[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.
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 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.