[Adopted 12-7-2005 as Title 10, Ch. 5, Sec. 10-5-8, of the 2005 Village Code]
No disassembled, inoperable, unlicensed, junked or wrecked motor vehicles, truck bodies, tractors, trailers, farm machinery, appliances, household furnishings, abandoned mobile home or trailer, miscellaneous junk or appliances, junk, or construction equipment/debris shall be stored, unenclosed and/or within public view, upon private residential property within the Village of Argyle for a period exceeding 48 hours or, if it is in connection with an authorized business enterprise, the premises shall be maintained in such a manner as to not constitute a public nuisance and at all times shall be in compliance with this article and Village zoning regulations. Outside storage of items listed above (but not limited to) on a commercial or industrial property shall be enclosed by a fence or other enclosure of a design approved by the Village Board.
Any business engaged in automotive sales or repair located in a properly zoned district may retain no more than three disassembled, inoperable, unlicensed or wrecked vehicles, or other item(s) listed in Subsection A, in the open and/or outside the Village-approved enclosure for a period not to exceed 30 days, after which such vehicles shall be removed.
As used in this article, the following terms shall have the meanings indicated:
- ABANDONED HOME OR TRAILER
- One which has not been used or occupied or which, due to dilapidated condition, cannot be occupied in a healthful manner within the past 365 days.
- DISASSEMBLED, INOPERABLE, JUNKED OR WRECKED MOTOR VEHICLES, TRUCK BODIES, TRACTORS, TRAILERS
- Motor vehicles, recreational vehicles (boats, campers, snowmobiles, all-terrain vehicles, etc.), truck bodies, tractors, farm machinery or trailers, and other items listed in § 465-1 or defined in this section, in such state of physical or mechanical ruin as to be incapable of propulsion, being operated upon the public streets or highways, or which is 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. For purposes of this article, may also be referred to as "nuisance motor vehicles."
- Type of construction required to hide and harbor vehicles from public view, excluding tarps. The Village Board shall have sole authority to determine the adequacy of enclosures required under this article, which may be a structure, fence, vegetative screening, or other type of acceptable enclosure.
- INOPERABLE APPLIANCE
- Any stove, washer, refrigerator or other appliance which is no longer operable in the sense for which it was manufactured.
- Worn out or discarded material of little or no value, including, but not limited to, household appliances or parts thereof, tools, discarded building materials or any other unsightly debris, the accumulation of which has an adverse effect upon the neighborhood or Village property values, health, safety or general welfare.
- MOTOR VEHICLE
- As defined in § 340.01(35), Wis. Stats. Additionally, "motor vehicle" means any automobile, automobile part, all-terrain vehicle, snowmobile, motor home, bus, motorcycle, van or other device designed for travel.
- Considered to be the person(s) who occupies the premises and who may or may not be the responsible person(s) harboring such unlicensed motor vehicle.
- REPAIR WORK
- Includes mechanical, electrical and bodywork, maintenance, construction, reconstruction, assembly, disassembly, restoration, painting, upholstering or any similar or related work performed on any motor vehicle.
- STREET REPAIRS
- Temporary repair work performed on a motor vehicle in a manner and place which will not create a danger or hazard to vehicular or pedestrian traffic.
- TEMPORARY REPAIR WORK
- Repair work which is performed within 24 hours of a motor vehicle becoming unexpectedly unroadworthy on a street, highway or thoroughfare, which work will make or attempts to make said motor vehicle roadworthy.
- 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.
This article shall not apply to:
Any motor vehicle or motor vehicle accessories stored within an enclosed building or on the premises of a business enterprise operated in a lawful place and manner in a properly zoned area in such a manner as to not constitute a nuisance, when necessary to the operation of such business enterprise, in an enclosed storage place or depository maintained in a lawful place and manner.
Any business engaged in the sale, repair or storage of such unlicensed vehicles in a properly zoned district may store such vehicles, provided a public nuisance is not created and activities are in full compliance with this article and the Village Zoning Code (Chapter 715). The Village Board may determine the necessity of such storage and may impose limitations or require fencing or other type of approved enclosure of such nonresidential properties.
In other situations the Village Board may issue a one-time temporary permit permitting an extension of not to exceed an additional 30 days' time to comply with this article where exceptional facts and circumstances warrant such extension.
Repair work of vehicles may only be performed upon observance of the following conditions and restrictions:
Repair work upon residentially zoned private property cannot be performed for financial gain or profit obtained through fees, barter, charges or appreciation in the value of a motor vehicle purchased for the purpose of resale. Repair work upon other than residentially zoned property shall be in accordance with the Village zoning ordinances and in compliance with the applicable state and Village ordinances, rules and regulations, licenses and permits.
Except for authorized street repairs, repair work which renders a motor vehicle inoperable for a period of more than three days shall only be performed in a garage, shed or enclosed structure or, in the case of a nonresidential property, in a fenced area which fully screens repair work from the view of the owners, users and occupiers of abutting and neighboring properties and from the view of passersby using public thoroughfares, streets and highways.
Street repairs may be performed only within the scope of the definition thereof.
Whenever a Village law enforcement officer shall find any vehicles or appliances, as described herein, placed or stored in the open upon private property within the Village, he/she shall notify the owner of said property on which said vehicle or appliance is stored of the violation of this article. If said vehicles or appliance is not removed within five days, a Village law enforcement officer shall cause to be issued a citation to the property owner or tenant of the property upon which said vehicle or appliance is stored.
If such vehicle or appliance is not removed within 15 days after issuance of a citation, a Village law enforcement officer shall cause the vehicle or appliance to be removed and impounded, and it shall thereafter be disposed of as prescribed in §§ 625-3 through 625-6 of this Code by a Village law enforcement officer. Any cost incurred in the removal and sale of said vehicle or appliance shall be recovered from the owner. However, if the owner of the vehicle or appliance cannot readily be found, 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.
Any person who shall interfere with the enforcement of any of the provisions of this article and shall be found guilty thereof shall be subject to a penalty as provided in § 1-2 of this Code. Each motor vehicle or appliance involved shall constitute a separate offense.