[HISTORY: Adopted by the Town Board of the Town of Lowell 4-1-2004 as Title 10, Ch. 4, of the 2004 Code of Ordinances. Amendments noted where applicable.]
The regulations contained in this chapter are enacted under the Town's general police powers to protect public health and safety and are limited in application to those properties primarily residential in use.
As used in this section:
ABANDONED MOBILE HOME OR TRAILER
One which has not been used or occupied, or which due to dilapidated condition cannot be occupied in a healthful manner, within the past 365 days.
ADMINISTRATIVE RULE
Specific requirements that may be created to regulate storage of unlicensed vehicles:
A. 
Number of vehicles (not to exceed more than three per residential unit).
B. 
Size of enclosure (height, width, etc.).
C. 
Color.
D. 
Type of material.
E. 
Location.
F. 
Restriction to certain zones only.
G. 
Other.
APPLICATION
A written form upon which a request is made for a permit.
ENCLOSURE
Type of construction required to hide and harbor vehicles from public view, excluding tarps. The Town Board shall have sole authority to determine the adequacy of enclosures required under this chapter, which may be a structure, fence, vegetative screening, or other type of acceptable enclosure.
LICENSED
Any license that is required to be carried by any motor-driven vehicle when driven, used, or propelled upon the public highway.
MOTOR VEHICLE
Any vehicle that is or may be propelled upon the public highway, including, without limitation, automobiles, trucks, recreational vehicles, and buses.
OWNER
Considered to be the person(s) who occupies the premises and who may or may not be the responsible person(s) harboring such unlicensed motor vehicle.
PERMIT
The written authority given by the Town Board to allow storage of unlicensed motor vehicles. Conditions may be attached to the issuance of such permits.
SALVAGE DEALERS
As regulated by § 175.25, Wis. Stats.
STORAGE
Placement of a vehicle upon real property described in Town assessment and tax roll.
UNLICENSED MOTOR VEHICLE
One which is required to be licensed by the State of Wisconsin Department of Transportation when driven or propelled upon a public road, but is not so licensed. For purposes of this chapter, the term shall also mean any inoperable or disassembled motor vehicle (regardless of licensing), inoperable appliances or heavy equipment, and abandoned, inoperable or uninhabitable mobile homes or trailers, regardless of being licensed. Farm machinery stored on agricultural lands shall be excepted from this definition and the regulations of this chapter.
ZONED; ZONING
Any land use control ordinance (county or Town) that may be in force.
A. 
No unlicensed motor vehicle shall be permitted to be stored, harbored or held within a front yard or unenclosed elsewhere upon any residential parcel of property in the Town of Lowell without a proper permit issued by the Town Board for that purpose. The annual fee for such permit shall be as prescribed in accordance with the Town Board's current Fee Schedule.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
The Town Board is authorized to issue permits to store unlicensed motor vehicles upon a residential parcel of property when certain enclosure requirements have been met.
C. 
The type of enclosure to keep such stored material or unlicensed motor vehicle from the general view of a passing person shall be determined by the Town Board and may be attached to the permit as a binding condition of permit issuance.
A. 
A written permit to store unlicensed motor vehicle(s) may be issued upon proper application having been made, but only after the applicant has met all the requirements of any ordinance or resolution in force at the time the application is made, including the type of enclosure deemed necessary to be constructed, erected and maintained by the owner or occupant of the property.
B. 
A written permit form shall be furnished when a permit has been authorized, to be issued by the Town Board.
C. 
Written application forms shall be furnished to any person(s) upon request.
D. 
Applications for an unlicensed vehicle storage permit shall be filed with the Town Clerk at least 10 days prior to the next regular scheduled meeting of the Town Board.
E. 
Any application for an unlicensed motor vehicle storage permit shall be acted upon within 60 days after it was filed with the Town Clerk.
F. 
If the permit is issued, such permit shall be issued for a period of one year.
G. 
If the permit is denied, the permit will not be issued and the Town Board shall cause the applicant to be aware of such denial.
H. 
An annual permit fee of $50 shall be required to be paid into the Town treasury before any permit is actually issued.
I. 
An application for such unlicensed motor vehicle permit shall be required annually.
J. 
An application for an unlicensed motor vehicle permit must bear the signature of either the owner or occupant of the property upon which the permit will be issued.
A. 
Whenever an authorized Town official shall, upon inspection of any residential premises within the Town of Lowell, find that there is deposited, placed, stored or remaining on said premises any item in violation of this section which is unhealthy, hazardous or unsightly or which is detrimental to the appearance, neatness and cleanliness of the immediate neighborhood or the Town of Lowell in general, such official shall issue his/her written order to the owner and/or occupant of the premises to remove said unhealthy, hazardous or unsightly materials or things.
B. 
Said written order shall provide that such removal shall be accomplished within 30 days after service of said order upon the owner or occupant of the premises involved. Such written order shall specify and describe the material, vehicles or things to be removed.
C. 
Prosecution of violators under this section shall not preclude other enforcement actions allowed by law, including other actions under this Code.
Any person feeling himself/herself aggrieved by any order of a Town official under this section may, within 10 days from the date of receipt of such order, appeal such order to the Town Board.
A. 
The enforcement of this section shall be the responsibility of the Town Board or any person the Town Board may assign to such duty or responsibility.
B. 
Inspection of an enclosure facility may be executed each year before the next year's annual permit is acted on by the Town Board.
A. 
A permit to store unlicensed motor vehicles on a residential property may be revoked at any time it is determined that such permit holder is not in compliance with the terms of this section and/or the amendment or resolution for maintaining proper storage enclosures.
B. 
Any owner, occupant, or person(s) violating any provisions of this chapter and/or its amendments and resolutions shall forfeit a sum of money prescribed by § 1-3, plus court costs, and in default thereof be imprisoned in the county jail for a period not in excess of 10 days. Each violation and each day a violation continues or occurs shall constitute a separate offense. In the alternative and/or in addition to a forfeiture as prescribed by § 1-3, the Town Board or designee may cause the unlicensed motor vehicle, or other violating item, to be removed and thereafter disposed of. Any cost incurred in the removal and sale of said violating item shall be recovered from the property owner. If such costs are not paid, the cost of such removal shall be charged to the property from which it is removed, which charges shall be entered as a special charge on the tax roll.