[Adopted as Title 10, Ch. 5, of the 1998 Village Code of
Ordinances]
A.
Abandonment of vehicles prohibited. No person shall leave unattended
any motor vehicle, trailer, semitrailer or mobile home on any public
street or highway or private or public property in the Village of
Clyman for such time and under such circumstances as to cause the
vehicle to reasonably appear to have been abandoned. Whenever any
such vehicle has been left unattended on any street or highway in
the Village of Clyman or upon private or public property without the
permission of the property owner or other person charged with the
lawful jurisdiction thereof following notification, the vehicle shall
be deemed abandoned and constitutes a public nuisance.
B.
STREET
UNATTENDED
VEHICLE
Definitions. For purposes of this article, the following definitions
shall be applicable:
Any public highway or alley and shall mean the entire width
between the boundary lines of any public way where any part thereof
is open to the public for purposes of vehicular traffic.
Unmoved from its location with no obvious sign of continuous
human use.
A motor vehicle, trailer, semitrailer or mobile home, whether
or not such vehicle is registered under Wisconsin law.
C.
Presumptions. For purposes of this section, the following irrebuttable
presumptions shall apply:
(1)
A vehicle shall be presumed unattended if it is found in the same
position 48 hours after issuance of a traffic ticket or citation and
if such traffic ticket or citation remains placed upon the windshield
during said 48 hours.
(2)
Any vehicle left unattended on any public street or public ground
following notification, or left unattended for more than 48 hours
on private property without the consent of the property owner, is
deemed abandoned and constitutes a nuisance, provided that the vehicle
shall not be deemed abandoned under this subsection if left unattended
on private property outside of public view and is enclosed within
a building, or if designated as not abandoned by a law enforcement
officer or designated Village authority.
D.
Exceptions. This section shall not apply to a vehicle in an enclosed
building or a vehicle stored on a premises licensed for storage of
junk or junked vehicles and fully in compliance with Village zoning
regulations, or to a vehicle parked in a paid parking lot or space
where the required fee has been paid.
Any vehicle in violation of this article shall be removed and impounded until lawfully claimed or disposed of under the provisions of § 325-15.
A.
Applicability. The provisions of this section shall apply to the removal, storage, notice, reclaimer or disposal of abandoned vehicles as defined in § 325-13.
B.
Removal.
(1)
Any police officer who discovers any motor vehicle, trailer, semitrailer
or mobile home on any public street or highway or private or public
property in the Village of Clyman which has been abandoned shall cause
the vehicle to be removed to a suitable place of impoundment.
(2)
Upon removal of the vehicle, the police officer shall notify a law
enforcement officer, or designated Village authority, of the abandonment
and of the location of the impounded vehicle.
C.
Storage and reclaimer. Any abandoned vehicle which is determined
by a law enforcement officer, or designated Village authority, to
be abandoned shall be retained in storage for a period of 14 days
after certified mail notice, as hereinafter provided, has been sent
to the Wisconsin titled owner and/or secured party of record with
the Wisconsin Motor Vehicle Division, except that if a law enforcement
officer, or designated Village authority, determines an abandoned
vehicle to have a value of less than $100, or that the cost of towing
and storage charges for impoundment will exceed the value of the vehicle,
it may be junked or sold by direct sale to a licensed salvage dealer
after having been retained in storage for a period of seven days and
after certified mail notice, as hereinafter provided, has been sent
to the Wisconsin titled owner or secured party of record with the
Wisconsin Motor Vehicle Division, provided that it is first determined
that the vehicle is not reported stolen or wanted for evidence or
other reason. All substantially complete vehicles in excess of 19
model years of age shall be deemed as having a value in excess of
$100. Any such vehicle which may be lawfully reclaimed may be released
upon the payment of all accrued charges, including towing, storage
and notice charges and upon presentation of the vehicle title or other
satisfactory evidence to a law enforcement officer, or designated
Village authority, to prove an ownership or secured party interest
in said vehicle.
D.
Notice to owner or secured party. Certified mail notice, as referred
to herein, shall notify the Wisconsin titled owner of the abandoned
vehicle, if any, and/or the secured party of record with the Wisconsin
Motor Vehicle Division, if any, of the following:
(1)
That the vehicle has been deemed abandoned and impounded by the Village
of Clyman;
(2)
The determined value of the abandoned vehicle;
(3)
If the cost of towing and storage costs will exceed the determined
value of the vehicle;
(4)
That if the vehicle is not wanted for evidence or other reason, the
vehicle may be reclaimed upon the payment of all accrued charges,
including towing, storage and notice charges, within 14 days of the
date of notice, unless the vehicle has been determined to have a value
less than $100 or that the cost of towing and storage charges for
impoundment will exceed the value of the vehicle, in which case the
vehicle may be reclaimed within seven days upon the payment of the
aforesaid charges; and
(5)
That the owner or aforesaid secured party may, upon request, be granted
a hearing relating to the determinations made with respect to said
vehicle within the period that such vehicles may be reclaimed.
Any abandoned vehicle impounded by the Village which has not
been reclaimed or junked or sold by direct sale to a licensed salvage
dealer pursuant to the provisions of this article may be sold by public
auction sale or public sale calling for the receipt of sealed bids.
A Class I notice, including the description of the vehicles, the name(s)
and address(es) of the Wisconsin titled owner and secured party of
record, if known, and the time of sale shall be published before the
sale.
Within five days after the direct sale or disposal of a vehicle
as provided for herein, the law enforcement officer, or designated
Village authority, shall advise the State of Wisconsin Department
of Transportation, Division of Motor Vehicles, of such sale or disposal
on a form supplied by said Division. A copy of the form shall be given
to the purchaser of the vehicle enabling the purchaser to obtain a
regular certificate of title for the vehicle. The purchaser shall
have 10 days to remove the vehicle from the storage area but shall
pay a reasonable storage fee established by the Village for each day
the vehicle 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 vehicle and the vehicle shall be deemed to be
abandoned and may be sold again. Any listing of vehicles to be sold
by the Village shall be made available to any interested person or
organization which makes a written request for such list to the Village
office.
A.
The owner of any abandoned vehicle, except a stolen vehicle, is responsible
for the abandonment and all costs of impounding and disposing of the
vehicle. Costs not covered from the sale of the vehicle may be recovered
in a civil action by the Village against the owner.
B.
Payment of removal and impoundment costs is not required when the
vehicle has been impounded for purposes of law enforcement investigation.
In the event of any conflict between this section and any other
provisions of this Code, this article shall control.
A.
Storage of automobiles restricted. No disassembled, inoperable, unlicensed,
junked or wrecked motor vehicles, truck bodies, tractors, trailers,
farm machinery, vehicle parts or tires, or appliances shall be stored
upon private residential property or unenclosed within a building
upon nonresidential property within the Village of Clyman for a period
exceeding 10 days unless it is 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.
B.
DISASSEMBLED, INOPERABLE, JUNKED OR WRECKED MOTOR VEHICLES,
TRUCK BODIES, TRACTORS, TRAILERS
INOPERABLE APPLIANCE
MOTOR VEHICLE
UNLICENSED MOTOR VEHICLES, TRUCK BODIES, TRACTORS OR TRAILERS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Motor vehicles, recreational 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 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.
Any stove, washer, refrigerator or other appliance which
is no longer operable in the sense for which it was manufactured.
Is defined in § 340.01(35), Wis. Stats.
Motor vehicles, truck bodies, tractors, recreational vehicles
or trailers which do not bear lawful current license plates.
C.
Exceptions. This section 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
in a nonnuisance manner in a properly zoned area when necessary to
the operation of such business enterprise, in a storage place or depository
maintained in a lawful place and manner, or seasonal use vehicles
such as snowmobiles, motorcycles, motor scooters and nonmotorized
campers, provided such vehicles are stored in compliance with the
ordinances of the Village. Also excepted are motor vehicles registered
pursuant to §§ 341.265 and 341.266, Wis. Stats. In
other situations the Village Board may issue temporary permits permitting
an extension of not to exceed an additional 30 days' time to
comply with this section where exceptional facts and circumstances
warrant such extension.
D.
Enforcement.
(1)
Whenever a law enforcement officer, the Building Inspector or other
designated Village authority shall find any vehicles, vehicle parts
or tires, or appliances, as described herein, placed or stored in
the open upon private property within the Village, he shall notify
the owner of said property on which said vehicle or appliance is stored
of the violation of this section. If said vehicles, part thereof or
appliance is not removed within five days, the 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.
(2)
If such vehicle or appliance is not removed within 20 days after issuance of a citation, a law enforcement officer, the Building Inspector or other designated Village authority shall cause the vehicle or appliance to be removed and impounded, and it shall thereafter be disposed of as prescribed in §§ 325-15 through 325-18 by a law enforcement officer, the Building Inspector or other designated Village authority. 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.