[Adopted 12-12-2000 by Ord. No. 00-12]
The purpose and intent of this article is to
protect the health, safety and welfare of Village residents and eliminate
the inappropriate and unnecessary keeping and storage of inoperable
motor vehicles, motor vehicles accessories and junk on public and
private property.
For the purpose of this article, the following
definitions shall be applicable:
State of Wisconsin Department of Transportation.
[Added 3-8-2011 by Ord. No. 11-03]
Any motor vehicle which satisfies one or more of the following
criteria:
That is partially dismantled or wrecked;
That is not operable;
That is unlicensed;
That could not be safely or legally operated
on a highway;
That has become a habitat for rodents, vermin
and insects;
That in any other way constitutes a threat to
public health, safety and welfare; or
That has not been moved for a continuous period
of more than 10 days.
Items such as bottles, rags, paper and paper products, tires,
barrels and other containers, inoperable appliances and other materials,
including but not limited to worn out or discarded materials, whether
owned, abandoned, purchased or donated and whether they are being
kept or stored for purposes for sale or resale or for other purposes.
A vehicle designed to be towed on a highway by a motor vehicle
and equipped and used, or intended to be used, primarily for human
habitation.
[Added 3-8-2011 by Ord. No. 11-03]
Any self-propelled land vehicle which can be used for towing
or transporting people, animals or materials, including but not limited
to automobiles, trucks, buses, motorized campers, motorcycles and
motor scooters.
Any part or parts of any motor vehicle.
Includes all natural persons, partnerships, corporations,
and other forms of association.
[Amended 3-8-2011 by Ord. No. 11-03]
Any real property not owned by the federal government, state,
county, city, school board or other public subdivisions.
The person shown on record to be the owner of the real property
on which the inoperable motor vehicles, motor vehicle accessories
or junk are located.
All Village, county, and state highways, streets and alleys
and the entire rights-of-way thereof.
[Added 3-8-2011 by Ord. No. 11-03]
Real estate owned by the Village, county, state, or another
governmental entity.
[Added 3-8-2011 by Ord. No. 11-03]
The physical relocation of or destruction of or disposal
of an inoperable motor vehicle, motor vehicle accessories or junk
in a manner consistent with applicable state and federal laws and
regulations and county and municipal ordinances.
Has the meaning set forth at § 340.01(71), Wis. Stats.
[Added 3-8-2011 by Ord. No. 11-03]
A.Â
It shall be unlawful for any person or property owner
to keep or maintain upon or to allow any other person to keep or maintain
upon real property under his/her control any of the following: junk,
motor vehicle accessories or inoperable motor vehicles at any time.
B.Â
No person, having been notified by the Village of
the necessity of the removal of any inoperable motor vehicle, motor
vehicle accessories or junk from private property, shall physically
relocate or dispose of or destroy the same in violation of state or
federal laws or regulations or county or municipal ordinances.
This article shall not apply to any inoperable motor vehicle, motor vehicle accessories or junk stored within an enclosed building or on the premises of a business enterprise operated in a lawful place and manner and in accord with Village zoning regulations when necessary to the operation of such business enterprise in a storage place or depository maintained in a lawful place and manner. Such business enterprises shall include auto junk and salvage yards, auto repair and auto body shops but shall not include automobile service stations or tire, battery and accessory sales stores. The Village may require auto junk and salvage yards, auto repair and auto body shops to provide screening in accordance with Chapter 219.
Any person found in violation of the provisions
of this article shall be given written notice by the Police Department
or the Zoning Administrator or that person's designee requiring compliance
with the provisions of this article. The notice shall include a description
of the inoperable motor vehicle(s), motor vehicle accessories or junk,
the location or address of the item(s) in violation, and that failure
to comply with the provisions of this article may result in forfeitures
being assessed or other relief being pursued. The notice shall specify
a time period for compliance, generally not to exceed 10 days. Additionally,
the notice shall inform the violator that removal from the specified
location to another location upon which such storage is not permitted
is prohibited and shall subject the person to additional penalties.
Notice is not required for second and subsequent violations occurring
within a one-year period of the first violation of this section.
Representatives of the Police Department or
Zoning Administrator shall be permitted access to any unenclosed real
estate in the Village for the purpose of enforcing this article.
In the event that, upon inspection, it appears
as if an accumulation of inoperable motor vehicles or junk has resulted
in the breeding or presence of rats or other vermin or has caused
a health hazard, a referral may be made by the inspector to the Village
health officer.
[Added 3-8-2011 by Ord. No. 11-03[1]]
A.Â
In addition to the restrictions set forth under §§ 172-3 and 172-4 above, no person shall leave unattended any motor vehicle, trailer, semitrailer or mobile home on any public highway or public or private property for such time and under such circumstances as to cause the vehicle to appear to be abandoned. It shall be presumed, for purposes of this section, that any such vehicle that has been left unattended, on public property for more than 48 hours, is abandoned and constitutes a public nuisance.
B.Â
Any vehicle in violation of this section shall be impounded until lawfully claimed or disposed of under Subsection C, below.
C.Â
All law
enforcement officials who discover any motor vehicle, trailer, semitrailer,
or mobile home on any public highway or public or private property
which has been abandoned shall cause the vehicle to be removed to
a suitable place of impoundment. Upon removal, the law enforcement
officer shall notify the Chief of Police of the abandonment and the
location of the impounded vehicle. Within 24 hours of ordering impoundment,
said officer shall notify the towing service of the name and last
known address of the registered owner and all lien holders of record
of the vehicle or shall cite to it that such notice is provided directly
by the Village.
D.Â
The owner
of an 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.
E.Â
If it is determined by the law enforcement officer who discovers an abandoned vehicle that the cost of towing and storing it in impound would exceed the value of the vehicle, it may be junked or sold by the Village prior to the expiration of the thirty-day impound period upon further determination by the Chief of Police that the vehicle is not stolen or otherwise wanted for evidence or for any other reason. All substantially complete vehicles in excess of 19 or more years in age shall be disposed of under Subsection F, below. In the event of the discovery by a law enforcement officer of a vehicle that appears to qualify for treatment under this subsection, said officer shall confer with the Chief of Police, who shall decide whether the vehicle shall be dealt with as called for hereunder or under Subsection F. Until the Chief of Police makes such decision, the vehicle shall be left where it is discovered by the officer unless it is creating a health, welfare, or safety hazard for the public, in which event it shall be impounded immediately.
F.Â
Time in
storage; notice; vehicles not redeemed.
(1)Â
A vehicle
determined to be abandoned shall be retained in storage for a minimum
of 30 days after certified mail notice has been sent to the owner
and all lien holders of record of the vehicle to permit reclamation.
Such notice shall set forth the year, make, model, and vehicle identification
number of the abandoned vehicle, the place where it is being held,
and shall inform the owner and lien holders of their right to reclaim.
The notice shall state that the failure to reclaim shall be deemed
a waiver of all right, title, and interest in the vehicle and consent
to its sale.
(2)Â
Each
vehicle not redeemed may be sold. The Village shall sell the abandoned
vehicle in accordance with the policy for disposal of surplus equipment
and vehicles, as established by the Village Board.
(3)Â
The
Village shall supply the buyer of an abandoned vehicle with a completed
DOT form to enable the buyer to obtain a regular certificate for the
vehicle. The buyer shall have 10 days to remove the vehicle from the
storage area but shall pay a reasonable fee as designated by the Village
for each day it remains in storage past the second business day, subsequent
to the sale date. Ten days after the sale date, if it is not removed,
the buyer forfeits all interest in the vehicle, and it shall be deemed
abandoned and may be sold again. The Village shall notify the date
of the sale or disposal of such vehicle.
A.Â
At its option, the Village may seek a forfeiture as provided in § 1-19 of the Village of Osceola Code or seek an order of abatement from the Circuit Court in the form of an injunctive order for each violation of this article. Each day a violation continues shall be a separate offense for purposes of assessment of a forfeiture.
C.Â
In addition to any other penalty imposed by this article
for the erection, contrivance, creation, continuance or maintenance
of a property maintenance violation, all costs incurred by the Village
to abate any violations shall be assessed as a special tax against
the property.
[Added 7-8-2003 by Ord. No. 03-10]
