Title
An Ordinance to Repeal and Recreate Section 6.015 of the West Allis Revised Municipal Code Relating to Removal of Abandoned Vehicles and Amend
Section 2.19(8)(b) of the West Allis Revised Municipal Code Relating to the Deposit Amount for Violations of Section 6.015
Body
The Common Council of the City of West Allis do ordain as follows:
PART I. Section 6.015 of the Revised Municipal Code is hereby repealed and created to read:
6.15 CONTROL OF ABANDONED MOTOR VEHICLES.
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(1)
Definitions as used in this section:
(a)"Vehicle" shall mean any device, as defined in sec. 340.01(74) of the Wisconsin Statutes, and includes any motor vehicle, trailer, semi-trailer, mobile home or snowmobile.
(b)"Abandoned vehicle" shall mean and include any vehicle that has been allowed to remain standing on any alley, street, highway, public place or private property in the City without the owner's permission for more than twenty-four (24) hours; or any partially dismantled, damaged, inoperable, unlicensed, unregistered, wrecked or junked vehicle which is stored outside a building on private property; or any vehicle, with a condition that renders it favorable to the harborage of rodents or insects and is stored outside a building on private property; or any vehicle that is in such condition or parked in such a way to render such vehicle a health and safety hazard; or any vehicle which is parked or stored on unpaved surfaces on private property which surfaces are not determined to be non-conforming under the Zoning Code. A vehicle shall not be considered an abandoned vehicle when it is out of ordinary public view.
(c) "Inoperable" shall mean and include any vehicle that is incapable of being propelled under its own power including, but not limited to, a vehicle meeting any of the following criteria:
a. Is missing an engine.
b. Is missing a battery.
c. Is missing a transmission.
d. Is missing a wheel.
e. Is elevated on blocks or other objects.
f. Is missing a tire or has a deflated tire.
(d) "Partially dismantled" shall mean, but is not limited to, a vehicle meeting any of the following criteria:
a. Is missing a door, fender, or hood.
b. Is missing a windshield or window or has a broken windshield or window.
(e) "Junked" shall mean any inoperable vehicle that has no resale value except as a source of parts or scrap.
(f) "Damaged" shall mean any vehicle that is impaired in a manner that would adversely affect its operation.
(2)Public Nuisance. Any vehicle allowed to be parked or remain standing in violation of this section is hereby declared to be a public nuisance and may be abated as hereinafter provided.
(3)Prohibition. No person owning or having custody of any abandoned vehicle as defined in (1)(b) shall allow such vehicle to remain on any public or private property within the City.
(4)Exemptions. This section shall not apply to any vehicle in an enclosed building; a vehicle on the premises of a business enterprise operated in a lawful place and manner when necessary to the operation of such business enterprise; a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the City or, a vehicle out of the ordinary public view.
(5)Removal, Impounding and Junking.
(a)The Chief of Police or any member of his or her Department designated by him or her is hereby authorized to remove or have removed any vehicle left on any highway or public property within the City which reasonably appears to be in violation of subsection (2) above, or to be lost, stolen or unclaimed. Such vehicles shall be impounded, as hereinafter provided, until lawfully claimed or disposed of in accordance with sec. 342.40 of the Wisconsin Statutes.
(b)Any vehicle parked on highways in violation of this section which poses a hazard to other vehicles or pedestrians may be towed, pursuant to sec. 349.13(3) of the Wisconsin Statutes.
(c)Any vehicle parked on a highway or other public property in violation of this section that does not fall under subsection (5)(b) shall have placed upon it a placard or other similar emblem that warns the vehicle owner that the vehicle will be towed within seventy-two (72) hours if not removed. Said placard shall be at least five inches by seven inches (5' x 7'), bright orange in color and contain a warning that the vehicle will be towed. An officer or building inspector shall also send a letter to the registered owner's last known address informing the owner that the vehicle is in violation, has been placarded and must be removed by a date and time certain that coincides with the date and time on the placard or the vehicle will be towed at the owner's expense.
(d)For vehicles parked on private property in violation of this section, an officer or building inspector shall mail or cause to be mailed, by first class mail, a notice of condemnation to the owner of the property on which the vehicle is located and, if applicable, the last registered owner of the vehicle at the owner's last known address. The notice shall include a description of the vehicles and premises, an explanation for the issuance, a statement concerning the time period by which the vehicle must be removed or its condition corrected, a statement of the consequences if the city removes the vehicle, an explanation of the right to petition the municipal court for a hearing within seven (7) days, and a statement that any vehicle owner or property owner who does not file a petition for a hearing waives the right to assert that the vehicle did not meet the criteria for a vehicle that is subject to removal under this section and informing the property and or registered owner that the vehicle must be brought into compliance within seven (7) days. Additionally, the officer or building inspector shall place a placard on the vehicle that bears the word "Condemned" and post a copy of the placard in a conspicuous place on the vehicle at any time after the officer or building inspector declares the vehicle constitutes a nuisance.
1. A property owner or motor vehicle owner may request a hearing before the municipal court within seven (7) days of receiving the mailed condemnation notice. Any request shall be written and shall explain why the vehicle should not be removed from the premises.
2. Upon receipt of the hearing request, the municipal court shall halt the condemnation of the vehicle owner, pending the decision of the municipal court.
3. If the municipal court upholds the condemnation of the vehicle, the property owner or vehicle owner may appeal the decision within twenty (20) days to the circuit court.
4. If a property owner or vehicle owner does not file a timely written request for a hearing with the municipal court, he or she waives the right to assert that the vehicle did not meet the criteria for a vehicle that is subject to removal under this section.
Within seven (7) days of the date the vehicle was placarded, if the owner has not filed a petition, removed the vehicle or corrected its condition, an officer or building inspector may have the vehicle removed and impounded or destroyed. If the violation is not timely corrected, the officer or building inspector may issue a citation to the vehicle owner, the property owner, or property occupant alleging a violation of this ordinance from the date the vehicle was to have been brought into compliance after notice.
(6)Disposal of Unclaimed or Abandoned Vehicles.
(a)Any vehicle impounded under this section shall be disposed of in accordance with the provisions of sec. 342.40 of the Wisconsin Statutes.
(b)If the Chief of Police determines that the cost and towing charges for the impoundment would exceed the value of the vehicle, the vehicle may be junked or sold to a licensed salvage dealer prior to expiration of the impoundment period, upon determination that the vehicle is not stolen or otherwise wanted for evidence or other reason.
(7)Costs. The owner of any abandoned, partially dismantled, damaged, inoperable, wrecked, junked or discarded motor vehicle and, in the case of any such vehicle parked on private property in violation of this section, the owner or occupant of the property is responsible for all costs of impounding and disposing of the vehicle. Such costs shall be in addition to the forfeiture provided for violation of this section and may be charged against the property owner and assessed as other special taxes are upon notification by the municipal court to the city treasurer.
(8)Penalties. Any person violating this section shall forfeit not less than twenty-five dollars ($25) nor more than five hundred dollars ($500), together with the costs of prosecution and, in default of payment thereof, shall be imprisoned in the County Jail or House of Correction of Milwaukee County until such forfeitures and costs are paid, such imprisonment shall not exceed the number of days set forth in sec. 800.095(4) of the Wisconsin Statutes. Each day a violation of this section continues shall constitute a separate offense.
PART II. Section 2.19(8)(b) of the Revised Municipal Code is amended to read:
2.19 MUNICIPAL JUDGE
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(8) Stipulations.
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(b) Schedule of Deposits. The basic amounts of the deposits established pursuant to sec. 800.03(3) of the Wisconsin Statutes, are set forth below for convenient reference and shall be accompanied by any penalty assessments, costs and surcharges applicable by law.
Section Violated Violation Description Deposit
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6.015 Abandoned vehicle $150 - 1st Offense
$400 - 2nd or subsequent offense
plus costs of impounding and disposing of the vehicle or "Must Appear"
PART III. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART IV. This ordinance shall take effect and be in force from and after its passage and publication.
ATTO-Repeal&RecreateSec6.015RemovalAbandonedVehicles&Amend2.19(8)(b)