Junk Vehicles

[Glomer]

What do you have written in your ordinance to enforce the removal of junk vehicles????

Council made it clear last night that they want me to clamp down on junk and unlicensed vehicles. The problem is, is that it is not against the law to have unlicensed vehicles in your yard. It is a city ordinance not to.........but people generally just lauph that off. I end up spending countless hours dealing with the same people.......it finally gets to the point of taking them to court and they get a slap on the rist....50 dollar fine.....and 3 months to take care of it.

I do believe in peoples rights....as far as what they do with their property (as long as it doesn't affect others).....I just think that when you move into a subdivision, you should be able to count on not having semi trailers and junky vehicles in your neighbors back and side yard.

Can anyone give me some help here???????

 

[Dan]

The enforcer speaks

This is what I wrote for my town. It's a bit legalese-ish, with a diffeent style than the Plain English LDC I'm writing. We enforce it with the help of private towing companies -- we're tough.

Article V. JUNK VEHICLES

Section 70-136. Purpose and intent.

The purpose and intent of this article is to adopt provisions concerning the parking of vehicles on public and private property in order to protect the general welfare of the people of the Town.

Section 70-137. Definitions of terms.

The following definitions of terms shall apply for the purpose of this article:

Abandoned, inoperable and/or discarded vehicle means a vehicle that is in a state of disuse, neglect or abandonment. Evidence that a vehicle is "abandoned, inoperable and/or discarded" may include, any one or a combination of the following factors:

(a) The vehicle being wrecked;

(b) The vehicle being inoperative, as evidenced by vegetation underneath as high as the vehicle body or frame; refuse or debris collected underneath; or, the vehicle being used solely for storage purposes;

(c) The vehicle being partially dismantled, having no engine, transmission, or other major and visible parts;

(d) The vehicle having major and visible parts that are dismantled;

(e) The vehicle being incapable of functioning as a vehicle in its present state;

(f) The vehicle having only nominal salvage value;

(g) The vehicle being without either a valid and current vehicle license tag affixed and registered to the vehicle where it is affixed, or if ownership of the vehicle does not require a license tag, then the vehicle being without a valid and current registration;

(h) The vehicle which, excluding its windows, windshield, and underside, is rusted on at least 50% of its body exterior;

(i) A vehicle with one or more flat tires or other visible signs that it is not capable of propelling down a roadway; or

(j) The vehicle being incapable of safe operation under its own power, or a vehicle that cannot be self-propelled or moved in a manner it was originally intended to move.

Enclosed building means a structure that has in place all of its vertical walls and roofed; nevertheless, one wall may be lintel led and faced to accept a folding or hinged wall or door.

Enforcement officer means any authorized agent or employee of the Town whose duty it is to assure code compliance.

Garage means a walled accessory building or walled portion of the principal building, built in accordance with all applicable codes and permits, which is used for the parking of vehicles which belong to the occupants of the principal building.

Nominal salvage value means a salvage value of not more than $200, as appraised under standard practices by a vehicle salvage dealer.

Parked means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or embarking or disembarking passengers.

Person means any individual, firm, sole proprietorship, partnership, corporation, or unincorporated association.

Private property means any real property within the Town which is owned by any person as defined herein, including, but not limited to, yards, grounds, driveways, entrances or passageways, parking areas, storage areas, any body of water, vacant land and recreation facilities.

Public property means roads, streets, alleys, highways, public rights-of-way and easements, parks, and other property that is not considered private property.

Vehicle means every device capable of being moved upon a public highway or public waterway and in, upon, or by which any person or property may be transported or drawn on a public highway or public waterway, including any watercraft, boat, ship, vessel, barge, or other floating craft, or which is used exclusively upon stationary rails or tracks, or which is used exclusively for agricultural purposes and not licensed pursuant to state law and are not operated on any public highway for purposes other than crossing such public highway or along such highway between two tracts.

Section 70-138. Areas affected.

The provisions of this article shall apply to all zoning districts.

Section 70-139. Exemptions.

This article does not apply to:

(a) Lawfully established salvage yards, junk yards, wrecking yards, storage yards or other establishments which are legally licensed and zoned for the operation of such types of business and which fully comply with all federal and state laws and regulations pertaining to operation of such business;

(b) Abandoned, inoperable and/or discarded vehicles parked or stored in any completely enclosed building (such as a garage);

(c) Vehicles or related parts stored or parked on private property solely for prompt repair at a duly licensed business or enterprise operated and conducted for the repair of vehicles in full compliance with applicable laws, ordinances or regulations;

(d) Vehicles whose sole owner is engaged in out of state, active military duty. Application for exemption will require written documentation and verification of active military status. Exemption pursuant to this paragraph shall only relieve owner and/or property owner of compliance with subsection (g) of the definition of "abandoned, inoperable and/or discarded vehicle" in section 70-137. Exemption shall expire 30 days after sole owner of vehicle no longer qualifies for exemption pursuant to this paragraph.

(e) No more than one ongoing restoration project or inoperable or unregistered vehicle in a backyard area, screened by a substantially opaque fence at a minimum height of five feet or the height of the vehicles, whichever is more, provided that any fence constructed or modified pursuant to this subsection must meet any and all other requirements of the Code and applicable land use regulations;

Section 70-140. Enforcement alternatives.

The code enforcement board shall have jurisdiction to hear and decide alleged violations of this article. Any person who violates any of these provisions shall upon code enforcement action be punished as provided in this Code. The jurisdiction of the code enforcement board shall not be exclusive. Any alleged violation of any of the provisions of this Code may be pursued by appropriate remedy, whether by injunctive, declaratory or other civil relief or criminal sanction, in court at the option of the Town.

Section 70-141. Opposing, obstructing, or resisting enforcement officer.

No person shall oppose, obstruct or resist any enforcement officer or any person authorized by the enforcement officer in the discharge of his or her duties, as provided in this article.

Section 70-142. No liability for reasonable, good-faith trespass by enforcement officer.

Any enforcement officer or any person authorized by the enforcement officer shall be immune to prosecution, civil or criminal, for reasonable, good faith trespass upon private property while in the discharge of duties imposed by this article.


Section 70-143. Abandoned, inoperable and/or discarded vehicles prohibited on public or private property, declared nuisance.

No abandoned, inoperable and/or discarded vehicle, or any part thereof, shall be parked, stored or left upon any public property located within the Town for a period in excess of 72 hours, or on any private property within the Town of Oakland for a period in excess of seven days. The presence of such vehicles or related parts is declared a public nuisance that may be abated in accordance with the provisions of this article.

Section 70-144. Responsibility.

The owner, tenant, occupant, lessee or person otherwise in charge, control and/or possession of private property where a violation of this article occurs, and the owner of the vehicle which is parked, stored or left in violation of this article shall be jointly and individually responsible for not complying with this article and shall be jointly and individually liable for the expenses incurred in the disposition of the vehicle.

Section 70-145. Enforcement and abatement procedure on public property

(a) Notice regarding junk vehicles on public property shall be substantially in the following form:


***** WARNING *****

THIS VEHICLE MAY BE IMPOUNDED IF IT IS NOT REMOVED WITHIN 72 HOURS

DAY ___________________ TIME ____________ MONTH __________________

DATE _________________________________________________________________

MAKE __________________________ MODEL ____________________________

OFFICER ________________________ BADGE ____________________________

(b) If at the end of 72 hours after posting such notice the owner of the junk vehicle described in the notice has not removed the vehicle from the public property or shown reasonable cause for failure to do so, the enforcement officer may charge the owner, if known, with a code violation and cause the junk vehicle to be removed and disposed of. Notification shall be made to the owner within 72 hours of towing. Relocation to private property within the Town is permissible; however, the vehicle must be brought into a state of compliance such that it no longer qualifies as an abandoned or inoperable vehicle within 14 days of its relocation. Failure to do so will result in enforcement pursuant to Section 70-145.

Section 70-146. Enforcement and abatement procedure on private property

(a) Notice of prohibited conditions. Whenever an enforcement officer ascertains a vehicle is parked, stored, or left in violation of this article, the code enforcement officer shall cause a sign to be placed upon the property and/or vehicle in violation in a conspicuous and easily visible location. In addition, a notice of violation shall be served upon the owner, agent, custodian, lessee or occupant directing such owner, agent, custodian, lessee or occupant to terminate and abate the violation within 14 calendar days after the notice of violation was mailed or the property was posted, whichever is earlier. Notice of violation shall include a sufficient description of the violation to be terminated and abated; and a statement that if the described violation is not terminated and abated within 14 days after notice as herein provided, the code enforcement officer shall cause the violation to be terminated and abated. The cost of towing, removing and storing a vehicle impounded under this article shall be chargeable against the owner of the vehicle. The owner of the vehicle shall pay these charges before the vehicle will be released. The vehicle may be stored in a private or public place. If the vehicle is stored in a private place, the amount charged for storage shall be the amount customarily charged for storage by the private facility. If the vehicle is stored on Town property, the charges for storage shall be set by the Town Manager. The charges to the owner for towing shall be the amount usually and customarily charged by the wrecker services. Disputes between the vehicle's owner and the private facility concerning rates, charges, and conditions of storage shall be strictly between those parties and shall not involve the Town or law enforcement agency. The notice shall also state that one may contest the code enforcement officer's determination in accordance with the provisions of this article. Nothing in this article shall prohibit the enforcement officer from extending the 14 day time period for compliance if extenuating circumstances exist.

(b) If a vehicle located on private property duly noticed according to § 70-145 is relocated to a different private property, yet is still in violation of this Article, the relocation shall not stay code enforcement action and shall not obligate the code enforcement action and shall not obligate the code enforcement officer to re-notice or otherwise contact the owner of the property where the vehicle was relocated. The relocation shall not affect the 14 day time period established by the original notification.

(c) If the owner or any other interested person submits a written notice of objection with the enforcement officer within 14 days from the date of posting of the notice of violation, the enforcement officer shall arrange for the matter to be scheduled for a hearing before the Town code enforcement board. Subsequently, the code enforcement board shall notify the owner or other interested person of the date of the scheduled hearing pursuant to this Code and Florida Statutes Chapter 162. Unless specified otherwise in this article, the code enforcement board shall allow the enforcement officer and the owner or any other interested persons an opportunity to present evidence and to examine and cross-examine witnesses. After considering the evidence and testimony, the code enforcement board shall make a factual determination as to whether the vehicle is parked in violation of this article. If the code enforcement board makes a factual determination that a vehicle is parked in violation of this article, it shall automatically conclude that the enforcement officer may remove and/or destroy the vehicle if the vehicle has not been removed by the owner or any other interested person within five days after the date of its factual determination that the vehicle is parked in violation of this article. The Board may also assess a fine upon which the non-prevailing party to recoup the costs of administration and enforcement.

(d) The failure of the owner or other interested person in the vehicle described in the notice of violation to submit a written notice of objection with the enforcement officer within 14 days from the date of posting of the notice of violation, shall constitute a waiver of the right of the person to a hearing before the code enforcement board.

(e) If the owner or any other interested person interested in the vehicle described in the notice of violation has not submitted a written notice of objection within 14 days from the date of the posting of the notice of violation and has not removed the motor vehicle from the property, or if the owner or any other person interested in the vehicle has not removed the vehicle from the property within five days after the date of the code enforcement board's factual determination that the vehicle is parked in violation of this article, the Town may through its employees, agents or contractors, be authorized to enter upon the property and take such steps as are reasonably necessary to have the vehicle removed and/or destroyed.

 

[Dan]

The Plain English FAQ that goes out with violation notices.

What is an “inoperable vehicle?”

The municipal code considers an inoperable, junked, abandoned is defined as having one or more of the following characteristics.

• It’s wrecked.
• Vegetation or debris is collected underneath.
• It’s used to store auto parts, blankets, yard tools, or other items.
• It’s partially dismantled, or missing an engine, transmission, or other major and visible parts.
• It’s incapable of functioning as a vehicle in its present state.
• It has nominal salvage value.
• It’s not currently registered.
• It has one or more flat tires, or shows other signs that it can’t be driven under its own power.

I keep an inoperable vehicle on my property?

You may have one inoperable vehicle on your property, but only under the following situations:

• The vehicle is an active restoration project, and kept in a fully screened backyard (opaque fence 5'/1.55 m or taller, completely screening the vehicle); or
• The vehicle owner is engaged in active military duty, and they provide documentation of their active military status to the Town.

There are absolutely no other situations where you can keep an inoperable or unregistered car on a property. You may not have two or more inoperable vehicles on your property, even if working on cars is your hobby.

Who complained about my vehicle?

If you receive a violation notice, odds are nobody complained about inoperable vehicles on your property. The Town is proactive towards code enforcement efforts. Many complaints regarding abandoned vehicles are general (“there’s too many junk cars in the Town”); or anonymous, either received through a complaint form on the Town’s Web site, or relayed through a Town Commissioner or police officer.

I’m selling the car. Does that matter?

It doesn’t matter if you’re selling the car or not; if it meets the criteria for an inoperable vehicle, it’s an inoperable vehicle. Vehicles for sale are not exempt.

My vehicle’s a “classic.” Does that matter?

Everyone’s interpretation of “classic” is different. Nonetheless, it doesn’t matter if the car rolled out of a Detroit factory in 1964 or 1994; age, collectibility, rarity or perceived sentimental value does not exempt an inoperable vehicle from Town regulations.

My vehicle has a cover on it. Does that matter?

A cover is not a substitute for a fully screened backyard. Inoperable vehicles protected by covers are not exempt from town regulations.

That’s my cousin’s car, and he’s out of town. He’ll be back in a month or two. Can I keep the car here until then?

Residential properties are not intended to be long-term vehicle storage or parking areas. Inoperable vehicles that are left behind by owners who may be out of town are not exempt from Town regulations.

My vehicle is registered, but I was still asked to get rid of it. Why?

Lack of registration is one criteria used to determine if a vehicle is “inoperable.” A vehicle may be registered, but if it’s dismantled, on blocks or ramps, sitting on a flat tire, or it hasn’t moved for months, it’s still considered “inoperable.”

I’m repairing vehicles for my friends. This is a business. Why can’t I do that?

Town zoning regulations do not permit vehicle repair businesses in residential neighborhoods. You can repair your own vehicle, if it is currently registered and operable, or if it’s a “project car” and kept in a fully screened area in the rear yard.

Why are you picking on me? I’ve lived in the Town for many years. I do a lot for the community.

Municipal codes are written for everyone to follow, and not to judge ones character. Codes cannot legally be enforced by a case by case basis; they apply equally for everyone. We always appreciate anyone who is out to better the community, but length of residence, financial hardship or performing good deeds for the Town does not excuse anyone from code requirements. They must be enforced equally and fairly for all properties, residents and business owners.

Why doesn’t the Town take care of junk vehicles in other neighborhoods?

If you receive a violation notice, and see other inoperable vehicles on properties throughout the town, you may think that Town officials are being unfair in their code enforcement actions. That’s understandable. While you may see your code violation notice, you don’t see the notices others are receiving, know about the fines they may be paying, or the liens that were placed on their property. Town officials take extraordinary care to ensure that code enforcement activities are conducted in a fair, equitable manner.

There may be some neighborhoods in Town where inoperable vehicles are a more common sight. There will be disproportionately more violation notices sent to that area, only because there are more inoperable vehicles there. There is no ulterior motive. The Town’s only objective is to get rid of inoperable vehicles, regardless of who owns them or where they are located.

The vehicle isn’t bothering anybody. Why are you asking me to remove it?

Although your thoughts may be different, most people think the presence of inoperable vehicles harms the surrounding area. Town and state law, as well as rules of common courtesy, say you can’t infringe on the well-being of your neighbors. Junked vehicles are usually perceived as a sign of blight and “trashiness,” and their presence can hurt property values and reinforce a negative impression of a neighborhood and the Town. Junked vehicles pollute groundwater by leaking toxic fluids into the ground. Rodents and insects, seen as a public health threat, often take up residence in abandoned vehicles.

Can I have some more time to get the vehicles off the property?

The Town cannot not grant time extensions for removal of inoperable vehicles from a property, regardless of hardship, sentimental value, or any other situation. Such time extensions have been abused in the past, by those claiming they’ve got people interested in buying the car, or that they need “one more part” to get the vehicle running. Almost always, the car was still there long after “just a couple more weeks.”

Not granting time extensions may seem overly strict. However, it also ensures that code enforcement efforts are not conducted in an arbitrary or unfair manner.

What can I do to resolve the violation?

If you are cited for having an inoperable vehicle on your property, you can do one of two things to resolve the problem.

• Register the car, bring it to roadworthy condition, clear any undergrowth from underneath it, and fix any broken windows, flat tires and other problems, or
• Remove the vehicle from the property.

You must do one of these two things within 14 days of receiving notice of the violation. If these things don’t happen, the Town will have the car towed away.

If the vehicle is on public property, it must be removed within 72 hours of tagging, or else it will be towed away.

I want to get rid of the vehicle. What can I do?

If a vehicle has value from its parts, contact a licensed private motor vehicle wrecking facility. Most commercial wrecking facilities will buy vehicles that have marketable parts. If the vehicle's value is low, they may haul it away free in exchange for its parts.

Many charities will tow away vehicles, and you’ll get a tax write-off for a charitable contribution. Contact your preferred charity for more details.

The vehicle isn’t mine. What can I do?

As a property owner, you’re responsible for the condition of your property. You have the right to call a towing company and ask for a “removal tow,” to pull a vehicle that you don’t own off your property.

Can I move the vehicle to another property in town?

Moving an inoperable vehicle to another property in the Town, or putting a cover over it, does not extend the 14 day correction period or delay code enforcement action.

What happens if I don’t remove the vehicle from the property?

The Town employs the service of several area towing companies. If abandoned vehicles are on a property 14 days after you’ve been notified, or they’ve been in the public right-of-way more than 72 hours after being tagged, the Town will have the vehicles towed away. Tow truck companies are authorized to enter private property, cut locks, open gates, and take any other means that may be necessary to remove a vehicle.

 

[Dan]

Sample violation notice.


8 May 2002

Greetings;

Your property located at )(address) is in violation of §70-146 of the Town Code of Ordinances, which regulates junked, abandoned and unregistered vehicles. Specifically, the following vehicle causes your property to violate the Town Code.

Make/model: (insert)
License: (insert)
Location: (insert)
Conditions: (insert)

The property must comply with the Code of Ordinances within 14 days of receiving this letter. You can do this by:

• Removing the vehicle from the property. Please note that moving the vehicle to another property in the Town does not delay code enforcement action.

If the property is not brought into compliance, the Town will have the vehicle removed. The vehicle owner is responsible for the cost of towing, removing and storing an impounded vehicle. The vehicle owner must pay these costs to the towing company before the vehicle will be released.

You may appeal this violation notice in writing to the Code Enforcement Board within 14 days of receiving this letter.

If you have any questions regarding this action, please feel free to call me at (phone), or make an appointment to visit me at Town Hall.

Sincerely,

(acting code enforcement officer)

 

[Glomer]

Mr. Tasman am I correct in sensing some negative feelings concerning the issue of junk cars?!?!?!

You have obviously spent a lot of time dealing with this.

Your ordinance is much more proactive than ours in dealing with the problem........do you mind if I steal some of your ideas and clear up my town.

Our city attorney sucks.......our council has had it......so I really think I could get them behind allowing me to change the way our ordinance is written and go out and do some damage.

 

[Repo Man]

10. 5 Abandoned and Junked Vehicles

10.5.1 Abandoned Vehicles; Definitions

10.5.2 Removal and Impoundment of Vehicles

10.5.3 Removal, Storage, Notice or Reclaimer of Abandoned Vehicles

10.5.4 Disposal of Abandoned Vehicles

10.5.5 Report of Sale or Disposal

10.5.6 Owner Responsible for Impoundment and Disposal Costs

10.5.7 Conflict with Other Code Provisions

10.5.8 Junked Vehicles and Appliances on Private Property



10.5.1 ABANDONED VEHICLES ; DEFINITIONS.


Abandonment of Vehicles Prohibited. No person shall leave unattended any motor vehicle, trailer, semi-trailer or mobile home on any public street or highway or private or public property in the City of Glendale 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 Glendale 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 twenty-four (24) hours, the vehicle shall be deemed abandoned and constitutes a public nuisance.


Abandonment of Vehicles on Private Property Prohibited.


No person shall leave any vehicle for more than twenty-four (24) hours on private property without the consent of the property owner/ lessee/occupant. After twenty-four (24) hours, the Police Department shall issue a citation and cause the vehicle to be towed and stored.


No person shall leave unattended any vehicle within public view on private property for longer than seventy-two (72) hours unless:


The vehicle is parked on a paved portion of the property; and


The vehicle is intact and operational; and


The vehicle is registered, where applicable.


Definitions. For purposes of this Chapter, the following definitions shall be applicable:


Vehicle shall mean a motor vehicle, trailer, semi-trailer or mobile home, whether or not such vehicle is registered under Wisconsin Law.


Unattended shall mean unmoved from its location with no obvious sign of continuous human use.


Street shall mean any public highway or alley and shall mean the entire width between the boundary lines of any public way where any part thereof is open to the public for purposes of vehicular traffic.


Presumptions. For purposes of this Section, the following irrefutable presumptions shall apply:


A vehicle shall be presumed unattended if it is found in the same position twenty-four (24) hours after issuance of a traffic ticket or citation and if such traffic ticket or citation remains placed upon the windshield during said twenty-four (24) hours.


Any. vehicle left unattended for more than twenty-four (24) hours on any put)lie street or public ground or left unattended for more than twenty-four (24) hours on private property without the consent of the property owner is

deemed abandoned and constitutes a nuisance; provided, that the vehicle shall not be deemed abandoned under this Subsection if left unattended on private property outside of public view and is enclosed within a building, or if designated as not abandoned by the Chief of Police or his designee.

(e) Exceptions. This Section shall not apply to a vehicle in an enclosed building or a vehicle stored on a premises licensed for storage of junk or junked vehicles and fully in compliance with City zoning regulations, or to a vehicle parked in a paid parking lot or space where the required fee has been paid.



10.5.2 REMOVAL AND IMPOUNDMENT OF VEHICLES.

Any vehicle in violation of this Chapter shall be removed and impounded until lawfully claimed or disposed of under the provisions of Section 10-5-3.



10.5.3 REMOVAL, STORAGE, NOTICE OR RECLAIMER OF ABANDONED VEHICLES.



Applicability. The provisions of this Section shall apply to the removal, storage, notice, reclaimer or disposal of abandoned vehicles as defined in Section 10-5-1.


Removal.


Any police officer who discovers any motor vehicle, trailer, semi-trailer or mobile home on any public street or highway or private or public property in the City of Glendale which has been abandoned shall cause the vehicle to be removed to a suitable place of impoundment.


Upon removal of the vehicle, the police officer shall notify the Chief of Police or his designee of the abandonment and of the location of the impounded vehicle.

(c) Storage and Reclaimer. Any abandoned vehicle which is determined by the Chief of Police or his designee to be abandoned shall be retained in storage for a period of fourteen (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 Chief of Police or his designee determines an abandoned vehicle to have a value of less than One Hundred Dollars ($100.00), 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 (7) days and after certified mail notice, as hereinafter provided, 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. All substantially complete vehicles in excess of nineteen (19) model years of age shall be deemed as a having value in excess of One Hundred Dollars ($100.00). 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 rifle or other satisfactory evidence to the Chief of Police or his designee to prove an ownership or secured party interest in said vehicle.

(d) Notice to Owner or Secured Party. Certified marl notice, as referred to herein, shall notify the Wisconsin rifled owner of the abandoned vehicle, if any, and/or the secured .party of record with the Wisconsin Motor Vehicle Division, if any, of the following:


That the vehicle has been deemed abandoned and impounded by the City of Glendale;


The "determined value" of the abandoned vehicle;


If the cost of towing and storage costs 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 fourteen (14) days of the date of notice, unless the vehicle has been determined to have a value less than One Hundred Dollars ($100.00) 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 (7) days upon the 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.



10.5.4 DISPOSAL OF ABANDONED VEHICLES

Any abandoned vehicle impounded by the City 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. A Class I Notice, including the description of the vehicles, the name(s) and address(es) of the Wisconsin rifled owner and secured party of record, if known, and the time of sale shall be published before the sale.





10.5.5 REPORT OF SALE OR DISPOSAL.

Within five (5) days after the direct sale or disposal of a vehicle as provided for herein, the Chief of Police or his 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 enabling the purchaser to obtain a regular certificate of title for the vehicle. The purchaser shall have ten (10) days to remove the vehicle from the storage area but shall pay a reasonable storage fee established by the private carrier for each day the vehicle remains in storage after the second business clay subsequent to the sale date. Ten (10) days after the sale the purchaser shall forfeit all interest in the vehicle and the vehicle shall be deemed to be abandoned and may be sold again. Any listing of vehicles to be sold by the City shall be made available to any interested person or organization which makes a written request for such list to the Police Department. The Police Department may charge a reasonable fee for the list.



10.5.6 OWNER RESPONSIBLE FOR IMPOUNDMENT AND DISPOSAL COSTS.

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 ~e recovered in a civil action by the private carrier against the owner.


10.5.7 CONFLICT WITH OTHER CODE PROVISIONS.

In the event of any conflict between this Section and any other provisions of this Municipal Code, this Chapter shall control.

10.5.8 JUNKED VEHICLES AND APPLIANCES ON PRIVATE PROPERTY.


Storage of Automobiles Restricted. No disassembled, inoperable, unlicensed, junked or wrecked motor vehicles, truck bodies, tractors, trailers, farm machinery or appliances shall be stored unenclosed outside a building upon private property within the City for a period exceeding ten (10) days unless It is in connection with an authorized business enterprise located in a properly zoned area maintained in such a manner as to not constitute a public nuisance.


Definitions.


The term "disassembled, inoperable, junked or wrecked motor vehicles, truck bodies, tractors, trailers" as used in this Section is defined as follows: motor vehicles, recreational vehicles, truck bodies, tractors, farm machinery or trailers in such state of physical or mechanical ruin as to be incapable of propulsion, being operated upon the public streets or highways or which is otherwise not 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.


The term unlicensed - motor vehicles, truck bodies, tractors or trailers as used in this Chapter is defined as follows: motor vehicles, truck bodies, tractors, recreational vehicles or trailers which do not bear lawful current license plates.


The term motor vehicle is defined in Section 340.01(35) Wis. Stats.


The term "inoperable appliance" is defined as any stove, washer, refrigerator or other appliance which is no longer operable in the sense for which it was manufactured.


Exceptions. This Section shall not apply to any motor vehicle or motor vehicle accessories stored within an enclosed building or on the premises of a business enterprise operated in a lawful place and manner in a. properly zoned area when necessary to the operation of such business enterprise, m a storage place or depository maintained in a lawful place and manner, or seasonal use vehicles such as snowmobiles, motorcycles, motor scooters and non-motorized campers, provided such vehicles are stored in compliance with the Ordinances of the City. Also excepted are motor vehicles registered pursuant to Sections 341.265 and 341.266, Wis. Stats. In other situations the Common Council may issue temporary permits permitting an extension of not to exceed an additional thirty (30) days time to comply with this Section where exceptional facts and circumstances warrant such extension.


Enforcement


Whenever the Police Department shall find any vehicles or appliances, as described herein, placed or stored in the open upon private property within the City , they shall notify the owner of said property on which said vehicle or appliance is stored of the violation of this Section. If said vehicles or appliance is not removed within five (5) days, the Police Department shall cause to be issued a citation to the property owner or tenant of the property upon which said vehicle or appliance is stored.


After the vehicle or .appliance has been deemed abandoned as defined in Section 10.5.1, the Chief of Police, or his designee, shall cause the vehicle or appliance to be removed and impounded, and it shall thereafter be disposed of as prescribed in Sections 10.5.3 through 10.5.6 by the Chief of Police or his duly authorized representative. Any cost incurred in the removal and sale of said vehicle or appliance shall be recovered from the owner. However, if the 'owner of the vehicle or appliance cannot readily be found, the cost of such removal shall be charged to the property from which it is removed, which charges shall be entered as a special charge on the tax roll.

(e) Penalty. Any person who shall interfere with the enforcement of any of the provisions of this Section and shall be found guilty thereof shall be subject to a penalty as provided in Section 1.1.7. Each motor vehicle or appliance involved shall constitute a separate offense.

State Law Reference: Sec. 342.40, Wis. Stats.

 

[mike gurnee]

Apparently FL does not have "off-road vehicle titles", where a car does not have to be licensed. These are issued in KS left and right for "farm" vehicles. It does surprise me why and how several off road titled vehicles end up on 50x100 urban lots.

 

[Glomer]

Mr. Tasman....question

what happens when the people don't want the vehicle back....does the city have to pick of the tab for storage and towing of the vehicle?

How about issues dealing with the tow truck having to drive onto private property.....behind house etc....

 

[Glomer]

Mr. Tasman

I read through your ordinance on junk vehicles again last night and have another questions......

Although your ordinance would work better than ours in allowing me to be much stricter in my enforcement.......it won't stop one of the big problems we have, which is people parking 6 or 7 vehicles in their side and backyard that are all currently licensed and registered......not on blocks or rusted, just basically using their yard as a parking lot.

I could add into our ordianance that all vehicles must be parked on paved surface.....(people will pave their hole yard) what do you think?

 

[Tranplanner]

Mr. Tasman? Did you get a promotion or something Dan?

Maybe it's a sign you're getting old!

 

[mike gurnee]

Junked/abandoned vehicles are one thing, parking in yards is another. On abandoned vehicles, please check your state statutes before copying a strategy from another state. Your legislature may have spoken on the topic. See if your state municipal league or association of counties has worked the topic.

Parking in yards is more of a property maintenance issue. And believe me, unless your board strongly supports a prohibition, it can be difficult in your older developed areas of modest priced housing (and in new areas, with their RVs and boats).

 

[Bullwinkle]

I dealt with the 'yard as parking lot' issue in a college town where I used to work. We prohibited parking on an 'unimproved surface' and restricted the amount of lot coverage. We defined lot coverage as not just building, asphalt, or other impervious surface, but also gravel parking areas. It wasn't an ideal solution, and required A LOT of enforcement time and headaches, but it seemed to work for us.