[HISTORY: Adopted by the Mayor and City Council of the City of Maroa as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 25, Art. V, of the 2001 Code; amended 7-22-2002 by Ord. No. 07/22/2002-3; 2-27-2006 by Ord. No. 02/27/2006-3]
The City of Maroa finds that abandoned, inoperable and derelict vehicles constitute a safety hazard and a public nuisance; are detrimental to the health, safety and welfare of the general public by harboring disease, providing breeding places for vermin, inviting plundering, creating fire hazards and presenting physical dangers to children and others; and produce scenic blights which degrade the environment and adversely affect land values and the proper maintenance and continuing development of the City of Maroa.
As used in this article, the following terms shall have the meanings indicated:
ABANDONED VEHICLE
Any vehicle in a state of disrepair rendering the vehicle incapable of being driven in its condition or any vehicle that has not been moved or used for seven consecutive days or more and is apparently deserted.
DERELICT VEHICLE
Any inoperable, unregistered, discarded motor vehicle, regardless of title, having lost its character as a substantial property and left unattended without justification on the owner's land contrary to the public policy expressed in § 255-1 of this article.
HIGHWAY
The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
HISTORIC VEHICLE
Any operable vehicle over 25 years of age.
INOPERABLE MOTOR VEHICLE
Any motor vehicle from which, for a period of at least seven days or any greater period fixed by ordinance, 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 or in such a condition that the vehicle is incapable of being driven under its own motor power.
OWNER
An owner, registered owner, lessee, lienholder or any person substantially in control of the vehicle.
VEHICLE
Every device, in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks.
It shall be unlawful and is hereby declared a nuisance under this article for an owner of an abandoned, inoperable or derelict vehicle:
A. 
To cause, permit, aid or abet bringing such a vehicle into the City;
B. 
To cause, permit, aid or abet such a vehicle to be or remain in the City;
C. 
To cause, permit, aid or abet the relocation within the City of such a vehicle which is the subject of a notice to abate;
D. 
To cause, permit, aid or abet the return to the City of such a vehicle which is the subject of a notice to abate.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Except at otherwise provided herein, a violation of this article shall carry with it a fine of between $50 and $750. As a further remedy, the City is hereby authorized to request from a court of competent jurisdiction any equitable or injunctive relief which will abate any nuisance under this article and to recover from the owner all costs and attorney fees associated with abating the nuisance or to take any other action allowed under the Code of the City of Maroa.
Any City law enforcement official shall have the power to authorize the removal of vehicles by towing under the following circumstances:
A. 
When an abandoned, inoperable, derelict, unattended, wrecked, burned or partially dismantled vehicle is:
(1) 
Creating a traffic hazard because of its position in relation to the highway; or
(2) 
By its physical appearance causing the impeding of traffic.
B. 
Its immediate removal from the highway or private property adjacent to the highway by a towing service may be authorized by a law enforcement official without notice. If, in the discretion of the law enforcement official, the hazard poses an immediate threat of death, bodily injury or property damage, the vehicle may be immediately removed by any means.
A. 
With notice, any City law enforcement officials will have the power to authorize the removal of vehicles by towing under the following circumstances:
(1) 
Any abandoned, derelict or inoperable motor vehicles and/or parts, whether on public or private property and in view of the general public.
(2) 
When a vehicle is abandoned on a highway within the City for a period of 10 hours or more.
(3) 
When a vehicle is abandoned on private property and a complaint is registered by the property owner.
B. 
Any vehicle specified in Subsection A(1), (2) or (3) may be towed and/or removed if the following conditions are met:
(1) 
A notice is sent to the owner and/or person in control of the inoperable motor vehicle and/or parts informing them that they must dispose of the vehicle and/or parts within seven days from the issuance of the notice.
(2) 
The notice shall be sent by certified mail and shall contain an opportunity for a hearing prior to the removal.
C. 
This section shall not apply to any motor vehicle that is kept within a building when not in use, to operable historic vehicles or to a motor vehicle on the premises or place engaged in the wrecking or junking of motor vehicles.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Upon application, on a form prescribed by the City and payment of the fee as set from time to time by the City Council, a property owner may request a license to maintain a single inoperable vehicle on their property for a period of three months. The vehicle must be owned by the property owner or other person living in the property owner's household. Licenses shall not be granted to keep vehicles on vacant lots. After the original license is granted, renewal for an additional three-month period may be requested by the property owner. During the license period, the property owner shall demonstrate a good faith effort to return the vehicle to an operable condition and meet all other conditions for a vehicle to be operated on highways within the City, as required under ordinance or law. During the license period, the property owner shall keep all weeds and grass trimmed around and about the vehicle in accordance with City ordinances.
[Adopted 3-22-2004 by Ord. No. 3/22/2004-4 (Ch. 25, Art. VI, of the 2001 Code)]
The City Council of the City of Maroa finds that abandoned mobile homes are a nuisance because they blight and depress property values. (210 ILCS 117/5)
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
As used in this article, the following terms shall have the meanings indicated:
ABANDONED MOBILE HOME
A mobile home located inside a mobile home park that has no owner currently residing in the mobile home or authorized tenant of the owner currently residing in the mobile home to the best knowledge of the mobile home park owner or operator or municipality, which has had its electricity, natural gas, sewer and water utilities terminated or disconnected by the utility companies or mobile home park owner or operator that is providing such services and for which the mobile home privilege tax imposed under the Mobile Home Local Services Tax Act is delinquent for at least three months. A mobile home affixed to a foundation and abandoned outside a mobile home park must be treated like other real property for condemnation purposes.
MANUFACTURED HOME
A factory-assembled, completely integrated structure designed for permanent habitation, with a permanent chassis and so constructed as to permit its transport, on wheels temporarily or permanently attached to its frame, and which is a movable or portable unit that is 1) eight body feet or more in width, 2) 40 body feet or more in length and 3) 320 or more square feet, constructed to be towed on its own chassis (comprised of frame and wheels) from the place of its construction to the location, or subsequent locations, at which it is connected to utilities for year-round occupancy for use as a permanent habitation and designed and situated so as to permit its occupancy as a dwelling place for one or more persons, and specifically includes a "manufactured home" as defined in Subdivision (53) of Section 9-102 of the Uniform Commercial Code. The term shall include units containing parts that may be folded, collapsed or telescoped when being towed and that may be expected to provide additional cubic capacity and that are designed to be joined into one integral unit capable of being separated again into the components for repeated towing. The term excludes campers and recreational vehicles. The words "mobile home" and "manufactured home" are synonymous for the purposes of this article.
MANUFACTURED HOME OWNER
A person who holds title to a manufactured home.
MANUFACTURED HOME RESIDENT
A manufactured home owner who rents space in a mobile home park from a mobile home park owner or operator for the purpose of locating his or her manufactured home or a person who rents a manufactured home in a mobile home park from a mobile home park owner or operator.
MOBILE HOME PARK
Has the meaning provided under Section 2.5 of the Mobile Home Park Act.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The municipality may remove and dispose of any abandoned mobile home found within the municipality and may legally enter upon any land to do so if the mobile home park owner or operator of the mobile home park where the abandoned mobile home is located has not initiated proceedings under § 255-19 of this article within 45 days after written notice to the mobile home park owner or operator by certified mail, return receipt requested, stating that the corporate authority intends to take action under this article. The notice to the mobile home park owner or operator shall specify the location of the abandoned mobile home in the park.
Any entity that removes, sells or disposes of a mobile home under the authority of this article shall not be liable for any damages caused by the removal, sale or disposal. (210 ILCS 117/20)
A. 
Before removing an abandoned mobile home, written notice as provided in this article shall be sent to each owner and each lienholder who appears on the records of the Secretary of State and to each owner of record of the land upon which the mobile home is located. The notice shall be sent by certified mail, return receipt requested. Notice shall also be sent by certified mail, return receipt requested, to the last person who paid the mobile home privilege tax on the mobile home as shown on the records of the County Treasurer of the county where the mobile home is located. (210 ILCS 117/25)
B. 
Notice by publication. If the owner, lienholder or other legally entitled person does not sign for the notice sent to him or her by certified mail, that person shall be notified by publication in the manner provided below, in a newspaper of general circulation in the municipality or a newspaper of general circulation in the county if no newspaper exists in the municipality. The notice must be published once a week for three consecutive weeks. (210 ILCS 117/25)
C. 
Unknown owner. If the Secretary of State has no record of title for the mobile home and if, after diligent search, the name and address of the owner, lienholder or other legally entitled person cannot be ascertained, then notice shall be published as provided in a newspaper of general circulation in the municipality once a week for three consecutive weeks. (210 ILCS 117/25)
D. 
Form of notice. The notice required under this article shall be in substantially the form provided in 217 ILCS 117/25.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E. 
If notice was mailed, the effective date of the notice shall be the date it was mailed; if notice was published, the effective date shall be the first date the notice appeared in the newspaper.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
If the owner or lienholders of a mobile home fail to restore the electric and water service and to pay all taxes, interest and penalties within the thirty-day period following the effective date of the notice, then the municipality shall obtain title to the mobile home and may remove the mobile home and dispose of it.
The municipality, in its discretion, may sell the mobile home at public auction. Notice of the time and place of the auction shall be posted where the auction shall take place in a conspicuous place at least 10 days before the auction. At least 10 days before the auction, the municipality shall also send notice of the auction by certified mail to each owner and lienholder who was originally notified by certified mail. This notice shall include a description of the mobile home and shall inform the owner or lienholder, or both, that they can reclaim the mobile home if they establish before the auction that they have a right to possession, submit written proof that electric and water service has been restored to the mobile home, submit written proof that all taxes, including interest and penalties, have been paid and that the municipality has been reimbursed for all incidental expenses, including the costs of providing notice. (210 ILCS 117/30)
If the municipality disposes of or auctions a mobile home at a financial loss, the municipality may recover all reasonable losses from the person having record title at the time these proceedings began. (210 ILCS 117/35)
Transportation of abandoned mobile home over the public streets and highways of the state under this article shall not require registration plates issued under the Illinois Vehicle Code or a permit certifying payment of the mobile home tax under the Mobile Home Local Services Tax Act for the current year. (210 ILCS 117/40)
The municipality, in its discretion, may transfer the title and all responsibilities for an abandoned mobile home to its agent for the sole purpose of removal by sale or disposal. If this option is utilized, any expenses incurred or profits realized from the legal sale or disposal shall be with the agent. (210 ILCS 117/45)
When a mobile home is disposed of under this article, whether by public auction or other disposition, the municipality may deduct all towing, storage and processing charges. The remainder shall be paid in priority order to lienholders, including providers of utility services. After payment of lienholders and utility providers, any remaining amount may be deposited into the municipal treasury. (210 ILCS 117/50)
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
A proceeding to remove an abandoned mobile home may be maintained by the mobile home park owner or operator in the Circuit Court in the county in which the manufactured home is situated.
B. 
A mobile home park owner or operator may commence a proceeding to obtain a judgment of the court declaring that a manufactured home has been abandoned upon proof of all of the following:
(1) 
The manufactured home has been vacant for a period of not less than 180 days without notice to the mobile home park owner or operator; however, the period shall be 90 days if a judgment of eviction with respect to the manufactured home has been entered.
(2) 
The manufactured home resident has defaulted in the payment of rent for a period of more than 60 days.
(3) 
At least 30 days before commencing the proceeding, the mobile home park owner or operator has notified all known holders of liens against the manufactured home, manufactured home owners and manufactured home residents to the last known address by certified mail, return receipt requested. The notice shall also be sent by certified mail, return receipt requested, to the last person who paid the mobile home privilege tax on the mobile home as shown on the records of the county treasurer of the county where the mobile home is located. Before commencing a proceeding under this section, the mobile home park owner or operator shall cause a search to be done to determine whether there are any lienholders with an existing interest in the manufactured home. The notice shall include a description of the manufactured home and its location and that proceedings will be initiated by the mobile home park owner or operator under this section for the removal and disposal of the manufactured home. The notice shall also describe the procedure for the manufactured home owner or manufactured home resident to retrieve any household goods or other personal property in the manufactured home before the conclusion of proceedings under this section.
(4) 
At least three of the following factors apply:
(a) 
The manufactured home has no owner currently residing in the home or authorized tenant of the owner currently residing in the home to the best knowledge of the mobile home park owner or operator;
(b) 
Electricity, natural gas, sewer and water utility services to the manufactured home have been terminated or disconnected by the utility provider or the mobile home park owner or operator;
(c) 
The mobile home privilege tax, imposed under the Mobile Home Local Services Tax Act, is delinquent for at least three months;
(d) 
The manufactured home is in a state of substantial disrepair that makes the manufactured home uninhabitable; or
(e) 
Other objective evidence of abandonment that the court finds reliable.
C. 
A proceeding under this article shall be commenced by filing a complaint naming as defendants all known holders of liens against the manufactured home, manufactured home owners and manufactured home residents. The complaint shall comply with the requirements of a complaint under the Code of Civil Procedure. The summons shall state that if the defendant fails to answer and establish any defense that he or she may have, then he or she may be precluded from asserting such defense or the claim on which it is based in any other proceeding or action, that a final judgment may be entered if the court finds that the plaintiff has made the requisite showing and that the result of that final judgment shall be the loss of the manufactured home resident's home. Service of the summons and complaint, return of process and filing of an answer or other responsive pleading shall conform to the requirements of the Code of Civil Procedure and Supreme Court Rules.
D. 
Upon the entry of a judgment that a manufactured home has been abandoned, the mobile home park owner or operator shall execute the judgment and cause the removal of the manufactured home from the mobile home park within 30 days after delivery of the judgment.
E. 
The judgment shall clearly recite that a declaration of abandonment has been granted and that the manufactured home will be removed from the mobile home park no later than the 30th day after the delivery of the judgment unless an alternate disposition is ordered under Subsection F.
F. 
In lieu of ordering the removal of a manufactured home, the court may, upon good cause shown, provide for an alternate disposition of the manufactured home, including, but not limited to, sale, assignment of title or destruction. When a manufactured home is disposed of under this section through a sale of the manufactured home, the mobile home park owner or operator shall, after payment of all outstanding rent, fees, costs and expenses to the community and payment in priority order to lienholders, including providers of any utility services, pay any remaining balance to the title holder of the manufactured home. If the title holder cannot be found through diligent inquiry after 90 days, then the funds shall be forfeited. As used in this subsection, "diligent inquiry" means sending a notice by certified mail to the last known address.
G. 
If any household goods or other personal property of the defendant remain in the manufactured home at the conclusion of proceedings under this section, then the mobile home park owner or operator shall provide for the storage of the household goods and personal property for a period of not less than 30 days after the date of the final judgment of the court providing for the disposition of the manufactured home. If the household goods or other personal property are stored in a self-storage facility, then an amount equal to the charges imposed for such storage may be recovered from the defendant. Upon the expiration of such period, the mobile home park owner or operator: 1) has no further liability for the storage or safekeeping of such household goods or personal property; and 2) may provide for the destruction or other disposition of such household goods or personal property. At least 20 days before removing any household goods or other personal property of the defendant that remains in the manufactured home at the conclusion of proceedings under this section, the mobile home park owner or operator shall send all known manufactured home owners and manufactured home residents written notice to the last known address by certified mail, return receipt requested. The notice shall include a description of the procedures, deadlines and costs for the retrieval of items being stored in accordance with this Subsection G.