[Adopted 5-13-2003 (§ 10.13 of the 1986 Code)]
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- ABANDONED MOTOR VEHICLE
- A motor vehicle that, through disuse and/or failure to be used, remains in one location for a period of 10 consecutive days or more, or a motor vehicle that has been reported as stolen to any police department, or a motor vehicle that does not have affixed a current motor vehicle license.
- JUNKED MOTOR VEHICLE
- Any motor vehicle that is partially dismantled or wrecked and/or is inoperable or cannot be safely or legally operated.
- MOTOR VEHICLE
- Any self-propelled land vehicle that can be used for towing or transporting people or materials, including but not limited to automobiles, trucks, buses, motorized campers, motorcycles, motor scooters, tractors and snowmobiles.
- MOTOR VEHICLE ACCESSORY
- Any component part or parts of a motor vehicle.
- PRIVATE PROPERTY
- Any real property not owned by the federal government, state, county, city, village, town, school board or other public subdivision.
- The physical relocation of a motor vehicle to an authorized location.
No person owning or having custody of any abandoned motor vehicle, junked motor vehicle, or motor vehicle accessory shall store any such vehicle or accessory, or permit any such vehicle or accessory to remain, on any private property within the Village, and no person owning any private property in the Village, as determined from the tax assessment records of the Village, shall store any such vehicle or accessory or permit any such vehicle or accessory to remain on such private property. Such storage is declared to be a public nuisance and may be abated or removed and penalties imposed as provided in this article. No such person shall be deemed to have violated this subsection until the expiration of the seventy-two-hour period provided for in § 166-8C.
No person, after notification to remove any abandoned motor vehicle, junked motor vehicle or motor vehicle accessory from any private property has been given pursuant to this article, shall move the same to any other private property upon which such storage is not permitted or onto any public highway or other public property. Whenever the Chief of Police or any member of his/her Department shall find or be notified that any such vehicle or accessory have been so removed, a seventy-two-hour notice shall be given in the manner provided in § 166-8C and the same removed as provided in § 166-9. In addition, penalties may be imposed as provided in this article.
This article shall not apply to any motor vehicle or motor vehicle accessory lawfully stored within an enclosed building.
Investigation. The Police Department on routine patrol or upon receipt of a complaint may investigate a suspected abandoned motor vehicle, junked motor vehicle or motor vehicle accessory and record the make, model, style and identification numbers and its situation.
Initial notice of removal. Whenever the Chief of Police or any member of his/her Department shall find or be notified that any abandoned motor vehicle, junked motor vehicle or motor vehicle accessory has been stored or permitted to remain on any private property within the Village in violation of § 166-6A, the Police Department shall serve notice upon the owner of record of such motor vehicle or accessory, if such owner can be ascertained by the exercise of reasonable diligence, and also upon the owner of the private property, as shown on the tax assessment records of the Village, on which the same is located, to remove the abandoned motor vehicle, junked motor vehicle or motor vehicle accessory within 48 hours. Such notice shall also contain the following additional information:
Nature of complaint.
Description and location of the motor vehicle and/or motor vehicle accessory.
Statement that the motor vehicle or motor vehicle accessory shall be removed from the premises no later than 48 hours from the date of notification.
Statement that removal from the location specified in the notification to another location upon which such storage is not permitted is prohibited and shall subject the person to additional penalties.
Statement that if removal is not made within the time limits specified, notification shall be given to the Police Department.
Statement that penalties may be imposed for noncompliance with such notice.
Final notice of removal. After the expiration of the forty-eight-hour time period specified in Subsection B, the Police Department shall place a final notice in a conspicuous place on the motor vehicle or motor vehicle accessory setting forth the date of final notice and specifying that unless the vehicle is removed to a lawful place of storage within 72 hours it will be removed under the authority of this article.
If any abandoned motor vehicle, junked motor vehicle or motor vehicle accessory is not removed within the time period specified in the final notice under § 166-8C, the Chief of Police or any member of his/her Department is hereby authorized to remove the abandoned motor vehicle, junked motor vehicle or motor vehicle accessory pursuant to § 342.40, Wis. Stats.