[HISTORY: Adopted by the Common Council of
the City of New Berlin 7-11-2000 by Ord. No. 2118 as Secs. 10.06 and 10.15
of the Municipal Code. Amendments noted where applicable.]
For the purpose of this chapter, the following
definitions shall be applicable:
A motor vehicle which, through disuse and failure to be used,
remains in one location for a period of 30 consecutive days or more;
a motor vehicle which has been reported as stolen to any law enforcement
agency; or a motor vehicle which does not have affixed thereto a current
motor vehicle license.
A motor vehicle placed upon public or private property without
the permission or knowledge of the owner of said property, and a motor
vehicle the ownership of which the real estate owner is unaware.
Any motor vehicle which has parts, accessories or equipment
removed therefrom so that it cannot be operated legally upon any highway.
Any part of a motor vehicle or any accessories for use thereon
which affect the safety or operation of such motor vehicle, or the
safety of the occupants therein.
Old iron, chain, brass, copper, tin, lead, other base metals,
trailers, farm machinery and equipment or any parts thereof to be
junked or demolished, taken apart or destroyed for salvage materials,
paper, wastepaper, used lumber or building material, paper clippings,
rags, rubber, glass or bottles, and all articles and things discarded
as manufactured articles composed of or consisting of any one or more
of the articles mentioned, including industrial metal or scrap or
other material commonly included within the term "junk."
Any motor vehicle which has been wrecked or damaged in such
a manner that it cannot safely or legally be operated.
A vehicle which is designed for operation on land, which
is self-propelled and can be used for transporting people or materials,
and including, but not limited to, automobiles, trucks, busses, motorized
campers, motor vehicles, motorcycles, motor scooters and tractors.
A motor vehicle, parts of which have been removed from the
motor vehicle rendering the same incapable of being safely or legally
operated.
Any individual, firm, partnership, corporation or association.
Any real property not owned by the federal government, state
government, City of New Berlin or other political subdivision.
The physical relocation of a motor vehicle, and/or accessories
or equipment.
Any rubbish, ashes, paper, dirt, discarded stones or bricks,
tin cans, boxes, barrels, discarded wood and lumber, brush and any
form of discarded vegetation, foundry sand and industrial waste of
any kind or description.
Any motor vehicle which has been damaged by collision either
with a motor vehicle or stationary object and parts of which are bent,
broken or unattached so that it is rendered incapable of being safely
or legally operated.
[Amended 6-19-2001 by Ord. No. 2142]
Any person owning or having possession of any
dismantled or partially dismantled or abandoned, junked, or wrecked,
nonoperable or discarded motor vehicle or motor vehicle equipment
or accessories shall not store or permit to be stored any such dismantled,
partially dismantled, abandoned, junked, wrecked, nonoperable or discarded
motor vehicle or any such equipment or accessories on any private,
public, or municipal property in the City of New Berlin for a period
of more than 30 consecutive days, unless it is in connection with
the operation of a junkyard, and no person owning any private property
in the city, as determined from the tax assessment records of the
city, shall store or permit to be stored or to remain any such vehicles
or accessories on such private property for more than 30 consecutive
days. Such storage is hereby declared to be a public nuisance and
may be abated or removed and penalties imposed as provided by this
Code.
This chapter shall not apply to the following:
A.Â
Any person shall be deemed to have violated this chapter
at the expiration of 30 days after being provided with notice of violation
by the Police Department, Chief Building Inspector or Director of
Building, Inspection and Zoning or his designee.
B.Â
Notice of violation shall state that the violation
of this chapter has occurred and shall be directed to the owner of
the real estate upon which the motor vehicle and/or accessories or
equipment are located. The notice shall indicate that the motor vehicle
or motor vehicle accessories or equipment will be in violation if
permitted to remain on the property for more than 30 consecutive days
from the date of the notice and shall be served upon or sent by certified
mail to the owner of the real estate upon which such motor vehicle
or motor vehicle accessories or equipment is located as shown on the
tax assessment records of the city. The notice shall give the owner
of the real estate upon which such motor vehicle or motor vehicle
accessories or equipment is located notice that such motor vehicle
or motor vehicle accessories or equipment must be removed within 30
days after service of the notice.
A.Â
No person, after notification has been given pursuant
to this chapter to remove any dismantled, partially dismantled, abandoned,
junked, wrecked, nonoperable or discarded motor vehicle or motor vehicle
accessories and equipment from any private property, shall move the
same to any other private property upon which such storage is not
permitted or onto any public highway, municipal property or public
property.
B.Â
If any dismantled, partially dismantled, abandoned,
junked, wrecked, nonoperable or discarded motor vehicle or motor vehicle
accessories and equipment is removed for noncompliance with this chapter
after receiving a proper notice and is subsequently returned to the
same location, such action shall constitute an immediate violation
and the Police Department, Chief Building Inspector or Director of
Building, Inspection and Zoning or his designee shall cause the immediate
removal of such items, with the costs incurred to be charged against
the owner of the property on which such violation occurs.
A.Â
If the dismantled, partially dismantled, abandoned,
junked, wrecked, nonoperable or discarded motor vehicle or motor vehicle
accessories or equipment are not removed within the period fixed for
such removal, the Chief of Police or any member of his Department
designated by him, the Chief Building Inspector or the Director of
Building, Inspection and Zoning or his designee may provide for the
removal thereof by city equipment and dispose of the same in any manner
they deem desirable, or they may requisition at city expense a private
towing company to remove the motor vehicle or motor vehicle accessories
or equipment and dispose of the same in any manner deemed desirable.
B.Â
The cost incurred by the city or a private towing
company to remove such dismantled, partially dismantled, abandoned,
junked, wrecked, nonoperable or discarded motor vehicle or motor vehicle
accessories or equipment shall be charged to the owner of the real
estate upon which the motor vehicle or motor vehicle accessories or
equipment is located and, if such costs and expenses are not paid
within 30 days from the date of billing by the city, they shall be
levied and assessed against the real estate upon which the motor vehicle
or motor vehicle accessories or equipment are located and collected
by the city in the same manner as other real estate taxes are assessed
and collected.
A.Â
No person shall leave any dismantled, partially dismantled,
abandoned, junked, wrecked, nonoperable or discarded motor vehicle
or motor vehicle accessories or equipment on any public street, highway
or upon any public property in the city.
B.Â
No person shall leave unattended any motor vehicle
or motor vehicle accessories or equipment on any public street, highway
or upon any public property in the city for such time or under such
circumstances as to cause the vehicle or accessories or equipment
to appear to be abandoned. When any motor vehicle or motor vehicle
accessories or equipment has been left unattended upon a public street,
highway or upon any public property for more than 48 hours, the vehicle
is deemed abandoned and considered a public nuisance.
C.Â
Any such vehicle and/or accessories or equipment shall
be summarily removed by city equipment or a private towing company
under the direction of the Chief of Police or any member of his Department
designated by him, the Chief Building Inspector or the Director of
Building, Inspection and Zoning or his designee to a lawful place
of storage. Notice shall be given by certified mail to the owner of
record of such vehicle and/or accessories or equipment, if such owner
can be ascertained by the exercise of reasonable diligence, of the
removal of the motor vehicle and/or accessories or equipment and the
place where the same is stored, and such notice shall further state
that in the event such owner shall not reclaim such vehicle and/or
accessories or equipment within 10 days from the date of such notice
and pay the costs and expenses for such removal and storage charges,
the same will be summarily disposed of in any manner deemed desirable
by the city. If such owner of record cannot be ascertained, notice
as provided herein shall be given as a Class 1 notice in the official
newspaper.
[Amended 6-19-2001 by Ord. No. 2142]
D.Â
If the Chief of Police or any member of his Department
designated by him, the Chief Building Inspector or the Director of
Building, Inspection and Zoning or his designee determines that the
motor vehicle or motor vehicle accessories or equipment has a value
of less than $100, the same may be summarily disposed of by the Chief
of Police or any member of his Department designated by him, the Chief
Building Inspector or the Director of Building, Inspection and Zoning
or his designee by direct sale upon determination that the vehicle
is not reported stolen and that storage of such vehicle prior to sale
shall not be required.
E.Â
The Chief of Police shall notify the Wisconsin Department
of Transportation within five days after the sale or disposal of any
dismantled, partially dismantled, abandoned, junked, wrecked, nonoperable
or discarded motor vehicle.
[Amended 6-19-2001 by Ord. No. 2142]
No person shall accumulate or store or permit the accumulation or storage of any junk or trash upon any property in the city, unless it is in connection with the operation of a junkyard or the operation of a landfill as is authorized by Chapter 220, Solid Waste, Article III, Landfills, of this Code.
[Added 4-28-2015 by Ord.
No. 2542]
Those motor vehicles which are towed at the direction of the
City and which are being stored by the City shall be subject to the
provisions of this section. At such time as the City of New Berlin
allows for the release of the vehicle for return to its owner, the
City shall send a notice to the owner of the vehicle, by certified
mail, advising said owner that his or her vehicle has been released
for pickup, and that he or she may contact the Police Department to
make arrangements to do so. In the event that such notice is issued
and the owner of the vehicle fails to pick up the vehicle within seven
days of the owner’s receipt of said notice, the owner shall
be charged a fee of $10 per day, or such portion of a day that elapses
thereafter until the vehicle is picked up, which fee shall be paid
before the vehicle may be released to the owner. In the event the
owner fails to pick up the vehicle within 30 days of the date of the
notice provided for hereunder, the vehicle shall be considered abandoned
and the provisions of this chapter referring to abandoned vehicles
shall apply.
