[HISTORY: Adopted by the Common Council of the City of Montello 5-7-1984
as §§ 8-4-1 to 8-4-8 of the 1984 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 the City of Montello 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 City of Montello
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 § 315-3.
The provisions of this section shall apply to the removal, storage,
notice, reclaiming or disposal of abandoned vehicles.
A.
Removal.
(1)
Any police officer who discovers or receives complaint
of any motor vehicle, trailer, semitrailer or mobile home on any public street
or highway or private or public property in the City of Montello which has
been abandoned shall cause the vehicle to be removed to a suitable place of
impoundment.
(2)
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 reclaimer. 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 Division of Motor Vehicles, 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 10 days and after certified mail notice, as hereinafter priced, has been
sent to the Wisconsin titled owner or secured party of record with the Wisconsin
Division of Motor Vehicles, 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.[1]
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 Division
of Motor Vehicles, if any, that the vehicle has been deemed abandoned and
impounded by the City of Montello; 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 the vehicle has been determined to have a value 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 10 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 vehicles may
be reclaimed.[2]
Any abandoned vehicle impounded by the City of Montello 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.
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.
A.
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 City against the owner.
B.
Towing fees, storage fees and other costs of impounding
and disposition, including publications, shall be charged on the basis of
actual cost to the City of Montello.
In the event of any conflict between this chapter and any other provisions
of this Code, this chapter shall control.
Any vehicle which has been left parked in a municipal parking lot in
excess of 72 hours shall be conclusively presumed to be abandoned and may
be removed to a public storage lot, and in such case the owner shall pay the
storage fees on said vehicle before he may recover the possession thereof.
