NUMB:
981744
VERS:
SUBSTITUTE 1
REF:
XXBY:
Ald. Murphy and Hines
TITL:
An ordinance relating to nuisance vehicles.
SECS:
80-49-1 rc
80-49-2-a rn
80-49-2-a cr
80-49-2-b rn
80-49-2-b cr
80-49-2-c rn
80-49-2-c cr
80-49-2-d rn
80-49-3-a am
80-49-3-c am
80-49-3.5 cr
80-49-4-0 am
80-49-4-b-5 am
80-49-4-e cr
ANLS:
- Analysis -
This ordinance expands the conditions that allow a motor vehicle to be condemned. Existing regulations allow the commissioners of health or neighborhood services to condemn a vehicle on private premises if it is a health or safety hazard. The ordinance adds authority to condemn a "junk motor vehicle" or any vehicle that is a threat to the public welfare. The ordinance specifies that an owner who does not request a hearing on condemnation of a vehicle waives his or her right to assert that the vehicle did not meet the ordinance's criteria for removal of a vehicle.
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 80-49-1 of the code is repealed and recreated to read:
80-49. Nuisance Vehicles. 1. PURPOSE. Damaged, partially dismantled or junk motor vehicles upon private premises, except where permitted by a valid occupancy permit, constitute an eyesore and tend to depreciate property values contrary to the public welfare. Whenever such vehicles are junk 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.
Part 2. Section 80-49-2-a to d of the code is renumbered 80-49-2-d to g.
Part 3. Section 80-49-2-a to c of the code is created to read:
2. DEFINITIONS.
a. "Inoperable" means a motor vehicle that is incapable of being propelled under its own power including, but not limited to, a motor vehicle meeting any of the following criteria:
a-1. Is missing an engine.
a-2. Is missing a battery.
a-3. Is missing a transmission.
a-4. Is missing a wheel.
a-5. Is elevated on blocks or other objects.
a-6. Is missing a tire or has a deflated tire.
b. "Junk motor vehicle" means a motor vehicle meeting any 3 of the following criteria:
b-1. Has not been moved for 30 consecutive days.
b-2. Is partially dismantled.
b-3. Is inoperable.
b-4. Is parked on a surface that is not an approved surface under s. 252-74-1 and 2.
b-5. Is unlicensed or improperly licensed.
c. "Partially dismantled" means, but is not limited to, a motor vehicle meeting any of the following criteria:
c-1. Is missing a door, fender or hood.
c-2. Is missing a windshield or window or has a broken windshield or window.
Part 4. Section 80-49-3-a and c of the code is amended to read:
3. CERTAIN VEHICLES PROHIBITED.
a. A vehicle that is [[rusted,]] damaged [[,]] >>in a manner that would adversely affect its operation or<< partially dismantled [[or unkempt]] .
c. A vehicle that is unsecured or unsafely [[parked]] >>elevated<< on blocks >>or other objects<<[[or an unpaved surface]] .
Part 5. Section 80-49-3.5 of the code is created to read:
3.5. JUNK MOTOR VEHICLE AS THREAT TO PUBLIC WELFARE. A junk motor vehicle, as defined in sub. 2-b, constitutes a threat to the public welfare.
Part 6. Section 80-49-4-0 of the code is amended to read:
4. CONDEMNATION OF VEHICLES. Whenever the commissioner believes or has reasonable grounds to believe that a vehicle on private premises >>is a junk 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 commissioner may condemn the vehicle in accordance with the following procedures:
Part 7. Section 80-49-4-b-5 of the code is amended to read:
b. Format. The order shall:
b-5. Include an explanation of the right to petition the commissioner for a hearing within 72 hours >>and a statement that any vehicle owner or premises 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<< .
Part 8. Section 80-49-4-e of the code is created to read:
e. Waiver. Whenever a vehicle owner or premises owner does not file a request for a hearing under par. d, 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.
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: _____________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
___________________________________
Office of the City Attorney
Date: _____________________
ZDPT:
Neighborhood Services
DFTR:
98392-4
CW
3/29/99