The purpose of this chapter is to prevent blight,
protect the integrity of investments in real property, prevent the
decline of real estate values, improve aesthetics and protect public
health, safety and welfare. In order to secure this goal, activities
contrary to this chapter are deemed to be regulated or proscribed
through the exercise of the Village's police power.
As used in this chapter, the following terms
shall have the meanings indicated:
ABANDONED MOTOR VEHICLE
A motor vehicle unattended for such a time and under such
circumstances as to cause the vehicle to reasonably appear to have
been abandoned without permission of the property owner or on a public
street or highway or public property for more than 48 hours in the
Village. A motor vehicle shall not be considered an abandoned motor
vehicle when it is in a garage or enclosed structure or when designated
as not abandoned by the Village Marshal.
MOTOR VEHICLE
Includes mobile home, moped, motor bicycle, motor bus, motorcycle,
motor-driven cycle, motor home, motor truck, trailer, semitrailer
and motor vehicle as defined in Ch. 340, Wis. Stats.
NUISANCE MOTOR VEHICLE
Includes inoperable, unlicensed, unroadworthy, disassembled
or wrecked motor vehicles. A vehicle for which a license has been
applied for shall be herein deemed a licensed vehicle if proof of
application is prominently displayed on the front windshield.
No person shall keep, place or store any nuisance
motor vehicle or abandoned motor vehicle upon any public thoroughfare,
street or highway or any private or public property within the Village
in a manner inconsistent with this chapter.
Nuisance motor vehicles may be kept, placed
or stored outside of a garage or enclosed structure only in conjunction
with an authorized and licensed auto sales or repair business lawfully
operating within a properly zoned area and in compliance with all
state and local laws, rules, regulations, licenses and permits.
Within five days after the sale or disposal
of a vehicle as provided in this chapter, the Village shall advise
the Department of Transportation of the sale or disposition on a form
supplied by the Department of Transportation.
[Amended 3-8-2010 by Ord. No. 2-10]
The notice of violation described in §
258-5 shall provide the owner with an opportunity to request a hearing on the matter. Where a hearing is requested by the filing of a written hearing request with the Village Clerk within the time provided for compliance in the notice of violation, no enforcement action shall be commenced until the hearing is held.
A. Upon receipt of such hearing request, the Village
Clerk shall schedule a hearing before the Village Board and shall
give the owner written notice thereof. Such hearing shall be held
as soon as practicable after receipt of request therefor.
B. At such hearing, the owner shall be given an opportunity
to be heard and show why the owner is not in violation of this chapter.
After such hearing the Village Board shall make findings and issue
a decision, in writing, whether or not this chapter has been violated.
C. If the Village Board decides this chapter has been
violated, the owner shall be notified of a compliance date which shall
be reasonable under all of the circumstances. If the owner fails to
comply by said date, the Village may proceed with issuance of a citation
or other enforcement action pursuant to this chapter.
D. The proceedings at such hearing, including the findings
and decision of the Board, shall be summarized, reduced to writing
and entered as a matter of public record in the office of the Village
Clerk. Such record shall include a copy of every notice issued in
connection with the matter.
E. Any person aggrieved by the decision of the Village
Board may seek relief therefrom in any court of record by filing a
petition therefor with the court within 30 days of receipt of the
Village Board's decision.
F. The failure of any owner to timely file a hearing
request or to appear at a scheduled hearing shall constitute a waiver
of the right to a hearing.
In addition to the removal and disposal of vehicles
in violation of this chapter, a forfeiture may be imposed in an amount
as set by the Village Board.