[HISTORY: Adopted by the Village Board of
the Village of Greendale as Ch. 10 of the Code of Ordinances. Amendments
noted where applicable.]
No person shall erect, contrive, cause, continue,
maintain or permit to exist any public nuisance within the Village.
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.
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, provided, however,
that the height restrictions of this subsection pertaining to grass
may be temporarily exceeded during the month of May to promote pollinator
emergence. The exception to grass height limits during the month of
May, however, shall not be construed to also provide an exception
to the need for a property owner to abate all weeds defined as noxious
weeds in § 66.0407(b), Wis. Stats.
[Amended 4-26-2022 by Ord. No. 937]
(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]
(12)
Uniform
controlled substances. Pursuant to Wis. Stats. §961.53, violations
of Chapter 961 of the Wisconsin Statutes, the Uniform Controlled Substances
Act, including as such Act may be amended and renumbered from time
to time, is declared to constitute a public health nuisance irrespective
of any criminal prosecution(s) that may be or are commenced based
on the same Acts.
[Added 12-1-2020 by Ord. No. 926]
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.
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)
ABANDONED MOTOR VEHICLE
MOTOR VEHICLE
NUISANCE MOTOR VEHICLE
REPAIR WORK
STREET REPAIRS
TEMPORARY REPAIR WORK
Definitions. As used in this subsection, the following
terms shall have the meaning indicated:
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.
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.
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.
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.
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.
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.
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.
(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)
PUBLIC NUISANCE
(a)
(b)
(c)
(d)
PUBLIC PROPERTY
Definitions. For the purpose of this section, the
following phrases are defined as follows:
Dutch elm disease.
Elm bark beetles, Scolytus multistriatus (Eichh)
or Hylurgopinus rufipes (Marsh).
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.
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.
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.
(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.
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.
[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:
(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.
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.
