[HISTORY: Adopted by the Village Board of
the Village of Westfield as Title 8, Ch. 4 of the 1985 Code. Amendments
noted where applicable.]
No person shall leave unattended any motor vehicle,
trailer, semitrailer or mobile home on any public street or highway
or private or public property in an R-1 through an R-3 District of
the Village of Westfield for such time and under such circumstances
as to cause the vehicle to reasonably appear to have been abandoned.
Whenever any such vehicle has been left unattended on any street or
highway in the Village of Westfield or upon private or public property
without the permission of the property owner or other person charged
with the lawful jurisdiction thereof for more than 72 hours, the vehicle
shall be deemed abandoned and constitutes a public nuisance.
Any vehicle in violation of this chapter shall be removed and impounded until lawfully claimed or disposed of under the provisions of § 476-3.
The provisions of this section shall apply to
the removal, storage, notice, reclaiming or disposal of abandoned
vehicles.
A.
Removal. Any police officer who discovers any motor
vehicle, trailer, semitrailer or mobile home on any public street
or highway or private or public property in the Village of Westfield
which has been abandoned shall cause the vehicle to be removed to
a suitable place of impoundment. Upon removal of the vehicle the police
officer shall notify the Police Chief or his designee of the abandonment
and of the location of the impounded vehicle.
B.
Storage and reclaiming. Any abandoned vehicle which
is determined by the Police Chief or his designee to be abandoned
shall be retained in storage for a period of 14 days after certified
mail notice, as hereinafter provided, has been sent to the Wisconsin
titled owner and/or secured party of record with the Wisconsin Motor
Vehicle Division, except that if the Police Chief or his designee
determines an abandoned vehicle to have a value of less than $100,
or that the cost of towing and storage charges for impoundment will
exceed the value of the vehicle, it may be junked or sold by direct
sale to a licensed salvage dealer after having been retained in storage
for a period of seven days and after certified mail notice, as hereinafter
provided, has been sent to the Wisconsin titled owner or secured party
of record with the Wisconsin Motor Vehicle Division, provided that
it is first determined that the vehicle is not reported stolen or
wanted for evidence or other reason. Any such vehicle which may be
lawfully reclaimed may be released upon the payment of all accrued
charges, including towing, storage and notice charges, and upon presentation
of the vehicle title or other satisfactory evidence to the Police
Chief or his designee to prove an ownership or secured party interest
in said vehicle.
C.
Notice to owner or secured party. Certified mail notice,
as referred to herein, shall notify the Wisconsin titled owner of
the abandoned vehicle, if any, and/or the secured party of record
with the Wisconsin Motor Vehicle Division, if any, that the vehicle
has been deemed abandoned and impounded by the Village of Westfield;
the determined value of the abandoned vehicle or if the cost of towing
and storage charges will exceed the determined value of the vehicle;
that if the vehicle is not wanted for evidence or other reason, the
vehicle may be reclaimed upon the payment of all accrued charges,
including towing, storage and notice charges, within 14 days of the
date of notice, unless it has been determined that the vehicle has
a value of less than $100 or that the cost of towing and storage charges
for impoundment will exceed the value of the vehicle, in which case
the vehicle may be reclaimed within seven days upon the payment of
the aforesaid charges; and that the owner or aforesaid secured party
may, upon request, be granted a hearing relating to the determinations
made with respect to said vehicle within the period that such vehicle
may be reclaimed.
Any abandoned vehicle impounded by the Village
of Westfield which has not been reclaimed or junked or sold by direct
sale to a licensed salvage dealer pursuant to the provisions of this
chapter may be sold by public auction sale or public sale calling
for the receipt of sealed bids. Class 1 notice, including the description
of the vehicle, the name(s) and address(es) of the Wisconsin titled
owner and secured party of record if known, and the time of sale shall
be published before the sale. The procedure for disposing of any abandoned
vehicle shall also be in accordance and consistent with Ch. 342, Wis.
Stats., adopted herein.
Within five days after the direct sale or disposal
of a vehicle as provided for herein, the Chief of Police or his designee
shall advise the State of Wisconsin Department of Transportation,
Division of Motor Vehicles, of such sale or disposal on a form supplied
by said Division. A copy of the form shall be given to the purchaser
of the vehicle.
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 covered from the
sale of the vehicle may be recovered in a civil action by the Village
against the owner.
[Amended 2-12-2008 by Ord. No. 02:08]
A.
No disassembled, inoperable, junk, wrecked and/or
unlicensed vehicles shall be stored or allowed to remain in the open
upon public or private property within the Village for in excess of
three days unless it is in connection with an automotive sale or repair
business located in a properly zoned area.
B.
Whenever the Police Department shall find any vehicles,
as described herein, placed or stored in the open upon public or private
property in the Village, it shall notify the owner and tenant of said
property on which said vehicle is stored of the violation of this
section. If said vehicle is not removed within seven days, the Police
Department shall cause to be issued a citation to the property owner
and tenant of the property upon which said vehicle is improperly stored.
C.
If such vehicle is not removed within 20 days after the issuance of the citation, the Chief of Police shall cause the vehicle to be removed and impounded and it shall thereafter be disposed of as prescribed in Chapter 476, §§ 476-3 and 476-4, by the Chief of Police or his duly authorized representative. Any cost incurred in the removal and sale of the vehicle shall be charged to the property from which it is removed, which charges shall be entered as a special charge on the tax roll.
D.
If such vehicles are claimed by the owner, the junk
or salvage yard shall charge a reasonable fee for handling and storage.
[Amended 5-8-2007 by Ord. No. 10:07]
