Village of Allouez, WI Chapter 417 Vehicles, Abandoned

[HISTORY: Adopted by the Village Board of the Village of Allouez as §§ 7.13 and 7.18 of the Village Code. Amendments noted where applicable.]

GENERAL REFERENCES

Nuisances — See Ch. 307.

Parking and storage — See Ch. 318.

Vehicles and traffic — See Ch. 424.

§ 417-1 Vehicle abandonment prohibited.

No person shall leave unattended any motor vehicle, trailer, semitrailer or mobile home on any public highway, or on private or public property, for such time and under such circumstances as to cause the vehicle to reasonably appear to have been abandoned. Except as otherwise provided in this chapter, whenever any vehicle has been left unattended for more than 48 hours on Village property, or on private property without the permission of the property owner, the vehicle is deemed abandoned and constitutes a public nuisance.

§ 417-2 Impoundment and disposition.

A. Any vehicle in violation of this chapter shall be impounded until lawfully claimed or disposed of under Subsection D, except that if it is deemed by a duly authorized Village 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 Village prior to expiration of the impoundment period upon determination by the Code and Safety Enforcement Coordinator or Sheriff that the vehicle is not stolen or otherwise wanted for evidence or other reason.

B. Any law enforcement officer, sheriff's deputy, county traffic patrolman, state traffic officer or conservation warden who discovers any abandoned motor vehicle, trailer, semitrailer, or mobile home on any public highway or private or public property shall promptly cause the vehicle to be removed to a suitable place of impoundment. Upon removal of the vehicle the officer or warden shall notify the Village Code and Safety Enforcement Coordinator of the abandonment and of the location of the impounded vehicle.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

C. 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 recovered from the sale of the vehicle may be recovered in a civil action by the Village against the owner. Whether or not the Village recovers the cost of towing and enforcement, the Village shall be responsible to the towing service for payment of the reasonable charges for the requested towing service and for the impoundment.

D. Any vehicle which is deemed abandoned by a duly authorized Village representative and not disposed of under Subsection A 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, or after exhausting other reasonable practicable steps, to permit reclamation of the vehicle after payment of accrued charges. Such notice shall set forth the year, make, model and serial number of the abandoned motor vehicle and the place where the vehicle is being held and shall inform the owner and any lienholders of their right to reclaim the vehicle. The notice shall state that the failure of the owner or lienholders to exercise their rights to reclaim the vehicle under this section shall be deemed a waiver of all right, title, and interest in the vehicle and a consent to the sale of the vehicle.

(1) Each retained vehicle not reclaimed by its owner or lienholder may be sold. The Village may dispose of the vehicle by sealed bid or auction sale. At such sale the highest bid for any such motor vehicle shall be accepted unless the same is deemed inadequate by a duly authorized Village representative, in which event all bids may be rejected. If all bids are rejected or no bid is received, the Village may either readvertise the sale, adjourn the sale to a definite date, sell the motor vehicle at a private sale, or junk the vehicle. Any interested person may offer bids on each abandoned vehicle to be sold. A public notice shall be posted at the Village Hall and published in the official newspaper as a Class 1 notice at least 10 days prior to the sale. The posting of the notice shall be in the same form as the certified mail notice sent to the owner or lienholders of record.

(2) Upon sale of an abandoned vehicle, the Village shall supply the purchaser with a completed form designed by the Wisconsin 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 vehicle from the storage area but shall pay a storage fee as outlined in Chapter 225, Fees and Charges, for each day the vehicle remains in storage after the second business day subsequent to the sale date. If the purchaser has not removed the vehicle within 10 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.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(3) Any listing of vehicles to be sold by the Village shall be made available to any interested person or organization who or which makes a written request for such list, upon payment of a fee as set out in Chapter 225, Fees and Charges. Payment made by defaulting purchaser shall be retained by the Village as liquidation damages.

E. Within five days after the sale or disposal of a vehicle as provided in Subsection A or D, the Village shall advise the Wisconsin Department of Transportation of the sale or disposition on a form supplied by the Department.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 417-3 Nonexclusive remedy.

The remedies provided at § 417-2 shall be in addition to, and shall not be exclusive of, any and all other remedies of the Village and private persons.

§ 417-4 Violations and penalties.

A. First offense. Any person who shall violate any provision of this chapter or any regulation, rule, or order made hereunder shall forfeit not less than $1 nor more than $10,000.

B. Subsequent offenses. Any person who shall violate any provision of this chapter or any regulation, rule, or order made hereunder within 24 months after committing a previous violation of this chapter shall forfeit not less than double the original citation nor more than $10,000.