[HISTORY: Adopted by the Common Council of the City of Prescott
as Title 11, Ch. 6, of the former City Code. Amendments noted where
applicable.]
GENERAL REFERENCES
Animals — See Ch. 235.
Building construction — See Ch. 259.
Fires and fire prevention — See Ch. 303.
Fireworks — See Ch. 307.
Health and sanitation — See Ch. 329.
Housing standards — See Ch. 341.
Property maintenance — See Ch. 443.
Solid waste — See Ch. 492.
Streets and sidewalks — See Ch. 506.
Trees and shrubs — See Ch. 526.
Abandoned vehicles — See Ch. 541.
Zoning — See Ch. 635.
No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the City of Prescott.
A public nuisance is a thing, act, occupation, condition or
use of property which shall continue 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.
E.
Cause or contribute to the depreciation of real estate values caused
by a state of disrepair or an unattractive appearance.
The following acts, omissions, places, conditions and things 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 § 410-2:
A.
Adulterated food. All decayed, harmfully 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 foods which are not buried or otherwise disposed
of in a sanitary manner within 24 hours after death.
C.
Breeding places for vermin, etc. 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.
Stagnant water. All stagnant water in which mosquitoes, flies or
other insects can multiply.
E.
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 City may cause all weeds and grass to be cut and removed
and brush to be removed and the cost thereof charged to the property
under § 66.0407, Wis. Stats.[1]
F.
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.
G.
Noxious odors, etc. Any use of property, substances or things within
the City or within four miles thereof or causing any foul, offensive,
noisome, nauseous, 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 City.
H.
Street pollution. 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 City.
I.
Air pollution. The escape of smoke, soot, cinders, noxious acids,
fumes, gases, fly ash of industrial dust within the City limits or
within one mile therefrom in such quantities as to endanger the health
of persons of ordinary sensibilities or to threaten or cause substantial
injury to property.[2]
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 § 410-2:
A.
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.
B.
Gambling devices. All gambling devices and slot machines, except
as permitted by state law.
C.
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 the ordinances of the City.
D.
Continuous violation of City ordinances. Any place or premises within
the City where City ordinances or state laws relating to public health,
safety, peace, morals or welfare are openly, continuously, repeatedly
and intentionally violated.
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 definition of § 410-2:
A.
Signs, billboards, etc. 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.
Illegal buildings. All buildings erected, repaired or altered in
violation of the provisions of the ordinances of the City relating
to materials and manner of construction of buildings and structures
within the City.
C.
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 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 such device, sign or signal.
D.
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.
H.
Dilapidated buildings. All buildings
or structures so old, dilapidated or out of repair as to be dangerous,
unsafe, unsanitary or otherwise unfit for human use.
I.
Wires over streets. All wires over streets, alleys or public grounds,
which are strung less than 15 feet above the surface thereof.
J.
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 shall greatly annoy or disturb a neighborhood
or any considerable number of persons within the City.[4]
K.
Open excavations. All open and unguarded pits, wells, excavations
or unused basements accessible from any public street, alley or sidewalk.
L.
Abandoned refrigerators. 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.
Flammable liquids. Repeated or continuous violations of the ordinances
of the City or laws of the state relating to the storage of flammable
liquids.
N.
Unremoved snow. All snow and ice not removed or sprinkled with ashes,
sawdust, sand or other chemical removers, as provided in this Code.
O.
Explosives. Any blasting, discharging or exploding of explosive materials
for commercial purposes or otherwise, unless a permit is first obtained
therefor from the City as provided in this Code.
P.
Barbed wire fences. All fences constructed wholly or in part of barbed
wire which are located within three feet of any public street, alley
or sidewalk.
Q.
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 City but including
those which, although made in accordance with such ordinance, 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.
R.
Unlawful assemblies. Any unauthorized or unlawful use of property
abutting on a public street, alley or sidewalk or of a public street,
alley of sidewalk which causes large crowds of people to gather, obstructing
traffic and free use of the streets or sidewalks.
S.
Fighting events prohibited. No person shall sponsor, sanction, condone
or permit to be held or carried out on any real estate under his or
her ownership or control any form of boxing, wrestling, or other type
of fighting event, whether or not held in exchange for prizes or other
forms of remuneration or awards and whether or not admission is charged
to the public for attendance at the same unless request is made at
least 90 days prior to the event and approved by a majority vote of
the Common Council. This subsection shall not apply to curricular
or extracurricular athletic events held or sponsored by secondary
schools or universities.[5]
A.
Summary abatement. If the inspecting officer determines that a public
nuisance exists within the City and that there is great and immediate
danger to the public health, safety, peace, morals or decency, the
Mayor 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.[1]
B.
Service of notice. Whenever the City officer per Subsection A of this section determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, he shall give notice of such violation to the person or persons responsible thereof. Such notice shall:
(1)
Be in writing;
(2)
Include a description of the real estate sufficient for identification;
(3)
Include a statement of the reason or reasons why it is being issued
and a statement of remedial actions, which, if taken, would effect
compliance with the provisions of this chapter;
(4)
State a reasonable date for the performance of any remedial actions;
(5)
Be served upon the owner, occupant or the agent, as the case may
require, provided that such notice shall be deemed to be properly
served upon such owner, occupant or agent, if a copy is delivered
personally or by leaving a copy at the place abode with a person at
least 18 years of age residing there or by mailing by certified mail
a copy to the last address and the date of mailing shall be deemed
the date of service.
C.
Repairs or remedial action.
(1)
Whenever the owner, occupant or agent fails, neglects or refuses to take remedial actions or take other corrective action called for by the notice provided in this chapter, and after the latter of 10 days from service, or the date stated in the notice, the City officer per Subsection A may, after providing notice of intention and fulfilling time limits per this subsection, undertake such repairs or take the remedial action if the cost of such repairs or remedial action will not exceed 50% of the assessed value of the building or structure involved.
D.
Right to hearing.
(1)
The owner, occupant or agent served such notice of intent per Subsection D(2) shall have the right to petition the City Plan Commission for a hearing. Such petition shall be delivered in writing to the Prescott City Office.
(2)
Within 10 days of receipt of such petition, the Mayor or his/her
delegate shall set a time and place for such hearing and shall give
the petitioner written notice thereof. At such hearing the petitioner
shall be given an opportunity to be heard and to show cause why such
notice should be modified or withdrawn. The hearing before the Plan
Commission shall be commenced not later than 30 days after the date
on which the petition was filed, provided that, upon written application
of the petitioner to the Plan Commission, the Commission may postpone
the date of the hearing for a reasonable time beyond such thirty-day
period, if in its judgment the petitioner has submitted a good and
sufficient reason for such postponement.
E.
Plan Commission decision. After such hearing the Plan Commission
shall sustain, modify or withdraw the notice, depending upon its finding
as to whether the provisions of this chapter have been complied with.
The Plan Commission may also modify any notice so as to authorize
a variance from the provisions of this chapter when, because of special
conditions, a literal enforcement of the provisions of this chapter
will result in practical difficulty or unnecessary hardship, provided
that the spirit of this chapter will be observed, safety and welfare
secured, and substantial justice done. If the Commission sustains
or modifies such notice, it shall be deemed an order, and the owner,
operator, or agent, as the case may require, shall comply with all
provisions of such order within a reasonable period of time, as determined
by said Plan Commission.
F.
Petitioners right to appeal. The petitioner has the right to appeal the decision of the Plan Commission to the Zoning Board of Appeals. Time limits, procedures, authority to sustain, modify or withdraw the notice by the Zoning Board of Appeals is identical to that of the Plan Commission per the provisions of Subsection E of this section. The decision of the Zoning Board of Appeals is final and action on the notice as sustained or modified will be carried out by the City if not accomplished by the owner, operator or agent as the case requires in a time specified by the Zoning Board of Appeals.
G.
Court order. Except where necessary under the above, no officer hereunder
shall 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.
H.
Other methods not excluded. Nothing in this chapter shall be construed
as prohibiting the abatement of public nuisances by the City or its
officials in accordance with the laws of the State of Wisconsin.
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 City
shall be collected as a debt from the owner, occupant or person causing,
permitting or maintaining the nuisance, such cost shall be assessed
against the real estate as a special charge.
A.
Enforcement. The Chief of Police, Fire Chief, Director of Public
Works, Building Inspector, Zoning Administrator and any other officials
of the City with the authority to issue citations 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 is satisfied that a nuisance
does, in fact, exist. When a hazard to public safety is determined
to exist a forfeiture of $500 per day plus administrative cost of
10% per day and cost of removal shall be assessed.[1]
