[HISTORY: Adopted by the Common Council of the City of Hudson 12-2-2002 by Ord. No. 23-2002. Amendments noted where applicable.]
Nuisances — See Ch. 175.
Solid waste — See Ch. 207.
Vehicles and traffic — See Ch. 235.
Editor's Note: This ordinance also repealed former Ch. 237, Vehicles, Junked, adopted by Ord. No. 1-81 as Ch. 13, Sec. 13.09, of the 1981 Code, as amended.
No person shall accumulate or store any junked, disassembled, inoperable or unlicensed automobiles or parts thereof outside of any building on any real estate located in the City except upon a permit issued by the Common Council. Each motor vehicle stored shall require a separate permit.
The permit issued by the Common Council shall specify the quantity and manner of storing such junked, disassembled, inoperable or unlicensed automobile. The Common Council, in issuing a permit, shall consider the impact upon adjoining properties and, if practicable, shall provide prior notification to the adjoining property owners of the intent to issue the permit. Such permit shall be revocable as provided by W.S.A. § 175.25, which, so far as applicable, is hereby adopted by reference.
The fee for the permit provided by this chapter is $25 per year.
No person shall leave unattended or place any motor vehicle, trailer, semi-trailer, mobile home or parts thereof, hereafter inclusively referred to as "vehicle," on any public highway or private or public property, for such time and under such circumstances as to cause the vehicle to reasonably appear to have been abandoned.
A vehicle shall be deemed abandoned whenever:
It is left unattended on any street or highway or any public property within the City limits without the permission of the City for a period in excess of 24 hours.
It is left unattended on private property without the permission of the property owner. At the discretion of the City and its officials, this situation may be addressed by issuing parking citations pursuant to § 346.55(3), Wis. Stats. Removal of violating vehicles is the responsibility of the property owner.
It is disabled in a manner and to an extent that it cannot legally be operated on public roadways, including lack of current license and registration.
It reasonably appears abandoned to a City officer.
While in the possession of the City, it is left unclaimed 10 days after notice by certified mail to any known owner or lienholder.
A motor vehicle shall not be considered abandoned whenever:
It is stored on private property out of ordinary public view in an enclosed area, and has a permit pursuant to § 237-1. Vehicle covers, tarps, plastic sheets, or similar coverings do not satisfy the "enclosed area" requirement. "Enclosed area" is defined as: inside a building or behind a nontransparent fenced area and out of the public view.
The private property where the vehicle is located is in the primary business of the sale, repair, towing or salvage of vehicles.
It is a seasonal or recreational vehicle in off-season storage, and it is legally operable and registered.
Any vehicle in violation of § 237-4 shall be removed and impounded until lawfully claimed or disposed of under § 237-7, except that, if it is deemed by the Chief of Police or his or her designee that the cost of towing and storage of the vehicle would exceed the value of the vehicle and that the vehicle is not stolen or otherwise wanted for evidence or other reason, the vehicle may be junked or sold prior to the expiration of the impoundment period.
As an alternative to removing and impounding the vehicle, the Chief of Police or his or her designee may immobilize a vehicle utilizing an immobilization device. No person shall remove, disconnect, tamper with or otherwise circumvent the operation of an immobilization device except upon release of the motor vehicle to the owner or to make necessary repairs to a malfunctioning immobilization device.
Vehicles impounded or immobilized shall be disposed of as follows if not claimed by a lawful owner or lienholder after due notice:
Notice. Notice shall be by certified mail to the owner and lienholders of record to permit reclamation of the vehicle after payment of accrued charges. Such notice shall set forth the year, make, model, VIN number, and where the vehicle is being held. The notice shall state that the failure of the owner or lienholders to exercise their right to reclaim the vehicle under this section shall be deemed a waiver of all right, title, and interest in the vehicle and a consent to the sale of the vehicle.
Sale or disposal. Each retained vehicle not reclaimed by its owner or lienholder may be sold or otherwise disposed. Sale or disposal shall be at the discretion of the Chief of Police or his or her designee and shall be conducted pursuant to then applicable City policy and procedures.
Penalty. Any person who violates this chapter shall be fined not less than $10 nor more than $50for each offense and in default of payment of said fine shall be imprisoned in the county jail for a period not to exceed thirty days. Each day of violation and each vehicle stored or abandoned in violation of this chapter shall constitute a separate offense.
Costs. Each person who violates this chapter is further responsible for all reasonable costs of towing, impounding and disposing, if necessary, of the vehicle. Failure by the owner to reclaim a vehicle after notice of its impound shall constitute a separate additional offense of this chapter. Costs and any applicable forfeitures not recovered from the sale of the vehicle may be recovered against the vehicle owner or landowner in a civil action by the City against the owner or may be entered as a special charge on the tax roll if left unpaid. For those vehicles reclaimed, all costs of towing and impounding the vehicle must be paid by the owner or lienholder prior to release of the vehicle. Neither forfeiture nor costs shall be imposed on owners of vehicles that have been stolen.