Any vehicle in violation of this chapter shall be removed and impounded until lawfully claimed or disposed of under the provisions of §
426-3.
The provisions of this section shall apply to
the removal, storage, notice, reclaim or disposal of abandoned vehicles.
A. Removal.
(1) Any law enforcement officer who discovers any motor
vehicles, trailer, semitrailer or mobile home on any public street
or highway or private or public property in the Village of Cambria
which has been abandoned shall cause the vehicle to be removed to
a suitable place of impoundment.
(2) Upon removal of the vehicle, the law enforcement officer
shall notify the Village or its designee of the abandonment and of
the location of the impounded vehicle.
B. Storage and reclaimer. Any abandoned vehicle which
is determined by the law enforcement officer 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 law enforcement officer
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 law enforcement officer 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 Cambria;
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 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 vehicles
may be reclaimed.
Any abandoned vehicle impounded by the Village
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 law enforcement officer 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.
In the event of any conflict between this chapter
and any other provisions of the Code, this chapter shall control.