ORDINANCE NO. 2371

BY: ________________________________

AN ORDINANCE TO REPEAL AND RECREATE

SECTION 10.65 OF THE MUNICIPAL CODE

REGARDING JUNKED MOTOR VEHICLES.

The Common Council of the City of Oak Creek does hereby ordain as follows:

SECTION 1:    Section 10.65 of the Municipal Code is hereby repealed and recreated to read as follows:

SECTION 10.65, JUNKED MOTOR VEHICLES.

(a)        Purpose.  Damaged, partially dismantled or junked motor vehicles upon private premises constitute an eyesore and tend to depreciate property values contrary to the public welfare.  Whenever such vehicles are junked motor vehicles or are partially dismantled, are unsafely elevated, are parked on unapproved surfaces or are rendered favorable to the harborage of rodents and insects, they may create a health or safety hazard or create a threat to the public welfare and as such constitute a public nuisance.

(b)        Definitions.  The following definitions shall be applicable in this section:

1.         Junked Motor Vehicle.  A motor vehicle which is:

a.         Not in good and safe operating condition, as provided in Chapter 347 Wis. Stats., or

b.         Missing parts including, but not limited to windows, lights, frames, bumpers or engine parts, all as required by Chapter 347 Wis. Stats., or

c.         Unregistered pursuant to Chapter 341 Wis. Stats.

2.         Owner.  Includes owner, owners, tenants, lessees, and occupants.

3.         Abandoned Motor Vehicle.  Any vehicle that has been left unattended or is allowed to remain standing for more than forty-eight (48) hours on private property without the permission of the property owner or on public property without the permission of a duly authorized City official.

4. Junked Motor Vehicle Parts.  A portion of a motor vehicle, including, but not limited to:

a. Tires.

b. Windows.

c. Doors

d. Truck lid or hood

e. Wheels

f. Engine

g. Exhaust.

h. Suspension components.

i. Any other object or item normally attached to, and a part of, a motor vehicle.

4. Premises.  All or part of a platted lot, an unplatted lot or parcel of land or a plot of land either occupied or unoccupied by any building or structure, equipment or property of any kind.

5. Premises owner.  Any person who alone or jointly with others has legal title to any facility or premises with or without having actual occupancy; or who has charge, care or control of the facility or premises as owner or agent or the owner or as executor, administrator, trustee or guardian of the estate of the owner.

6. Vehicle.  A motor vehicle as defined in S. 340.01(35), Wis. Stats.

(c)        Certain Vehicles Prohibited.  Except where permitted by a valid occupancy permit, no premises owner or vehicle owner may allow any of the following on a premises owner’s private premises.

1.         A vehicle that is damaged in a manner that would adversely affect its operation or partially dismantled.

2.         A vehicle in a sufficiently deteriorated condition to constitute a public nuisance.

3.         A vehicle that is unsecured or unsafely elevated on blocks or other objects.

4.         A vehicle whose condition renders it favorable to the harborage of rodents and insects.

5.         A vehicle that constitutes an eyesore and tends to depreciate property values contrary to the public welfare so as to constitute a public nuisance.

6.         A vehicle that is in such condition or parked in such a way to render such vehicle a health and safety hazard.

(d) Junked Motor Vehicle as Threat to Public Welfare.  A junked motor vehicle, as defined in Sub. (b)(1) and (c), constitutes a threat to the public welfare.

(e) Condemnation of Vehicles.  Whenever the building commissioner believes or has reasonable grounds to believe any vehicle on private premises is a junked motor vehicle or to be in such condition or parked in such a way so as to render such vehicle a health or safety hazard or a threat to the public welfare, the building commissioner may condemn the vehicle in accordance with the following procedures:

1.         Order.  The building commissioner shall, through personal delivery or the regular mail, serve a written order of condemnation on the owner of the premises at the owner’s last known address, if ascertainable.

2.         Format.  The order shall:

a.         Include a description of the premises and vehicle.

b.         Include an explanation for the issuance.

c.         Include a statement concerning the time period by which the vehicle must be removed or its condition corrected.

d.         Include a statement of the consequences if the city removes the vehicle.

e.         Include an explanation of the right to petition the building commissioner for a hearing within ten days and a statement that any vehicle owner or premises owner who does not file a petition for a hearing within ten days of the order waives the right to assert that the vehicle did not meet the criteria for a vehicle that is subject to removal under this section.

3.         Notice and Placard.  Whenever the building commissioner issues such an order:

a.         The building commissioner shall through personal delivery or regular mail, serve a notice of condemnation on the last registered owner of the vehicle at the owner’s last known address if ascertainable.

b.         The building commissioner shall provide notice of condemnation on a placard that bears the word “Condemned” and post a copy of the placard in a conspicuous place on the vehicle.  The placard may be posted at any time after the commissioner determines that the vehicle constitutes a nuisance.

(f) Hearing.  A request for a hearing before the building commissioner must be filed within ten days from the time the vehicle has been condemned and be in writing, explaining why the vehicle should not be removed from the premises.

1.         Upon receipt of the request for a hearing, the building commissioner shall halt the condemnation of the vehicle, pending the decision of the building commissioner.

2.         If the building commissioner upholds the condemnation of the vehicle, the premises owner or the vehicle owner may appeal the decision to the Small Claims Committee of the Common Council within seven days from receipt of the decision of the building commissioner.  If the premises owner or the vehicle owner fails to file an appeal in writing within seven days the building commissioner’s decision shall be final.  Whenever a vehicle owner or premises owner does not file a request for a hearing under Sub (f), 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.

            (g)        Removal of Condemned Vehicles.  Not less than ten days after the mailing or service and posting of an order and notice if no petition for a hearing has been filed, or not less than ten days after the building commissioner’s decision if a request for hearing is filed or not less than ten days after the decision of the Small Claims Committee if an appeal has been filed, and if the vehicle has not been removed or its condition corrected, the building commissioner may have the vehicle removed and destroyed at the city’s expense.  The costs of such action shall be collected from the owner of the premises at which the vehicle had been stored, from the owner of the vehicle or may be charged against the premises and assessed as other special charges are, upon notification by the building commissioner to the city clerk.

            (h)        Exceptions.  This section shall not apply to a vehicle in an enclosed building or if the vehicle is stored behind a fence so that the junked motor vehicle is shielded from the public view and from the view of neighboring properties, or on the premises of an auto repair business, a service station, a junk yard or other such business, as long as the business is licensed and operated according to the law, or to a vehicle which is in an appropriate storage place maintained by the city.

(i) Enforcement.

1. The building commissioner shall enforce this section.

2. In addition to other applicable enforcement procedures and pursuant to Sec. 66.0113, Wis. Stats., City personnel may issue citations pursuant to the citation procedure in Sec. 1.20 to 1.26 to any person violating this section.

(j) Penalties.

1. Violations.  Any person convicted of violating this section shall be subject to a forfeiture under Sec. 1.07.  Each day of violation shall be a separate offense.

2. Citations.  In addition to other applicable enforcement procedures and pursuant to  Sec. 66.0113, Wis. Stats., City personnel may issue citations pursuant to the citation procedure in Sec. 1.20 to 1.26 to any person violating this section.

Section 2:    All ordinances and parts of ordinances in contravention to this ordinance are hereby repealed.

SECTION 3:  This ordinance shall take effect and be in force from and after its passage and publication.

Introduced this _______ day of ____________________, 2005.

Passed and adopted this _______ day of __________________, 2005.

                                                                                    ____________________________________

                                                                                    President, Common Council

Approved this _______ day of ___________________, 2005.

                                                                                    ____________________________________
                                                                                    Mayor

ATTEST:

__________________________________                VOTE:             Ayes_____      Noes______
City Clerk