The following terms shall have the meanings indicated:
The specific requirements that may be created to regulate
the storage of unlicensed motor vehicles:
A written form upon which a request is made for a permit.
The type of construction required to hide and harbor vehicles
from public view.
Any abandoned, disassembled, dismantled, inoperable, or wrecked
instrument by which someone travels or something is conveyed, either
by wheels, runners, or tracks.
Any license that is required to be carried by any motor driven
vehicle when driven, used or propelled upon the public highway.
Considered to be the person or persons who occupy the premises
and who may or may not be the responsible person or persons to harbor
such unlicensed motor vehicle.
The written authority given by the Board to allow storage
of unlicensed motor vehicles.
Dealers regulated by Wis. Stats. § 175.25.
The placement of a vehicle upon real property described in
Village assessment and tax role.
A vehicle required to be licensed by the State Department
of Transportation when driven or propelled upon a public road, but
is not so licensed.
Any land use control ordinance, county or Village, that may
be in force.
No unlicensed motor vehicle shall be permitted to be stored,
harbored, or held upon any parcel of property in the Village without
a proper permit issued by the Board for that purpose.
The Board is authorized to issue permits to store unlicensed
motor vehicles upon a parcel of property when certain enclosure requirements
have been met. (Enclosure requirements shall be established by an
administrative rule or zoning ordinance adopted by the Board.) The
type of enclosure to keep stored material from the general view of
a passing public shall be predetermined by the Board and may be attached
to this section as an amendment or administrative rule.
(1)
No person or entity shall leave unattended any motor vehicle, trailer,
semi-trailer, boat, mobile home, or other similar type of property
on any public street or highway or public or private property for
such time and under such circumstances as to cause the vehicle or
property to reasonably appear to have been abandoned. When any such
vehicle or property has been left unattended as aforesaid without
permission of the Village or property owner for more than 24 hours,
the vehicle or property is deemed abandoned and constitutes a public
nuisance.
(2)
Any police officer having jurisdiction, who discovers any vehicle
or property on any public or private property which has been abandoned,
shall cause the vehicle or property to be removed to a suitable place
of impoundment.
No junked vehicle, or parts thereof, may be stored outside any
building on any property located in the Village without a proper permit
issued by the Board for that purpose. No person shall leave any junked
vehicle on any street, highway or other public property within the
Village. No person in charge or control of any private property within
the Village, whether as owner, tenant, occupant or otherwise, shall
allow junked vehicles to remain on such property for more than one
day. The Board is authorized to issue permits to store junked vehicles
upon a parcel of such property when certain requirements have been
met. These requirements shall be established by administrative rule
or zoning ordinance adopted by the Board. Such administrative rules
shall govern the enclosure of junked vehicles for the purposes of
storing junked vehicles from the general view of the passing public.
(1)
A written permit to store an unlicensed or junked vehicle shall be
issued upon proper application having been made and only after the
applicant has met all the requirements of any administrative rule
or zoning ordinance in force at the time the application is made as
to the type of enclosure deemed necessary to be constructed, erected,
and maintained by the owner or occupant of the property.
(2)
A written permit form shall be furnished when a permit has been authorized
to be issued by the Board.
(3)
Written application forms shall be furnished to any person upon request.
(4)
Applications for an unlicensed vehicle storage permit or junked vehicle
storage permit shall be filed with the Clerk at least 10 days prior
to the next regularly scheduled meeting of the Board.
(5)
Any application for an unlicensed motor vehicle storage permit or
junked motor vehicle storage permit shall be acted upon within 60
days after it was filed with the Clerk.
(6)
If the permit is issued, it shall be issued for a period of six months.
(7)
If the permit is denied, the Board shall notify the applicant of
such denial.
(8)
An annual permit fee as set from time to time by resolution of the
Board shall be paid into the Treasury before the permit is actually
issued.
(9)
An application for an unlicensed motor vehicle storage permit or
junked motor vehicle storage permit may be required annually.
(10)
An application for an unlicensed motor vehicle storage permit or
junked motor vehicle storage permit shall bear the signature of either
the owner or occupant of the property for which the permit is being
sought.
(1)
Inspection of an enclosure facility may be executed each year before
the next year's annual permit is acted on by the Board.
(2)
Revocation of Permit. A permit to store unlicensed or junked vehicles
may be revoked at any time that it is determined that the permit holder
is not in compliance with the terms of this section and administrative
rules, and/or zoning ordinance, for maintaining property storage enclosures.
(3)
Removal and Impoundment. After notice to the owner, any vehicle in
violation of this subsection may be impounded until lawfully claimed
or disposed of under Section 12.35(4)(c) below; except if the Board
or its designee determines that the costs of towing and storage charges
of impoundment would exceed the value of the vehicle, the vehicle
may be junked by the Village prior to expiration of the impoundment
period upon determination by the Board or its designee that the vehicle
is not wanted for evidence or any other reason.
(4)
Disposal.
(a)
Vehicles or Parts Thereof Exceeding $100 in Value.
1.
If the Board or its designee determines that the value of any
abandoned vehicle exceeds $100, the owner and lien holders of record
shall be notified by certified mail that the vehicle has been deemed
abandoned and impounded by the Village and may be reclaimed within
15 days upon payment of accrued towing, storage and notice charges
and if not reclaimed, shall be sold.
2.
If an abandoned vehicle exceeding $100 in value is not reclaimed within the period and under the conditions provided in Section 12.35(4) above, it may be sold by sealed bid or at auction. If no satisfactory bid is received, the vehicle may be sold at private sale.
3.
After deducting the expenses of impoundment and sale, the balance
of the proceeds, if any, shall be paid to the Village treasury.
(b)
Vehicles or Parts Thereof Less than $100 in Value. Any abandoned
vehicle which is determined by the Board or its authorized representative
to have the value of less than $100 may be disposed of by direct sale
to a licensed salvage dealer upon determination that the vehicle is
not reported stolen.
(5)
Owner Responsible for Impoundment and Sale Costs. 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,
provided no costs shall be imposed without notice thereof to the owner
and an opportunity for the owner to be heard. Costs not recovered
by the sale of the vehicle may be recovered in a civil action by the
Village against the owner.
(6)
Notice of Sale or Disposal. Within five days after the sale or disposal of a vehicle as provided in Section 12.35(4), the Board or its designee shall advise the State Department of Transportation, Division of Motor Vehicles, of the sale or disposal on a form supplied by the division. A copy of the form shall be given to the purchaser of the vehicle and a copy shall be retained on file in the Village.
(7)
Public Nuisance. Nothing in this section shall be construed as prohibiting
the abatement of a public nuisance by the Village or its officials
in accordance with the laws of Wisconsin.
