§ 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 Village of Mukwonago Judicial Committee (comprised of two judicial committee members and one alternate village trustee selected by the judicial committee chairperson). Upon receipt of such written appeal, the police code enforcement officer shall notify the chairperson of the judicial committee of the appeal. The chairperson of the judicial committee shall place the appeal hearing on the agenda for the next scheduled judicial committee meeting unless circumstances merit a more timely meeting. The police code enforcement officer shall then send via certified mail, or personal service thereof, notice of the date and time of such judicial committee meeting to the appellant, once same is placed on the official agenda. The appeal board shall consider the facts of the appeal and shall render a decision within ten days of the judicial committee hearing. The appeal board may, if it finds that public health, safety and morals and decency will not be adversely affected, waive the requirement for removal or extend the time for removal. If the appeals board finds it is in the best interest of the village and in order to protect public health, safety or morals and decency, it may order the motor vehicle or motor vehicle accessories to be removed within a period not to exceed 20 days from the date of the decision. A copy of such decision shall be sent via 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); Ord. No. 823, § II, 9-15-09)