[HISTORY: Adopted by the Common Council of the City of Hayward as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-9-1994 by Ord. No. 311]
A. 
Abandonment of vehicles prohibited. 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 Hayward 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 Hayward 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 48 hours, the vehicle shall be deemed abandoned and constitutes a public nuisance.
B. 
Definitions. For purposes of this article, the following definitions shall be applicable:
STREET
Any public highway or alley and shall mean the entire width between the boundary lines of any public way where any part thereof is open to the public for purposes of vehicular traffic.
UNATTENDED
Unmoved from its location with no obvious sign of continuous human use.
VEHICLE
A motor vehicle, trailer, semitrailer or mobile home, whether or not such vehicle is registered under Wisconsin Law.
C. 
Presumptions. For purposes of this section, the following irrebuttable presumptions shall apply:
(1) 
A vehicle shall be presumed unattended if it is found in the same position 48 hours after issuance of a traffic ticket or citation and if such traffic ticket or citation remains placed upon the windshield during said 48 hours.
(2) 
Any vehicle left unattended for more than 48 hours on any public street or public ground or left unattended for more than 48 hours on private property without the consent of the property owner is deemed abandoned and constitutes a nuisance; provided, that the vehicle shall not be deemed abandoned under this subsection if left unattended on private property outside of public view and is enclosed within a building, or if designated as not abandoned by the Chief of Police.
D. 
Exceptions. This section shall not apply to a vehicle in an enclosed building or a vehicle stored on a premises licensed for storage of junk or junked vehicles and fully in compliance with City zoning regulations, or to a vehicle parked in a paid parking lot or space where the required fee has been paid.
Any vehicle in violation of this article shall be removed and impounded until lawfully claimed or disposed of under the provisions of § 350-3.
A. 
Applicability. The provisions of this section shall apply to the removal, storage, notice, reclaimer or disposal of abandoned vehicles as defined in § 350-1.
B. 
Removal.
(1) 
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 City of Hayward 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 Chief of Police or his designee of the abandonment and of the location of the impounded vehicle.
C. 
Storage and reclaimer. Any abandoned vehicle which is determined by the Chief of Police 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 Chief of Police 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. All substantially complete vehicles in excess of 19 model years of age shall be deemed as a having value in excess of $100. 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 Chief of Police or his designee to prove an ownership or secured party interest in said vehicle.
D. 
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, of the following:
(1) 
That the vehicle has been deemed abandoned and impounded by the City of Hayward;
(2) 
The "determined value" of the abandoned vehicle;
(3) 
If the cost of towing and storage costs will exceed the determined value of the vehicle;
(4) 
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
(5) 
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 City 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. A Class I Notice, including the description of the vehicles, 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 enabling the purchaser to obtain a regular certificate of title for the vehicle. The purchaser shall have 10 days to remove the vehicle from the storage area but shall pay a reasonable storage fee established by the City for each day the vehicle remains in storage after the second business day subsequent to the sale date. Ten days after the sale, the purchaser shall forfeit all interest in the vehicle and the vehicle shall be deemed to be abandoned and may be sold again. Any listing of vehicles to be sold by the City shall be made available to any interested person or organization which makes a written request for such list to the Police Department. The Police Department may charge a reasonable fee for the list.
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. 
Payment of removal and impoundment costs is not required when the vehicle has been impounded for purposes of law enforcement investigation.
A. 
Storage restricted. No disassembled, inoperable, unlicensed, junked or wrecked motor vehicles, truck bodies, tractors, trailers, farm machinery, vehicle parts or tires, or inoperable appliances, construction debris or other refuse that is unsightly or a public health nuisance shall be stored outside upon private residential property or unenclosed within a building upon nonresidential property within the City of Hayward for a period exceeding 10 days unless it is in connection with an authorized business enterprise located in a properly zoned area maintained in such a manner as to not constitute a public nuisance.
B. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
DISASSEMBLED, INOPERABLE, JUNKED OR WRECKED MOTOR VEHICLES, TRUCK BODIES, TRACTORS, TRAILERS
Motor vehicles, recreational vehicles, truck bodies, tractors, farm machinery or trailers in such state of physical or mechanical ruin as to be incapable of propulsion, being operated upon the public streets or highways or which is otherwise not in safe or legal condition for operation on public streets or highways due to missing or inoperative parts, flat or removed tires, expired or missing license plates or other defects.
INOPERABLE APPLIANCE
Any stove, washer, refrigerator or other appliance which is no longer operable in the sense for which it was manufactured.
MOTOR VEHICLE
As defined in § 340.01(35), Wis. Stats.
UNLICENSED MOTOR VEHICLES, TRUCK BODIES, TRACTORS OR TRAILERS
Motor vehicles, truck bodies, tractors, recreational vehicles or trailers which do not bear lawful current license plates.
C. 
Exceptions.
(1) 
This section shall not apply to any motor vehicle, motor vehicle accessories, appliances or construction materials stored within an enclosed building or on the premises of a business enterprise operated in a lawful place and manner in a properly zoned area when necessary to the operation of such business enterprise, in a storage place or depository maintained in a lawful place and manner, or seasonal use vehicles such as snowmobiles, motorcycles, motor scooters and nonmotorized campers, provided such vehicles are stored in compliance with the Code of the City. Also excepted are motor vehicles registered pursuant to §§ 341.265 and 341.266, Wis. Stats.
(2) 
In other situations, the Common Council may issue a temporary permit permitting an extension not to exceed an additional 30 days' time to comply with this section where exceptional facts and circumstances warrant such extension.
D. 
Enforcement.
(1) 
Whenever the Police Department shall find any vehicles, vehicle parts, appliances, or other refuse, as described herein, placed or stored in the open upon private property within the City, they shall notify the owner of said property on which said vehicle or appliance is stored of the violation of this section. If said vehicles, part thereof or appliance is not removed within five days, the Police Department shall cause to be issued a citation to the property owner or tenant of the property upon which said vehicle or appliance is stored.
(2) 
If such vehicle, vehicle parts, appliances, or other refuse is not removed within 20 days after issuance of a citation, the Chief of Police shall cause the vehicle, vehicle parts, appliances, or other refuse to be removed and impounded, and it may thereafter be disposed of as prescribed in §§ 350-3 through 350-6 by the Chief of Police or his duly authorized representative. Any cost incurred in the removal and sale of said vehicle or appliance may be recovered from the owner. However, if the owner of the vehicle, appliance or refuse cannot readily be found, the cost of such removal shall be charged the to property from which it is removed, which charges shall be entered as a special charge on the tax roll.
E. 
Forfeitures. Any person who shall interfere with the enforcement of any of the provisions of this section and shall be found guilty thereof shall be subject to a forfeiture as provided in general forfeiture provisions of the City of Hayward Code. Each motor vehicle or appliance involved shall constitute a separate offense.
A. 
With respect to this article, issuance of citations under § 66.0113, Wis. Stats., is hereby authorized.
B. 
The Clerk of Circuit Court, Sawyer County, Wisconsin, shall have the authority to accept cash deposits for forfeitures and/or bond pursuant to the schedule set forth below, or as ordered by the Circuit Court for Sawyer County:
(1) 
First alleged offense: $50 plus court costs and court assessments.
(2) 
Second alleged offense (within one year): $100 plus court costs and court assessments.
(3) 
Third alleged offense and subsequent alleged offenses (within one year): $300 plus court costs and court assessments.
C. 
In lieu of the filing of a cash bond and/or deposit as set forth under § 66.0113, Wis. Stats., the City shall have the right to detain the alleged violator to assure appearance of said alleged violator before the Circuit Court for Sawyer County.
D. 
All of the provisions of § 66.0113, Wis. Stats., are hereby incorporated herein by reference and shall be considered to be part of this article in total.
[Adopted 5-13-1996 by Ord. No. 336]
A certain document, three copies of which are on file in the office of the City Clerk/Treasurer of the City of Hayward, being marked and designated as "The BOCA National Property Maintenance Code, Fourth Edition, 1993," as published by the Building Officials and Code Administrators International, Inc., specifically Chapters 1, 2, and 3, are hereby adopted as the Property Maintenance Code of the City of Hayward, in the State of Wisconsin; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said BOCA National Property Maintenance Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this article, with additions, insertions, and deletions and changes, if any, prescribed in § 350-10 of this article.
The BOCA National Property Maintenance Code is amended and revised in the following respects:
A. 
Section PM-101.1 (page 1, second line). Insert: City of Hayward.
B. 
Section PM-106.2 (page 3, third line). Insert: Shall read as follows:
(1) 
Any person, place, corporation, partnership or entity which violates a provision of this code shall upon conviction thereof be subject to a fine as set forth below:
(a) 
First offense: $50, plus applicable court costs.
(b) 
Second offense: $100, plus applicable court costs.
(c) 
Third offense: $200, plus applicable court costs.
(d) 
Fourth offense: $500, plus applicable court costs.
(2) 
Any changes in the amount of the fine shall be made by a resolution adopted by the majority vote of the Common Council of the City of Hayward.
C. 
Section PM-304.12 (page 11, first line) Insert: May 1 to October 1.
The City of Hayward Public Works Director or his or her appointee shall have the authority to enforce this article.