[HISTORY: Adopted by the Village Board of the Village of
Hobart as indicated in article histories. Amendments noted where applicable.]
[Adopted as §§ 3.401 through 3.405, 3.809,
3.812, 3.813 of the 2000 Code; amended in its entirety 4-8-2020 by Ord. No. 2020-06]
The Village of Hobart Board finds that any premises that has
generated three or more calls for service, fire calls, building inspection,
health department, or any combination of, for nuisance activities
or has received more than the level of general and adequate police
service and has placed an undue and inappropriate burden on the taxpayers
of the Village is a nuisance property. The Village Board therefore
directs the chief of police, as provided in this section, to charge
the owners of such premises the costs associated with abating the
violations at the premises at which nuisance activity chronically
occur.
No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the Village of Hobart.
A.
Public nuisances. A public nuisance is a thing, act, occupation,
condition or use of property which shall continue 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.
(5)
Nuisance activity. Any of the following activities, behaviors, or
conduct occurring on a premises:
(a)
An act of harassment, as defined in § 947.013, Wis.
Stats.
(b)
Disorderly conduct, as defined in § 947.01, Wis. Stats.
(c)
Battery, substantial battery or aggravated battery, as defined
in § 940.19, Wis. Stats.
(d)
Lewd and lascivious behavior, as defined in § 944.20,
Wis. Stats.
(e)
Prostitution offenses, as defined in § 944.30 or § 944.34,
Wis. Stats.
(f)
Littering, as defined in § 9-10, Hobart Municipal
Code.
(g)
Theft, as defined in 943.20, Wis. Stats.
(h)
Receiving stolen property, as defined in § 943.34,
Wis. Stats.
(i)
Arson, as defined in § 943.02, Wis. Stats.
(j)
Possession, manufacture, or delivery of a controlled substance
or related offenses, as defined in Ch. 961, Wis. Stats.
(k)
Gambling, as defined in § 945.02, Wis. Stats.
(l)
Animal violations, as defined in Chapter 4, Hobart Municipal
Code.
(m)
Trespass to land, as defined as §§ 943.13 and
943.14, Wis. Stats.
(n)
Weapons violations as defined in § 9-02, Hobart Municipal
Code.
(o)
Noise violations as defined in § 9-06, Hobart Municipal
Code.
(p)
Violation of curfew for minors, as defined in § 9-15,
Hobart Municipal Code.
(q)
Loitering, as defined in §§ 9-07 and 9-15, Hobart
Municipal Code.
(r)
Truancy, as defined in § 9-29, Hobart Municipal Code.
(s)
Alcohol violations, as defined in Chapter 3, Hobart Municipal
Code and § 125.07, Wis. Stats.
(t)
Obstructing or resisting an officer as defined in § 946.61,
Wis. Stats.
(u)
Misuse of emergency telephone numbers, as defined 941.35 Wis.
Stats.
(x)
The execution of arrest or search warrants at a particular location.
(y)
Village of Hobart inspection-related calls where any public
safety department responds.
(z)
Village of Hobart building inspection related calls where any
public safety department responds or any building inspection department
response.
(aa)
Brown County Health Officer related calls where any public safety
department responds or any health department responds.
B.
Public nuisances affecting health. The following acts, omissions, places, conditions, and things are hereby specifically declared to be public health nuisances, but shall not be construed to exclude other health nuisances coming within the definition of Subsection A of this section.
(1)
All decayed, harmfully adulterated, or unwholesome food or drink
sold or offered for sale to the public.
(2)
Carcasses of animals, birds, or fowl not buried or otherwise disposed
of in a sanitary manner within 24 hours after death.
(3)
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 breed.
(4)
All stagnant water in which mosquitoes, flies, or other insects can
multiply.
(5)
Garbage cans which are not fly tight.
(6)
All noxious weeds and other rank growth of vegetation.
(7)
All animals running at large.
(8)
The escape of smoke, soot, cinders, noxious acids, fumes, gases,
fly ash or industrial dust within the Village in such quantities as
to endanger the health of persons of ordinary sensibilities or to
threaten or cause substantial injury to property.
(9)
The pollution of any public well or cistern, stream, lake, canal
or body of water by sewage, creamery or industrial wastes, refuse,
garbage, or other substances.
(10)
Any use of property, substances, or things within the Village
emitting or causing any foul, offensive, noisome, nauseous, noxious,
or disagreeable odors, 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.
(11)
All abandoned wells not securely covered or secured from public
use.
(12)
Any obstruction in or across any watercourse, drainage ditch
or swale.
(13)
The deposit of garbage, refuse, or any offensive substance on
any public or private property except as may be permitted by ordinance.
C.
Public nuisances offending morals and decency. The following acts, omissions, places, conditions, and things are hereby 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 Subsection A of this section.
(1)
All disorderly houses, bawdy houses, houses of ill fame, gambling
houses and buildings or structures kept or restored for the purpose
of prostitution, promiscuous sexual intercourse or gambling.
(2)
All gambling devices, gambling tables and slot machines.
(3)
All places where intoxicating liquor or fermented malt beverages
are sold, brewed, bottled, manufactured or rectified without a permit
or license as provided by the Village.
(4)
Any place or premises where Village ordinances or state laws relating
to public health, safety, peace, morals or welfare are openly, continuously,
repeatedly, and intentionally violated.
(5)
Any place or premises resorted to for the purpose of drinking intoxicating
liquor or fermented malt beverages in violation of the laws of the
State of Wisconsin or the ordinances of the Village.
D.
Public nuisances affecting peace and safety. The following acts, omissions, places, conditions, and things are hereby 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 provisions of Subsection A of this section.
(1)
All ice not removed from the public sidewalks and all snow not removed
from public sidewalks within 24 hours after it has ceased to fall
thereon.
(2)
All signs and 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.
(3)
All buildings erected, repaired or altered within the fire limits
of the Village in violation of the provisions of the ordinances of
the Village relating to materials and manner or construction of buildings
and structures within said district.
(4)
All unauthorized signs, signals, markings, or devices which purport
to be or may be mistaken as official traffic control devices placed
or maintained upon or in view of the public highway or railway crossing.
(5)
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.
(6)
All limbs of trees which project over a public sidewalk, less than
eight feet above the surface thereof or less than 14 feet over the
surface of a public street.
(7)
All use or display of fireworks except as provided by the laws of
the State of Wisconsin and ordinances of the Village.
(8)
All buildings or structures so old, dilapidated or out of repair
so as to be dangerous, unsafe, unsanitary, or otherwise unfit for
human use.
(9)
All wires over streets, alleys or public grounds which are strung
less than 18 feet above the surface of the street or ground.
(10)
All loud, discordant and unnecessary noises or vibrations of
any kind tending to unreasonably disturb the peace and quiet of persons
in the vicinity thereof unless the making and the continuing of the
same cannot be prevented and is necessary for the protection and preservation
of the health, safety, life or limb of some person.
(a)
No person occupying or having charge of any building or premises
shall cause, suffer or allow any loud, excessive or unusual noise
in the operation or use of any radio, or other mechanical or electrical
sound-making or -reproducing device or machine which loud, excessive
or unusual noise shall disturb the comfort, quiet, or repose of persons
therein or in the vicinity.
(b)
No person shall use or operate in any public street or place
or in front of or outside of any building, place or premises or in
or through any window, doorway or opening of any building adjacent
to any public street or place any device, apparatus, or instrument
for the amplification of the human voice or sound or noise or other
sound making or sound reproducing device. No person shall make for
the purpose of advertising any immoderate or excessive use of the
voice of any bell, gong, horn, instrument, article or device.
(c)
No person operating or having charge of or occupying any building
or premises shall keep or allow to be kept any animal or bird which
shall habitually by any noise disturb the peace and quiet of any person
in the vicinity thereof.
(d)
No person shall park or leave standing for more than 15 minutes
in any street in the Village a vehicle containing livestock, live
fowl, or other living animals.
(e)
Nothing in this section shall apply to the use of loud speaking
or amplifying systems as follows:
[1]
By a school when used in connection with an educational, athletic,
entertaining or recreational purpose.
[2]
By a church when used in connection with an educational, religious
or recreational activity.
[3]
Within a public park of the Village subject to the rules and
regulations of the Village Board.
[4]
The using of loud speaking or amplifying systems after registering
with the Police Department as follows:
[a]
An amplifying system may be used on the public
streets of the Village between the hours of 9:00 a.m. and 9:00 p.m.,
provided such use does not interfere or annoy any religious, educational
or recreational gathering and is not audible to the human ear for
the distance of more than 300 feet. The use shall at all times be
under the jurisdiction of the Police Department who are hereby given
the authority to restrain the use if, in their opinion, the same is
a public nuisance or a public annoyance.
[b]
An amplifying system may be used in front of or
outside a building between the hours of 9:00 a.m. and 9:00 p.m., provided
that the same is not audible to the human ear at a distance of 100
feet. If the use becomes a public nuisance to disturb the peace and
quiet of any persons, the use shall be discontinued.
(11)
The keeping or harboring of any animal or fowl which by frequent
or habitual howling, yelping, barking, crowing or making of other
noises shall greatly annoy or disturb a neighborhood or any considerable
number of persons within the Village.
(12)
The obstructions of streets, alleys, sidewalks or crosswalks
and all excavations in or under the same, except as permitted by the
ordinances of the Village or which, although made in accordance with
such ordinances, are kept or maintained for an unreasonable length
of time after the purpose thereof has been accomplished.
(13)
All open and unguarded pits, wells, excavations or unused basements
freely accessible from any public street, alley or sidewalk.
(14)
All abandoned refrigerators or iceboxes from which the doors
and other covers have not been removed or which cannot be opened by
pushing from the inside by a small child.
(15)
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.
(16)
Repeated or continuous violations of the ordinances of the Village
or laws of the State of Wisconsin relating to the storage of flammable
liquids.
(17)
Any structure, material or condition which constitutes a fire
hazard or will impair extinguishing of any fire.
(18)
Any and all excavations, including basements, which have been
abandoned or for which a building permit has become null and void,
or which permit has been revoked by the Zoning Administrator/Building
Inspector.
(19)
Any nuisance so defined by the Wisconsin Statutes.
(20)
Unmanned aircraft systems (UAS). Using a UAS to damage or destroy
property, using a UAS in a careless or reckless manner, using a UAS
in a hazardous manner near other aircraft, using a UAS in violation
of FAA airspace regulations, using a UAS in violation of FAA flight
restrictions or temporary flight restrictions, using a UAS in violation
of FAA temporary flight restrictions in the proximity of the president,
other parties, or sporting events, using a UAS to cause a public disturbance
or creating a risk to persons by; making unreasonable noise, creating
a hazard or nuisance.
E.
Smoke.
(1)
Dense smoke. The emission of dense smoke from the smokestack of any
engine or from the smokestack or chimney of any building within the
Village is hereby declared to be a public nuisance and is prohibited.
(2)
Stationary engine. The owner, lessee, or occupant of any building,
or the fireman, engineer, or any other person having charge or control
of any furnace or stationary engine who shall cause, permit, or allow
dense smoke to issue or to be emitted from the smokestack or chimney
connected with any such furnace or stationary engine within the Village
shall be guilty of creating a public nuisance and of violating the
provisions of this section.
(3)
All soot prohibited. The emission of soot, cinders, or coal dust
from any chimney, stack, furnace, or from any building within the
Village is hereby declared to be a public nuisance and is prohibited.
F.
Storage of junk.
(1)
No person shall store on any property in the Village, any junk, debris or condition, including, but not limited to, unlicensed and/or inoperable vehicles, vehicle parts, machinery, machinery implements, or machinery parts, refrigerators, furnaces, washing machines, stoves, water heaters, wood, bricks, concrete blocks, other building materials, upholstered furniture, mattresses, bedsprings or other furniture not intended for exterior use by the manufacturer and used or stored on open porches or in yards, household garbage or refuse not properly contained or stored, or other unsightly debris or unsightly conditions which may tend to depreciate property values in the area or create a nuisance, hazard or eyesore except in an enclosed building which houses such property from public view, or upon permit issued by the Village, or as may be allowed as an approved use by Chapter 295, Zoning. See § 207-4, Storage of junk regulated.
(2)
Lots in residentially developed areas shall be kept free, by the
owner, occupant, or person authorized to use same, of dirt piles,
rubble, grass piles, leaf piles, and any other material or conditions
which might hinder maintenance of the property, except as provided
by the following:
(a)
Dirt piles and materials used for landscaping the lot shall
be leveled, used within 30 days of the date of delivery of the dirt.
(b)
Dirt piles in commercially and industrially zoned areas shall
be removed within one year of the date of deposit on the property,
completion of site development or expiration of a Village building
permit.
(c)
Dirt piles and materials used for landscaping used in conjunction
with properly zoned landscaping businesses or contractor's yards
are permitted.
(d)
Compost piles shall be allowed if they meet all of the following
requirements:
[2]
Located at least 10 feet from property lines, except for properties
zoned A1 or A2 where the compost pile is not abutting a residentially
zoned property.
[3]
Confined in a bin meeting generally acceptable composting principles.
[4]
Managed and maintained odor-free.
[5]
Does not contain meat or other animal products.
[6]
Kept free of vermin.
[7]
Does not pose or create any nuisance condition.
(3)
A violation of this section is declared a public nuisance.
G.
Unkempt buildings. The exterior of every structure or accessory structure,
residential and nonresidential, including fences, shall be maintained
by the owner, occupant or person authorized to use same, in good repair
and all exterior surfaces thereof shall be kept painted or covered
with exterior siding materials intended for that use by the manufacturer
for purposes of preservation and appearance. The same shall be maintained
by the owner, occupant or persons authorized to use same, free of
broken or missing siding, shingles or exterior woodwork crumbling
stone or brick, excessive chipped, peeling or lack of paint, missing,
broken or deteriorating steps, porches, handrails and guardrails or
any other conditions reflective of deterioration and/or inadequate
maintenance or as may tend to depreciate property values in the area
or create a nuisance or hazard.
H.
Weed cutting and lawn care.
(1)
DEVELOPED LOT
NOXIOUS WEEDS
UNDEVELOPED LOTS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A lot with a finished residential use, commercial use, institutional
use or industrial use building or building under construction.
As defined in Wisconsin Statutes § 66.0407, which
is hereby adopted and made a part of this article, and shall also
include common ragweed (Ambrosia artemisiifolia), giant ragweed (Ambrosia
trifida) and burdock (Actrium spp.).
Any lot not meeting the developed lot definition located
within a platted subdivision or certified survey map.
(2)
Owner's responsibility.
(a)
The owner of every parcel of land within the Village shall destroy
or cause to be destroyed all noxious weeds on every parcel of land
which he/she owns, occupies or controls.
(b)
The owner of every parcel of land within the Village shall cut
or cause to be cut all grass, weeds and similar vegetative growth
in excess of eight inches in length/height for developed lots and
12 inches in length/height for undeveloped lots, including the public
right-of-way adjoining said land, except as follows:
[1]
Lands zoned A-1 or A-2 where the property contains a permitted principal use other than or in addition to a dwelling. For the purposes of this exception, the yard around any dwelling on such land is required to comply with the landscape maintenance provisions of Subsection H(3).
[2]
Lands, used principally for farming, agricultural, cultivation, harvesting operations, including, but not limited to, crops or livestock. For the purposes of this exception, the yard around any dwelling on such lands is required to comply with the landscape maintenance provisions of Subsection H(3).
[4]
Wooded areas or tree lines where the distance between trees
effectively prevents mowing.
[5]
Hilly areas with severe slopes that would prevent safe mowing.
[6]
Lands located in a designated floodplain and/or wetland area.
[7]
Properties owned by governmental entities or where federal,
state or local regulations provide otherwise.
[8]
Property or land areas with unusually unique terrain or circumstances
as determined by Village personnel.
(3)
Landscape maintenance.
(a)
Purpose.
[1]
The use of woodlands, prairies, wildflowers, natural grasses
and other native plants in a managed landscape design can be economical,
low-maintenance and effective in soil and water conservation. However,
it is not the intent of this section to allow vegetated areas to be
completely unmanaged or overgrown.
[2]
Areas that present either a direct health hazard or provide
a demonstrated breeding ground for fauna known to create a safety
or health hazard will not be permitted. Certain noxious weeds defined
in this section are recognized indicators of neglect. The Village
recognizes the desirability of permitting natural vegetation within
the Village limits while maintaining public health and safety at the
same time.
(b)
Managed and natural landscaping.
[1]
Native and naturalized plants, including, but not necessarily
limited to, ferns, wildflowers, grasses, shrubs and trees may be grown
in a managed landscape design or in naturally maintained conditions
such as prairies, wooded areas, wetlands, provided said plants were
not obtained, or are not growing, in violation of any local, state
or federal laws.
[2]
Nuisance weeds and noxious weeds as identified in this article
are prohibited in all cases and shall be subject to abatement.
[3]
Managed and natural landscape areas shall not be allowed to
interfere with traffic vision.
(c)
Yard neglect.
[1]
The front, side and rear yards of a residence, commercial, institutional or industrial use, shall be maintained with a lawn, shrubbery, plantings or other surface treatment consistent with this section for an area equal to the property's zoning district minimum setback requirements, except as provided in Subsection H(2)(b).
[2]
Rank or unmanaged growth of vegetation identified in state or
local codes is not permitted and is declared to be a public nuisance.
(4)
Noxious weeds and uncut growth; public nuisance; abatement by the
Village. All noxious weeds and uncut vegetative growth as outlined
in this article is hereby declared to be a public nuisance and may
be abated by the Village at its option if the owner fails to comply
with this article. In addition to any other penalty provided in this
article, the costs thereof, together with an administrative charge
applied to the bill, imposed each time the growth is abated shall
be charged against the property as a special tax.
A.
Restricted. No person shall store junked or discarded property, including
automobiles, automobile parts, trucks, tractors, 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
screens such property from public view or upon permit issued by the
Village Board.
B.
Order for compliance. The Zoning Administrator/Building Inspector
may require by written order any premises in violation of this section
to be put in compliance within the time specified in such order and,
if the order is not complied with, may have the premises put in compliance
and the cost thereof assessed as a special tax against the property.
C.
Motor vehicle and trailer salvage storage.
(1)
Planning and Zoning Commission to establish rules. The Planning and
Zoning Commission shall enact such rules and regulations including,
but not limited to, provisions for fencing, distance from highways,
etc., for the regulation of the dismantling, accumulation or storage
of junked or inoperable motor vehicles and trailers or parts thereof
outside of any building as deemed necessary for the public health,
safety and welfare. Rules and regulations so enacted shall, after
ratification by the Village Board and publication in the official
newspaper, become a part of this section by reference as though fully
incorporated herein.
(2)
Permit required. No person shall accumulate or store any junked or
inoperable motor vehicles or trailers or parts thereof outside of
any building on any real estate within the Village unless a permit
is obtained from the Village Clerk-Treasurer for such use. The Village
Clerk-Treasurer shall not issue a permit unless the application is
approved by the Zoning Administrator/Building Inspector and a fee
of $100 is paid to the Village Clerk-Treasurer. All permits shall
expire on the 31st day of December of each year and shall be renewed.
A renewal application may be denied for violation of this section,
and if approval is denied, the Zoning Administrator/Building Inspector
shall state the reasons for disapproval on the application. The Village
Clerk-Treasurer shall notify the applicant of disapproval and the
applicant shall be given an opportunity to be heard before the Village
Board.
(3)
Conformance with rules and regulations of Planning and Zoning Commission.
The Zoning Administrator/Building Inspector shall not approve an application
for a permit to accumulate or store junked or inoperable motor vehicles
and trailers or parts thereof unless the premises conforms to the
rules and regulations of the Planning and Zoning Commission as follows:
(a)
All material not stored within a building shall be enclosed
by a solid fence.
[1]
The fence shall be of chain link fabric of No. 9 gauge wire
or heavier, galvanized or aluminum-coated steel; such fence to have
an open mesh no larger than three inches and be equal to "U.S. Cyclone"
or "Sentry Fence" standards and with slats inserted in the fence which
are impervious to sight.
[2]
The fence shall be kept in good state of repair and painted
in uniform color.
[3]
The fence shall not be less than six feet in height and of uniform
height and material. If materials stored exceed six feet, such material
shall be screened by natural objects or plantings.
[4]
The fence shall not be less than 25 feet from the street, curb
or road edge.
(b)
No material shall rest upon the fence.
(c)
There shall be no signs, bulletins and posters posted on the
fence.
(d)
All properties with such materials in existence on the date
of enactment of these rules and regulations shall conform to these
requirements within 90 days.
(4)
Enforcement. The rules and regulations governing the storage of junked
or inoperable motor vehicles and trailers or parts thereto shall be
enforced by the Zoning Administrator/Building Inspector.
(5)
Defined. "Motor vehicle" and "trailer" as used herein shall mean
any automobile, truck trailer, semitrailer, tractor, motor bus or
any self- propelled or motor-driven vehicle.
(6)
Authority to retain. Any business engaged in automotive sales or
repair may retain disassembled, inoperable, junked or wrecked motor
vehicles, truck bodies, tractors or trailers in the open, on private
property, for a period not to exceed 30 days, after which such vehicles
must be removed.
(7)
No semitrailer or van box may be used for storage within the Village
without first securing a permit from the Zoning Administrator/Building
Inspector. The Zoning Administrator/Building Inspector may issue a
permit not to exceed six months for temporary use for a semitrailer
as storage if he feels it would not be unsightly nor diminish the
quality of the neighborhood. In the event that the storage is on a
construction site, the Zoning Administrator/Building Inspector may
grant an extension if he thinks it is warranted.
No person shall have or permit on any premises owned or occupied
by him any open cisterns, cesspools, wells, unused basements, excavations
or other dangerous openings. All such places shall be filled, securely
covered or fastened in such manner as to prevent injury to any person
and any cover shall be of such design, size and weight that the same
cannot be removed by small children.
No person shall leave or permit to remain outside any dwelling,
building or other structure or within any unoccupied or abandoned
building, dwelling or other structure under his control in a place
accessible to children any abandoned, unattended or discarded icebox,
refrigerator or other container having an airtight door or lid, snap
lock or other locking device which may not be released from the inside
unless such door or lid, snap lock or other locking device has been
removed from such icebox, refrigerator or container or unless such
container is displayed for sale on the premises of the owner or his
agent and is securely locked or fastened.
A.
Inspection of premises. Whenever a complaint is made that a public
nuisance exists within the Village, the Chief of Police, Zoning Administrator/Building
Inspector or other authorized Village employee shall inspect or cause
to be inspected the premises and shall make a written report of his/her
findings to the Village Administrator.
B.
Entry into or onto site. While a declaration of public nuisance for
an affected site is in effect and has been posted at the site, no
persons are permitted to be inside the site or on the site property
without prior written consent of the Building Inspector or as otherwise
authorized by this section. To confirm compliance with this section
and to execute their duties under this section, law enforcement officers,
the Building Inspector, and any persons designated by the Building
Inspector, may enter onto the site property or enter into the site
at any time while the declaration of a public nuisance is in effect
for the site.
C.
Removal of personal property. Consent to remove personal property
shall only be granted at the reasonable discretion of the Building
Inspector, and only in cases of hardship. Property owner agrees in
writing that they are aware that the possibility exists that the property
or personal property may be unsafe and or contaminated. That cleaning
may or may not render the property safe, and the owner releases and
agrees to indemnify the Village, its staff, and the Village Board
from all liability to the owner and/or third persons for injuries
or damages caused, or alleged to have caused by the contaminated property.
D.
Summary abatement.
(1)
Notice to owner. If the inspecting officer shall determine that a
public nuisance exists on private property and that there is great
and immediate danger to the public health, safety, peace, morals or
decency, the Village Administrator or designee may direct the appropriate
personnel to serve notice on the owner, or, if the owner cannot be
found, on the occupant or person causing, permitting, or maintaining
such nuisance and to post a copy of the notice on the premises. Such
notice shall direct the owner, occupant, or person causing, permitting
or maintaining such nuisance to abate or remove such nuisance within
24 hours and shall state that unless such nuisance is so abated, the
Village will cause the same to be abated and will charge the cost
thereof to the owner, occupant or person causing, permitting or maintaining
the same.
(2)
Abatement by Village. If the nuisance is not abated within the time
provided, or if the owner, occupant or person causing the nuisance
cannot be found, the Village Administrator shall direct the abatement
or removal of such nuisance.
E.
Abatement by court action. If the inspecting officer shall determine
that a public nuisance exists on private premises but that the nature
of such nuisance is not such as to threaten great and immediate danger
to the public health, safety, peace, morals or decency, he shall file
a written report of his findings with the Village Administrator, who
may cause an action to abate such nuisance to be commenced per Chapter
823 of the Wisconsin Statutes.
F.
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 of Wisconsin.
In addition to any other penalty imposed by this Code 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, or shall be assessed against
the real estate. Cost recovery means those costs for service incurred
by the Village in connection with a response to any public safety
or fire incident, including, but not limited to, the actual labor
and material costs of the Village (including, without limitation,
employee wages, fringe benefits, administrative overhead, costs of
equipment, costs of equipment operation, costs of all materials, costs
of transportation, costs of material disposal and costs of contracted
labor) whether or not the services are provided by the Village or
by a third party on behalf of the Village. Service charges and interest;
attorney fees, litigation costs and any costs, charges, fines or penalties
to the Village imposed by any court or state or federal governmental
entities.
A.
Wherever this article imposes the cost of abatement as a special
charge against the premises, the Village elects not to be subject
to the administrative review provisions contained within Chapter 68
of the Wisconsin Statutes, and establishes the following as a complete
and final review procedure: As a condition precedent to challenging
any special charge, the owner of the premises must timely pay the
charge in full under protest to the Village. An appeal shall be to
the Village Administrator and can be undertaken only by filing a written
appeal with the Village Clerk-Treasurer concurrent with the date of
payment. The written appeal shall specify all grounds for challenge
to the amount of the special charge and shall state the amount of
charge that the appellant considers to be appropriate. Failure to
timely and properly appeal shall deprive the Village Administrator
of jurisdiction to hear the appeal.
(1)
The Village Administrator shall have 60 calendar days to consider
an appeal under this subsection. In considering an appeal, the Village
Administrator shall determine whether the charge is fair and reasonable
and, in the event the appeal is granted, whether or not a refund is
due the appellant and the amount of the refund. The Village Administrator
shall conduct a formal or informal hearing at such time and place
as designated in a hearing notice to the appellant, providing five
business days' notice to the appellant. The Village Administrator
shall obtain sufficient facts upon which to make a determination.
The decision shall be based upon the evidence presented. The Village
Administrator shall notify the appellant in writing of the determination
by first class mail addressed to the individual and at the address
listed within the appeal. Service is conclusive upon mailing.
(2)
The decision of the Village Administrator is final except if the
owner of the premises appeals the decision to a court of competent
jurisdiction. Such appeal shall be filed no later than 30 calendar
days after the date of mailing the decision of the Village Administrator.
Such appeal shall be by writ of certiorari and the reviewing court
shall be limited solely to the record created before the Village Administrator.
Costs, but not attorney fees, shall be awarded to the prevailing party,
at the sole discretion of the court. Failure to timely and properly
appeal shall deprive the court of jurisdiction to hear the appeal.
The penalty for violation of any provision of this article shall be as provided in § 1-3. Each day of continuing violation shall constitute a separate offense.
[Adopted as § 3.6 of the 2000 Code; amended in
its entirety 4-8-2020 by Ord. No. 2020-06]
[1]
Editor's Note: The preamble to the ordinance adopting this
article reads: "An ordinance under the provisions of § 66.0415,
Wis. Stats., to direct the location, management and construction of,
and license (annually or otherwise), to regulate or prohibit any industry,
thing or place where any nauseous, offensive business is carried on,
the ordinance to apply within the boundaries of the Village of Hobart."
Any business considered to be nauseous or offensive is declared
to be a public nuisance and an action for the abatement or removal
thereof or to obtain an injunction to prevent the same may be authorized
to be brought and maintained by the Village Board.
Any business considered to be nauseous or offensive shall be deemed unlawful, and any person, firm, or corporation may, at the discretion of the court, upon conviction, be subject to the penalties provided in § 1-3. Each day that a violation continues to exist shall constitute a separate offense.
All farm operations are to be excluded from this article.
