[HISTORY: Adopted by the Common Council of the City of Hudson 12-2-2002
by Ord. No. 23-2002.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 175.
Solid waste — See Ch. 207.
Vehicles and traffic — See Ch. 235.
[1]
Editor's Note: This ordinance also repealed former Ch. 237, Vehicles,
Junked, adopted by Ord. No. 1-81 as Ch. 13, Sec. 13.09, of the 1981 Code,
as amended.
No person shall accumulate or store any junked, disassembled, inoperable
or unlicensed automobiles or parts thereof outside of any building on any
real estate located in the City except upon a permit issued by the Common
Council. Each motor vehicle stored shall require a separate permit.
The permit issued by the Common Council shall specify the quantity and
manner of storing such junked, disassembled, inoperable or unlicensed automobile.
The Common Council, in issuing a permit, shall consider the impact upon adjoining
properties and, if practicable, shall provide prior notification to the adjoining
property owners of the intent to issue the permit. Such permit shall be revocable
as provided by W.S.A. § 175.25, which, so far as applicable, is
hereby adopted by reference.
The fee for the permit provided by this chapter is $25 per year.
No person shall leave unattended or place any motor vehicle, trailer,
semi-trailer, mobile home or parts thereof, hereafter inclusively referred
to as "vehicle," on any public highway or private or public property, for
such time and under such circumstances as to cause the vehicle to reasonably
appear to have been abandoned.
A.
A vehicle shall be deemed abandoned whenever:
(1)
It is left unattended on any street or highway or any
public property within the City limits without the permission of the City
for a period in excess of 24 hours.
(2)
It is left unattended on private property without the
permission of the property owner. At the discretion of the City and its officials,
this situation may be addressed by issuing parking citations pursuant to § 346.55(3),
Wis. Stats. Removal of violating vehicles is the responsibility of the property
owner.
(3)
It is disabled in a manner and to an extent that it cannot
legally be operated on public roadways, including lack of current license
and registration.
(4)
It reasonably appears abandoned to a City officer.
(5)
While in the possession of the City, it is left unclaimed
10 days after notice by certified mail to any known owner or lienholder.
B.
A motor vehicle shall not be considered abandoned whenever:
(1)
It is stored on private property out of ordinary public view in an enclosed area, and has a permit pursuant to § 237-1. Vehicle covers, tarps, plastic sheets, or similar coverings do not satisfy the "enclosed area" requirement. "Enclosed area" is defined as: inside a building or behind a nontransparent fenced area and out of the public view.
(2)
The private property where the vehicle is located is
in the primary business of the sale, repair, towing or salvage of vehicles.
(3)
It is a seasonal or recreational vehicle in off-season
storage, and it is legally operable and registered.
Any vehicle in violation of § 237-4 shall be removed and impounded until lawfully claimed or disposed of under § 237-7, except that, if it is deemed by the Chief of Police or his or her designee that the cost of towing and storage of the vehicle would exceed the value of the vehicle and that the vehicle is not stolen or otherwise wanted for evidence or other reason, the vehicle may be junked or sold prior to the expiration of the impoundment period.
As an alternative to removing and impounding the vehicle, the Chief
of Police or his or her designee may immobilize a vehicle utilizing an immobilization
device. No person shall remove, disconnect, tamper with or otherwise circumvent
the operation of an immobilization device except upon release of the motor
vehicle to the owner or to make necessary repairs to a malfunctioning immobilization
device.
Vehicles impounded or immobilized shall be disposed of as follows if
not claimed by a lawful owner or lienholder after due notice:
B.
Notice. Notice shall be by certified mail to the owner
and lienholders of record to permit reclamation of the vehicle after payment
of accrued charges. Such notice shall set forth the year, make, model, VIN
number, and where the vehicle is being held. The notice shall state that the
failure of the owner or lienholders to exercise their right 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.
C.
Sale or disposal. Each retained vehicle not reclaimed
by its owner or lienholder may be sold or otherwise disposed. Sale or disposal
shall be at the discretion of the Chief of Police or his or her designee and
shall be conducted pursuant to then applicable City policy and procedures.
A.
Penalty. Any person who violates this chapter shall be
fined not less than $10 nor more than $50for each offense and in default of
payment of said fine shall be imprisoned in the county jail for a period not
to exceed thirty days. Each day of violation and each vehicle stored or abandoned
in violation of this chapter shall constitute a separate offense.
B.
Costs. Each person who violates this chapter
is further responsible for all reasonable costs of towing, impounding and
disposing, if necessary, of the vehicle. Failure by the owner to reclaim a
vehicle after notice of its impound shall constitute a separate additional
offense of this chapter. Costs and any applicable forfeitures not recovered
from the sale of the vehicle may be recovered against the vehicle owner or
landowner in a civil action by the City against the owner or may be entered
as a special charge on the tax roll if left unpaid. For those vehicles reclaimed,
all costs of towing and impounding the vehicle must be paid by the owner or
lienholder prior to release of the vehicle. Neither forfeiture nor costs shall
be imposed on owners of vehicles that have been stolen.
