[HISTORY: Adopted by the Board of Supervisors
of Green Lake County 2-21-2006 by Ord. No. 851-06; amended in its entirety 6-16-2020 by Ord. No. 6-2020. Subsequent amendments noted where applicable.]
This chapter is adopted in consonance with § 810.10,
Wis. Stats.
Green Lake County has a very limited amount of space to store
items seized due to civil process seizures or items no longer needed
for investigative purposes.
A.
A storage area is determined as any portion thereof of one layer
of a nine-foot-by-eighteen-foot area.
B.
Fees are as follows:
(1)
Per day per locked outside storage area: $15.
(2)
Per day per locked inside storage area: $25.
(3)
If a unit takes up more area than one storage area, it will be assessed
charges on whatever area it uses on a per-area, per-day basis.
(4)
Fees will be assessed from the date the person or company is notified
the item(s) are in storage through the day the items are removed from
storage.
C.
Towing. If towing is required to move the item to storage, the cost
of that towing must be paid to the towing vendor or reimbursed to
the Green Lake County Sheriff's Office before the item will be
released.
D.
Payment is required in full for towing and all storage costs prior
to the release of any items.
E.
Failure to remove the item(s) within seven days of the mailing of
a written request for removal from the Sheriff will result in the
discarding or sale of the property and collection steps being taken
for any amounts due the Sheriff's Office for towing and storage
of the property after any proceeds or costs from the sale are realized.
As used in this chapter, the following terms shall have the
meanings indicated:
A person who holds the legal title of a vehicle, except that
if legal title is held by a secured party with the immediate right
of possession of the vehicle vested in the debtor, the debtor is the
owner for purposes of this chapter. "Owner" also includes a lessee
in a consumer lease for a vehicle [See Wis. Stats. § 429.10(17)].
A lessor, as defined in Wis. Stats. § 429.104(18),
or a creditor or party that holds a legally enforceable right to a
vehicle.
This chapter is enacted pursuant to the authority found in Wis.
Stats. §§ 66.0139 and 342.40(3).
Whenever the Sheriff determines that any motor vehicle, trailer,
semitrailer or mobile home (collectively hereinafter "vehicle") which
had been impounded by the County for purposes of evidence or other
law enforcement purpose can be reclaimed or is abandoned pursuant
to Wis. Stats. § 342.40(1m), and the vehicle has remained
unclaimed for a period of 30 days, the owner and any lienholder of
record shall be given written notice by certified mail containing
the following information:
A.
The make, model and serial number of the vehicle, and the place where
the vehicle is being held.
B.
The amount of the towing charge, if any, and that it must be paid
before the vehicle is released.
C.
The vehicle must be reclaimed within 10 days of receipt of notice.
D.
Failure of the owner or lienholders to reclaim the vehicle within
10 days shall be deemed a waiver of all right, title and interest
in the vehicle and a consent to the sale of the vehicle and the vehicle
shall be deemed abandoned.
A.
The vehicle may be disposed of by sealed bid or auction sale. Notice
of sale shall be given as a Class 1 notice in the official County
newspaper and posted in the Government Center. If deemed inadequate
by the Sheriff or his/her designee, all bids may be rejected. If all
bids are rejected or no bids are received, the County may either readvertise
the sale, adjourn the sale to a definite date, sell the vehicle at
a private sale, junk the vehicle, or donate to a nonprofit organization.
If the Sheriff or his/her designee determines that the costs of disposing
of the vehicle would exceed the value of the vehicle, the vehicle
can be junked, sold without notice, or donated to a nonprofit organization.
(1)
If disposal of the vehicle is not sold at public sale, the Sheriff
shall maintain an inventory of the vehicles, a record of the date
and method of disposal, including any consideration for the property,
if any, and the name and address taking possession of the property.
(2)
The inventory shall be kept for two years from the date the property
was disposed.
B.
Upon sale of the vehicle, the County 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.
C.
The purchaser shall have 10 days to remove the vehicle, but shall
pay a $10 per day storage fee after the second business day subsequent
to the sale.
D.
If the purchaser fails to remove the vehicle 10 days after the sale,
the purchaser shall forfeit all interest in the vehicle and the vehicle
shall be deemed abandoned and may be sold again or donated to a nonprofit
organization.
E.
Proceeds from any sale shall be paid into the County treasury.
Within five days after the sale or disposal of the vehicle,
the County shall advise the Wisconsin Department of Transportation
of the sale or disposition on a form supplied by the department.
The costs of disposal not recovered by the sale of the vehicle
may be recovered in a civil action by the County against the owner.
The owner of a stolen vehicle is not responsible for the costs of
impounding and disposing of the vehicle.
Any future amendments, revisions, or modifications of Wis. Stats.
§§ 66.0139 and 342.40(3) are intended to be made part
of this chapter as such amendments, revisions, or modifications are
made to those statutes.
