VILLAGE OF MAIDEN ROCK ORDINANCE 2012-01

ORDINANCE NO. 2012-01

VILLAGE OF MAIDEN ROCK

An Ordinance repealing Ordinance No. 1994 and 1996-03 and creating a new Ordinance for the purpose of regulating unlicensed, junked and abandoned

vehicles and other property.

NOW THEREFORE, IT IS HEREBY ORDAINED, by the Village Board of the Village of Maiden Rock as follows:

Section 1. DISPOSAL OF ABANDONED PROPERTY

A. No person shall store junked or discarded property, including automobiles, automobile parts, trucks, boats, trailers, semi-trailers, mobile homes, recreational vehicles, tractors, refrigerators, furnaces, washing machines, stoves, machinery or machinery parts, wood, bricks, cement blocks, or other unsightly debris except in an enclosure which houses such property from public view, or upon permit issued by the Village Board.

B. The Village President or his duly authorized representative may require by written Order any premises violating this Section to be put in compliance within the time specified in such Order, and if the Order is not complied with, may have the premises put in compliance and the cost thereof assessed as a special tax against the property. Where there is great and immediate danger to the public health, safety or peace, the violation may be summarily abated as a nuisance.

Section 2. ABANDONED VEHICLES

A. Vehicle Abandonment Prohibited. No person shall leave unattended any motor vehicle, trailer, semi-trailer, boat, recreational vehicle or mobile home on any public street or highway or public or private property, for such time and under such circumstances as to cause the vehicle to reasonably appear to have been abandoned. When any such vehicle, trailer, semi-trailer, boat, recreational vehicle or mobile home has been left unattended on any Village street or highway or on any public or private property within the Village for more than seven days, the vehicle, trailer, semi-trailer, boat, recreational vehicle or mobile home is deemed abandoned and constitutes a public nuisance. A vehicle, trailer, semi-trailer, boat, recreational vehicle or mobile home is not considered unattended or deemed abandoned where it is out of public view.

B. Removal and Impoundment of Abandoned Vehicles. Any vehicle, trailer, semi-trailer, boat, recreational vehicle or mobile home in violation of this Section shall be impounded until lawfully claimed or disposed of under paragraph (c), except that if the Village President or his duly authorized representative determines that the cost of towing and storage charges for the impoundment would exceed the value of the vehicle, trailer, semi-trailer, boat, recreational vehicle or mobile home, the vehicle, trailer, semi-trailer, boat, recreational vehicle or mobile home may be junked by the Village prior to expiration of the impoundment period upon determination by the Village President or his duly authorized representative that the vehicle is not wanted for evidence or other reason.

C. Disposal of Abandoned Property.

(1) The provisions of Section 342.40, Wisconsin Statutes, unless otherwise provided herein, shall apply to the notice and sale of abandoned vehicle, trailer, semi-trailer, boat, recreational vehicle or mobile home.

(2) Where there is no lienholder of record, and the owner cannot be identified or located,

the balance of the proceeds, if any, after deducting the expense of the impounding and sale,

shall be paid into the Village Treasury.

D. Owner Responsible for Impoundment and Sale Costs.

(1) The owner of any abandoned vehicle, trailer, semi-trailer, boat, recreational vehicle or mobile home except stolen, is responsible for the abandonment and all costs of impounding and disposing of the vehicle, trailer, semi-trailer, boat, recreational vehicle or mobile home. Costs not recovered for the sale of the vehicle, trailer, semi-trailer, boat, recreational vehicle or mobile home, may be recovered in a civil action by the Village against the owner.

(2) Where the identity of the owner is unknown, or the Village President otherwise so elects, and where the removal of the vehicle, trailer, semi-trailer, boat, recreational vehicle or mobile home is from private property, the owner of the private property premises shall be responsible for all costs of impounding and disposing of the vehicle, trailer, semi-trailer, boat, recreational vehicle or mobile home, and otherwise eliminating any nuisance caused by such vehicle, trailer, semi-trailer, boat, recreational vehicle or mobile home.

E. Notice of Sale of Disposition.

Within five days after the sale of disposal of a vehicle, trailer, semi-trailer, boat, recreational vehicle or mobile home as provided by paragraph (c), the Village President or his duly authorized representative shall advise the Wisconsin Department of Transportation, Division of Motor Vehicles, of such sale or disposition on a form supplied by the Division. A copy of such form shall also be given to the purchaser of the vehicle, trailer, semi-trailer, boat, recreational vehicle or mobile home. A copy shall also be retained on file in the Village office.

Section 3. DISPOSAL OF JUNKED, UNREGISTERED MOTOR VEHICLES.

A. No disassembled, dismantled, junked, inoperable or wrecked vehicle, trailer, semi-trailer, boat, recreational vehicle or mobile home or parts thereof shall be stored or allowed to remain in the open upon public or private property, and no unlicensed or unregistered vehicle, trailer, semi-trailer, boat, recreational or mobile home, shall be stored or allowed to remain in the open upon private or public property for more than seven days unless in connection with an existing and operating auto salvage yard, junk yard, garage, auto sales lot or auto service station located in a properly zoned area for such business. Any such vehicle, trailer, semi-trailer, boat, recreational vehicle or mobile home or parts thereof, shall be removed, stored and disposed of as provided in Section 342.40, Wisconsin Statutes.

Section 4. Storage of Vehicles, Trailers, Semi-trailers, Mobile homes or Recreational Vehicles

A. No lot or parcel of property located within the Residential District, Historic Residential District or Commercial District may be used to store more than four (4) vehicles,

including trailers, semi-trailers, boats, tractors, mobile Homes or recreational vehicles outside of a garage or roofed enclosure. Those so stored, even where less in number than five (5), must be used regularly for personal or commercial transport. The term "parcel" or "lot" as used herein refers to a parcel or lot which has a separate and distinct tax identification number issued by the Tax Assessor, County Treasurer or Village Clerk/Treasurer.

Section 5. Registered Farm Vehicles

A. Registered farm vehicles may be stored and maintained on lands zoned Agricultural or Agricultural-Residential. They may be stored or parked in any other zone in the Village for not more than seven days provided they are being used on said premises for regular farm purposes.

Section 6. Penalty

Any person violating any provision of this Ordinance, in addition to being responsible for the costs of towing, storage, impoundment, immobilization, disposal or sale of abandoned property, abandoned or junked vehicles, trailers, tractors, semi-trailer, boats, recreational vehicles or mobile homes, unregistered vehicles, trailers, semi-trailers, boats, recreational vehicles, or mobile homes, shall pay a fine of not less than $100.00 per day, and not more than $500.00 per day for each day a violation continues, plus costs of prosecution. In addition, the Village may seek injunctive relief to prohibit any violation of this Ordinance.

Section 7. This Ordinance shall take effect upon passage, posting and publication.

Passed and adopted this 4th day of June, 2012.

VILLAGE OF MAIDEN ROCK

By:Gary Peterson, Village President

Attest:Shirley Gilles, Clerk

9021-24-1C

WNAXLP

Tags: public notices, general legals