[HISTORY: Adopted by the Village Board of the Village of Balsam Lake 11-5-1990
as Ch. 10 and § 11.07 of the 1990 Code. 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:
A.
Substantially annoy, injure or endanger the comfort,
health, repose or safety of the public.
B.
In any way render the public insecure in life or in the
use of property.
C.
Greatly offend the public morals or decency.
D.
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 under the definition of § 227-2:
A.
Adulterated food. All decayed, adulterated or unwholesome
food or drink sold or offered for sale to the public.
B.
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.
C.
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.
D.
Stagnant water. All stagnant water in which mosquitoes,
flies or other insects can multiply.
F.
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 shall have the authority to cause all weeds and grass
to be cut and removed and brush to be removed, and the cost thereof shall
be charged to the owner of the property under § 66.0407, Wis. Stats.[2]
G.
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 ordinary persons or threaten or cause substantial damage to
property in the Village.[3]
I.
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.
J.
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.
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 § 227-2:
A.
Gambling. All forms of gambling, lotteries and fraudulent
devices and practices are prohibited, except as provided by state law.
B.
Unlicensed sale of liquor and beer. All places where
intoxicating beverages, fermented malt beverages and/or wine is sold, possessed,
stored, brewed, bottled, manufactured or rectified without a permit or license
as provided for by this Code.[2]
C.
Illegal drinking. Any place or premises resorted to for
the purpose of consuming intoxicating beverages, fermented malt beverages
and/or wine in violation of state statutes.
No person shall, within the Village, cause or create a public peace
or safety nuisance or permit such nuisance to remain on the premises owned
or occupied by him. The following are specifically declared to be nuisances
disturbing the public peace or endangering the public safety:
A.
Dangerous overhangs and trees.
(1)
All trees, hedges, billboards or other obstructions which prevent
persons driving motor vehicles on the Village streets or highways from having
a clear view of traffic approaching an intersection from cross streets. All
tree limbs which are less than 10 feet above the surface of any public sidewalk
or 14 feet above the surface of any street or highway shall be cut or trimmed
to compliance.
(2)
All hanging signs, awnings and other similar structures over
streets, highways, alleys or public ways within the Village projecting more
than six feet over the sidewalks or so situated or constructed as to endanger
the public safety.
B.
Loud and unreasonable noises. No person shall make, cause
to be made or continue to make any loud, disturbing or unreasonable sounds
or noises such as may tend to annoy or disturb another in or about any public
street, highway, alley, park, beach or private residence.[2]
C.
Open pits and excavations. All open or unguarded wells,
cisterns, pools or excavations so located as to endanger public safety or
the safety of children.
D.
Unauthorized traffic signs. All unauthorized signs, signals,
markings or devices which purport to be or may be mistaken as an official
traffic control device placed or maintained upon or in view of any public
highway, street, or alley.
E.
Damaged buildings. All buildings, walls and other structures
which have been damaged by fire, decay or otherwise to an extent exceeding
1/2 their original value and which are so situated as to endanger the safety
of the public.
F.
Dilapidated or deteriorated buildings. All buildings
or structures so old, dilapidated, deteriorated or out of repair as to be
dangerous, unsafe, unsanitary or otherwise unfit for human use. "Dilapidated
or deteriorated" is defined to mean the condition of a building or part thereof
characterized by holes, breaks, rot, crumbling, peeling, rusting or other
evidence of physical decay or neglect, lack of maintenance or excessive use.
G.
Machinery. All dangerous, unguarded machinery in any
public place or so situated or operated on private property as to attract
the public.
H.
Rainwater, snow or ice runoff. The allowing of rainwater,
snow or ice to fall from any building or structure upon any street, highway
or sidewalk or to flow across any sidewalk.
I.
Continuous violation of Village ordinances. Any place or premises
within the Village where Village ordinances or state statutes relating to
public health, safety, peace, morals or welfare are openly, continuously,
repeatedly and intentionally violated.
A.
Enforcement. The Village police, Fire Chief, Building
Inspector and the Village and County Health Officers 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.[1]
B.
Summary abatement. If the inspecting official 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
President may give the proper officer the authority for abatement, and the
cost thereof shall be charged to the owner, occupant or person causing, permitting
or maintaining the nuisance, as the case may be.[2]
C.
Abatement after notice. If the inspecting official determines that a public nuisance exists on private premises but that such nuisance does not threaten great and immediate danger to the 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 official shall cause the nuisance to be removed as provided in Subsection B.
D.
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.
E.
Court order. Except when necessary under Subsection B, 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, shall apply to any court having jurisdiction for an order assisting the abatement of the public nuisance.
F.
Abatement of health nuisances. The Health Officer, together with
the Board of Health, shall have the power to abate health nuisances in accordance
with § 254.59, Wis. Stats., which is hereby adopted by reference
and made a part of this chapter as if fully set forth herein.
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.
