Title 8 HEALTH AND SAFETY
Chapter 8.08 ABANDONED AND JUNK VEHICLES
8.08.010 Prohibited.
8.08.020 Removal.
8.08.030 Disposal.
8.08.040 Forfeiture and costs.
8.08.010 Prohibited.
No person shall leave unattended or place any motor vehicle, trailer,
semi-trailer, mobile home or parts thereof, hereafter inclusively referred to as
“vehicle,” on any public highway or private or public property, for
such time and under such circumstances as to cause the vehicle to reasonably
appear to have been abandoned.
A. A vehicle shall be deemed abandoned
whenever:
1. It is left unattended on any street or highway or any public
property within the city limits without the permission of the city for a period
in excess of forty-eight (48) hours;
2. It is left unattended without the
permission of the property owner for more than forty-eight (48) hours. At the
discretion of the city and its officials, this situation may be addressed by
issuing parking citations pursuant to Section 346.55(3), Wis. Stats. Removal of
violating vehicles is the responsibility of the property owner;
3. It is
disabled in a manner and to an extent that it cannot legally be operated on
public roadways, including lack of current license and registration;
4. It
reasonably appears abandoned to a city officer;
5. While in the possession
of the city, it is left unclaimed ten (10) days after notice by certified mail
to any known owner or lienholder.
B. A motor vehicle shall not be considered
abandoned whenever:
1. It is out of ordinary public view in an enclosed
area, vehicle covers, tarps, plastic sheets, or similar coverings do not satisfy
this requirement.
“Enclosed area” is defined as: inside a
building or behind a nontransparent fenced area and out of the public
view;
2. The private property is actively used for the primary purpose of
conducting a business involving the sale, repair, towing or salvage of vehicles,
subject to the following conditions and requirements:
a. The owner of the
business shall be licensed by the state as a motor vehicle dealer, for hire
towing provider or salvage dealer.
b. No motor vehicle is in such mechanical
condition as to not be legally operable on the highways of the state of
Wisconsin shall be parked, placed, or stored in an unenclosed area on private
property for more than thirty (30) consecutive days. All motor vehicles subject
to this subsection which do not qualify for this exception shall be either
parked, placed or stored in a structure located on the property in question or
behind an opaque fence which surrounds the outside storage area. In addition,
the storage of motor vehicles subject to this subsection shall be in accord with
all applicable city ordinances, including, but not limited to, zoning
regulations. Nor may motor vehicle parts be placed or stored in an unenclosed
area on private property for more than thirty (30) consecutive days.
3. It
is a seasonal or recreational vehicle in off-season storage and it is legally
operable and registered. (Ord. 2008-27 § 1; Ord. 1999-11
(part))
8.08.020 Removal.
Any vehicle in violation of this chapter shall be removed and impounded
until lawfully claimed or disposed of under Section 8.08.030.
A. Public
Property. The vehicle shall be issued a notice stating the date of issuance and
the violation of the abandoned vehicle ordinance. If the vehicle is not in
compliance within five days, the vehicle shall be impounded.
B. Private
Property. The landowner, occupant/ tenant and vehicle owner, if readily
available, shall be issued, either personally, by regular mail or conspicuously
on the property, a notice stating the date of issuance and the violation of the
abandoned vehicle ordinance. If the vehicle is not in compliance after five
days, a citation will be issued. The landowner, occupant/tenant of the property
and vehicle owner have coresponsibility for compliance with this chapter. Upon a
finding of the municipal court that the vehicle is in violation of this chapter,
it shall be impounded.
C. Junk Vehicles. If it is deemed by the chief of
police or his or her designee that the cost of towing and storage of the vehicle
would exceed the value of the vehicle and that the vehicle is not stolen or
otherwise wanted for evidence or other reason, the vehicle may be junked or sold
prior to the expiration of the impoundment period. (Ord. 1999-11
(part))
8.08.030 Disposal.
Vehicles impounded shall be disposed of as follows if not claimed by a
lawful owner or lienholder after due notice.
A. Storage. Any vehicle removed
and not junked under Section 8.08.020 shall be retained in storage for a minimum
period of ten (10) days after notice to owner and lienholders of
record.
B. Notice. Notice shall be by certified mail to the owner and
lienholders of record to permit reclamation after payment of accrued charges.
Such notice shall set forth the year, make, model, VIN number, and where the
vehicle is being held. The notice shall state that the failure of the owner or
lienholders to exercise their right to reclaim the vehicle under this chapter
shall be deemed a waiver of all right, title, and interest in the vehicle and a
consent to the sale of the vehicle.
C. Sale or Disposal. Each retained
vehicle not reclaimed by its owner or lienholder may be sold or otherwise
disposed. Sale or disposal shall be at the discretion of the chief of police or
his or her designee and shall be conduct pursuant to then applicable city policy
and procedures. (Ord. 1999-11 (part))
8.08.040 Forfeiture and costs.
Any person who violates this chapter shall be subject to penalty as
provided in Chapter 1.20 of this municipal code and is further responsible for
all reasonable costs of impounding and disposing if necessary, of the vehicle.
Failure by owner to reclaim a vehicle after notice of its impound shall
constitute a separate additional offense of this chapter. Costs not recovered
from the sale of the vehicle may be recovered against the vehicle owner or
landowner in addition to any applicable forfeiture and may be entered as a
special charge on the tax roll if left unpaid. For those vehicles reclaimed, all
costs of impounding the vehicle must be paid by the owner or lienholder prior to
release of the vehicle. Neither forfeiture nor costs shall be imposed on owners
of vehicles that have been stolen. (Ord. 1999-11 (part))
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