It shall be unlawful for any person to permit or maintain on any premises, leased, owned, or of which he may be in possession, any wrecked, junked, abandoned, or disabled motor vehicles, including parts and pieces thereof, and motor vehicles, tires or other equipment relating to motor vehicles, to be stored or accumulated except in such yards or areas where the same is properly zoned for such activity. Any motor vehicle remaining on private property in violation hereof is hereby declared to be a nuisance and the Chief of Police is hereby authorized to abate said nuisance by causing the same to be towed as set forth in Article 20 of this chapter or by court action.
All inoperable vehicles, whether on public or private property and in view of the general public, are hereby declared a nuisance and may be abated by the City.
(A) 
Definition. As used in this article, the following terms shall have the meanings indicated:
INOPERABLE MOTOR VEHICLE
Any motor vehicle or part of motor vehicle from which, for a period of at least seven days, the engine, wheels, or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power.
(B) 
Notice of violation.
(1) 
A notice of said violations shall be posted on the vehicle or part thereof reasonably visible and substantially in the following form:
COLOR: RED, LETTERS BLACK
NOTICE TO REMOVE
TO WHOM IT MAY CONCERN: __________
(Owner or person in control, if known)
DESCRIPTION OF VEHICLE OR PART: __________
This vehicle or part thereof has been declared a nuisance under CITY OF HOMETOWN, ILLINOIS, MUNICIPAL CODE § 14.201 as an inoperable vehicle and unless said nuisance is abated by removal within seven days, said vehicle or part will be towed by the City to an auto pound. Tow and storage charges and a fine for failure to obey said notice are to be paid by the person in control of said motor vehicle or part thereof. If your vehicle is towed, you are entitled to a post-tow hearing. You may demand said hearing by contacting the Hometown Police Department located at 4331 Southwest Highway, Hometown, Illinois.
CITY OF HOMETOWN POLICE DEPARTMENT
Date:
BY:
Officer
(2) 
The posting of the notice on the vehicle or part thereof shall be sufficient notice.
(C) 
Towing. Unless said vehicle is removed seven days after posting of the notice, not counting the day of posting, the vehicle or part thereof shall be towed at the expense of the person responsible for said nuisance, to the pound designated by the City.
(D) 
Agency. The Police Department of the City is the law enforcement agency authorized to enforce this section.
(E) 
Hearing. The person in control, owner, bailee or occupant of land from which a vehicle has been towed shall be entitled to a post-tow hearing. The hearing officer shall be the Chief of Police or Mayor. The hearing shall be held as soon as is practicable after the tow, with the hearing officer determining the justification for the tow. If the hearing officer determines that the tow was justified, costs, including towing and storage fees, will be assessed against the party. If the hearing officer determines that the tow was not justified, the party's vehicle shall be returned to him without the imposition of any towing-related costs.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 30, General Provisions, Art. 2).
(F) 
Inapplicability. This section shall not apply to:
(1) 
Any motor vehicle that is kept in a building when not in use;
(2) 
Operable historic motor vehicles (antiques) over 25 years of age;
(3) 
A vehicle temporarily inoperable of being driven under its own power in order to perform ordinary service or repair operations. A vehicle on private or public property for more than seven days without being repaired and becoming operable shall be deemed an inoperable vehicle.
(G) 
Violation. It shall be unlawful for any person having a motor vehicle, or part thereof under his/her control to fail to obey the notice to remove. The registered owner of the motor vehicle (or part from said vehicle) shall constitute in evidence a prima facie presumption that the registered owner was the person in control.