[HISTORY: Adopted by the Village Board of the Village of
Monticello as Title 10, Ch. 5, of the 1989 Code of Ordinances. Amendments
noted where applicable.]
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 Village of
Monticello 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 Village of Monticello 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.
STREET
UNATTENDED
VEHICLE
Definitions. For purposes of this chapter, the following definitions
shall be applicable:
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.
Unmoved from its location with no obvious sign of continuous
human use.
A motor vehicle, trailer, semitrailer, semitractor 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 Village 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 chapter shall be removed and impounded until lawfully claimed or disposed of under the provisions of § 335-3.
A.
Applicability. The provisions of this section shall apply to the removal, storage, notice, reclaimer or disposal of abandoned vehicles as defined in § 335-1.
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 Village of Monticello 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 Village
of Monticello;
(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 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.
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 Village 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 Village 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 Village 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.
In the event of any conflict between this section and any other
provisions of this Municipal Code, this chapter shall control.
A.
Storage of motor vehicles and appliances restricted. No disassembled,
inoperable, unlicensed, junked or wrecked motor vehicles, truck bodies,
tractors, trailers, farm machinery or appliances shall be stored upon
private residential property or unenclosed within a building upon
nonresidential property within the Village 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.
DISASSEMBLED, INOPERABLE, JUNKED OR WRECKED MOTOR VEHICLES,
TRUCK BODIES, TRACTORS OR TRAILERS
INOPERABLE APPLIANCE
MOTOR VEHICLE
UNLICENSED MOTOR VEHICLES, TRUCK BODIES, TRACTORS OR TRAILERS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
Is defined as any stove, washer, refrigerator or other appliance
which is no longer operable in the sense for which it was manufactured.
Is defined in § 340.01(35), Wis. Stats.
Motor vehicles, truck bodies, tractors, recreational vehicles
or trailers which do not bear lawful current license plates.
C.
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
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 Village of
Monticello. Also excepted are motor vehicles registered pursuant to
§§ 341.265 and 341.266, Wis. Stats. In other situations
the Village Board may issue temporary permits permitting an extension
of 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 or appliances,
as described herein, placed or stored in the open upon private property
within the Village, they shall notify the owner of said property on
which said vehicle or appliance is stored of the violation of this
section. If said vehicle 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 on which said vehicle or appliance
is stored.
(2)
If such vehicle or appliance is not removed within 20 days after issuance of a citation, the Chief of Police shall cause the vehicle or appliance to be removed and impounded, and it shall thereafter be disposed of as prescribed in §§ 335-3 through 335-6 by the Chief of Police or his duly authorized representative. Any cost incurred in the removal and sale of said vehicle or appliance shall be recovered from the owner. However, if the owner of the vehicle or appliance cannot readily be found, 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.
