[HISTORY: Adopted by the Town Board of the
Town of Buchanan as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-4-1997 as §§ 34-26 to 34-32 of the 1997 Code]
[Amended 6-21-2011 by Ord. No. 2011-03]
No person shall create, erect, contrive, cause,
continue, maintain, install, construct, or permit to exist any public
nuisance within the Town.
A.
"Public nuisance" means a thing, act, occupation,
condition, or use of property which shall continue for such length
of time as to do any of the following:
(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.
B.
The following uses and acts are declared public nuisances:
(1)
Any use of property, substances, or things within
the Town emitting or causing any foul, offensive, noisome, nauseous,
noxious, or disagreeable odors, gases, effluvia, or stenches which
annoy, discomfort, injure, or inconvenience the health of any appreciable
number of persons within the Town.
(2)
All abandoned wells not securely covered or secured
from public use.
(3)
Any use of property which shall cause any nauseous
or unwholesome liquid or substance to flow into or upon any street,
gutter, alley, sidewalk, or public place within the Town.
The following acts, omissions, places, conditions,
and things as are hereby specifically declared to be public health
nuisances, but such enumeration shall not be construed to exclude
other health nuisances coming within the definition of the term "public
nuisances."
A.
All decayed, harmfully adulterated or unwholesome
food or drink sold or offered for sale to the public.
B.
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.
Accumulations of decayed animal or vegetable matter,
trash, rubbish, rotting lumber, bedding, packing material, scrap metal,
or any material whatsoever in which flies, mosquitoes, disease-carrying
insects, rats, or other vermin may breed.
D.
All stagnant water in which mosquitoes, flies or other
insects can multiply.
E.
Garbage cans which are not flytight.
F.
The escape of smoke, soot, cinders, noxious acids,
fumes, gases, fly ash, industrial dust, or other atmospheric pollutants
within the Town limits or within one mile therefrom in such quantities
as to endanger the health of persons or ordinary sensibilities or
threaten or cause substantial injury to property in the Town.
G.
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.
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:
A.
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.
B.
All buildings erected, repaired, or altered in violation
of the provisions of the ordinances of the Town relating to materials
and manner of construction of buildings and structures.
[Amended 8-17-2010 by Ord. No. 2010-03]
C.
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 an official traffic
control device, railroad sign or signal or which, because of its color,
location, brilliance, or manner of operation, interferes with the
effectiveness of any device, sign, or signal.
D.
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.
E.
All limbs of trees which project over and less than
14 feet above the surface of a public sidewalk or street or less than
10 feet above any other public place.
G.
All buildings or structures, the contents of a building
or structure, or any associated electrical, heat, water or sewer system
located on public or private lands so old, dilapidated, or out of
repair as to be dangerous, unsafe, unsanitary, or otherwise unfit
for human habitation.
[Amended 6-21-2011 by Ord. No. 2011-03]
H.
All wires over streets, alleys, or public grounds
which are strung less than 15 feet above the surface thereof.
I.
All loud, discordant, and unnecessary noises or vibrations
of any kind.
J.
All obstructions of streets, alleys, sidewalks, or
crosswalks and all excavations in or under the same, except as permitted
by the ordinances of the Town, or 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.
K.
All open and unguarded pits, wells, excavations, or
unused basements freely accessible from any public street, alley,
or sidewalk.
L.
All abandoned refrigerators or iceboxes from which
the doors and other covers have not been removed or which are not
equipped with a device for opening from the inside.
M.
Any unauthorized or unlawful use of property abutting
on a public street, alley, or sidewalk which causes large groups of
people to gather, obstructing traffic and free use of the streets
or sidewalks.
N.
Repeated or continuous violations of the ordinances
of the Town or laws of the state relating to the storage of flammable
liquids.
O.
All snow and ice not removed or sprinkled with ashes,
sawdust, or sand.
[Amended 8-17-2010 by Ord. No. 2010-03]
P.
The conducting of any junk business or the use of
any open lot or vacant parcel of land or any part thereof or any uncovered
or exposed premises outside of a building as a junkyard or for the
purpose of exposing any such junk for sale or for the storage thereof.
For the purpose of this article, junk shall consist of scraps of old
metal, glass, automobiles wholly or partially dismantled, or the parts
thereof, or other partially dismantled machinery, or the parts thereof,
or old boxes or other refuse matter. It is intended in this article
that no violation of this subsection occurs where the junk is contained
wholly within a building so as not to be visible outside of such building.
A.
Inspection of premises. Whenever a complaint is made
to the Town that a public nuisance exists within the Town, he/she
shall promptly notify the Town Administrator or Building Inspector
who shall forthwith inspect or cause to be inspected the premises
complained of. Whenever practicable, the inspecting officer shall
cause photographs to be made of the premises and shall file the same
in the office of the Town Administrator.
[Amended 8-17-2010 by Ord. No. 2010-03; 11-10-2016 by Res. No. 2016-05]
B.
Summary abatement. Summary abatement shall be executed
as follows:
[Amended 8-17-2010 by Ord. No. 2010-03; 6-21-2011 by Ord. No.
2011-03]
(1)
Notice
to owner. If the inspecting officer shall determine that a public
nuisance exists within the Town and that there is great and immediate
danger to the public health, safety, peace, morals, or decency, the
Town Administrator shall serve a written order on the person causing,
permitting, or maintaining such nuisance or upon the owner or occupant
of the premises where such nuisance is caused, permitted, or maintained.
If immediate personal service cannot be made, a copy of the written
notice shall be posted on the premises. Such notice shall direct the
person causing, permitting, or maintaining such nuisance or the owner
or occupant of the premises to abate or remove such nuisance within
24 hours and shall state that, unless such nuisance is so abated,
the Town may cause, due to emergency conditions, the nuisance to be
abated and shall charge the cost thereof to the owner, occupant, or
person causing, permitting, or maintaining the nuisance, as the case
may be.
[Amended 11-10-2016 by Res. No. 2016-05]
(2)
Abatement
by Town. If the nuisance is not abated within the time period or if
the owner, occupant, or person causing the nuisance cannot be found,
the Town shall cause the abatement or removal of such public nuisance
by immediately seeking for the Town a court order that allows for
the immediate enjoinment and abatement of the public nuisance.
C.
Abatement by court action. If the inspecting officer
shall determine that a public nuisance exists on public or 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/she shall file a written report of findings with the
Town Administrator, who shall take one or more of the following actions,
as directed by the Town Board:
[Amended 8-17-2010 by Ord. No. 2010-03; 6-21-2011 by Ord. No.
2011-03; 11-10-2016 by Res. No. 2016-05]
(1)
Issue
and serve a written order to cease and desist the public nuisance
upon the person causing, permitting, or maintaining the public nuisance
and the owner or occupant of the premises where the public nuisance
is located.
(2)
Issue
and serve a citation for violation of this article upon the person
causing, permitting, or maintaining the public nuisance and the owner
or occupant of the premises where the public nuisance is located.
(3)
Cause
the Town Attorney to draft a formal civil complaint to be filed and
served upon the alleged violator(s) for abatement of the public nuisance
under Ch. 823, Wis. Stats.
D.
Other methods not excluded. Nothing in this article
shall be construed as prohibiting the injunction and abatement of
public nuisances by the Town or its officials in accordance with the
laws of the state.
[Amended 6-21-2011 by Ord. No. 2011-03]
[Amended 6-21-2011 by Ord. No. 2011-03]
In addition to any other penalty imposed by
this article for the erection, contrivance, creation, continuance,
or maintenance of a public nuisance and violation of this ordinance,
the cost of abatement of any public nuisance by the Town may be collected
under this article or § 823.06, Wis. Stats., as a debt or
expense from the owner or occupant of the real property for causing,
permitting, or maintaining the nuisance. If notice to abate the nuisance
has been given to the owner or occupant previously, the cost of abatement
may be assessed against the real property for services rendered and
incurred by the Town to enjoin or abate the public nuisance as a special
charge. If any vehicle, structure, equipment, implement, or appliance
is abandoned or remains unclaimed in violation of this article, the
Town Board may proceed to dispose of this personal property under
§ 66.0139, Wis. Stats., by public auction or other means
as determined in writing by the Town Board.
[Amended 6-21-2011 by Ord. No. 2011-03]
Any person who shall violate any provision of
this article shall upon conviction, forfeit not less than $20 nor
more than $500 together with the costs of prosecution for a first
offense. Any person who shall violate provisions of this article for
second and subsequent offenses, shall upon conviction, forfeit not
less than $100 nor more than $1,000 for each offense, together with
the costs of prosecution. A separate offense shall be deemed committed
on each day on which a violation of any provision of this article
occurs or continues.
[Adopted 8-17-2010 by Ord. No. 2010-02]
The following terms shall be defined as follows in this section:
Arrest, the issuance of a citation, or the issuance of a
written or verbal warning.
The Lieutenant of the Outagamie County Sheriff's Department
with supervisory duties of Sheriff's Deputies serving the Town of
Buchanan or his/her designee.
Any of the following activities, behaviors, or conduct whenever
engaged in by property owners, operators, tenants, occupants, or persons
associated with premises:
An act of harassment, as defined in § 947.013, Wis.
Stats.
Disorderly conduct, as defined in § 947.01, Wis. Stats.
Crimes of violence, as defined in Ch. 940, Wis. Stats.
Obstructing or resisting an officer, as defined in § 946.41,
Wis. Stats.
Crimes against sexual morality, as defined in Ch. 944, Wis.
Stats.
Any gambling crimes, as defined in Ch. 945, Wis. Stats.
Theft, as defined in § 943.20, Wis. Stats.
Receiving stolen property, as defined in § 943.34,
Wis. Stats.
Damage to property, as defined in § 943. 01, Wis.
Stats.
Arson, as defined in § 943.02, Wis. Stats.
Possession, manufacture, or delivery of a controlled substance
or related offenses, as defined in Ch. 961, Wis. Stats.
Trespassing, as defined in §§ 943.13 and 943.14,
Wis. Stats.
Alcohol violations, as defined in Chapter 339, Town of Buchanan Municipal Code, and § 125.07, Wis. Stats.
Reckless driving, as defined in § 346.62, Wis. Stats.
The execution of arrest or search warrants at a particular location.
Exception. Applicable drug, gang, and prostitution offenses
will be abated immediately as allowed in Ch. 823, Wis. Stats.
The owner of the premises and his/her agents.
Any person who, whenever engaged in a nuisance activity,
enters, occupies, patronizes, visits or attempts to enter, occupy,
patronize or visit a property. Includes any officer, director, customer,
agent, employee or independent contractor of a property owner, tenant,
or occupant.
An individual rental dwelling unit, an apartment building
(all units included as one premises), rental duplex or an individual
business premises and associated common areas located in the Town.
Whenever the Lieutenant determines that three or more nuisance
activities resulting in enforcement action have occurred at the premises
during a twelve-month period, the Lieutenant may notify the premises
owner in writing. In calculating the requisite nuisance activities,
the Lieutenant may count separate qualifying nuisance activities resulting
in enforcement action occurring on the same day (as long as they are
distinct in time) or different days, but shall never count nuisance
activities that were reported by the owner of the premises. The notice
shall contain the street address or legal description sufficient to
identify the premises, a description of the nuisance activities that
have occurred at the premises, a statement indicating that the cost
of future enforcement may be assessed as a special charge against
the premises, and a notice as to the appeals rights of the owner.
The notice shall be deemed to be properly delivered if sent
either by certified mail to the property owner's last known address
or if delivered in person to the property owner. If the property owner
cannot be located, the notice shall be deemed properly delivered if
left at the property owner's usual place of residence in the presence
of a competent family member at least 14 years of age or a competent
adult currently residing there and who shall be informed of the contents
of the notice. If a current address cannot be located, it shall be
deemed sufficient if a copy of the notice is sent by certified mail
to the last known address of the owner as identified by the records
of the tax roll.
Any owner receiving notice pursuant to §§ 404-8 and 404-9 shall meet with the Lieutenant, or his/her designee, within five business days of receipt of such notice. The parties shall review the problems occurring at the property and agree upon an abatement plan to end the nuisance activity on the property. The plan shall also specify a name, address, and telephone number of a person living within 60 miles of the property who can be contacted in the event of further police, fire, or inspection contact.
Whenever the Lieutenant determines that additional nuisance
activity has occurred at a premises not less than 15 business days
after notice has been issued and that reasonable efforts have not
been made to abate the nuisance activity, the Lieutenant may calculate
the cost of police response and enforcement for this and any subsequent
nuisance activities. It shall also cause such charges and administrative
costs to be assessed against the premises as a fee for current service
authorized by §§ 61.34 and 66.0628, Wis. Stats.,
and collected as a special charge which the Town may impose as a lien
against the real estate upon which the premises is located.
[Amended 11-10-2016 by Res. No. 2016-05]
Appeal of the determination of the Lieutenant pursuant to either
the notice, abatement plan, or the levying of special charges may
be made solely to the Town Board requesting a hearing. Notice of appeal
must be in writing and submitted to the Town Board in care of the
Town Administrator with a copy submitted to the Lieutenant. Chapter
68, Wis. Stats., does not apply to this article.
A.
Any person who shall violate any provision of this article shall be penalized pursuant to § 1-7, Town of Buchanan Municipal Code, in addition to imposition of a fee for services constituting a special charge against the real estate imposed under § 404-11. Additionally, the Town may pursue injunctive relief against the owner in the Circuit Court for Outagamie County. All legal costs and attorney fees incurred by the Town for enforcement of this article, pursuant to any remedy available, shall be payable to the Town by the owner of the premises. Judgment for such obligations may be obtained by the Town in either the Small Claims Court or Circuit Court for Outagamie County.
B.
Any person
who shall violate any provision of this article shall upon due conviction
thereof forfeit not less than $100 nor more than $1,000 for each such
offense, together with the costs of prosecution, and in default of
the payment of such forfeiture and costs shall be imprisoned in the
county jail until said forfeiture and costs of prosecution are paid,
but not to exceed 30 days.
