Village of Greendale, WI
Milwaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Greendale as Ch. 10 of the Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Public peace and good order — See Ch. 9.
Public health and welfare — See Ch. 10.
Fire prevention — See Ch. 14.
Zoning — See Ch. 17.

10.01 Public nuisances prohibited.

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

10.02 Public nuisance defined.

A public nuisance is a thing, act, occupation, condition or use of property which continues for such length of time as to:
(1) 
Substantially annoy, injure or endanger the comfort, health, repose or safety of the public.
(2) 
In any way render the public insecure in life or in the use of property.
(3) 
Greatly offend the public morals or decency.
(4) 
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.

10.03 Public nuisances affecting health.

The following acts, omissions, places, conditions and things are specifically declared to be public health nuisances, but such enumeration shall not be construed to exclude other health nuisances coming within the definition of § 10.02:
(1) 
Adulterated food. All decayed, adulterated or unwholesome food or drink sold or offered for sale to the public.
(2) 
Unburied carcasses. 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) 
Breeding places for insects or vermin. Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, scrap metal or any material in which flies, mosquitoes, disease-carrying insects, rats or other vermin can breed.
(4) 
Stagnant water. All stagnant water in which mosquitoes, flies or other insects can multiply.
(5) 
Privy vaults and garbage cans. Privy vaults and garbage cans which are not flytight.
(6) 
Noxious weeds. All noxious weeds and other rank growth of vegetation. All weeds and grass shall be kept cut to a height not to exceed one foot. The Village may cause all weeds and grass to be cut and removed and brush to be removed and the cost charged to the property under § 66.0627, Wis. Stats.
(7) 
Water pollution. 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.
(8) 
Noxious odors, etc. Any use of property, substances or things within the Village emitting or causing any foul, offensive, noisome, noxious or disagreeable odors, gases, effluvia or stenches extremely repulsive to the physical senses of ordinary persons which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons within the Village. Also see § 17.04(21), Odorous matter in all business and manufacturing zoning districts, of the Village of Greendale Zoning Code.
[Amended 5-20-2008 by Ord. No. 839]
(9) 
Street pollution. Any use of property which causes any noxious or unwholesome liquid or substance to flow into or upon any street, gutter, alley, sidewalk or public place within the Village.
(10) 
Air pollution. The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash, industrial dust or other atmospheric pollutants within the Village or within one mile therefrom in such quantities as to endanger the health of persons of ordinary sensibilities or threaten or cause substantial damage to property in the Village.
(11) 
Outdoor wood furnaces. "Outdoor wood furnace" means any equipment, enclosure, device or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of wood to produce heat or energy used as a component of a heating system providing heat for any interior space. Notwithstanding anything to the contrary set forth in this section or this Code, outdoor wood furnaces are prohibited and no person shall construct, install, operate or use or suffer to construct, install, operate or use an or any outdoor wood furnaces to provide heat to any building, structure, or equipment upon any property in the Village.
[Added 12-6-2005 by Ord. No. 826]

10.04 Public nuisances offending morals and decency.

The following acts, omissions, places, conditions and things are specifically declared to be public nuisances offending public morals and decency; but such enumeration shall not be construed to exclude other nuisances offending public morals and decency coming within the definition of § 10.02:
(1) 
Disorderly houses. All disorderly houses, bawdy houses, houses of ill fame, gambling houses and buildings or structures kept or resorted to for the purpose of prostitution, promiscuous sexual intercourse or gambling.
(2) 
Gambling devices. All gambling devices and slot machines.
(3) 
Unlicensed sale of liquor and beer. All places where intoxicating liquor or fermented malt beverages are sold, possessed, stored, brewed, bottled, manufactured or rectified without a permit or license as provided for by the ordinances of the Village.
(4) 
Continuous violation of Village ordinances. Any place or premises within the Village where Village ordinances or state laws relating to public health, safety, peace, morals or welfare are openly, continuously, repeatedly and intentionally violated.
(5) 
Illegal drinking. Any place or premises resorted to for the purpose of drinking intoxicating liquor or fermented malt beverages in violation of state laws.

10.05 Public nuisances affecting peace and safety.

The following acts, omissions, places, conditions and things are 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 coming within the definition of § 10.02:
(1) 
Dangerous signs, billboards, etc. All signs, 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) 
Illegal buildings. All buildings erected, repaired or altered in violation of Village ordinances relating to materials and manner of construction of buildings and structures within the Village.
(3) 
Unauthorized traffic signs. 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 official traffic control devices or railroad signs or signals or which, because of their color, location, brilliance or manner of operation, interfere with the effectiveness of any such device, sign or signal.
(4) 
Obstruction of intersections. 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) 
Low-hanging tree limbs. All limbs of trees which project over and less than 10 feet above any public sidewalk, street or other public place.
(6) 
Dangerous trees. All trees which are a menace to public safety or are the cause of substantial annoyance to the general public.
(7) 
Fireworks. All use or display of fireworks except as provided by state laws and Village ordinances.
(8) 
Dilapidated buildings. All buildings or structures so old, dilapidated or out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human use.
(9) 
Low-hanging wires and cables. All wires and cables over streets, alleys or public grounds which are strung less than 15 above the surface thereof.
(10) 
Noisy animals or fowl. The keeping or harboring of any animal or fowl which, by frequent or habitual howling, yelping, barking, crowing or making of other noises, greatly annoys or disturbs a neighborhood or any considerable number of persons within the Village.
(11) 
Obstructions of streets; excavations. 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, but including those 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 or which do not conform to the permit.
(12) 
Unlawful assemblies. Any unauthorized or unlawful use of property abutting on a public street, alley or sidewalk or of a public street, alley or sidewalk which causes large crowds of people to gather, obstructing traffic and free use of the streets or sidewalks.
(13) 
Blighted buildings and premises.
(a) 
Premises existing within the Village which are blighted because of faulty design or construction, failure to maintain them in a proper state of repair, improper management, or due to the accumulation thereon of junk or other unsightly debris, structurally unsound fences, and other items which depreciate property values and jeopardize or are detrimental to the health, safety, morals or welfare of the people of the Village.
(b) 
The blighted premises contribute to conditions that are dangerous to the public health, safety, morals and general welfare of the people; the conditions necessitate excessive and disproportionate expenditure of public funds for public health, public safety, crime prevention, fire protection and other public services; and the conditions cause a drain upon public revenue and impair the efficient and economical exercise of governmental functions in such areas.
(c) 
Elimination of blighted premises and prevention of blighted premises in the future is in the best interest of the citizens and this shall be fostered and encouraged by this chapter. It is essential to the public interest that this chapter be liberally construed to accomplish the purposes of this subsection.
(14) 
Storage of junk. No person shall store junked or discarded property, including automobile parts, refrigerators, furnaces, washing machines, stoves, machinery or machinery parts, wood, bricks, cement blocks or other unsightly debris, which substantially depreciates property values in the neighborhood, except in an enclosure which houses such property from public view or upon permit issued by the Village Board.
[Added by Ord. No. 640]
(15) 
Nuisance motor vehicles.
[Added by Ord. No. 640]
(a) 
Definitions. As used in this subsection, the following terms shall have the meaning indicated:
ABANDONED MOTOR VEHICLE
Includes a motor vehicle which does not have a current motor vehicle license affixed to it or a motor vehicle which has been reported as stolen to any police department or a motor vehicle which, through disuse and failure to be used, remains in one location for a period of more than 48 hours.
MOTOR VEHICLE
Includes a mobile home, moped, motor bicycle, motor bus, motorcycle, motor-driven cycle, motor home, motor truck and motor vehicle as defined in Ch. 340, Wis. Stats.
NUISANCE MOTOR VEHICLE
Includes any inoperable, unlicensed, unroadworthy, disassembled, wrecked or abandoned motor vehicle. A vehicle for which a license has been applied for shall be deemed a licensed vehicle herein if proof of application is prominently displayed on the front windshield.
REPAIR WORK
Includes mechanical, electrical and body work, maintenance, construction, reconstruction, assembly, disassembly, restoration, painting, upholstering or any similar or related work performed on any motor vehicle.
STREET REPAIRS
Temporary repair work performed on a motor vehicle in a manner and place which will not create a danger or hazard to vehicular or pedestrian traffic.
TEMPORARY REPAIR WORK
Repair work which is performed within 24 hours of a motor vehicle becoming unexpectedly unroadworthy on a street, highway or thoroughfare, which work will make or attempt to make such motor vehicle roadworthy.
(b) 
Prohibition. No person shall keep, place or store any nuisance motor vehicle or perform repair work or street repairs upon any public thoroughfare, street or highway or upon any private or public property within the Village in a manner inconsistent with this section.
(c) 
Limitations on repair work.
1. 
Repair work upon residentially zoned private property cannot be performed for financial gain or profit obtained through fees, barter, charges or appreciation in the value of a motor vehicle purchased for the purpose of resale. Repair work upon other than residentially zoned property shall be in accordance with the Village zoning ordinances[1] and in compliance with applicable state and Village laws, rules and regulations, licenses and permits.
[1]
Editor's Note: See Ch. 17, Zoning Code.
2. 
Except for authorized street repairs, repair work which renders a motor vehicle inoperable for a period of more than three working days must be performed in a garage or enclosed structure or fenced-in area which screens repair work from the view of the owners, users and occupiers of abutting and neighboring properties and from the view of the passersby using public thoroughfares, streets and highways.
3. 
Street repairs may be performed only within the scope of the definition thereof.
(d) 
Limitations on nuisance motor vehicles. Nuisance motor vehicles may be kept, placed or stored outside of a garage or enclosed structure only in conjunction with an authorized and licensed auto sales, repair or salvage business lawfully operating within a properly zoned area and in compliance with all state and local laws, rules, regulations, licenses and permits.
(e) 
Removal of nuisance motor vehicles.
1. 
Authority to tow. Subject to the procedures hereinafter set forth, nuisance motor vehicles may be towed and stored by the Police Department at the cost and expense of the owner thereof. Unclaimed towed vehicles may be disposed of by towers through means and procedures authorized by law.
2. 
Notice of intent to tow from private property. The owner of a nuisance motor vehicle which is upon private property shall be notified of a violation of this section and provided with 10 full calendar days to repair, assemble, make the vehicle operable and roadworthy and license any vehicle which may not be licensed or, in the alternative, place such vehicle in a garage or enclosed structure or place such vehicle within an authorized and licensed sales, repair or salvage business lawfully operating within a properly zoned area and in compliance with all state and local laws, rules, regulations, licenses and permits.
3. 
Notice of intent to tow from public property and rights-of-way. The owner of a nuisance motor vehicle which is upon public property or rights-of-way shall be notified of a violation of this section and provided with 24 hours to repair, assemble, make the vehicle operable and roadworthy and license any vehicle which may not be licensed or, in the alternative, place such vehicle in a garage or enclosed structure or place such vehicle within an authorized and licensed sales, repair or salvage business lawfully operating within a properly zoned area and in compliance with all state and local laws, rules, regulations, licenses and permits.
4. 
Service of notice to tow and computation of time for private property. If the owner of a nuisance motor vehicle which is upon private property can be reasonably determined, service of the notice of intent to tow shall be attempted thereon by personal service, verified by an affidavit of service or by registered or certified mail with return receipt, and, in addition thereto, a stick-on or otherwise waterproofed and fastened notice of intent to tow shall be posted on the nuisance motor vehicle, which notice shall be deemed adequate notice in the event that there is no service of notice of intent to tow by personal service or return receipt from registered or certified mail. The ten-day time limit provided to procure voluntary compliance with this section shall commence to run the day after the nuisance motor vehicle is posted.
5. 
Service of notice of intent to tow and computation of time for public property, streets, alleys and rights-of-way. If the owner of a nuisance motor vehicle which vehicle is upon any public property, street, alley or right-of-way can be reasonably determined, such owner shall be given oral and/or written notice of intent to tow, and, in addition thereto, a stick-on or otherwise waterproofed and fastened notice of intent to tow shall be posted on the nuisance motor vehicle, which notice shall be deemed adequate in the event that there is no oral and/or written notice of intent to tow provided to the nuisance motor vehicle owner. The twenty-four-hour time limit provided to procure voluntary compliance with this section shall commence to run at such time as the nuisance motor vehicle is posted.
6. 
Extensions of time. The Police Department, for good cause, upon the nuisance motor vehicle owner's request, may grant a reasonable extension of any time imposed herein to enable a nuisance motor vehicle owner to voluntarily comply with this section.
7. 
Other ordinances and laws. A nuisance motor vehicle may be towed under authority of any other ordinance or law pursuant to procedures therein specified, where a tow is authorized by another ordinance or law for reason other than a violation of this section.
8. 
Nontolling of period of time provided to comply with this section. The period of time allowed an owner of a nuisance motor vehicle to comply with this section in order to avoid a tow shall not be tolled by the fact of a temporary removal of such vehicle from the place where the violation of this section was noticed to occur under circumstances where the vehicle continues to be a nuisance motor vehicle.
9. 
Sanction for noncompliance. The owner of a nuisance motor vehicle who fails in a timely manner to comply with this section shall be subject to having his nuisance motor vehicle towed and stored at his expense and shall as hereinafter provided be subject to a money forfeiture and to potential imprisonment in the county jail as provided for in § 25.04 of this Code should a court-imposed forfeiture not be paid in a timely manner. Each day of violation of this section shall be deemed a separate offense. A citation for a violation of this section is not a precondition to a nuisance motor vehicle being towed under authority of this section.
10. 
Hearing. The notice of intent to tow shall provide the owner of a nuisance motor vehicle with an opportunity to request a hearing before a designee of the Police Chief to enforce this section. Where a hearing is requested within the time provided for compliance with this section in the notice, no action shall be taken to tow the vehicle or issue a citation hereunder until the hearing is held. However, the owner may be required to appear for a hearing to be scheduled within 24 hours of the request. The failure of the owner to appear at a scheduled hearing shall constitute a waiver of such right to a hearing. Hearings may be conducted over the telephone at the request of or with the consent of the nuisance motor vehicle owner. The purpose of a hearing hereunder is to permit the nuisance motor vehicle owner to show that the nuisance motor vehicle sought to be towed is not, in fact, a nuisance motor vehicle which is subject to tow hereunder. The person conducting such hearing, which shall be informal, shall note in writing the facts presented and position of the nuisance motor vehicle owner, shall mark and retain exhibits and shall determine in writing whether or not this section has been violated. If this section has been determined by such person to have been violated, the nuisance motor vehicle owner shall be notified of a compliance date, which shall be reasonable under all of the circumstances.
11. 
Appeal.
a. 
Appeal shall be as hereinafter provided, the Village electing not to be governed by Ch. 68, Wis. Stats.
b. 
An aggrieved party desiring to appeal from a hearing determination under Subsection (15)(e)10 may file a written notice of appeal which must be received by the Police Department prior to the expiration of the time for compliance with this section provided for in the notice of intent to tow. The notice of appeal shall state the error alleged in the initial decision and shall provide the address and telephone number of appellant. The appeal shall be heard by the Village Manager or his designee. The review shall be upon the record and a written determination affirming or denying the initial decision maker shall be made. No vehicle shall be towed until the appeal process is completed and then only where the decision of the initial decision maker finding a violation of this section is upheld and only after the appellant has been notified of the appeal decision and given at least 24 hours to comply with this section. Further appeal would be by writ of certiorari to the Circuit Court.
12. 
Notice of towing. Where a nuisance motor vehicle is towed hereunder and where the owner and owner's address of the towed vehicle are known or reasonably ascertainable to the person who authorized the tow, such owner shall be provided notice, either personally or by regular mail, that the vehicle has been towed by a certain tower to a certain location. The owner shall be provided with the tower's telephone number and advised that the vehicle should be claimed therefrom upon payment of the appropriate towing and storage charges as soon as possible for daily storage charges are accumulating. The notice shall also indicate that the vehicle may be disposed of by the tower to recoup such charges in a manner and through a procedure authorized by law.
13. 
Disposal of nuisance motor vehicles.
a. 
Vehicles exceeding $100 in value. If the Chief of Police or his authorized representative determines that the value of a nuisance motor vehicle exceeds $100, he shall notify the owner and lienholders of record by certified mail that the vehicle has been impounded by the Village and may be reclaimed within 10 days upon payment of the accrued towing, storage and notice charges and, if not so reclaimed, shall be sold. If a nuisance motor vehicle exceeding $100 in value is not reclaimed within the period and under the conditions provided in this subsection, it may be sold by sealed bid or at auction. If no satisfactory bid is received, the vehicle may be sold at private sale. After deducting the expenses of impoundment and sale, the balance of the proceeds, if any, shall be paid into the Village treasury.
b. 
Vehicles of less than $100 in value. Any nuisance motor vehicle which is determined by the Chief of Police or his authorized representative to have a value of less than $100 may be disposed of by direct sale to a licensed salvage dealer upon determination that the vehicle is not reported stolen.
14. 
Owner responsible for impoundment and sale cost. The owner of any nuisance motor vehicle, except a stolen vehicle, is responsible for all costs of impounding and disposing of the vehicle, provided that no such costs shall be imposed without notice thereof to the owner and an opportunity for the owner to be heard thereon as provided in this section.

10.06 Dutch elm disease.

(1) 
Public nuisance declared. The Village Board, having determined that the health of the elm trees within the Village is threatened by a fatal disease known as "Dutch elm disease," hereby declares the following to be public nuisances:
(a) 
Any living or standing elm tree or part thereof infected with Dutch elm disease fungus or which harbors any of the elm bark beetles Scolytus multistriatus (Eichh) or Hylurgopinus rufipes (Marsh).
(b) 
Any dead elm tree or part thereof, including logs, branches, firewood, stumps or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle destroying insecticide.
(2) 
Director of Public Works. The Director of Public Works shall have the powers and perform the duties imposed by this section and by Ch. 27, Wis. Stats.
(3) 
Definitions. For the purpose of this section, the following phrases are defined as follows:
(a) 
Dutch elm disease.
(b) 
Elm bark beetles, Scolytus multistriatus (Eichh) or Hylurgopinus rufipes (Marsh).
(c) 
Any living or standing elm tree infected with Dutch elm disease fungus or in a weakened condition which harbors any of the elm bark beetles.
(d) 
Any dead elm tree or part thereof, including logs, branches, firewood, stumps or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle destroying concentrate.
PUBLIC PROPERTY
Any premises owned or controlled by the Village, including but not restricted to public sites, parks, playgrounds, streets, alleys, sidewalks, boulevards and terrace strips between the lot line and the curb or improved portion of any public way.
(4) 
Inspections.
(a) 
The Director of Public Works shall inspect at least twice a year all premises and places within the Village to determine whether any public nuisance exists thereon. He shall also inspect any elm tree reported or suspected to be infected with Dutch elm disease or any elm bark bearing material reported or suspected to be infested with elm bark beetles.
(b) 
Whenever necessary to determine the existence of Dutch elm disease or elm bark beetles in any tree, the Director of Public Works shall remove or cut specimens from the tree in such manner as to avoid permanent injury thereto and forward them to the State Department of Agriculture, Trade and Consumer Protection for analysis to determine the presence of such nuisances.
(c) 
The Director of Public Works and his agents or employees may enter upon private premises at reasonable times for the purpose of carrying out any of the provisions of this section.
(5) 
Abatement of nuisances.
(a) 
The Director of Public Works shall order, direct, supervise and control the abatement of public nuisances by spraying, removal, burning or other means which he determines to be necessary to prevent as fully as possible the spread of Dutch elm disease fungus or the insect pests or vectors known to carry such disease fungus.
(b) 
Whenever the Director of Public Works determines that a public nuisance exists on public property in the Village, he shall immediately abate or cause the abatement of such nuisance in such manner as to destroy or prevent as fully as possible the spread of Dutch elm disease or the insect pests or vectors known to carry such disease fungus.
(c) 
When the Director of Public Works determines with reasonable certainty that a public nuisance exists upon private premises, he shall immediately serve personally or by registered mail upon the owner of such property, if he can be found, or upon the occupant thereof, a written notice of the existence of such nuisance, directing that the nuisance be abated within 10 days after service of such notice. Such notice shall describe the nuisance and recommend the procedure for its abatement and shall state that, unless the owner abates the nuisance as specified in the notice, the Director of Public Works will cause the abatement thereof at the expense of the property served. If the owner or occupant cannot be found, such notice shall be given by publication in a newspaper of general circulation in the Village.
(6) 
Special assessments for tree care and abatement.
(a) 
The cost of abatement of a public nuisance or spraying elm trees or elm wood at the direction of the Director of Public Works, if the nuisance tree or wood is located in a public park or on other public grounds, shall be borne by the Village.
(b) 
The cost of abating a public nuisance or spraying elm trees or elm wood located on private premises or in the public right-of-way, when done at the direction and under the supervision of the Director of Public Works, shall be assessed to the property on which such nuisance tree or wood is located or which abuts on the public right-of-way in which such nuisance tree or wood is located, as follows:
1. 
The Director of Public Works shall keep account of the cost of such work or spraying and the amount chargeable to each lot or parcel and shall report such work charges, the description of lands to which they are chargeable and the names and addresses of the owners of such lands to the Village Clerk-Treasurer on or before October 15 of each year.
2. 
The Village Clerk-Treasurer shall mail notice of the amount of such final assessment to each owner of property assessed at his last known address stating that, unless paid within 30 days of the date of the notice, such assessment shall bear interest at the rate of 8% per annum and will be entered on the tax roll as a delinquent tax against the property, and all proceedings in relation to the collection, return and sale of property for delinquent real estate taxes shall apply to such assessment.
3. 
The Village hereby declares that, in making assessments under this section, it is acting under its police power. No damages shall be awarded to any owner for the destruction of any diseased or infested elm tree or elm wood or part thereof.
(7) 
Prohibited acts. No person shall:
(a) 
Transport any bark bearing elm wood, elm bark or elm material on public streets or highways or other public premises without first securing the written permission of the Director of Public Works.
(b) 
Interfere with or prevent any act of the Director of Public Works or his agents or employees while they are engaged in the performance of duties imposed by this section.
(c) 
Refuse to permit the Director of Public Works or his duly authorized representative to enter upon his premises at reasonable times to exercise the duties imposed by this section.
(d) 
Permit any public nuisance to remain on any premises owned or controlled by him when ordered by the Director of Public Works to abate such nuisance.

10.07 Abatement of public nuisances.

(1) 
Enforcement. The Chief of Police, the Fire Chief, the Director of Inspection Services and the Public Health Administrator/Health Officer shall enforce those provisions of this chapter that come within the jurisdiction of their offices and they shall make periodic inspections and inspections upon complaint to ensure that such provisions are not violated. No action shall be taken under this section to abate a public nuisance unless the officer has inspected or caused to be inspected the premises where the nuisance is alleged to exist and has satisfied himself that a nuisance does in fact exist.
(2) 
Summary abatement. If the inspecting officer determines 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 Manager may direct the proper officer to cause the same to be abated and charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the nuisance, as the case may be.
(3) 
Abatement after notice. If the inspecting officer determines that a public nuisance exists on private premises but that such nuisance does not threaten great and immediate danger to the public health, safety, peace, morals or decency, he shall serve notice on the person causing or maintaining the nuisance to remove the same within 10 days. If such nuisance is not removed within 10 days, the proper officer shall cause the nuisance to be removed as provided in Subsection (2).
(4) 
Other methods not excluded. Nothing in this chapter shall be construed as prohibiting the abatement of public nuisances by the Village or its officials in accordance with the laws of the state.
(5) 
Court order. Except when necessary under Subsection (2), an officer hereunder shall not use force to obtain access to private property to abate a public nuisance but shall request permission to enter upon private property if such premises are occupied, and if such permission is denied the officer shall obtain a special warrant under § 66.0119, Wis. Stats.

10.08 Cost of abatement.

In addition to any other penalty imposed by this chapter 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.

10.09 Chronic nuisance premises.

[Added 12-6-2005 by Ord. No. 824]
(1) 
Any premises that has generated three or more calls for service for nuisance activities within a sixty-day period has received more than the level of general and adequate service and has placed an undue burden on the taxpayers of the Village and shall be deemed a chronic nuisance premises.
(2) 
For purposes of this section, "nuisance activity" means any of the following whenever engaged in by premises owners, operators, occupants or persons associated with the premises:
(a) 
Any public nuisance identified in this chapter.
(b) 
Any activity identified in Chapter 9, Public Peace and Good Order, of this Code.
(3) 
The persons charged with abating nuisances under this chapter shall, in addition to the abatement procedures in this chapter, charge the owners of such premises the costs associated with abating the violations at the premises at which nuisance activities chronically occur.

10.10 Violations and penalties.

Any person who shall violate any provision of this chapter, or any regulation, rule or order made hereunder, or permit or cause a public nuisance shall be subject to a penalty as provided in § 25.04 of this Code.