[HISTORY: Adopted by the Village Board of the Village of
Fox Point 5-14-2002 by Ord. No. 2002-05 (§§ 31.13 to 31.19
of the 1961 Code). Amendments noted where applicable.]
It shall be unlawful for any person in a residential district
to engage in an estate sale activity within the Village of Fox Point
without first obtaining a permit as herein provided.
When used in this chapter, the following terms shall have the
following meaning:
Any sale occurring on residential premises wherein the personal
property of the resident or property owner is held out for liquidation
or public sale with the assistance of a paid, professional, commissioned,
or in any other way compensated agent, or alternately which sale with
or without an agent will occur over a total period of time greater
than 72 hours.
A.
Applicants for a permit must complete and return a permit application
to the Village of Fox Point through the Village Clerk/Treasurer or
such other person as from time to time designated by the Village Board
or the Village Manager. The permit shall include the following information:
(1)
The name of the applicant and the address of the sale location, as
well as the applicant's telephone number.
(2)
A description of the sale which will occur, including the date(s)
and the hours of the sale.
(3)
Whether or not an agent will be involved in the conduct of the sale
and the name of the agent.
(4)
A statement that the sale does relate to the assets of a resident
or property owner and is for the purpose of liquidating all or a portion
of his/her estate.
B.
The authority to grant such a permit shall be with the Village Manager.
Any person denied a permit by the Village Manager may appeal to the
Village Board. Denial of a permit by the Village Board shall be subject
to review by the Circuit Court through certiorari.
The fee for an estate sale permit shall be as provided in Chapter 63, Fees. The permit will expire upon the time period as set forth therein having lapsed. The permit shall not be transferable and shall be only for the premises and times described in the permit.
The applicant shall post with the Village Clerk/Treasurer the
sum of $500 or such other bond or proof of insurance in the discretion
of the Village against damages to the Village right-of-way or Village
property as may occur. Upon completion of the sale, the sum shall
be refundable to the applicant less any sum retained for purposes
of restoring or repairing any damage to Village right-of-way or Village
property. Any dispute as to the damage amount in the event any sum
is retained may be appealed to the Fox Point Board of Appeals and
thereafter shall be subject to the review of the Circuit Court by
certiorari.
The permit may be revoked by the Chief of Police or the Village
Manager or her designate in the event of any violation of any provisions
of this chapter or any conditions of the permit.
Any person adjudged in violation of the provisions of this chapter shall be subject to prosecution and forfeiture or such other remedies as provided for in § 1-4 of the Fox Point Code.
