Chapter 34

(a) Required. No person owning property within the village shall permit to grow or pollinate upon his premises or in the parkway any weeds or grasses, Burdock, Canada Thistle, Bindweed or Creeping Jennie, Leafy Spurge, Bull Thistle, Sow Thistle, Wild Mustard, Yellow Rocket, Yellow Dock, Russian Thistle, Giant Foxtail, English Charlock, Musk Thistle, Velvet Leaf, Quack or Quitchgrass, Wild Radish, Buckhorn Plantain, Goatsbeard, Harmful Barberry, and Marijuana, all of which cause or produce hay fever in human beings, exhale unpleasant or noxious weed odors or conceal filthy deposits. In order to prevent such growth and pollination, it shall be the duty of every property owner to mow or cause to be mowed upon his premises and parkway all grasses or weeds exceeding one foot in height and in such manner as shall effectively prevent them from bearing seed or spreading to adjoining property. The word "parkway" means that area between the property's front lot line or sidewalk and the nearest curbline or edge of pavement of the road running parallel or generally parallel thereto.

(b) By village. It shall be the duty of the weed commissioner to enforce W.S.A., § 66.517 and this section. The fee for mowing of weeds by the village weed commissioner shall be a minimum of $450.00 per property mowed. Any time spent on a property over three hours shall be billed at the rate of $150.00 per hour. In the event that village equipment is damaged while mowing, the cost to repair the equipment shall be added to the bill.

(Code 1966, § 13.09; Ord. No. 604, § I, 9-16-97; Ord. No. 715, § I(4), 5-20-03)

Sec. 34-2. Filling of land.

(a) Definitions. For the purpose of this section, the following words and phrases, unless the context in which they are used clearly indicates an intent to the contrary, shall be defined as follows:

Fill or filling. Fill or filling means the act of placing, setting down or depositing solid fill on land for the purpose of, or which has the resultant effect of, changing the existing contour of or raising the elevation of such land or any part thereof.

Inflammable and combustible materials. Inflammable and combustible material shall mean and include oils and oil lights, sweepings from garage floors, barrels, boxes or other containers containing oil or other similar liquids, rags, clothes, paper, shavings, paper or cardboard boxes or cartons, grease, paints, varnish, or other similar substances, any of which are likely to be readily inflammable or combustible.

Inspector. Inspector shall mean the building inspector of the village.

Solid fill. Solid fill is earth, clay, soil, ground, stones, rocks, and also broken concrete, if the same does not exceed 18 inches in diameter, or any mixture or combination of the foregoing.

(b) Filling regulations.

(1) Every person who shall fill upon any lot, tract or parcel of land shall level and grade such fill weekly and the top thereof shall be of soil suitable for growing grass, free from broken concrete and relatively free from gravel. Grass seed shall be evenly spread in those areas which have been filled to the desired level.

(2) Land filling shall be operated and maintained in a sanitary manner, rodent free, with no emission of dust or dirt beyond its boundary lines.

(3) All materials delivered to the landfill site shall be deposited in a manner to prevent erosion into any watercourses, roadside ditches or onto adjoining properties.

(4) All fill operations shall be confined to the hours of 7:00 a.m. to 5:00 p.m. daily, and 7:00 a.m. to 12:00 noon on Saturdays. No such activity shall be permitted on Sundays.

(5) No permittee hereunder shall operate equipment or otherwise cause noise which interferes with nearby property owners in the peaceable enjoyment of their properties. The permittee shall maintain roadways to and across the site in a smooth condition to minimize noise of delivery vehicles.

(6) No natural drainage ways or swales shall be blocked, and fill shall be placed in a manner to prevent formation of water nuisances or insect breeding ponds.

(7) Should any fill material erode into any watercourse or onto any adjoining property, the permittee shall remove such material at his expense upon the order of the village building inspector.

(8) The owner of the property shall not deny the building inspector or other authorized officer or employee of the village the right of entry on his property during normal business hours for the purpose of inspection thereof, or for the purpose of enforcing or carrying out the provisions of this section.

(9) No permittee shall fail to obey a stop order or revocation order issued by the building inspector or authorized village officer for a violation of this section. The permittee may appeal such stop order or revocation order to the village board, such appeal to be filed in writing with the village clerk within five days of service thereof. If no appeal is taken within such time, the order shall be final. Such appeal shall be heard within ten days in public, at which time the permittee may be represented by counsel. The village board may affirm, reverse or modify the order appealed from, and shall do so within five days of the hearing. The permittee shall not operate under his permit until the appeal is decided.

(10) If any person fails to complete or correct his landfill operation in accordance with the terms of this section, the inspector shall notify the person that the village board will hold a public hearing on the inspector's recommendation that the village complete or correct such work, either by the village staff or by contract, and assess the reasonable cost thereof against the property on which located. Notice shall be given by personal service or by certified mail, at least seven days prior to the hearing. The permittee shall have the right to be heard and to be represented by counsel. The village board by resolution may order the work completed or corrected, and levy a special assessment for the reasonable cost thereof, which shall be a lien on the property, collected as other special assessments. The permittee may appeal to circuit court within 20 days after a copy of the final resolution is served upon him, by the personal service or certified mail. If no appeal is taken within such time, the assessment shall be final.

(c) Plan. Whenever the amount of fill required shall exceed 500 cubic yards or the area exceeds one-half acre, the applicant shall first obtain a filling permit and post the same upon the premises in the manner provided for the posting of a building permit as set forth in the building code of the village. The filling permit shall be issued by the village building inspector upon application being duly made and filed with him and upon payment of permit fee as set by village board resolution. Such application shall be signed by the owner of the premises involved, together with the person applying for the permit, if he be other than the owner. The application shall contain a topographic and contour map at a scale not over 100 feet to the inch with two-foot contour intervals using village datum. Such map shall show the proposed fill area, the proposed final contours, drainage patterns and special drainage devices if necessary and all other pertinent information as may be required to clearly indicate the orderly development of the fill area including the location of the premises and an accurate description of the same, and include an estimate of the number of cubic yards necessary to fill such land to approximately the grade of the terrain bounding the area to be filled. If the estimate of the inspector shall differ from the estimate of the applicant as to the number of cubic yards required, the estimate of the inspector shall be controlling. The permit shall be for a period of six months and subject to renewal upon reapplication. The permit may be revoked by the village board upon notice to the permittee and hearing if the permittee is depositing or permitting or causing to be deposited any materials on such premises other than solid fill, or has failed to or refused to comply with any of the regulations set forth herein or any of the rules, regulations and orders of the inspector herein. Such hearing shall be conducted in the manner provided in W.S.A. § 227.15.

(d) Inspector; duties, powers. The building inspector shall have complete charge and supervision over the regulation and operation of filling. Should the inspector find that any person engaged in filling is failing to conform to the provisions of this subsection or other rules, regulations, or orders, he may require that the person filling discontinue operations forthwith and until such time as the person engaged in filling conforms to such chapter, rules, regulations or orders. Should the operator, his servants, agents or employees, or any other person, bring upon any such land materials which are prohibited by the terms and provisions of this section or other rules and regulations of the village or the state, the inspector shall refuse to permit such materials to be unloaded. In the event any portion or all of such materials shall have been unloaded, the operator or the person bringing such materials upon such land shall reload same and remove them from the premises.

(e) Persons liable. The owner, lessee, or any other person having possession and control over any filling operation, be it public or private, under the terms of this section shall be responsible for the actions of his agents, servants or employees, to the same extent as though they were the acts of such principal, and such owner, lessee, or other person shall be subject to arrest for violation of the provisions of this section by any of his agents, servants or employees, and any penalty imposed under the terms of this section may be imposed upon the principal and/or upon the agents, servants or employees of either or both of them.

(f) Public nuisance. The depositing upon any land of any material other than solid fill, including: flammable and/or combustible materials, the depositing of fly ash, foundry refuse and other similar materials of such texture or material that they will be capable of being airborne, and the permitting of such depositing shall be and is hereby declared to be a public nuisance.

(g) Intent and purpose. It is specifically determined by the board that it is the intent and purpose of this section to regulate filling operations within the village limits, on a basis whereby such operations may be readily controlled, supervised and regulated in the protection of the public health, welfare and safety.

(h) Penalty. Any person violating the provisions of this section shall be liable for any or all damages or expenses sustained or incurred by the village caused by any dumping referred to in this chapter, together with any expenses which the village may incur in enforcing any of the terms or provisions of this section. The penalty for violating the terms of this section shall be as set forth in section 1-12 of the Municipal Code.

(Ord. No. 614, § I, 1-20-98)

Sec. 34-3. Tree removal control.

(a) Definitions. For the purposes of this section, the following words and phrases, unless the context in which they are used clearly indicates an intent to the contrary, shall be defined as follows:

Clear cutting means the removal of all trees of greater than eight-inch diameter from a lot over a two-year period, such diameter measured on the tree at a point four feet above grade level.

Tree diameter means the diameter of a tree measured at a point on the tree four feet above grade level.

(b) Tree removal control.

(1) Purpose. The intent and purpose of this regulation is to preserve the village's character as a natural wooded community, to maintain property values by improving and preserving the aesthetic appeal of the village through tree regulation, to preserve the natural resources of the village and state, to reduce the amount of erosion in the village due to tree removal, to protect the quality of the waters of the state and the village and to protect and promote the health, safety and welfare of the people by minimizing the amount of sediment and other pollutants carried by runoff to Phantom Lake, the Mukwonago River and the Fox River due to the erosion of land not protected by a naturally wooded environment.

(2) Clear cutting prohibited. The clear cutting of any lot within the village is prohibited except as provided in this section.

(3) Limitations. Subject to the provisions of sections 100-751 through 100-755, removal of trees of eight-inch diameter or greater shall be permitted as follows:

a. In lots of one-quarter acre or less in size, up to 80 percent of such trees per lot may be removed, except in the shoreland-wetland zoning district and all floodplain zoning districts.

b. In lots of more than one-quarter acre to one acre in size, up to 60 percent of such trees per lot may be removed, except in the shoreland-wetland zoning district and all floodplain zoning districts.

c. In lots of more than one acre to two and one-half acres in size, up to 40 percent of such trees per lot may be removed, except in the shoreland-wetland zoning district and all floodplain zoning districts.

d. In lots of more than two and one-half acres in size, up to 20 percent of such trees per lot may be removed, except in the shoreland-wetland zoning district and all floodplain zoning districts.

e. In the shoreland-wetland zoning district and all floodplain zoning districts, up to ten percent of such trees per lot may be removed.

f. Tree removal in excess of the percentage set forth above shall only be done upon issuance of a tree removal permit or under an exception set forth in section 34-3(b)(5).

(4) Tree removal permit.

a. A tree removal permit shall be obtained prior to the removal of any tree in excess of the percentage limitations set forth in section 34-3(b)(3)a.--e.

b. A tree removal permit shall be issued to a lot owner upon compliance with the following requirements by each applicant owner:

1. Submission of a completed application on a form provided by the village.

2. Submission of a diagram of the lot showing location of all trees in excess of eight-inch diameter; the location of all trees in excess of eight-inch diameter to be removed, including those for which a permit is required; and the location of all trees in excess of eight-inch diameter removed in the past.

3. Submission of a signed statement by the applicant that each tree removed for which a permit is required shall be replaced by a tree of not less than two-inch diameter prior to the removal of each tree for which a permit is required and maintained continuously in a healthy condition.

4. Submission of a forestry plan approved by the village forester.

5. By submitting a tree removal permit application, the applicant is authorizing the village forester to enter the lot to inspect and verify information submitted with the application and diagram.

(5) Exceptions.

a. Trees of any size may be removed from a lot at any time regardless of any limitations set forth in section 34-3(b) where such trees represent a danger to property or the health, safety or welfare of any person, or where such tree is diseased or severely damaged.

b. Trees of any size may be removed from a lot as minimally necessary to undertake any permitted use by right, accessory use or approved conditional use as set forth in the zoning district regulating the lot.

c. Nothing in section 34-3(b) shall be construed to be an exception to the village's construction site erosion control ordinance.

(6) Penalties. Any person violating any provisions of section 34-4(b) shall be subject to a penalty of $500.00 per violation together with any expenses which the village may incur in enforcing any of the terms or provisions of this section or enjoining any violations of this section. Each tree removed in violation of this section shall be considered a separate violation.

(Ord. No. 616, § 1, 3-17-98)

Secs. 34-4--34-25. Reserved.

ARTICLE II.

NUISANCES*

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* Cross References: Offenses and miscellaneous provisions, ch. 54.

State Law References: Renting buildings generally, W.S.A., § 66.05; nuisances generally, W.S.A., § 823.01 et seq.

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DIVISION 1.

GENERALLY

Sec. 34-26. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Public nuisance means a thing, act, occupation, condition or use of property which shall continue for such length of time as to:

(1) Substantially annoy, injure or endanger the comfort, health, repose or safety of the public; and

(2) Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way or the use of public property.

Public nuisances affecting health means the following acts, omissions, places, conditions and things as are hereby specifically declared to be public health nuisances, but such enumeration shall not be construed to exclude other health nuisances coming within the definition of the term "public nuisances."

(1) All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public.

(2) Carcasses of animals, birds or fowl not intended for human consumption or food which are not buried or otherwise disposed of in a sanitary manner within 24 hours after death.

(3) Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding packing material, scrap metal or any material whatsoever in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed.

(4) All stagnant water in which mosquitoes, flies or other insects can multiply.

(5) Garbage cans which are not flytight.

(6) The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash, industrial dust or other atmospheric pollutants within the village limits or within one mile therefrom in such quantities as to endanger the health of persons of ordinary sensibilities or threaten or cause substantial injury to property in the village.

(7) The pollution of any public well or cistern, stream, lake, canal or other body of water by sewage, creamery or industrial wastes or other substances.

(Code 1966, § 16.02(1), (2)(a)--(e), (h), (i))

Cross References: Definitions generally, § 1-2.

Sec. 34-27. Penalty for violation of article.

Any person who shall violate any provision of this article shall be subject to a penalty as provided in section 1-12. A separate offense shall be deemed committed on each day on which a violation of any provision of this article occurs or continues.

(Code 1966, § 16.05)

Sec. 34-28. Public nuisances--Prohibited.

No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the village.

(Code 1966, § 16.01)

Sec. 34-29. Same--Abatement.

(a) Inspection of premises. Whenever complaint is made to the village that a public nuisance exists within the village, he shall promptly notify the chief of police, or building inspector, who shall forthwith inspect or cause to be inspected the premises complained of and shall make a written report of his findings to the village president. Whenever practicable, the inspecting officer shall cause photographs to be made of the premises and shall file the same in the office of the village clerk.

(b) Summary abatement. Summary abatement shall be executed as follows:

(1) Notice to owner. If the inspecting officer shall determine that a public nuisance exists within the village and that there is great and immediate danger to the public health, safety, peace, morals or decency, the village president may direct the chief of police to serve notice on the person causing, permitting or maintaining such nuisance or upon the owner or occupant of the premises where such nuisance is caused, permitted or maintained and to post a copy of the notice on the premises. Such notice shall direct the person causing, permitting or maintaining such nuisance or the owner or occupant of the premises to abate or remove such nuisance within 24 hours and shall state that unless such nuisance is so abated, the village will cause the nuisance to be abated and will charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the nuisance, as the case may be.

(2) Abatement by village. If the nuisance is not abated within the time provided or if the owner, occupant or person causing the nuisance cannot be found, the health officer, in case of health nuisances, and the chief of police in other cases, shall cause the abatement or removal of such public nuisance.

(c) Abatement by court action. If the inspecting officer shall determine that a public nuisance exists on private premises, but that the nature of such nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals or decency, he shall file a written report of his findings with the village president who shall cause an action to abate such nuisance to be commenced in the name of the village in the county or county circuit court in accordance with the provisions of W.S.A., ch. 823.

(d) Other methods not excluded. Nothing in this article shall be construed as prohibiting the abatement of public nuisances by the village or its officials in accordance with the laws of the state.

(Code 1966, § 16.03)

Sec. 34-30. Cost of abatement.

In addition to any other penalty imposed by this article for the erection, contrivance, creation, continuance or maintenance of a public nuisance, the cost of abating a public nuisance by the village shall be collected as a debt from the owner, occupant or person causing, permitting or maintaining the nuisance, and if notice to abate the nuisance has been given to the owner, such cost shall be assessed against the real estate as a special charge.

(Code 1966, § 16.04)

Sec. 34-31. Enumeration of additional public nuisances.

The following uses and acts are declared public nuisances:

(1) Any use of property, substances or things within the village emitting or causing any foul, offensive, noisome, nauseous, noxious or disagreeable odors, gases, effluvia or stenches which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons within the village.

(2) All abandoned wells not securely covered or secured from public use.

(3) Any use of property which shall cause any nauseous or unwholesome liquid or substance to flow into or upon any street, gutter, alley, sidewalk or public place within the village.

(Code 1966, § 16.02(2)(j)--(l))

Sec. 34-32. Public nuisances affecting peace and safety.

The following acts, omissions, places, conditions and things are hereby declared to be public nuisances affecting peace and safety, but such enumeration shall not be construed to exclude other nuisances affecting public peace or safety:

(1) All signs and billboards, awnings and other similar structures over or near streets, sidewalks, public grounds or places frequented by the public, so situated or constructed as to endanger the public safety.

(2) All buildings erected, repaired or altered within the fire limits of the village in violation of the provisions of the ordinances of the village, relating to materials and manner of construction of buildings and structures within the district.

(3) All unauthorized signs, signals, markings or devices placed or maintained upon or in view of any public highway or railway crossing which purport to be or may be mistaken as an official traffic control device, railroad sign or signal or which because of its color, location, brilliance or manner of operation interferes with the effectiveness of any device, sign or signal.

(4) All trees, hedges, billboards or other obstructions which prevent persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk.

(5) All limbs of trees which project over and less than 14 feet above the surface of a public sidewalk or street or less than ten feet above any other public place.

(6) All use or display of fireworks except as provided by the laws of the state and ordinances of the village.

(7) All buildings or structures so old, dilapidated or out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human use.

(8) All wires over streets, alleys or public grounds which are strung less than 15 feet above the surface thereof.

(9) All loud, discordant and unnecessary noises or vibrations of any kind.

(10) All obstructions of streets, alleys, sidewalks or crosswalks and all excavations in or under the same, except as permitted by the ordinances of the village or which, although made in accordance with such ordinances, are kept or maintained for an unreasonable or illegal length of time after the purpose thereof has been accomplished. Obstructions of streets or alleys includes the depositing or placing of leaves, brush or snow into the street or alley.

(11) All open and unguarded pits, wells, excavations or unused basements freely accessible from any public street, alley or sidewalk.

(12) All abandoned refrigerators or iceboxes, from which the doors and other covers have not been removed or which are not equipped with a device for opening from the inside.

(13) Any unauthorized or unlawful use of property abutting on a public street, alley or sidewalk which causes large groups of people to gather, obstructing traffic and free use of the streets or sidewalks.

(14) Repeated or continuous violations of the ordinances of the village or laws of the state relating to the storage of flammable liquids.

(15) All snow and ice not removed or sprinkled with ashes, sawdust or sand as provided in section 74-7.

(16) The conducting of any junk business or the use of any open lot or vacant parcel of land or any part thereof or any uncovered or exposed premises outside of a building as a junkyard or for the purpose of exposing any such junk for sale or for the storage thereof. For the purpose of this article, junk shall consist of scraps of old metal, glass, automobiles wholly or partially dismantled, or the parts thereof, or other partially dismantled machinery, or the parts thereof, or old boxes or other refuse matter. It is intended in this article that no violation of this subsection occurs where the junk is contained wholly within a building so as not to be visible outside of such building.

(17) Camping within the Village of Mukwonago is hereby prohibited. This prohibition includes, but is not limited to, tent camping, mobile home or motor home camping, as well as pop-up (or wagon) camping. Camping activities will be prohibited on all village-owned property, retail or commercial business locations, and along any county or state highways as prohibited under W.S.A. § 86.025. Camping will also be prohibited on any green spaces within the village. Exceptions to this subsection are:

(a) Any designated official campground with sanitary and water provisions.

(b) On the private property of residents, so long as there is no charge or fee for such camping, and sanitary and water provisions are provided by such property owner, and the number of campers does not exceed 20.

(c) Any special event located in a village-owned park that has been approved either by committee, village board or the village clerk's office.

(Code 1966, § 16.02(4)(a)--(q); Ord. No. 611, § I, 1-6-98; Ord. No. 804, § I, 5-15-07)

Secs. 34-33--34-45. Reserved.

DIVISION 2.

ABANDONED, JUNKED, MOTOR VEHICLES*

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* State Law References: Junk automobiles, storage permit required, W.S.A., § 175.25; authority to remove abandoned vehicles, W.S.A., § 342.40.

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Sec. 34-46. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned motor vehicle means a motor vehicle which, through disuse and failure to be used, remains in one location for a period of ten days or more; a motor vehicle which has been reported as stolen to any police department; or a motor vehicle which does not have affixed a current motor vehicle license.

Junked motor vehicle means any motor vehicle which is partially dismantled or wrecked and which cannot safely or legally be operated.

Motor vehicle means any self-propelled land vehicle which can be used for towing or transporting people or materials including, but not limited to, automobiles, trucks, buses, motorized campers, motorcycles, motor scooters, tractors, snowmobiles, etc.

Motor vehicle accessories means any parts of any motor vehicle.

Private property means any real property not owned by the federal government, state, county, school board or other political subdivisions.

Removal means the physical relocation of a motor vehicle to an authorized location.

(Code 1966, § 16.02(4)(r)(1))

Cross References: Definitions generally, § 1-2.

Sec. 34-47. Storage.

(a) No person owning or having custody of any abandoned or junked motor vehicle or motor vehicle accessories shall store or permit any such vehicle or accessories to remain on any private property within the village for a period of more than ten days. No person owning any private property in the village, as determined from the tax assessment records of the village, shall store or permit to remain any such vehicles or accessories on his property for a period of more than ten days. Such storage is hereby declared to be a public nuisance and may be abated or removed and forfeiture may be imposed, as provided in this section. No such person shall be deemed to have violated this subsection until the expiration of the 72 hours provided for in section 34-49(d).

(b) No person, after notification to remove any abandoned or junked motor vehicle or motor vehicle accessories from any private property has been given pursuant to this section, shall move the same to any other private property upon which such storage is not permitted or onto any public highway or other public property. Whenever the chief of police, or any member of his department shall find or be notified that any such vehicle or accessories have been so removed, a 72-hour notice shall be given in the manner provided in section 34-49(d) and the same removed as provided in section 34-50. In addition, forfeitures may be imposed as provided in section 1-12.

(Code 1966, § 16.02(4)(r)(2))

Sec. 34-48. Exceptions.

This division 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 when necessary to the operation of such business enterprise, in a storage place or depository maintained in a lawful place and manner, or seasonal use vehicles such as snowmobiles, motorcycles, motor scooters and nonmotorized campers provided such vehicles are stored in rear yard areas. Such business enterprises shall include auto dealers, auto junkyards, auto repair and auto body shops, but shall not include automobile service stations or tire, battery and accessory sales stores.

(Code 1966, § 16.02(4)(r)(3))

Sec. 34-49. Enforcement.

(a) Investigation. The police department on routine patrol or upon receipt of a complaint may investigate a suspected abandoned or junked motor vehicle or motor vehicle accessories and record the make, model, style and identification numbers and its situation.

(b) Initial notice of removal. Whenever the chief of police or any member of his department shall find or be notified that any abandoned or junked motor vehicle or motor vehicle accessories have been stored or permitted to remain on any private property within the village for more than ten days, the police department shall send by certified mail, or by personal service thereof, a notice to the owner of record of such motor vehicle or accessories, if such owner can be ascertained by the exercise of reasonable diligence, and also to the owner of the private property as shown on the tax assessment records of the village, on which the same is located to remove the junked motor vehicle or motor vehicle accessories within ten days. Such notice shall also contain the following additional information:

(1) Nature of complaint.

(2) Description and location of the motor vehicle and/or motor vehicle accessories.

(3) Statement that the motor vehicle or motor vehicle accessories shall be removed from the premises no later than ten days from date of notification.

(4) Statement that the owner of the motor vehicle and/or motor vehicle accessories, or the owner of the private property on which the same is located may show cause for not removing such motor vehicle or motor vehicle accessories by stating the reasons in a letter of appeal to the chief of police within ten days from date of notification.

(5) Statement that removal from the location specified in the notification to another location upon which such storage is not permitted is prohibited and shall subject the person to additional penalties.

(6) Statement that if removal is made within the time limits specified, notification shall be given in writing to the police department.

(7) Statement of the penalties provided for noncompliance with such notice.

(c) Appeals. Receipt of a letter of appeal as set forth in subsection (b)(4) of this section shall defer action on removal of the motor vehicle or motor vehicle accessories until such appeal has been considered by an appeal board composed of the chief of police, village attorney and the village engineer. The appeal board shall consider the facts of the appeal and shall render a decision within ten days of receipt of the letter of appeal. The appeal board may, if it finds that public health, safety and morals will not be adversely affected, waive the requirement for removal or extend the time for removal. If the board finds it is in the best interest of the village and in order to protect public health, safety and morals, it may order the motor vehicle or motor vehicle accessories to be removed within a period of not to exceed 20 days from the date of the decision. A copy of such decision shall be sent by certified mail, to the person making the appeal.

(d) Final notice of removal. After the expiration of the ten-day time period specified in subsection (b)(3) of this section or the time period specified by the board of review in subsection (c) of this section, the police department shall place a notice in a conspicuous place on the motor vehicle or motor vehicle accessories setting forth briefly the applicable provisions of this section, date of notice, and specifying that unless the vehicle is removed to a lawful place of storage within 72 hours, it will be removed under the authority of this section. If the police department is prevented from or is otherwise unable to place such notice in a conspicuous place on the motor vehicle or motor vehicle accessories, the police department shall send such notice by certified mail to or personally serve the owner of the vehicle or accessories and/or the owner of the property and/or any and all recorded lienholders.

(Code 1966, § 16.02(4)(r)(4))

Sec. 34-50. Authority for removal.

(a) If the abandoned or junked motor vehicle or motor vehicle accessories are not removed within the time period specified in section 34-49(d), the chief of police or any member of his department designated by him is hereby authorized to requisition, at village expense, a private towing company to remove the vehicle to a lawful place of storage.

(b) Where there is more than one vehicle involved, each vehicle shall constitute a separate offense.

(c) Any person who has been charged with a violation of this section may appear at the police station of the village within 72 hours after notification, and may be permitted to enter into a stipulation with the village, represented by the village attorney, for a disposition of the violation. Such stipulation may provide for a plea or stipulation of guilt or nolo contendere and a forfeiture of a deposit of money in the amount not to exceed $45.00 as a penalty for each offense of section 34-46(a) or be punished as provided in section 1-12 for each offense of section 34-46(b).

(Code 1966, § 16.02(4)(r)(5))

Secs. 34-51--34-60. Reserved.

DIVISION 3.

STORAGE OF ABANDONED VEHICLES

Sec. 34-61. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Vehicle means a motor vehicle, trailer, semitrailer or mobile home.

(Code 1966, § 4.10(2))

Cross References: Definitions generally, § 1-2.

Sec. 34-62. Street storage.

No vehicle as defined in W.S.A., § 340.01 shall be left parked or standing on any street or parkway for more than 24 continuous hours unless a permit to do so has first been obtained from the village police department. The word "parkway" means that area between the sidewalk and the nearest curbline running parallel or generally parallel thereto.

(Code 1966, § 4.23)

Sec. 34-63. Inoperable, wrecked or discarded vehicles.

(a) Storage. No person owning or having custody of any partially dismantled, inoperable, wrecked, junked or discarded motor vehicle shall allow such vehicle to remain on any public highway, parking lot or ramp longer than 48 hours after notification thereof by the village police department. Notification shall be accomplished by placing in a conspicuous place on the vehicle and by mailing or serving upon the owner or occupant in charge of the premises a written notice setting forth briefly the applicable provisions of this division and the date of the notice. Any vehicle so tagged which is not removed within 24 hours after notice is declared to be a public nuisance and may be removed and disposed of as provided in section 34-67.

(b) Exemptions. This section shall not apply to a motor vehicle in an appropriate storage place or depository maintained in a lawful place and manner authorized by the village.

(Code 1966, § 4.22)

Sec. 34-64. Abandonment of vehicles prohibited.

No person shall abandon any vehicle unattended within the village for such time and under such circumstances as to cause the vehicle to reasonably appear to be abandoned.

(Code 1966, § 4.10(1))

Sec. 34-65. Presumption of abandonment.

Any vehicle left unattended for more than 48 hours on any public street or grounds, or on private property where parking is prohibited, limited or restricted, without the permission of the owner or lessee, is deemed abandoned and constitutes a public nuisance; provided, however, that the vehicle shall not be deemed abandoned under this division if left unattended on private property out of public view, by permission of the owner or lessee.

(Code 1966, § 4.10(3))

Sec. 34-66. Exceptions.

This division shall not apply to a vehicle in an enclosed building, a vehicle in an appropriate storage place or depository maintained in a lawful place and manner authorized by the village or a vehicle parked in a metered or paid lot or parking space where the required fee has been paid and the meter activated.

(Code 1966, § 4.10(4))

Sec. 34-67. Removal and impoundment or sale.

Any vehicle found abandoned in violation of this article shall be impounded by the village police department until lawfully claimed or disposed of as provided in this division. If the chief of police or his duly authorized representative determines that towing costs and storage charges would exceed the value of the vehicle, the vehicle may be junked or sold prior to the expiration of the impoundment period upon a determination by the chief of police that the vehicle is not wanted for evidence or any other reason; provided, however, that vehicles in excess of 19 model years of age shall be sold or disposed of only by auction, sale or sealed bid in accordance with subdivision (8) of this section.

(Code 1966, § 4.10(5))

Sec. 34-68. Minimum impoundment period.

The minimum period of impoundment or storage of a vehicle found in violation of this division shall be ten days.

(Code 1966, § 4.10(6))

Sec. 34-69. Notice to owner.

The village police department, by removing or causing the removal of any vehicle found in violation of this division shall immediately notify the chief of police of the abandonment and location of the impounded vehicle, and shall within ten days thereafter notify the owner and lienholders of record, by certified mail, of the impoundment and of their right to reclaim the vehicle. The notice shall set forth the information contained in W.S.A., § 342.40(3), and shall state that the failure of the owner or lienholders to exercise their rights to reclaim the vehicle shall be deemed a waiver of all right, title and interest in the vehicle and a consent to sale of the vehicle.

(Code 1966, § 4.10(7))

Sec. 34-70. Sale.

Each retained vehicle not reclaimed by the owner or lienholder may be disposed of by sealed bid or auction sale.

(Code 1966, § 4.10(8))

Sec. 34-71. Sale to bar claims against vehicle.

The sale of a motor vehicle under the provisions of this division shall forever bar all prior claims thereto and interest therein except as provided in this division.

(Code 1966, § 4.10(9))

Sec. 34-72. Purchaser to remove vehicle.

The purchaser of any vehicle on sealed bid or auction sale under section 34-70 shall have ten days to remove the vehicle from the storage area upon payment of a storage fee of $10.00 for each day the vehicle has remained in storage after the second business day subsequent to the sale date. Ten 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 again sold.

(Code 1966, § 4.10(10))

Sec. 34-73. Request for list of vehicles sold.

Any listing of vehicles to be sold pursuant to this division shall be made available by the chief of police to any interested person or organization who makes a written request therefor, for a fee of $5.00.

(Code 1966, § 4.10(11))

Sec. 34-74. Notice to state department of transportation.

Within five days after the sale or disposition of a vehicle under this division, the village clerk shall advise the state department of transportation of such sale or disposition on a form supplied by the department.

(Code 1966, § 4.10(12))

Sec. 34-75. Owner may file.