[HISTORY: Adopted by the Town Board of the Town of Holland as indicated in article histories. Amendments noted where applicable.]
Article I Junked Vehicles and Appliances
Article II Noxious Weeds
[Adopted 8-4-1997 by Ord. No. 1-1997; amended in its entirety 3-12-2001]
[Amended 4-11-2016 by Ord. No. 3-2016]
No disassembled, inoperable, unlicensed, junked, or wrecked motor vehicles, truck bodies, tractors, trailers, farm machinery, vehicle parts, tires, or inoperable appliances shall be stored upon private property within the Town of Holland for a period exceeding 10 days unless in connection with an authorized business enterprise located in a properly zoned area maintained in such a manner as to not constitute a public nuisance or unless screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery or other appropriate means approved by the Town Board. Any such equipment or material stored in public view in violation hereof constitutes a public nuisance.
[Amended 4-11-2016 by Ord. No. 3-2016]
As used in this article, the following terms shall have the meanings indicated:
- DISASSEMBLED, INOPERABLE, JUNKED OR WRECKED MOTOR VEHICLES, TRUCK BODIES, TRACTORS OR TRAILERS
- Motor vehicles, truck bodies, tractors, farm machinery, or trailers in such state of physical or mechanical ruin as to be incapable of propulsion, being operated upon the public streets or highways or otherwise not in safe or legal condition for operation on public streets or highways due to missing or inoperative parts, flat or removed tires, expired or missing license plates or other defects.
- INOPERABLE APPLIANCE
- Any stove, washer, refrigerator, or other like appliance intended for indoor use which is no longer operable for its manufactured purpose.
- MOTOR VEHICLE
- As defined in § 340.01(35), Wis. Stats.
- UNLICENSED MOTOR VEHICLES, TRUCK BODIES, TRACTORS OR TRAILERS
- Motor vehicles, truck bodies, tractors, recreational vehicles, or trailers which do not bear lawful current license plates.
[Amended 4-11-2016 by Ord. No. 3-2016]
This article shall not apply to:
Equipment or material stored:
Within an enclosed building or otherwise screened from public view by means of a fence, rapidly growing trees, shrubbery or other appropriate means approved by the Town Board;
On the premises of a business enterprise operated in a lawful place and manner in a properly zoned area when necessary to the operation of such business enterprise; or
In a storage place or depository maintained in a lawful place and manner.
Seasonal use vehicles, such as snowmobiles, motorcycles, motor scooters, and nonmotorized campers, provided that such machinery and vehicles are stored in compliance with the ordinances of the Town.
Motor vehicles registered pursuant to §§ 341.265 and 341.266, Wis. Stats.
Farm equipment and machinery on premises in any agricultural zoning district.
The Town Board may issue temporary permits to provide an extension of not to exceed 30 days to comply with this article where exceptional facts and circumstances warrant such extension.
Whenever a member of the Town Board or the Board's authorized designee shall find any equipment or material as described herein to be in violation of this article, the official shall notify the owner of the property on which the equipment or material is stored in writing that a violation exists. If the equipment or material is not removed within 10 days, the Town Board or its authorized designee shall cause to be issued a citation to the property owner or tenant of the property upon which the equipment or material is stored, or pursue such other enforcement action permitted by law.
If the equipment or material is not removed within 20 days after issuance of a citation, the Town Board or its authorized designee shall cause the equipment or material to be removed and impounded, and the equipment or material shall thereafter be disposed of as provided herein. Any cost incurred in the removal and sale of the equipment or material shall be charged to the owner, and if unpaid, the cost of such removal shall be charged to the property from which it is removed, which charges shall be entered as a special charge on the tax roll.
The notice of violation described in Subsection A shall provide the owner with an opportunity to request a hearing on the matter. Where a hearing is requested by the filing of a written hearing request with the Town Clerk within 10 days after service of the notice of violation, no citation shall be issued or other enforcement action commenced until the hearing is held. Upon receipt of such hearing request, the Town Clerk shall schedule a hearing before the Town Board and shall give the owner written notice thereof. Such hearing shall be held as soon as practicable after receipt of request therefor. At such hearing, the owner shall be given an opportunity to be heard and show why the owner is not in violation of this article. After such hearing the Town Board shall make findings and issue a decision in writing whether or not this article has been violated. If the Town Board decides that this article has been violated, the owner shall be notified of a compliance date which shall be reasonable under all of the circumstances. If the owner fails to comply by said date, the Town may proceed with issuance of a citation or other enforcement action pursuant to this section. The proceedings at such hearing, including the findings and decision of the Board, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Town Clerk. Such record shall include a copy of every notice issued in connection with the matter. Any person aggrieved by the decision of the Town Board may seek relief therefrom in any court of record by filing a petition therefor with the court within 30 days of receipt of the Town Board's decision. The failure of any owner to timely file a hearing request or to appear at a scheduled hearing shall constitute a waiver of the right to a hearing.
Any vehicle impounded by the Town pursuant to § 263-4B shall be impounded until lawfully claimed or disposed of under Subsection B of this section, except that if it is deemed by a duly authorized Town representative that the cost of towing and storage charges for the impoundment would exceed the value of the vehicle, the vehicle may be junked or sold by the Town prior to expiration of the impoundment period upon determination by the Town that the vehicle is not stolen or otherwise wanted for evidence or other reason. All substantially complete vehicles in excess of 19 model years of age shall be disposed of in accordance with Subsection B.
Any equipment or material, including a vehicle not disposed of under Subsection A, impounded by the Town pursuant to § 263-4B shall be retained in storage for a minimum period of 10 days after certified mail notice has been sent to the owner and lienholders of record to permit reclamation of the equipment or material after payment of accrued charges. Such notice shall set forth a description of the equipment or material, including the year, make, model, and serial number of a vehicle, and the place where the equipment or material is being held and shall inform the owner and any lienholders of their right to reclaim the equipment or material. The notice shall state that the failure of the owner or lienholders to exercise their rights to reclaim the equipment or material under this section shall be deemed a waiver of all right, title, and interest in the equipment or material and a consent to the sale of the equipment or material.
Each retained item of equipment or material not reclaimed by its owner or lienholder may be sold. The Town may dispose of the equipment or material by sealed bid or auction sale. At such sale the highest bid for any such equipment or material shall be accepted unless the same is deemed inadequate by a duly authorized Town representative, in which event all bids may be rejected. If all bids are rejected or no bid is received, the Town may either readvertise the sale, adjourn the sale to a definite date, sell the equipment or material at a private sale or junk the equipment or material. Any interested person may offer bids on each item of equipment or material to be sold.
A public notice of the sale shall be posted in at least three places in the Town likely to give notice to the public. The posting of the notice shall be in the same form as the certified mail notice sent to the owner or lienholders of record.
Upon sale of a vehicle, the Town shall supply the purchaser with a completed form designed by the Department of Transportation enabling the purchaser to obtain a regular certificate of title for the vehicle. The purchaser shall have 10 days to remove the equipment or material from the storage area but shall pay a reasonable storage fee established by the Town for each day the equipment or material remains in storage after the second business day subsequent to the sale date. Ten days after the sale, the purchaser shall forfeit all interest in the equipment or material and the equipment or material shall be deemed to be abandoned and may be sold again.
Any listing of equipment or material to be sold by the Town shall be made available to any interested person or organization who or which makes a written request for such list. The Town may charge a fee for the list.
Within five days after the sale or disposal of a vehicle as provided in this section, the Town shall advise the Department of the sale or disposition on a form supplied by the Department.
Any person who shall violate or cause to be violated any provision of this article shall, upon conviction thereof, be subject to a forfeiture of not less than $10 nor more than $100 for each day said violation continues after the notice of violation thereof.
[Adopted 1-8-2001 by Ord. No. 1-2001]
The Chairperson shall appoint a resident to serve as Weed Commissioner, subject to Town Board confirmation. The term of office of the Weed Commissioner shall commence on the first day of May following his or her appointment. The Weed Commissioner shall take the official oath, which oath shall be filed in the office of the Town Clerk, and shall hold office for one year or until a successor has qualified. The Weed Commissioner shall hold office pursuant to and fulfill the duties set out in state law.
Editor's Note: See § 66.0517, Wis. Stats.
[Amended 12-10-2007 by Ord. No. 1-2007; 5-13-2013 by Ord. No. 6-2013]
The Town Chairperson may annually, on or before May 15, publish a Class 2 notice that every person is required by law to destroy all noxious weeds on lands in the Town which the person owns, occupies or controls. A joint notice with any other town, village or city may be utilized.
A person owning, occupying or controlling land in the Town shall destroy all noxious weeds on the land. If the person fails to destroy any noxious weeds, then the Town Weed Commissioner shall give five days' written notice by mail to the person to the effect that the Weed Commissioner, after the expiration of the five-day period, will proceed to destroy or cause to be destroyed all noxious weeds growing upon the land and that the cost thereof will be imposed as a special charge upon the land upon which the weeds are located under the provisions of § 66.0627, Wis. Stats. In the event the person fails to comply with the five-day notice, then the Weed Commissioner shall destroy the weeds or cause them to be destroyed in the manner deemed to be the most economical method, and the expense thereof, including the cost of billing and other necessary administrative expenses, shall be charged against the land and be collected as a special charge thereon.
The Town declares that all noxious weeds shall be destroyed prior to the time in which such plants would mature to the bloom or flower state. The growth of noxious weeds in excess of eight inches in height from the ground surface shall be prohibited within the Town. "Destroy," as used in this section, shall have the meaning set forth in § 66.0407(1)(a), Wis. Stats. "Noxious weeds," as used in this section, shall mean Canada thistle, leafy spurge, field bind weed, any weed designated as a noxious weed by the Wisconsin Department of Natural Resources by rule, and any other weed the Town Board or Sheboygan County Board by ordinance or resolution declares to be noxious within its boundaries.
If the person who receives a notice from the Weed Commissioner pursuant to § 263-8B believes that no noxious weeds exist on that person's lands, that person may request a hearing before the Town Board. The request for said hearing must be made in writing to the Town Clerk within the five days set forth in the Weed Commissioner's notice. Upon application for the hearing, the applicant must deposit a bond of $125. If a decision is rendered in the applicant's favor, the $125 will be returned to the applicant. If the applicant fails to appear for the hearing or if the decision is rendered against the applicant, the deposit shall be forfeited and applied to the cost of the Town's administrative expenses. When a hearing is requested, a hearing by the Town Board shall be held within 14 days from the date of the request. The Weed Commissioner shall not proceed further until such time as the hearing is held by the Board. At the hearing, the applicant may appear in person or by his or her attorney, may present witnesses in his or her own behalf and may cross-examine witnesses presented by the Town as well as subpoena witnesses for his or her own case. At the close of the hearing, the Town Board shall make its determination in writing specifying its findings of fact and conclusions. If the Town Board determines that noxious weeds exist on said lands, the Board shall order the Weed Commissioner to destroy all such weeds unless the weeds have been destroyed by the owner or occupant within 48 hours of the Town Board's decision. If the owner or occupant does not destroy the weeds within the described 48 hours, the Weed Commissioner shall proceed pursuant to § 263-8 hereof.