[HISTORY: Adopted by the Village Board of the Village of
Salem Lakes at time of adoption of Code (see Ch. 1, General Provisions,
Art. II). Amendments noted where applicable.]
The provisions of this chapter shall apply to all vehicles which
are stored on either public or private property that are inoperative,
abandoned, junked or otherwise in such condition as to be deemed to
be nuisance vehicles as defined herein.
As used in this chapter, the following terms shall have the
meanings indicated:
An inoperable, unlicensed, unroadworthy, disassembled, wrecked,
stripped-of-parts, or junked vehicle, or any other vehicle not in
compliance with Chs. 341 and 347, Wis. Stats., and Ch. Trans 305,
Wis. Adm. Code, as may be amended from time to time. The definition
shall also include inoperable, unseaworthy boats of all types. A vehicle
for which a license application has been made is deemed a licensed
vehicle if proof of application is prominently displayed on the front
windshield. Indication of a nuisance vehicle may include, but shall
not be limited to, the following:
A vehicle without a window or windows.
A vehicle with broken windows.
A vehicle with flat tires.
A vehicle without a motor, if it is a vehicle as defined in
Ch. 340, Wis. Stats., or as that chapter may, from time to time, be
amended.
A vehicle with one or more wheels not installed.
A vehicle lacking one or more structural parts such as fenders,
hood, or bumpers.
A boat in such an obvious state of disrepair and condition as
to make it unseaworthy, and/or if equipped with an inboard or outboard
motor, such motor and control apparatus are inoperable.
A boat of such type and size as would require registration, not displaying evidence of current registration and being otherwise in the condition stated in Subsection G above.
The individual owner of the vehicle in question or the owner,
tenant or occupant of the premises upon which a vehicle is located.
The keeping of a vehicle as defined herein on private property
outside of a garage or other permanent enclosure when not in frequent
use for the purpose intended.
Any mobile home, moped, motor bicycle, motor bus, motorcycle,
motor-driven cycle, motor home, motor truck, automobile, trailer,
boat, boat trailer, camping trailer, recreational vehicle or any other
vehicle as defined in Ch. 340, Wis. Stats., as may be amended from
time to time.
A.
It shall be unlawful for any person, party, firm or corporation to keep, place or store any nuisance vehicle outside of a garage or enclosed structure unless that placement or storage is in conjunction with a duly authorized and licensed auto sales, repair or salvage business complying with Chapter 490, Zoning and Shoreland/Floodplain Zoning, of this Code and all other state and local laws, rules, regulations, licenses and permits.
B.
It shall be unlawful for any person, party, firm, or corporation to engage in the seasonal or long-term storage of any vehicle, nuisance or otherwise, within the setback lines of any lot or parcel of land in the Village of Salem Lakes, as such setback lines are established by Chapter 490, Zoning and Shoreland/Floodplain Zoning, of this Code.
C.
Any such violation shall be deemed to be a public nuisance and the
owner, as defined herein, shall be responsible for the abatement thereof.
A.
Whenever the Building Inspector or a code enforcement officer shall
find any nuisance vehicle placed or stored in violation of this chapter
within the Village of Salem Lakes, he or she shall attach a warning
notification sticker, of a form approved by the Village Board, to
the vehicle in a prominent place. The Building Inspector or a code
enforcement officer shall prepare written notice to the property owner
and to the vehicle owner, if he or she can be found, and to the occupants
or tenants of the property, if they can be found, to correct the violation.
The officer shall make not fewer than two attempts to serve the notice
either by certified mail or by personal service to the person named
on the notice or to a responsible person of at least 16 years of age
residing at the residence of the person named in the notice if the
residence is within the Village of Salem Lakes. If service is not
accomplished by any of these methods, the notification sticker affixed
to the vehicle shall be deemed to be sufficient notice.
B.
In the event that said vehicle is not removed within 10 days of notice,
the Building Inspector or a code enforcement officer shall have the
vehicle removed to a licensed salvage yard or approved storage facility
and the cost of removal shall be paid jointly and severally by the
owner or occupant of the property upon which the vehicle had been
placed or stored and by the owner of the vehicle.
C.
In the event said vehicle is not claimed within 10 days after being placed in storage, it may be sold in accordance with the provisions of § 474-6 of this chapter relating to abandoned motor vehicles.
D.
The provisions of this section pertaining to the service of a ten-day
notice of violation shall not apply and no ten-day notice shall be
required if the property owner, vehicle owner or other responsible
party was served a ten-day notice for the same or similar violation
within the preceding 12 months, whether or not such prior violation
was abated. Any such property owner, vehicle owner or other responsible
party shall be subject to forfeiture as provided herein commencing
on the date of violation. Each day the violation continues thereafter
shall constitute a separate offense and the violator shall be subject
to a separate forfeiture therefor.
A.
No person shall abandon or leave unattended any motor vehicle, trailer,
semitrailer, motor home, mobile home or other vehicle as defined in
Ch. 340, Wis. Stats., as may be amended from time to time, on any
public highway or public or private property for such time, and under
such circumstances, that the vehicle reasonably appears to have been
abandoned. Any vehicle that has been left unattended on private property
without the permission of the property owner for more than 24 hours
within the Village of Salem Lakes shall be deemed abandoned, except
that a motor vehicle on private property shall not be considered an
abandoned motor vehicle when it is out of ordinary public view or
when, after investigation by the Building Inspector or a code enforcement
officer, the vehicle has been designated as not abandoned.
B.
Any vehicle in violation of this section or § 474-4 above shall be deemed a public nuisance and shall be impounded until lawfully claimed or disposed of as hereinafter set forth, except that if the Building Inspector or a code enforcement officer determines that the cost of towing and storage charges for the impoundment would exceed the value of the vehicle, the vehicle may be junked or sold by the Village of Salem Lakes prior to the expiration of the impoundment period, upon determination by the Sheriff of Kenosha County, or any other law enforcement official having jurisdiction, that the vehicle is not stolen or otherwise wanted for evidence or for any other reason. All substantially complete vehicles in excess of 19 model years of age shall be disposed of in accordance with § 474-6 of this chapter.
C.
Any vehicle which shall be deemed abandoned and not otherwise disposed
of shall be retained in storage for a minimum period of 10 days after
notice by certified mail or personal service has been sent to the
owner and any lienholder of record to permit reclamation of said vehicle
after payment of all accrued charges. Said notice shall contain the
following information:
(1)
Year, make, model and serial number of the vehicle.
(2)
Place where the vehicle is being held.
(3)
That failure of the owner or lienholders to exercise the right of
reclamation under this section shall be deemed a waiver of all right,
title and interest in said vehicle and a consent to the sale of the
vehicle.
D.
As used in Subsection A above, the term "out of ordinary public view" as it pertains to vehicles which are nuisance vehicles as defined in § 474-2 above or to abandoned vehicles as described in Subsection A above shall not include the covering or screening of such vehicles with tarpaulins or other makeshift or temporary coverings of any type. Subject to the other provisions hereof, operable licensed vehicles may be stored on private property with or without suitable coverings. "Suitable coverings" shall mean those coverings designed for the specific purpose of protecting a vehicle from the elements such as a boat or snowmobile cover.
A.
In the event that the vehicle is not reclaimed by an owner or lienholder, the Village shall dispose of the vehicle by sealed bid, and the Village shall accept the highest bid for any such abandoned motor vehicle, always provided that, if said bid is deemed inadequate by the Village President or by a duly authorized Village representative, all bids may be rejected. In the event that bids are rejected, or no bid shall be received, the Village President or duly authorized Village representative may, at his discretion, order the vehicle readvertised for bid opening at a date certain or sell the motor vehicle at a private sale or as a junk motor vehicle. Notice of sealed bids shall be by advertising as a Class 1 notice and by posting in not fewer than five places throughout the Village of Salem Lakes in the same manner as ordinances and resolutions are posted. Notices of sale shall be in the same form as the certified mail notice sent to the owner or lienholders of record. Upon sale of said abandoned vehicle, the Village Clerk shall supply the purchaser with a completed form designated by the Motor Vehicle Division of the Department of Transportation enabling the purchaser to obtain a regular certificate of title for said vehicle. The purchaser shall have 10 days to remove said vehicle from the storage area and shall pay such charges for storage as may be established by the Village or the owner of the premises to which the abandoned vehicle shall be removed for each day that said vehicle remains in storage after the second business day subsequent to the sale. Ten days after said sale, the purchaser shall forfeit all interest in the vehicle, and the vehicle shall be deemed abandoned and may be sold again by the same procedure as set forth in this chapter. Sales may be to any interested person, and any listing of vehicles to be sold by the Village of Salem Lakes shall be made available to any interested person or organization which makes written request for such list to the Village Clerk and upon the payment of a fee as provided in Chapter 272, Fees, § 272-6, for each such list.
B.
Within five days after the sale or disposal of an abandoned vehicle,
as provided in this chapter, the Village Clerk shall advise the Motor
Vehicle Division of the sale or disposition on a form supplied by
the Motor Vehicle Division.
C.
Upon the sale of said vehicle, the proceeds thereof shall be used
to pay the cost of towing and impoundment, the cost of notification
and advertising, and such other cost as may be incidental to disposing
of said vehicle. The excess thereof shall be held by the Village Treasurer
for reclamation by the owner upon filing a property claim therefor
and paying all fines or forfeitures that may be imposed for violation
of this chapter or any other ordinance, and in the event that the
proceeds from said sale are not sufficient to pay the cost of towing,
impoundment, advertising and related costs, the Village of Salem Lakes
may recover any deficiencies in a civil action against the owner of
said abandoned vehicle.
Any person who shall violate any provision of this chapter shall be subject to the penalty provided in § 1-4 of this Code.
