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))