For the purpose of this article, the following
terms, phrases, words, and their derivations shall have the meaning
given herein. When not inconsistent with the context, words used in
the present tense include the future, words in the plural number include
a singular number, and words in a singular number include the plural
number. The word "shall" is always mandatory and not merely directory.
COMMUNITY DEVELOPMENT DIRECTOR
The Community Development Director of the Village of Pleasant
Prairie, Kenosha County, Wisconsin, or his/her designee.
[Amended 7-20-2020 by Ord. No. 20-19]
FIRST OFFENSE
The first occurrence of a violation of Chapter
234, Article
II, of the Village Code in any calendar year.
[Added 1-23-2023 by Ord. No. 23-06]
JUNK
Includes, but shall not be limited to, appliances, refrigerators,
stoves, furnaces, washing machines, tires, wood, machinery, machinery
parts, or other unsightly debris the condition of which is wrecked,
dismantled, partially dismantled, discarded or inoperative in the
case of appliances.
MOTOR VEHICLE
Any vehicle which is self-propelled and designed to travel
along the ground, and shall include but not be limited to automobiles,
buses, motorbikes, motorcycles, motor scooters, motor homes, trucks,
tractors, go-carts, golf carts, campers, and mopeds.
NUISANCE MOTOR VEHICLE
As defined in Ch. 340, Wis. Stats., shall include any inoperable
or unlicensed or unroadworthy or disassembled or wrecked motor vehicle.
PERSON
Any person, firm, partnership, association, corporation,
company, or organization of any kind.
PRIVATE PROPERTY
Any real property within the Village which is privately owned
and which is not public property as defined in this section.
PUBLIC PROPERTY
Any street or highway, which shall include the entire width
between the boundary lines of every way publicly maintained for the
purposes of vehicular traffic, and shall also mean any other publicly
owned property or facility.
REPEATED OFFENSE
A second or subsequent occurrence of a violation of Chapter
234, Article
II, of the Village Code in the same calendar year that notice was previously provided concerning a violation of this article.
[Added 1-23-2023 by Ord. No. 23-06]
VILLAGE
The Village of Pleasant Prairie, Kenosha County, Wisconsin.
[Amended 7-20-2020 by Ord. No. 20-19]
No person shall park, store, leave, or permit the parking, storing, or leaving of any motor vehicle or recreational vehicle as defined in Chapter
420 of any kind which is in an abandoned, wrecked, dismantled, unlicensed, unregistered, inoperable, rusted, junked, or partially dismantled condition, whether attended or not, upon any public or private property within the Village. The presence of an abandoned, wrecked, dismantled, unlicensed, unregistered, inoperable, rusted, junked or partially dismantled vehicle, or parts thereof, on public or private property is hereby declared a public nuisance which may be abated as such in accordance with the provisions of this article. In addition, violators shall be subject to a municipal citation for a monetary forfeiture. This section shall not apply to any vehicle enclosed within a building on private property or to any vehicle held in connection with a business enterprise lawfully licensed by the Village and properly operated in the appropriate business zone pursuant to the zoning laws of the Village.
[Amended 5-6-2019 by Ord.
No. 19-08; 1-23-2023 by Ord. No. 23-06]
Whenever the existence of any such nuisance as defined in this
article comes to the attention of the Chief of Police or his/her designee,
in the case of a nuisance motor vehicle, or the Community Development
Director or his/her designee, in the case of other accumulations of
junk and unsightly debris, the property owner and/or occupant of the
premises shall be notified in the following manner.
A. First offense. A notice and order shall:
(2) Include a statement of the violation with reference to the applicable
provisions of this article.
(a)
With respect to nuisance automobiles located on private property,
the notice shall contain an order that the occupant shall, within
30 days, repair, assemble, make the vehicle operable and roadworthy
and license any vehicle which may not be licensed or, in the alternative,
place such vehicle in a garage or enclosed structure or remove the
vehicle from the property and place such vehicle within a duly authorized
and licensed sales, repair or salvage business lawfully operating
within a properly zoned area and in compliance with all state and
local laws, rules, regulations, licenses and permits. The notice shall
further advise the owner of the vehicle that if the nuisance is not
corrected, the vehicle is subject to being towed and stored at the
owner's expense and, if not redeemed, disposed of by the tower
as authorized by state law.
(b)
With respect to junk and unsightly debris, the notice shall
contain an order to place such junk in an enclosed structure or remove
it from the premises. The notice shall further advise the owner that
if the nuisance is not corrected, the Village may direct its employees
or its agents to enter onto the subject premises and place the property
in compliance and dispose of the junk and debris, with the costs thereof
being charged to the owner or assessed as a special tax assessment
against the real estate.
(3) Advise the occupant and/or owner that he is additionally subject
to a money forfeiture for each day a violation of this article exists.
B. Repeated offense.
(1) With respect to nuisance automobiles located on private property,
a notice and order shall be provided in the same manner as a first
offense.
(2) With respect to junk and unsightly debris, a notice and order shall
not be required prior to issuing citations; provided that no substantial
change to the ordinance has been made since the first offense.
C. Method of service. Any of the following methods of service are acceptable:
(1) In the case of a nuisance automobile, notice shall be given to the
owner of the motor vehicle by personal service or via regular United
States Mail to the owner's address as shown on the records of
the Wisconsin Department of Transportation and by posting a copy of
the notice on the vehicle.
(2) In the case of junk and debris, notice shall be given to the owner
of record of the real estate where the junk and debris are located
and to the occupant of any building on said property by personal service
or via regular United States Mail. If the property owner cannot be
served as noted above, then said written notice may be given by posting
a copy of the notice on or about the main entrance to the building
of the subject premises.
[Amended 5-6-2019 by Ord.
No. 19-08; 8-16-2021 by Ord. No. 21-18; 8-16-2021 by Ord. No. 21-20; 1-23-2023 by Ord. No. 23-06]
The following procedures or any combination thereof may be utilized
to eliminate the nuisance:
A. Nuisance motor vehicles.
(1) With respect to nuisance motor vehicles upon private property, if
the violation described in the notice has not been remedied within
the thirty-day period for compliance, the Village or its designee
shall have the right to take possession of the nuisance vehicle and
tow it from the premises, with the cost and expense charged to the
owner or assessed as a special tax assessment against the real estate.
Any unclaimed towed vehicles may be disposed of by towers through
means and procedures authorized by law.
(2) Notice of removal. Within 48 hours of the removal of such junked
motor vehicle, the Chief of Police, or their designee, shall give
notice to the registered owner of the vehicle, if known, and to the
owner or occupant of the private property from which the vehicle was
removed that said vehicle or vehicles have been impounded and stored
for violation of this article. The notice shall give the location
where the vehicle or vehicles are stored and the costs incurred by
the Village for the removal.
B. Other junk and debris. With respect to other junk and debris, if
the violation described in the notice has not been remedied within
the time required by the notice, the Village may direct its employees
or its agents to enter onto the subject premises and place the property
in compliance and dispose of the junk and debris, with the costs thereof
being charged to the owner or assessed as a special tax assessment
against the real estate.
C. Additional remedies. Violation of this article is declared to be
a public nuisance. All methods of abatement and enforcement provided
by Chapter 823 Wisconsin Statutes ("Nuisances") are authorized and
incorporated herein. As to any nuisance described herein, in addition
to, but not exclusive or prejudice of such other remedies as may apply,
the Village may issue a municipal citation to the owner or occupant
for violation of this article which, upon conviction, would subject
the owner or occupant to a forfeiture of $500 plus court costs, for
each day the violation remains in existence.