair rendering the vehicle incapable of being driven in its condition or any motor vehicle or other vehicle that has not been moved or used for 7 consecutive days or more and is apparently deserted. ������������������������������������������������������������������������������������������������������������������������������������������������������������� ORDINANCE NO. 2003-10 AN ORDINANCE RESCINDING AND REPLACING SECTION 12.071 OF CHAPTER 12 OF THE MUNICIPAL CODE OF THE VILLAGE OF COLFAX MCLEAN COUNTY ILLINOIS PASSED: September 2 APPROVED: September 2, 2003 EFFECTIVE�DATE: September 2, 2003 PUBLISHED�IN PAMPHLET�FORM: September 2,2003 � � ORDINANCE NO. 2003-10 AN ORDINANCE RESCINDING AND REPLACING SECTION 12.071 ( PICKUP FEES') OF CHAPTER 12 OF THE MUNICIPAL CODE OF THE VILLAGE OF COLFAX. McLEAN COUNTY ILLINOIS WHEREAS, the President and the Board of Trustees of the Village of Colfax have reviewed Section 12.071, GARBAGE PICKUP FEES, of Chapter 12 of the Municipal Code of the Village of Colfax, McLean County, Illinois which established garbage pickup fees for residences and businesses within the Village of Colfax and for residences outside the Village of Colfax which are sewed by the Village of Colfax as a water customer and have determined that the said fess should be increased, that sub-section (b) thereof should be deleted entirely as industrial and business customers are not serviced by the Village's garbage pickup contractor and that said Section 12.07 1 should be, therefore, rescinded and replaced with a revised Section 12.07 1 as follows: "12.07 1 GARBAGE PICKUP FEES. (a) For each residence, apartment unit, or mobile home unit located within the corporate limits of the Village of Colfax, the fees shall be $6.00 per month for one garbage pickup per week and $6.00 per month for each additional pickup per week; and (b) For each residence, apartment unit, or mobile home unit located outside the corporate limits of the Village of Colfax, the fee shall be $8.50 per month for one garbage pickup per week based upon the fact that the current charge for such garbage service is $8.50 per month; upon an increase in the monthly garbage fee charged by the contractor serving the Village of Colfax, the monthly fee for each residence, apartment unit, or mobile home unit located outside the corporate limits of the Village of Colfhx shall be automatically increased to a monthly fee approximately equal to the actual amount charged by the said contractor per each such unit" BE IT ORDAINED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF Colfax, ILLINOIS: SECTION 1. That Section 12.071 of Chapter 12 of the Municipal Code of the Village of Colfax, McLean County, Illinois be rescinded in its entirety and that a new Section 12.071 be added to Chapter 12 of the Municipal Code of the Village of Colfax, McLean County, Illinois, which states as follows "12.07 1 GARBAGE PICKUP FEES. (a) For each residence, apartment unit, or mobile home unit located within the corporate limits of the Village of Colthx, the fees shall be $6.00 per month for one garbage pickup per week and $6.00 per month for each additional pickup per week; and (b) For each residence, apartment unit, or mobile home unit located outside the corporate limits of the Village of Colfax, the fee shall be $8.50 per month for one garbage pickup per week based upon the fact that the current charge for such garbage service is $8.50 per month; upon an increase in the monthly garbage fee charged by the contractor serving the Village of Colfax, the monthly fee for each residence, apartment unit, or mobile home unit located outside the corporate limits of the Village of Colfax shall be automatically increased to a monthly fee approximately equal to the actual amount charged by the said contractor per each such unit." SECTION 2. That this Ordinance, due to urgency, shall be in full force and effect from and after its passage and approval, in booklet (pamphlet) form, according to the laws of the State of Illinois AYES: Gary Milton; Lawerence Baker; Barton Rigsby; Carol Stephenson; Jack Messamore; Rick Wagoner NAYS: -0- ABSENT: -0- APPROVED: signature on file President, Board of Trustees Village of Colfax, Illinois ATTEST: signature on file Village Clerk PASSED by the President and the Board of Trustees of the ViLLAGE OF COLFAX, Illinois, this 2nd day of September, 2003. APPROVED by the President of the Board of Trustees of the VILLAGE OF COLFAX, Illinois, this 2nd day of September, 2003. � � CERTIFICATION OF ORDNANCE PUBLISHED IN PAMPHLET�FORM 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 September 2, 2003, the Corporate Authorities of such municipality passed and approved Ordinance No. 2003-10 entitled " ORDINANCE RESCINDING AND REPLACING SECTION 12.071 OF CHAPTER 12 OF THE MUNICIPAL CODE OF THE VILLAGE OF COLFAX. McLEAN COUNTY ILUNOIS" which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2003-10, including the Ordinance and a cover sheet thereof was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on September 2,2003, 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 2nd of September, 2003. signature on file Municipal Clerk,�Village of Colfax � � 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 2nd day of September, 2003. 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 2nd day of September, 2003. signature on file Clerk of the Village of Colfax, McLean County, Illinois ������������������������������������������������������������������������������������������������������������������������������������������������������������� For insertion in Colfax Municipal Code Book as Section 12.072 of Chapter 12. ORDINANCE NO. 002-03 AN ORDINANCE AMENDING CHAPTER 12 OF THE COLFAX MUNICIPAL CODE WHEREAS, it is believed that it is necessary to add to Chapter 12 of the Colfax Municipal Code of the Village of Colfax, McLean County, Illinois, passed, approved, and published January 5, 1976. NOW THEREFORE, be it ordained by the President and Board of Trustees of the Village of Colfax, McLean County, Illinois, as follows: THAT Chapters of the Colfax Municipal Code of the Village of Colfax, McLean County, Illinois, passed, approved, and published January 5, 1976, be amended by adding the following: 12.072 GARBAGE FOR MULTIFAMILY BUILDINGS (a) The owner of any multifamily building having three or more separate units shall be required to maintain a dumpster of suitable size, to be determined by a village official, for use by the occupants of such multifamily building. Any person who violates this provision shall be fined not less than $50.00 nor more than $100.00 for each offense. Every day an offense exists shall constitute a separate offense. THIS ORDNANCE shall take effect ten (10) days after passage and publication under the authority of the Board of Trustees of the Village of Colfax, McLean County, Illinois, as provided by law. PASSED and filed in the office of the Village Clerk the 5th�day of May,�2003. signature on file Village Clerk APPROVED this 5th day of�May, 2003. signature on file President signature on file Village Clerk � � YEAS:�Leo Schleeter; Lawerence Baker; Leroy Rischar; Ron Dowell; Jack Houchens; Rick Wagoner NAYS: -0- ABSTAIN: -0- EFFECTIVE:�May 5,�2003 STATE OF ILLINOIS�� ) ����������������������������� )SS: COUNTY OF MCLEAN� ) I, Village Clerk of the Village of Colfax, McLean County, Illinois, do hereby certify that the foregoing Ordinance amending Chapter 12, in the Colfax Municipal Code, constitute a true and correct copy of said Ordinance was passed and approved on the�5th day of�May,2003. 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. I do further certify that said ordinance will be immediately available for publication in a newspaper of general circulation by authority of the President and ard of Trustees of the Village of Colfax, McLean County, Illinois, this�5th day of May, 2003. In Witness whereof, I have hereunto set my h and seal of the Village of Colfax, McLean County, Illinois, this�5th day of May, 2003. signature on file Clerk of the Village of Colfax, McLean County, Illinois �������������������������������������������������������������������������������������������������������������������������������������������������������������� Nuisances�12.08 Antique vehicle: Any motor vehicle or other vehicle 25 years of age or older. (b) Abandonment. Prohibited The abandonment of a motor vehicle or other vehicle or any part thereof on any highway in this village is unlawful and subject to penalties for violation of this code. The abandonment of a motor vehicle or other vehicle or any part thereof, on private or public property other than a highway, in view of the general public, anywhere in the village, is unlawful, and is deemed to constitute a nuisance. A motor vehicle, or other vehicle, or any part thereof, so abandoned on private property may be authorized for removal by or upon the order of the Village Board, after a waiting period of 7 days or more has expired. The ownerof said vehicle (if ascertainable) shall be given written notice of the proposed removal and applicable penalties, and may within 7 days thereafter ask that the Village Board allow him to present evidence to the Village Board showing that the vehicle or vehicle part is not abandoned or inoperable. The Village Board's determination shall be final. (am. 2/5/90) (c) Notifying Police. When an abandoned, lost, stolen or unclaimed motor vehicle or other vehicle comes into the temporary possession or custody of a person in the village, not the owner of the vehicle, such person shall immediately notify the Police Department when the vehicle is within the corporate limits of the village. Upon receipt of such notification the Chief of Police shall authorize a towing service to remove and take posses sion of the abandoned, lost, stolen or unclaimed motor vehicle or other vehicle. The towing service will safely keep the towed vehicle and its contents, maintain a record of the tow until the vehicle is claimed by the owner, or any other person legally entitled to possession thereof, or until it is disposed of as provided in this section. (d) Removing. Vehicle When a motor vehicle or other vehicle is aban doned on a highway in the village 10 hours or more, its removal by a towing service may be authorized by order of the Chief of Police. When an aban doned, unattended, wrecked, burned or partially dismantled motor vehicle or other vehicle is creating a traffic hazard because of its position in relation to the highway or its physical appearance is causing the impeding of traffic, its immediate removal from the highway by a towing service may be authorized by order of the Chief of Police. When a vehicle removed from either public or private property is authorized by order of the Chief of Police, the owner of the vehicle will be responsible for all towing costs. (e) Record of Tows. When a motor vehicle or other vehicle is authorized to be towed away, the Police Department shall keep and maintain a record of the vehicle towed, listing the color, year of manufacture, manufacturer's trade name, manufacturer's series name, body style, vehicle identification number and license plate year and number displayed on the vehicle. The record shall also include the date and hour of tow, location towed from, location towed to, reason for towing and the name of the officer authorizing the tow. (f) Search for Owner. When the Police Department does not know the identity of the registered owner or other legally entitled person, it will cause the motor vehicle registration records of the State of Illinois to be searched by a directed communication to the Secretary of State for the pur pose of obtaining the required ownership information. The Police Department shall cause the stolen motor vehicle files of the Illinois State Police to be searched by a directed communication to the Illi nois State Police for stolen or wanted information on the vehicle. When the Illinois State Police files are searched with negative results, the informa tion contained in the National Crime Information Center (NCIC} files will be searched by the Illinois State Police. The information determined from these record searches will be used by the Police Department in sending a notification by certified mail to the owner or legally entitled person advising where the vehicle is held, requesting a disposition be made and setting forth public sale information. When the registered owner or other person legally entitled to the posses sion of a motor vehicle or other vehicle cannot be identified from the regis tration files of this state or from the registration files of a foreign state, if applicable, the Police Department shall notify the Illinois State Police for the purpose of identifying the vehicle's owner or other person legally entitled to the possession of the vehicle. The information obtained by the Illinois State Police will be immediately forwarded to the law enforcement agency having custody of the vehicle for notification of owner. (g) Reclaiming Vehicle. Any time before a motor vehicle or other ve hicle is sold at public sale or disposed of as provided herein, the owner or other person legally entitled to its possession may reclaim the vehicle by presenting to the Police Department proof of ownership or proof of the right to possession of the vehicle. No vehicle shall be released to the owner or other person under this section until all towing and storage charges have been paid. (h) Sale of Vehicle. Whenever an abandoned, lost, stolen or unicaimed motor vehicle or other vehicle, 7 years of age or newer, remains unclaimed by the registered owner or other person legally entitled to its possession for a period of 30 days after notice has been given as provided herein, the Police Department shall cause it to be sold at public sale to the highest bidder. No tice of the time and place of the sale shall be posted in a conspicuous place for at least 10 days prior to the sale on the premiSes where the vehicle has been impounded. At least 10 days prior to the sale, the Police Department shall cause a notice of the time and place of the sale to be sent by certified mail to the registered owner or other person known by the Police Depart ment or towing service to be legally entitled to the possession of the vehicle. Such notice shall contain a complete description of the vehicle to be sold and what steps must be taken by any legally entitled person to reclaim the vehicle. In those instances where the certified notification specified herein has been returned by the postal authorities to the Police Department due tQ the addressee having moved, or being unknown at the address obtained from the registration records of this state, the sending of a second certified notice will not be required. (i) Unidentified Owner. When the identity of the registered owner or other person legally entitled to the possession of an abandoned, lost or un claimed vehicle of 7 years of age or newer cannot be determined by any means provided for in this section, the vehicle may be sold as provided here in or disposed of in the manner authorized by this section without notice to the registered owner or other person legally entitled to the possession of the vehicle. When an abandoned vehicle of more than 7 years of age is impounded as specified by this section, it will be kept in custody for a minimum of 10 days for the purpose of determining ownership, the contacting of the regis tered owner by the U. S. mail, public service, or in person for a determina tion of disposition, and an examination of the Illinois State Police stolen motor vehicle files for theft and wanted information. At the expiration of the 10-day period, without the benefit of disposition information being re ceived from the registered owner, the Chief of Police shall authorize the disposal of the vehicle as junk only. A motor vehicle or other vehicle classified as an antique vehicle is excluded from this section. (j) Records. When a motor vehicle or other vehicle in the custody of the Police Department is reclaimed by the registered owner or other legally entitled person, or when the vehicle is sold at public sale or otherwise dis posed of as provided in this section, a record of the transaction will be maintained by the Police Department for a period of one year from the date of the sale or disposaL (k) Disposition of Proceeds. When a vehicle located within the village is authorized to be towed away by the Chief of Police and disposed of as set forth in this section, the proceeds of the public sale or disposition after the deduction of towing, storage and processing charges shall be deposited in the village treasury. (1) Liability. Any police officer, towing service owner, operator, or employee shall not be held to answer or be liable for damages in any action brought by the registered owner, former registered owner, or his legal representative, or any other person legally entitled to the possession of a motor vehicle or other vehicle when the vehicle was processed and sold or disposed of as provided by this section. 12. 085 UNREGISTERED VEHICLES. (a) Definition of Unregistered Motor Vehicle. An unregistered motor vehicle is any motor vehicle which does not have registration plates, registration sticker and/or drive-away decal permits properly displayed as required by Section 3-413 of the Illinois Motor Vehicle Code, Chapter 95 1/2 of the 1983 Illinois Revised Statutes. (b) Motor Vehicles. Motor vehicles shall be subject to the following requirements: 1. Motor Vehicles in Residential Areas. No more than one currently unregistered motor vehicle shall be permitted to be parked on any property which is zoned "residential" and at no time shall said vehicle be in any state of major disassembly nor shall it be in the process of being stripped or dismantled. 2. Motor Vehicles in Non-Residential Areas. No more than two currently unregistered vehicles shall be permitted to be parked on any property zoned "business" or "industrial" and at no time shall said vehicle or vehicles be in any state of major disassembly nor shall any such vehicle or vehicles be in the process of being stripped or dismantled. (c) Public Nuisance The parking of more than the permitted number of vehicles as set forth in paragraphs (b) 1 and (b) 2 above is herely declared to be a public nuisance affecting peace and safety and is unlawful and subject to penalties for violation thereof as set forth in paragraph (d) hereinafter. (d) Penalty. Any person, firm or corporation who shall violate any pro vision of this section shall, upon conviction thereof, be subject to a fine of not less than $25 nor more than $200 at the discretion of the court. Each day that a violation continues, after due notice has been served in accordance with the terms and the provisions hereof, shall be deemed to be a separate offense. (e) Notice. Whenever the Chief of Police determines that there has been a violation of this section or has reasonable grounds to believe a violation has occurred, he shall give notice to the owner or occupant therefor in the manner prescribed below: 1. Form of Notice. Such notice shall be in writing and shall include the following information: (1) A description of the real estate sufficient for identification whereon the alleged violation has occurred. (ii) Shall direct the owner or occupant causing, permitting or maintaining such nuisance in violation of this section to remove any vehicle in violation hereof from the said premises within 24 hours. (iii) Shall notify the owner or occupant of the penalties for violation of this section. 2. Service of Notice. Such written notice shall be served upon the owner of the premises and upon the occupant thereof (if the occupant is not the owner of said premises) by registered mail or by personal service. (f) Inspection. In order to safeguard the safety, health and welfare of the public, the Chief of Police is authorized to enter on any premises at any reasonable time for the purpose of making inspection and performing duties under this section. (9/4/84) 12.087 INOPERABLE MOTOR VEHICLES. (a) Definition of Inoperable Motor Vehicle As used in this section, "inoperable motor vehicle" means any motor vehicle from which, for a period of at least 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. (b) Public Nuisance. All inoperable motor vehicles, whether on public or private property and in view of the general public, are hereby declared to be a public nuisance and are unlawful. (c) Removal of Inoperable Motor Vehicle. The Chief of Police of the Village of Colfax is hereby authorized to remove, after 7 days from the issuance of the notice of violation of this section (notice to remove in operable motor vehicle), any inoperable motor vehicle or parts thereof which has not been removed by the person in control of such inoperable motor vehicle; however, nothing in this section shall apply to any motor vehicle that is kept within a building when not in use, to operable historic vehicles over 25 years of age, or to a motor vehicle on the premises of a place of business engaged in the wrecking or junking of motor vehicles. (d) Penalty. Any person who shall fail to obey a notice received from the Village of Colfax which states that such person is to dispose of any in operable motor vehicle under his control shall, upon conviction thereof, be subject to a fine of not less than $50 nor more than $200 at the discretion of the court. Each day that a violation continues, afterthe notice has been served in accordance with the terms and the provisions hereof, shall be deemed to be a separate offense. (e) Notice to Dispose. The Chief of Police shall give a notice to dispose of inoperable motor vehicle to the person who is in control of an inoperable motor vehicle in the manner prescribed below: 1. Form of Notice to Dispose. Such notice shall be in writing and shall include the following information: (i) A description of the inoperable motor vehicle sufficient for identification of said vehicle. (ii) A description of the private premises or public area where the inoperable motor vehicle is located. The private premises may be described by common address or legal description. (iii) Said notice shall direct the person in control of the in operable motor vehicle to dispose of the inoperable motor vehicle within 7 days of the issuance of the notice. (iv) Said notice shall notify the person that if he fails to remove the inoperable motor vehicle under his control within 7 days of th'e issuance of the notice to dispose that the Chief of Police of the Village of Colfax shall remove the inoperable vehicle or parts thereof. (v) Said notice shall notify the person who is issued the notice to dispose of inoperable motor vehicle of the penalties for the failure of such person to obey said notice. 2. Service of Notice. Such written notice to dispose of inoperable motor vehicle shall be served upon the person in control of the inoperable vehicle by registered mail or by personal service. (1) Inspection. In order to safeguard the safety, health and welfare of the public, the Chief of Police, his designee or any sworn police officer of the Village of Colfax is authorized to enter on any premises at any reason able time for the purpose of making inspection and performing duties under this section. (5/2/88) 12. 09 DANGEROUS BUILDINGS. (a) Definitions. The term "dangerous building" as used in this section means: (a) any building, shed, fence or other man-made structure which is dangerous to the public health because of its conditions, and which may cause or aid in the spread of disease or in jury to the health of occupants of it or neighboring structures; (b) any building, shed, fence or other man-made structure which because of faulty construction, age, lack of proper repair or any other cause! is especially liable to fire and constitutes or creates a fire hazard; (c) any building, shed, fence or other man-made structure which by reason of faulty construction, age or lack of proper repair or any other cause is liable to cause injury or damage by collapsing or by collapse or fall of any part of such structure; or (d) any building, shed, fence or other man-made structure which, because of its condition or because of lack of doors or windows is available to or frequented by malefactors or disorderly persons who are not lawful occupants of such structure. (b) Nuisance. Any dangerous building in the village is declared to be a nuisance. (c) Prohibited. It shall be unlawful to maintain or permit the existence of any dangerous building in the village and it shall be unlawful for the owner, occupant, or person in custody of any dangerous building to permit the same to remain in a dangerous condition, or to occupy such building or permit it to be occupied while it is or remains in a dangerous condition. (d) Abatement. Whenever the Chief of Police or Health Officer shall be of the opinion that any building or structure in the Village is a dangerous building, he shall file a written statement to this effect to the Clerk. The Clerk shall thereupon cause written notice to be served upon the owner thereof and upon the occupant thereof, if any, by registered mail or by personal service. Such notice shall state that the building has been declared to be in a dangerous condition and that such dangerous condition must be removed or remedied by repairs or altering the building or by de molishing it; and that the condition must be remedied at once. 12.10 UNFIT DWELLINGS. (a) Designation. The designation of dwell ings or dwelling units as unfit for human habitation and the procedure for the condemnation, placarding and demolition of such unfit dwellings or dwelling units shall be carried out in compliance with the following requirements: Any dwelling or dwelling unit which shall be found by the Board of Trustees to have any of the following defects shall be condemned as unfit for hu man habitation and shall be so designated and placarded by the village: 1. One which is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested that it creates a serious hazard to the health or safety of the occupants or of the public. 2. One which lacks illumination, ventilation or sanitation facilities adequate to protect the health or safety of the occupants or of the public or where such facilities or protection are not in working condition. 3. One which because of its general condition or location is unsanitary, unsafe or otherwise hazardous to the health or safety of the occupants or of the public. (b) Vacating. Any dwelling or dwelling unit condemned as unfit for human habitation and so designated and placarded by the village shall be vacated within a reasonable time, not to exceed 60 days, as ordered by the Village President. (c) Reuse. No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from, and the placard is removed by, the Village President. The President shall remove such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. (d) Removing Placard. No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit br human habitation and placarded as such except as provided in subsection (c). (e) Hearings. Any person affected by any notice or order relating to the condemnation and placarding of a dwelling or dwelling unit as unfit for human habitation may request and shall be granted a hearing before the Board of Trustees on the matter within 10 days after the date of such order and placarding. (f) Court Orders. Where a dwelling or dwelling unit is condemned and placarded as unfit for human habitation and is not vacated within the time specified in such vacation order the Village President shall seek a court order in a court of competent jurisdiction for the vacation of such dwelling or dwelling unit. (g) Demolition. A dwelling which is subject to condemnation and placard ing as unfit for human habitation may be ordered demolished by the Village President if it is determined by the Inspector that such defects upon which the condemnation order is based cannot be economically remedied. Demolition according to requirements listed below may be required of the owner within a reasonable period of time, said period of time to be not less than 30 days after notice is served on said owner. Such demolition shall have the effect of fulfilling the requirements of removing defects if the dwelling structure is razed to ground level and any subsurface area is filled with solid materials to ground level. (h) Demolition by Village. A dwelling which has been condemned as un fit for human habitation and ordered demolished and which has not been de molished by the owner within the time specified in such demolition order, may be demolished at the expense of the owner according to the following procedure: 1. In accordance with the provisions of the Illinois Revised Statutes, the corporate authorities shall apply to the Circuit Court of McLean County for an order authorizing the demolition of the dwelling or building as unfit for human habitation, after at least 30 days written notice has been served on the owner and the owner has failed to comply with said notice. Service of all no tices shall be made on the owner or owners if possible, but where after dili gent search the identity or whereabouts of the owner or owners of such build ings shall not be ascertainable, notice mailed to the person or persons in whose name such real estate was last assessed shall constitute notice under this section. 2. After order of demolition is entered in the Circuit Court of said McLean County, the corporate authorities shall then proceed to demolish said building or dwelling as follows: A. At least two bids shall be secured upon the cost of demoli tion of the said building or dwelling and a contract shall be awarded to the lowest bidder. B. The payment of said contract shall be from the general fund of the village. C. The cost of demolition of the building shall be recoverable front the owner or owners of such real estate, and shall be a lien thereon, which lien shall be subordinate to all prior liens and encumbrances, provided that within 60 days after said cost and expense is incurred, the village or person performing the service by authority of the village, shall file notice of the lien in the office of the Recorder of Deeds of McLean County, said notice to consist of a sworn statement setting out: (1) a description of the real estate sufficient for identification thereof; (2) the amount of money, cost or ex pense payable for the demolition; (3) date or dates when said cost or expense was incurred by the village. D. Upon the payment of the cost or expense by the owner or owners interested in said property 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. The lien may be enforced by proceedings to foreclose as in the case of mortgages or mechanic's liens. Suit to foreclose the lien shall be made within three years after date of filing of notice of the lien.



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