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 City of Neillsville 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 City of Neillsville 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 72 hours, the vehicle shall be deemed abandoned and constitutes a public nuisance.
[HISTORY: Adopted by the Common Council of the City of Neillsville as Secs. 8-4-1 through 8-4-7 of the 1985 Code. Amendments noted where applicable.]
Any vehicle in violation of this chapter shall be removed and impounded until lawfully claimed or disposed of under the provisions of § 402-3.
The provisions of this section shall apply to the removal, storage, notice, reclaimer or disposal of abandoned vehicles.
A.
Removal.
(1)
Any police officer who discovers any motor vehicles, trailer, semitrailer or mobile home on any public street or highway or private or public property in the City of Neillsville 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 Police Chief or his/her designee of the abandonment and of the location of the impounded vehicle.
B.
Storage and reclaimer. Any abandoned vehicle which is determined by the Police Chief or his/her 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 Police Chief or his/her 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 priced, 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. 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 Police Chief or his/her 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 City of Neillsville; 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 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 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 vehicles may be reclaimed.
Any abandoned vehicle impounded by the City of Neillsville 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 I 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 Chief of Police or 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.
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 City against the owner.
In the event of any conflict between this chapter and any other provisions of the City's Code, this chapter shall control.