[Ord. 242, 2006]
No person shall leave unattended any motor vehicle, trailer,
semi-trailer or mobilehome on any public street, highway, private
or public property in the Village of Darien 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
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.
A.
Definitions. For the purpose of this chapter, the following definitions
shall be applicable:
1.
VEHICLE — A motor vehicle, trailer, semi-trailer, or mobilehome,
whether or not such vehicle is registered under Wisconsin Law.
2.
UNATTENDED — Unmoved from its location with no obvious signs
of continuous human use.
3.
STREET — Any public highway or alley and the entire width between
the boundary lines of any public way where any part thereof is open
to public for purposes of vehicular traffic.
B.
Presumptions. For purposes of this section, the following irrefutable
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 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.
C.
Exception. This section shall not apply to a vehicle in an enclosed
building or a vehicle on a premise licensed for storage of junk or
junked vehicles that are fully in compliance with Village zoning regulations,
or to a vehicle parked in a paid parking lot or space where the required
fee has been paid.
[Ord. 242, 2006]
Any vehicle in violation of this chapter shall be removed and
impounded until lawfully claimed or disposed of under provisions of
the subsections of the section.
A.
Removal, Storage, Notice, or Reclaimer of Abandoned Vehicles.
1.
Applicability. The provisions of this section shall apply to the removal, storage, notice, reclaimer, or disposal of abandoned vehicles as defined in Section 8.12.010.
2.
Removal. Any police officer that discovers a motor vehicle, trailer,
semi-trailer, or mobilehome on any public street, highway, private
or public property in the Village of Darien that 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 Chief
of Police or his or her designee of the abandonment and of the location
of the impounded vehicle.
B.
Storage and Reclaimer. Any vehicle which is determined by the Chief
of Police or his or her 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 titled owner and/or secured
party of record with the Wisconsin Motor Vehicle Division, except
that if the Chief of Police or his or her designee determines an abandoned
vehicle to have a value of less than $100, or that the cost of towing
and storage charges and the 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 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 reasons. All substantially complete vehicles in excess of 19
model years of age shall be deemed as 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 or her 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, of the following:
1.
That the vehicle has been deemed abandoned and impounded by the Village
of Darien;
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
day of notice, unless the vehicle has been determined 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, in which case the
vehicle may be reclaimed within seven days upon the payment of the
aforesaid charges; and
5.
That the owner of aforesaid secured party may, upon request, be granted
a hearing relating to the determination made with respect to said
vehicle within the period that such vehicles may be reclaimed.
D.
Disposal of Abandoned Vehicles. Any abandoned vehicle impounded by
the Village of Darien that has not been reclaimed, 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 1 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.
E.
Report of Sale or Disposal. Within five days after the direct sale
or disposal of a vehicle as provided for herein, the Chief of Police
or his or her designee shall advise the State of Wisconsin Department
of Transportation, Division of Motor Vehicle, 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 Village of Darien
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 vehicles shall be
deemed to be abandoned and may be sold again. Any listing of vehicles
to be sold by the Village of Darien 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.
F.
Owner Responsible for Impoundment and Disposal Costs.
1.
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. The Village of Darien against the owner may recover costs
not covered from the sale of the vehicle, in a civil action.
2.
Payment of removal and impoundment costs is not required when the
vehicle has been impounded for purposes of law enforcement investigations.
[Ord. 242, 2006]
In the event of any conflict between this section and any other
provisions of this Municipal Code, this chapter shall control.
[Ord. 242, 2006; amended 7-21-2014 by Ord. No. 286]
A.
Purpose. Damaged, partially dismantled or junk motor vehicles upon
private premises, except where permitted by a valid occupancy permit,
constitute an eyesore and tend to depreciate property values contrary
to the public welfare. Whenever such vehicles are junk motor vehicles
or are partially dismantled, are unsafely elevated, are parked on
unapproved surfaces or are rendered favorable to the harborage of
rodents and insects, they may create a health or safety hazard or
create a threat to the public welfare and as such constitute a public
nuisance.
[Amended 5-20-2019 by Ord. No. 308]
1.
Definitions.
a.
“Inoperable” means a motor vehicle that is incapable
of being propelled under its own power, including, but not limited
to, a motor vehicle meeting any of the following criteria:
d.
“Premises” means all or part of a platted lot, an
unplatted lot or parcel of land or a plot of land either occupied
or unoccupied by any building or structure, equipment or property
of any kind.
e.
“Premises owner” means any person who, alone or
jointly with others, has legal title to any facility or premises with
or without having actual occupancy; or who has charge, care or control
of the facility or premises as owner or agent of the owner or as executor,
administrator, trustee or guardian of the estate of the owner.
f.
"Public view" means storing outside of a fully enclosed code-complaint
building.
g.
"Vehicle" means a motor vehicle as defined in Section 340.01(35),
Wis. Stats.
2.
Certain Vehicles Prohibited. Except where permitted by a valid occupancy
permit, no premises owner or vehicle owner may allow any of the following
in public view on a premises owner's private premises:
a.
A vehicle that is damaged in a manner that would adversely affect
its operation or partially dismantled.
b.
A vehicle that is in a sufficiently deteriorated condition to
constitute a public nuisance.
c.
A vehicle that is unsecured or unsafely elevated on blocks or
other objects.
d.
A vehicle whose condition renders it favorable to the harborage
of rodents or insects.
e.
A vehicle that constitutes an eyesore and tends to depreciate
property values contrary to the public welfare so as to constitute
a public nuisance.
f.
A vehicle that is in such condition or parked in such a way
to render such vehicle a health and safety hazard.
3.
Exceptions. This section shall not apply to any motor vehicle or
motor vehicle accessories stored within an enclosed building, or,
on the premises of a business enterprise, operated in a lawful place
and in a nonnuisance 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
ordinances of the Village of Darien. Also excepted are motor vehicles
registered pursuant to Section 341.265, Wis. Stats. In other situations,
the Village Board may issue temporary permits permitting an extension
not to exceed an additional 30 days' time to comply with this
section where exceptional facts and circumstances warrant such extension.
B.
Enforcement.
1.
Whenever the Police Department believes or has reasonable grounds
to believe any vehicle on private premises is a junk motor vehicle
or is in such condition or parked in such a way so as to render such
vehicle a health or safety hazard or a threat to public welfare, the
Police Department may condemn the vehicle in accordance with the following
procedures:
a.
Notice. The Police Department shall, through personal delivery
or the regular mail, serve written notice on the owner of the premises
at the owner's last known address, if ascertainable.
b.
Format. The notice shall include the street address or legal
description of the premises, a description of the vehicle, an explanation
for the issuance, a statement that the owner of the premises shall
have 14 days to remove or correct the condition of the vehicle, a
statement of the consequences if the Village removes the vehicle,
an explanation of the right to petition the Police Chief for a hearing
within 72 hours and a statement that any vehicle owner or premises
owner who does not file a petition for a hearing waives the right
to assert that the vehicle did not meet the criteria for a vehicle
that is subject to removal under this section.
c.
Hearing. A request for a hearing before the Chief of Police
must be filed within 72 hours from the time notice is sent and be
in writing, explaining why the vehicle should not be removed from
the premises.
d.
Waiver. Whenever a vehicle owner or premises owner does not
file a request for a hearing under Subsection B1c, he or she waives
the right to assert that the vehicle did not meet the criteria for
a vehicle that is subject to removal under this section.
2.
Issuance of Citation. If any vehicle or part thereof, identified
as a junk vehicle under this chapter, is not removed within 14 days
from the time notice is provided to the owner of the premises, the
Police Department shall cause to be issued a citation to the property
owner or tenant of the property upon which said vehicle is stored.
3.
Removal of Vehicle. If such vehicle is not removed within 72 hours after issuance of a citation and no petition for hearing has been filed within 72 hours after the mailing or service of a notice under Subsection B1a, the Chief of Police shall cause the vehicle to be removed and impounded, and it shall thereafter be disposed of as prescribed in Sections 8.12.020A2 through 8.12.020C by the Chief of Police or his or her duly authorized representative. Any cost incurred in the removal and sale of said vehicle may be recovered from the owner of the premises at which the vehicle had been stored, from the owner of the vehicle or may be charged against the premises and assessed as other special charges are, upon notification by the Department to the Village Treasurer.
[Ord. 242, 2006]
Minimum exterior property standards have been adopted for the health, safety, and welfare of the public. The prohibition of litter, rubbish, and debris are defined under Section 15.08.030 of the Darien Municipal Code.
