City of New Berlin, WI
Waukesha County
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Table of Contents
Table of Contents
[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.]
GENERAL REFERENCES
Nuisances — See Ch. 175.
Abandoned and obsolete property — See Ch. 198.
Property maintenance — See Ch. 201.
Vehicles and traffic — See Ch. 261.

§ 258-1 Definitions.

For the purpose of this chapter, the following definitions shall be applicable:
ABANDONED MOTOR VEHICLE
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.
DISCARDED MOTOR VEHICLE
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.
DISMANTLED MOTOR VEHICLES
Any motor vehicle which has parts, accessories or equipment removed therefrom so that it cannot be operated legally upon any highway.
EQUIPMENT
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.
JUNK
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."
JUNKED MOTOR VEHICLES
Any motor vehicle which has been wrecked or damaged in such a manner that it cannot safely or legally be operated.
MOTOR VEHICLE
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.
NONOPERABLE MOTOR VEHICLE
A motor vehicle, parts of which have been removed from the motor vehicle rendering the same incapable of being safely or legally operated.
PERSON
Any individual, firm, partnership, corporation or association.
PRIVATE PROPERTY
Any real property not owned by the federal government, state government, City of New Berlin or other political subdivision.
REMOVAL
The physical relocation of a motor vehicle, and/or accessories or equipment.
TRASH
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.
WRECKED MOTOR VEHICLE
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.

§ 258-2 Prohibited actions.

[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.

§ 258-3 Exemptions.

This chapter shall not apply to the following:
A. 
Automobile sales or repair enterprises operated in a properly zoned area for such enterprises and provided that inside storage is provided for such motor vehicles.
B. 
Vehicles kept or stored on private property in a garage or other accessory building which conforms to Chapter 275, Zoning.

§ 258-4 Notice of violation.

A. 
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. 
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.

§ 258-5 Removal controlled.

A. 
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. 
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.

§ 258-6 Removal enforced.

A. 
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. 
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.

§ 258-7 Removal from public street, highway and public property; disposal of vehicle.

A. 
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. 
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. 
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. 
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. 
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.

§ 258-8 Exception for junkyards and landfills.

[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.

§ 258-9 Violations and penalties.

Except as otherwise provided, any person who shall violate any provision of this chapter or permit or cause a public nuisance shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-18 of this Code.

§ 258-10 Storage fees for unclaimed vehicles.

[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.