Village of Balsam Lake, WI
Polk County
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Table of Contents
Table of Contents
[Adopted 11-5-1990 as §§ 9.08, 9.12, 9.13 and 9.20 of the 1990 Code; amended in its entirety 4-3-2006 by Ord. No. 2006-2]
No person shall allow any disassembled, inoperable, unlicensed, junked or wrecked motor vehicles or other junked, inoperable or discarded property to be stored and remain in the open on public or private property within the Village in excess of seven days, unless in connection with an automotive sales or repair business located in a properly zoned area and in conformity with this section or where a permit has been issued by the Village Board for the operation of a junkyard or salvage yard. Section 175.25(3), Wis. Stats., is adopted by reference as to all permits issued hereunder.
"Disassembled, inoperable, unlicensed, junked or wrecked motor vehicles" means motor vehicles, recreational vehicles, truck bodies, tractors, farm machinery or trailers in such state of physical or mechanical ruin as to be incapable of being operated upon the public streets or highways in safe or legal condition for operation on public streets or highways due to missing or inoperative parts, flat or removed tires, expired or missing license plates or other defects.
Any disassembled or inoperable vehicle stored or allowed to remain in excess of seven days in connection with an automobile sales or repair business enterprise shall be kept in an area at least 50 feet distant from the nearest Village street.
No person shall leave unattended any motor vehicle, trailer, semi, semitrailer, or mobile home on any public or private property within the Village for such time and condition as to cause the vehicle to reasonably appear to have been abandoned. This subsection does not apply to a vehicle in an enclosed building or with an automotive sales or repair business located in a properly zoned area and in conformity with this section. "Unattended" shall mean unmoved from its location with no obvious signs of continuous human use.
No person shall leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure under his control in a place accessible to children, any abandoned, unattended or discarded appliance, icebox, refrigerator or other container which has an airtight door or lid, snap lock or other locking device which may not be released from the inside without first removing such door or lid, snap lock or other locking device from such icebox, refrigerator or container unless such container is displayed for sale on the premises of the owner or his agent and is securely locked or fastened.
Whenever the Village police or Director of Public Works finds a violation, the owner of the property shall be notified of a violation of this section. Such notice may be given to such owner personally or by mail to the owner at any place such owner may be found or to his last known address. The owner shall be notified that it is the intention of the Village to have such property immediately removed. If such property is not removed within the set time limit, the Village police or Director of Public Works shall have the authority to remove the property in violation, and such property shall be stored for a period of 30 days, after which time the Village shall dispose of such property, unless previously claimed by the owner.
The cost of such removal may be charged to the property where such property is stored, which charge shall be entered as a special charge on the tax roll. If such property is claimed by the owner, the Village shall be reimbursed the towing or removal fee and a reasonable fee for storage before releasing the property.
Prohibited. No person shall have or permit on any premises owned or occupied by him any open cisterns, cesspools, wells, unused basements, excavations or other dangerous openings. All such places shall be filled, securely covered or fastened in such manner as to prevent injury to any person, and any cover shall be of a design, size and weight that the same cannot be removed by small children.
Open excavations for buildings to be closed or filled within three months; failure to comply with order. Any excavation for building purposes, whether or not completed, which is left open for more than three months without proceeding with erection of building thereon shall be deemed in violation of Subsection A of this section, and the Zoning Administrator shall issue an order for erection of a building on the excavation forthwith or filling of the excavation to grade. The order shall be served upon the owner of the land or his agent and the holder of any encumbrance of record. If the owner of the land fails to comply with an order for filling of an building excavation within 15 days after service upon him, the Zoning Administrator shall cause the excavation to be filled to grade and report the cost thereof to the Village Clerk-Treasurer to be charged against the real estate and to be a lien upon such real estate and assessed and collected as a special tax as provided in  § 66.0413(1)(f), Wis. Stats. Orders for filling of open excavations shall be subject to a petition to the Circuit Court within 30 days challenging the reasonableness thereof in accordance with the procedures in § 66.0413(1)(h), Wis. Stats.
Except as otherwise provided, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter 1, § 1-4, of this Code.