[HISTORY: Adopted by the Village Board of
the Village of Superior 9-13-2001. Amendments noted where applicable.]
For the purpose of this chapter, the following
words and phrases shall have the meanings assigned to them in this
section. Words and phrases not herein otherwise defined shall have
the meanings accepted by common use.
A condition having an adverse effect on surrounding properties.
Broken concrete, bricks, blocks or other mineral matter,
bottles, porcelain and other glass or crockery; boxes; lumber (new
and used), posts, sticks or other wood; paper, rags, cardboard excelsior,
rubber, plastic wire, tin and metal items; discarded household goods
or appliances, junk lawn mowers, tar paper, residues from burning
or any similar materials which constitute health, fire or safety hazards
or a serious blighting influence upon the neighborhood or the Village
of Superior in general.
Any old or scrap metal, metal alloy, synthetic or organic
material or waste, or any junked, ruined, dismantled or wrecked motor
vehicle or machinery, or any part thereof, whether salvageable or
not. An unlicensed motor vehicle shall be construed to be a junked
motor vehicle.
Material that cannot be burned.
Debris as heretofore defined.
Combustible and noncombustible waste materials, except garbage,
and the term shall include the residue from the burning of wood, coal,
coke and other combustible materials, paper, rags, boxes, wood, excelsior,
rubber, leather, tin cans, metals, mineral matter, glass, crockery
and dust, and other similar materials.[1]
A.Â
It shall be unlawful for any person, firm or corporation
and no person, firm or corporation shall allow or permit or place,
throw, leave or permit to remain any blighting influence, debris,
junk, rubbish, refuse, paper or garbage upon the person's, firm's
or corporation's property or upon any street, gutter, ditch, sidewalk,
alley, park or other public grounds immediately adjacent to such person's,
firm's or corporation's property.
B.Â
The owner, occupant or tenant of any real property
in the Village shall keep such property in a safe and sanitary condition,
free of rubbish and other debris.
The Building Inspector is authorized and directed
by the Board to enforce the provisions of this chapter and is hereby
authorized and directed to make inspections in response to a complaint
that an alleged violation of this chapter exists or when he/she has
good reason to believe that a violation is being committed. Members
of the Village Board may also enforce this chapter.
A.Â
B.Â
Special charges pursuant to § 66.0627, Wis.
Stats. Whenever blighting influences, debris, junk, noncombustible
material, rubbish and refuse remain on property contrary to this chapter,
the Village or any member of the Village Board may direct removal
of such material by a licensed collector. In such event, the collector
shall make such collection and removal. The requesting person shall
make a written record of the request and provide a copy to the licensed
collector. The Village shall pay the collector his regular rate for
the removal. If such collection and removal require an expenditure
of time and effort in excess of that required for ordinary collections,
the collector shall be paid a reasonable hourly rate determined by
the Village Board. The fee for collections, known as "collection fee,"
shall be paid by the Village and, as set forth hereinafter, be recovered
from the owner of the premises from which such collection and removal
is made, as provided in § 66.0627, Wis. Stats.
C.Â
Collection of delinquent accounts.
(1)Â
In addition to other methods provided by law, it is
hereby provided that special charges or assessments for collection
fees may be levied in accordance with the provisions of this section,
which are hereby adopted pursuant to § 66.0114, Wis. Stats.,
or such other statute as may be applicable.
(2)Â
Delinquent collection fees shall be levied as a special
assessment or charge against the real property, shall become a lien
thereon, and be placed on the tax roll with the same effect as other
Village taxes unless the Village otherwise determines after notice
and opportunity to be heard. The bill for such collection charges
shall be sent to the person, firm or corporation from whose property
or adjacent property the collection was made within 14 days of the
collection.
(a)Â
The bill will be specially assessed against
the real property and become a lien thereon and placed on the tax
roll unless paid within 30 days of the date of the notice of the bill.
(b)Â
The property owner may petition for a hearing
before the Village Board. The date of said hearing shall be less than
90 days after the first issuance of the delinquent collection bill
and at least five days after said written notice is mailed.
(3)Â
The Village Board may instruct the Village Clerk not
to have the delinquent collection levied as a special assessment or
charge after the 90 days from first issuance of the collection bill
only in the following circumstances:
(a)Â
Payment is made;
(b)Â
Reasonable assurance is given by the property
owner that payment will be made within a reasonable time, not to exceed
45 days from the date of hearing. If payment is not made as guaranteed,
the bill amount shall be specially assessed as a lien to be placed
on the tax roll after the deadline for payment set by the Village
Board; or
(c)Â
The bill is incorrect either as to amount or
property owner obligated to pay and, in that event, the Board shall
direct the issuance of a revised billing statement.
(4)Â
The Village Board may not permit payment of the delinquent
collection fee by installments.
It is the purpose of the Village of Superior
in adopting this chapter, in the exercise of its police powers, to
regulate and provide for the removal and disposal of blighting influences,
debris, junk, noncombustible material, rubbish, and refuse generated
in the Village of Superior in order that the health, safety and welfare
of all persons in the Village of Superior may be protected.
