[Amended 11-11-2019 by Ord. No. 07-19]
The purpose and intent of this article is to protect the health,
safety and welfare of Village residents and eliminate the inappropriate
and unnecessary keeping and storage of inoperable motor vehicles,
motor vehicles accessories and junk on public and private property.
For the purpose of this article, the following definitions shall
be applicable:
State of Wisconsin Department of Transportation.
Any motor vehicle which satisfies one or more of the following
criteria:
That is partially dismantled or wrecked;
That is not operable;
That is unlicensed;
That could not be safely or legally operated on a highway;
That has become a habitat for rodents, vermin or insects; or
That in any other way constitutes a threat to public health,
safety and welfare.
Items such as bottles, rags, paper and paper products, tires,
barrels and other containers, inoperable appliances and other materials,
including but not limited to worn out or discarded materials, whether
owned, abandoned, purchased or donated and whether they are being
kept or stored for purposes for sale or resale or for other purposes.
A vehicle designed to be towed on a highway by a motor vehicle
and equipped and used, or intended to be used, primarily for human
habitation.
Any self-propelled land vehicle which can be used for towing
or transporting people, animals or materials, including but not limited
to automobiles, trucks, buses, motorized campers, motorcycles and
motor scooters.
Any part or parts of any motor vehicle.
Includes all natural persons, partnerships, corporations,
and other forms of association.
Any real property not owned by the federal government, state,
county, city, school board or other public subdivisions.
The person shown on record to be the owner of the real property
on which the inoperable motor vehicles, motor vehicle accessories
or junk are located.
All Village, county, and state highways, streets and alleys
and the entire rights-of-way thereof.
Real estate owned by the Village, county, state, or another
governmental entity.
The physical relocation of or destruction of or disposal
of an inoperable motor vehicle, motor vehicle accessories or junk
in a manner consistent with applicable state and federal laws and
regulations and county and municipal ordinances.
A vehicle of the trailer type so designed and used in conjunction
with a motor vehicle that some part of its own weight and that of
its own load rests upon or is carried by another vehicle but does
not include a mobile home. A vehicle used with a ready-mix motor truck
to spread the load is considered a semitrailer.
A vehicle without motive power designed for carrying property
or passengers wholly on its own structure and for being drawn by a
motor vehicle but does not include a mobile home.
A.
It shall
be unlawful for any person or property owner to keep or maintain upon
or to allow any other person to keep or maintain upon real property
under his/her control any of the following: junk, motor vehicle accessories
or inoperable motor vehicles at any time.
B.
No person,
having been notified by the Village of the necessity of the removal
of any inoperable motor vehicle, motor vehicle accessories or junk
from private property, shall physically relocate or dispose of or
destroy the same in violation of state or federal laws or regulations
or county or municipal ordinances.
This article shall not apply to any inoperable motor vehicle, motor vehicle accessories or junk stored within an enclosed building or on the premises of a business enterprise operated in a lawful place and manner and in accord with Village zoning regulations when necessary to the operation of such business enterprise in a storage place or depository maintained in a lawful place and manner. Such business enterprises shall include auto junk and salvage yards, auto repair and auto body shops but shall not include automobile service stations or tire, battery and accessory sales stores. The Village may require auto junk and salvage yards, auto repair and auto body shops to provide screening in accordance with Chapter 595, Zoning, of this Code.
Any person found in violation of the provisions of this article
shall be given written notice by the Village Clerk or that person's
designee requiring compliance with the provisions of this article.
The notice shall include a description of the inoperable motor vehicle(s),
motor vehicle accessories or junk, the location or address of the
item(s) in violation, and that failure to comply with the provisions
of this article may result in forfeitures being assessed or other
relief being pursued. The notice shall specify a time period for compliance,
not to exceed 10 days. Additionally, the notice shall inform the violator
that removal from the specified location to another location upon
which such storage is not permitted is prohibited and shall subject
the person to additional penalties. Notice is not required for second
and subsequent violations of the same inoperable motor vehicle(s),
motor vehicle accessories or junk occurring within a one-year period
of the first violation of this section.
[Amended 6-13-2022 by Ord. No. 22-03]
In the event that, upon inspection, it appears as if an accumulation
of inoperable motor vehicles or junk has resulted in the breeding
or presence of rats or other vermin or has caused a health hazard,
a referral may be made by the Police Department or the Village Board
or their designee(s) to the Burnett County Health Department.
A.
In addition to the restrictions set forth under § 415-6, Storage prohibited, and § 415-7, Storage permitted, above, no person shall leave unattended any motor vehicle, trailer, semitrailer or mobile home on any public highway or public property for such time and under such circumstances as to cause the vehicle to appear to be abandoned. It shall be presumed, for purposes of this section, that any such vehicle that has been left unattended on public property for more than 48 hours is abandoned and constitutes a public nuisance.
B.
Any vehicle
in violation of this section may be impounded until lawfully claimed.
C.
Representatives
of the Police Department who discover any motor vehicle, trailer,
semitrailer, or mobile home on any public highway or public property
which has been abandoned shall cause the vehicle to be removed to
a suitable place of impoundment. Upon removal, the law enforcement
officer shall notify the Chief of Police of the abandonment and the
location of the impounded vehicle.
D.
The owner
of an abandoned vehicle, except a stolen vehicle, is responsible for
the abandonment and all costs of impounding.
A.
At its option, the Village may seek a forfeiture as provided in § 1-4, Violations and penalties, of this Code or seek an order of abatement from the Circuit Court in the form of an injunctive order for each violation of this article. Each day a violation continues may be a separate offense for purposes of assessment of a forfeiture.
B.
Citations
for second and all subsequent offense violations for the storage of
junk or inoperable junk vehicles shall have a minimum forfeiture of
$100 plus costs imposed.
C.
In addition
to any other penalty imposed by this article for the erection, contrivance,
creation, continuance or maintenance of a property maintenance violation,
all costs incurred by the Village to abate any violations shall be
assessed as a special tax against the property.
