[Adopted 4-1-1996 as Title 10, Ch. 5, of the 1996 Code]
The purpose of this article is to prevent blight, to secure
healthy and humane living conditions, to protect the integrity of
investments in real property, to prevent the decline of real estate
values, to improve aesthetics and to protect the public health, safety
and welfare. In order to secure this goal, activities contrary to
this article are deemed to constitute a matter of public concern which
must be regulated through the exercise of the Village's police
powers.
The following definitions shall be applicable in this article.
For purposes of this article, where appropriate, the singular and
plural may be used interchangeably.
Stove, stove top, range, washer, dryer, refrigerator, freezer
or otherwise similar devices used commercially or in the home.
Without limitation, a garage, warehouse, barn, pole building
or any structure that has walls, ceiling, roof and doors that can
be closed to prevent access by the public.
An enclosed barrier consisting of wood, stone, or metal intended
to prevent ingress, egress and prevent public view of the enclosed
area. For purposes of this article, the term "fence" shall not include
plantings, such as hedges or shrubbery. No fence shall be constructed
of unsightly or dangerous materials which would constitute a nuisance.
Farm implements, farm implement parts, tires, trailers, wagons,
farm equipment or similar devices.
Automobile, mobile home, recreational vehicle, moped, motor
bicycle, motor bus, motorcycle, motor-driven cycle, motor home, motor
truck, tractor, trailer, or any portions thereof, all-terrain vehicles
(ATVs), snowmobiles, boats (whether motorized or not), or any motor
vehicle as defined in § 340.01(35), Wis. Stats.
Without limitation, any inoperable, disassembled, wrecked,
stripped, junked, or unused appliance(s) or any appliance(s) which
is no longer operable in the sense for which it was originally manufactured.
Without limitation, any inoperable, disassembled, wrecked,
stripped, junked, or unused machine(s) or machinery or any machine(s)
or machinery which is no longer operable or usable in the sense for
which it was originally manufactured.
Without limitation, any inoperable, disassembled, unlicensed,
unroadworthy, wrecked, or stripped motor vehicle(s).
Without limitation, nuisance motor vehicle(s), nuisance machine(s)
or machinery and nuisance appliance(s).
Title owner, lessee, occupant, individual, partnership or
corporation, person in possession or person under whose control a
vehicle(s), machine(s) or machinery or appliance(s) is kept.
Any property owned by or held by any governmental body, including
the Village of Dane, or by any public utility or cooperative, including
but not limited to rights-of-way, easements, thoroughfares, roadways,
alleyways, streets, highways or similar public land.
A.
Storage of nuisance motor vehicle(s), nuisance machine(s) and nuisance
appliance(s) restricted.
(1)
It shall be unlawful for any owner to keep, place or store in exterior
storage any nuisance motor vehicle(s), nuisance machine(s) or machinery,
or nuisance appliance(s) upon any private or public property or upon
any public thoroughfare, street, road or highway within the Village
of Dane for a period in excess of 10 days in any manner inconsistent
with this article.
(2)
Whenever the Police Department shall find any nuisance motor vehicle(s),
nuisance machine(s) or machinery, or nuisance appliance(s), the Police
Department shall issue a notice of intent to remove as set forth herein.
After said notice has expired, a citation may be issued to the owner
of the nuisance motor vehicle(s), nuisance machine(s) or machinery,
or nuisance appliance(s) as defined in this article. If such nuisance
property is not removed as prescribed in this article herein, the
Police Department shall cause the nuisance property to be removed
and impounded and thereafter disposed of as prescribed in this article.
B.
Penalty for noncompliance. The owner of nuisance motor vehicle(s), nuisance machine(s) or machinery, or nuisance appliance(s) who violates this article by failing to remove or place in a completely enclosed building or fenced storage area, as defined in this article, the nuisance property in a timely manner shall be subject to a penalty as provided in § 1-4 of this Code. A citation for a violation of this article is not a precondition to a nuisance motor vehicle(s), nuisance machine(s) or machinery, or nuisance appliance(s) being removed or towed under authority of this article. Each day that any nuisance motor vehicle(s), nuisance machine(s) or machinery, or nuisance appliance(s) remains in violation of this article shall constitute a separate and distinct offense.[1]
A.
Nuisance motor vehicle(s), nuisance machine(s) or machinery and nuisance
appliance(s) may be kept, placed or stored inside of a building on
public or private property or outside of a building on private land,
provided that such property stored outside of a building shall be
completely contained or stored within a fenced structure. Such fenced
structure shall be of sufficient height and composition so as to prevent
public view and access.
B.
The fenced structure shall be sufficiently set back from sidewalks, roadways, alleyways, thoroughfares and buildings so as to enable free and unobstructed passage to pedestrians and vehicular traffic. The design, construction and placement of any fence as defined herein shall be subject to authorization by the Village Board of the Village of Dane as a conditional use, as provided under Chapter 520, Zoning, of the Code of the Village of Dane.
A.
Authority to remove. Subject to the procedures hereinafter set forth,
nuisance motor vehicle(s), nuisance machine(s) or machinery and nuisance
appliance(s) may be towed, removed and stored by or upon the direction
of the Village of Dane Police Department at the cost and expense of
the owner, pursuant to the general police powers conferred upon the
Police Department and upon the authority of this article. Unclaimed
removed vehicles, unclaimed removed machines or machinery and unclaimed
removed appliances may be disposed of by anyone causing removal as
so authorized by the Police Department through means and procedures
authorized by law.
B.
Notice of intent to remove.
(1)
Private
property. The owner of nuisance motor vehicle(s), nuisance machine(s)
or machinery, or nuisance appliance(s) which are upon private property
shall be notified of a violation of this article and be provided 10
full calendar days to voluntarily remove any nuisance motor vehicle(s),
nuisance machine(s) or machinery, or nuisance appliance(s) or, in
the alternative, place such property in a completely enclosed building
or completely enclosed fenced storage area.
(2)
Public
property and rights-of-way. The owner of any nuisance vehicle(s),
nuisance machine(s) or machinery, or nuisance appliance(s) which are
upon public property or a right-of-way shall be notified of a violation
of this article and be allowed 24 hours to voluntarily remove such
nuisance vehicle(s), nuisance machine(s) or machinery, or nuisance
appliance(s) from public property or the right-of-way.
C.
Service of notice of intent to remove; computation of time.
(1)
Private
property. If the owner of nuisance motor vehicle(s), nuisance machine(s)
or machinery, or nuisance appliance(s) which are on private property
can be reasonably determined, service of the notice of intent to remove
shall be attempted thereon, by personal service, verified by an affidavit
of service, or by registered or certified mail with return receipt,
and, in addition thereto, a stick-on or otherwise fastened notice
of intent to remove shall be posted on the nuisance motor vehicle(s),
nuisance machine(s) or machinery and nuisance appliance(s), which
notice shall be deemed adequate notice in the event there is no service
of notice of intent to remove by personal service or return receipt
from registered or certified mail. The ten-day time limit provided
to procure voluntary compliance with this article shall commence to
run the day after the notice of intent to remove is posted and affixed
upon the nuisance motor vehicle(s), nuisance machine(s) or machinery,
or nuisance appliance(s).
(2)
Public
property, streets, alleys and rights-of-way. If nuisance motor vehicle(s),
nuisance machine(s) or machinery, or nuisance appliance(s) shall be
upon any public property, street, alley, or right-of-way and the owner
can be reasonably determined, said owner shall be given oral and/or
written notice of intent to remove, and, in addition thereto, a stick-on
or otherwise fastened notice of intent to remove shall be posted on
the nuisance motor vehicle(s), nuisance machine(s) or machinery, or
nuisance appliance(s), which notice shall be deemed adequate in the
event that there is no oral and/or written notice of intent to remove
provided to the nuisance property owner. The twenty-four-hour time
limit provided to procure voluntary compliance with this article shall
commence to run at such time as the notice of intent to remove is
affixed upon the nuisance motor vehicle(s), nuisance machine(s) or
machinery, or nuisance appliance(s).
D.
Extension of time. The Police
Department, for good cause, upon the request of the owner of the nuisance
motor vehicle(s), nuisance machine(s) or machinery, or nuisance appliance(s),
may grant a reasonable extension of any time limit imposed herein
to enable an owner of nuisance property to voluntarily comply with
this article.
E.
Other ordinances and laws. Nuisance motor vehicle(s), nuisance machine(s)
or machinery, or nuisance appliance(s) may be removed or towed under
authority of any other ordinance or law pursuant to procedures therein
specified where removal or tow is authorized by another ordinance
or law other than this article.
F.
Nontolling of period of time provided to comply. The period of time
with which an owner of nuisance motor vehicle(s), nuisance machine(s)
or machinery, or nuisance appliance(s) is provided to comply with
this article in order to avoid removal or towing shall not be tolled
by the fact of a temporary removal of said nuisance property from
the place where upon the violation of this article was noticed to
occur under circumstances where the motor vehicle(s), machine(s) or
machinery, or appliance(s) continue to be a nuisance as herein defined.
G.
Hearing. The notice of intent to remove or tow shall inform the owner
of nuisance motor vehicle(s), nuisance machine(s) or machinery, or
nuisance appliance(s) of the opportunity to request a hearing before
the Police Chief or a designee of the Police Chief. A request for
hearing must be in writing and filed with the Village Clerk-Treasurer
within 10 days of notice of intent to remove or tow. When a hearing
is requested within the time provided for compliance in the notice,
no action shall be taken to remove nuisance vehicle(s), nuisance machine(s)
or machinery, or nuisance appliance(s) or issue a citation hereunder
until the hearing is held and a decision rendered. Said owner may
be required to appear for a hearing to be scheduled within 48 hours
of such written request. The failure of the owner to appear at a scheduled
hearing shall constitute a waiver of said right to a hearing. The
hearing may be conducted over the telephone at the request of or with
the consent of the owner of the alleged nuisance motor vehicle(s),
nuisance machine(s) or machinery, or nuisance appliance(s). The purpose
of a hearing hereunder is to permit the nuisance property owner to
show that the nuisance motor vehicle(s), nuisance machine(s) or machinery,
or nuisance appliance(s) sought to be removed are not, in fact, a
nuisance and subject to removal hereunder. The person conducting said
hearing, which shall be informal, shall note in writing the facts
presented and position of the owner of the nuisance property, shall
mark and retain exhibits, and shall determine in writing whether or
not this article has been violated. If this article has been determined
by the person conducting the hearing to have been violated, the owner
of the nuisance motor vehicle(s), nuisance machine(s) or machinery,
or nuisance appliance(s) shall be notified of a date for compliance,
which shall be reasonable under the circumstances.
H.
Appeal.
(1)
Appeal shall be as hereinafter provided, the Village electing not
to be governed by Ch. 68, Wis. Stats.
(2)
An aggrieved party desiring to appeal from a hearing determination under Subsection G may file a written notice of appeal which must be received by the Police Department prior to the expiration of the time for compliance as directed by the designee's order under Subsection G or within five calendar days, whichever is later. The notice of appeal shall state the error alleged in the initial decision and shall provide the name, address and phone number of the appellant. The appeal shall be heard by the Village Board. The review shall be upon the record made by the Police Chief or the designee of the Police Chief under Subsection G, and a written determination affirming or denying the initial decision shall be made by the Village Board. No nuisance vehicle(s), nuisance machine(s) or machinery, or nuisance appliance(s) shall be removed until the appeal process is completed, and then only if the decision of the Police Chief or the designee of the Police Chief is upheld, and only after the appellant has been notified of the appeal decision and given a date for compliance with this article, which shall be reasonable under the circumstances.
I.
Notice of removal or towing. When a nuisance motor vehicle(s), nuisance
machine(s) or machinery, or nuisance appliance(s) is removed or towed
hereunder, and when the owner and owner's address of the above
removed or towed property is known or reasonably ascertainable to
the person who authorized the removal or tow, said owner shall be
provided notice of the location of the removed or towed property,
and the name and phone number of the designee conducting the removal
or tow. The notice shall be given personally or by regular mail. The
owner shall be notified that the removed or towed property may be
claimed upon payment of the appropriate towing and storage charges.
The owner shall be notified of the approximate daily storage charges,
and the compounding nature of those charges for failure to claim said
removed or towed property. The owner shall also be notified that the
removed or towed property may be disposed of to recover the charges
of removal or towing or storage.
J.
Storage of removed property.
(1)
The Village may dispose of the removed nuisance property by junking or direct sale to a licensed salvage, scrap metal or otherwise similar dealer, after the expiration of 14 calendar days after the owner is given the notice of removal or towing under Subsection I.
(2)
Upon a decision in favor of owner after hearing or appeal as provided
in this article, the Village shall return the removed property to
the owner as soon as practicable, but no later than 14 calendar days
from such final determination.
K.
Reclaimed property. The owner may reclaim removed or towed property
under this article only upon the payment of all accrued charges, including
towing, storage and notice charges, and upon presentment of valid
proof of ownership or secured party interest in said property.
