A. Prohibition. No person shall leave unattended any motor vehicle, trailer, semitrailer or mobile home on any public 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. Any such vehicle in the same place for 48 hours or more, or parked on a public roadway in such a manner as to constitute a hazard, or parked in a posted no-parking zone shall be deemed abandoned and a public nuisance. A motor vehicle shall not be considered abandoned when it is out of ordinary public view or when designated as not abandoned by the sheriff or his or her duly authorized representative. See also s. 8-4 of this Municipal Code.
B. Removal of Abandoned Vehicles. Any law enforcement officer who discovers any motor vehicle, trailer, semitrailer or mobile home which has been abandoned on any public highway or public property shall cause the vehicle to be removed or towed to a suitable place of impoundment. Upon removal, the law enforcement officer shall notify the sheriff of the abandonment and the location of the vehicle.
C. Impoundment; Disposal of Junked Vehicles. Any vehicle in violation of subsection A. shall be impounded until lawfully claimed or disposed of under subsection E., except that if it is deemed by the sheriff that the cost of towing and storage charges for the impoundment would exceed the value of the vehicle, the vehicle may be junked or sold prior to expiration of the impoundment period upon determination by the sheriff or chief of police that the vehicle is not stolen or otherwise wanted for evidence or other reason. All substantially complete vehicles in excess of 19 model years of age shall be disposed of in accordance with subsection E.
D. Responsibility for Costs. The sheriff is authorized to charge a reasonable fee for storage of the vehicle and may also recover the actual cost of towing from the owner or lienholders of record. Pursuant to Wis. Stat. s. 342.40(3)(b), this section does not apply to stolen vehicles.
E. Sale of Abandoned Vehicles.
1. Any vehicle which is deemed abandoned by the sheriff or a duly authorized Village representative and not disposed of under subsection C. shall be retained in storage for a minimum period of ten days after certified mail notice has been sent to the owner and lienholders of record to permit reclamation of the vehicle after payment of accrued charges. Such notice shall set forth the year, make, model and serial number of the abandoned vehicles, the place where the vehicle is being held, and shall inform the owner and lienholders of record of their right to reclaim the vehicle. The notice shall state that failure of the owner or lienholders to exercise their rights to reclaim the vehicle under this section shall be deemed a waiver of all right, title and interest in the vehicle and a consent to the sale of the vehicle.
2. A public notice of the sale shall be posted at the office of the sheriff or in the courthouse. The posted notice shall be in the same form as the certified notice sent to owners and lienholders of record under subsection 1.
3. Each vehicle not reclaimed by the owner or lienholders may be sold. The Village may dispose of the vehicle by sealed bid or auction sale. Any interested person may offer bids on each abandoned vehicle to be sold. At such sale the highest bid for any vehicle shall be accepted unless the bid is deemed inadequate by the sheriff or a duly authorized Village representative, in which event all bids may be rejected. If all bids are rejected or no bid is received, the Village may re-advertise the sale, adjourn the sale to a definite date, sell the vehicle at a private sale or junk the vehicle.
4. The purchaser of a vehicle under this section shall have ten calendar days to remove the vehicle from the storage area, but shall pay the storage fee established by the sheriff for each day the vehicle remains in storage after the second business day following the sale. The Village shall supply the purchaser with a completed form supplied by the state department of transportation enabling the purchaser to obtain a regular certificate of title for the vehicle. If the purchaser fails to remove the vehicle within ten calendar days after the sale, the purchaser shall forfeit all interest in the vehicle and it shall be deemed abandoned and may be resold.
5. Within five days after the sale or disposal of a vehicle as provided in this section, the Village shall notify the state department of transportation of the sale or disposition of the vehicle.
F. Release of Personal Property. Personal property contained in all vehicles impounded under this section shall be inventoried. All such property which is determined not to be stolen, evidence, or contraband may be released to the owner upon request and upon proof of identification and ownership. No payment shall be required to obtain release of these items. Personal property shall be released during regular Village Hall office hours. Personal property not claimed by the owner within five days of the sale or disposal of the vehicle shall be disposed of in accordance with the procedures established by state law or this Code for abandoned personal property.