Any vehicle in violation of this chapter shall be removed and impounded until lawfully claimed or disposed of under the provisions of §
328-3.
The provisions of this section shall apply to the removal, storage,
notice, reclaimer or disposal of abandoned vehicles.
A. Removal.
(1) Any law enforcement 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 which has been abandoned shall cause
the vehicle to be removed to a suitable place of impoundment.
(2) Upon removal of the vehicle, the law enforcement officer shall notify
the County Sheriff or his designee of the abandonment and of the location
of the impounded vehicle.
B. Storage and reclaimer. Any abandoned vehicle which is determined
by the County Sheriff 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 Division of Motor
Vehicles, except that if the County Sheriff 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 Division of Motor Vehicles, provided
that it is first determined that the vehicle is not reported stolen
or wanted for evidence or other reason. 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 County
Sheriff or his 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
Division of Motor Vehicles, if any, that the vehicle has been deemed
abandoned and impounded by the Village; the determined value of the
abandoned vehicle or if the cost of towing and storage charges will
exceed the determined value of the vehicle; 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 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 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 vehicle 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.
Class 1 notice, including the description of the vehicle, 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 County Sheriff 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.
In the event of any conflict between this chapter and any other
provisions of the Code, this chapter shall control.