[HISTORY: Adopted by the Village Board of the Village of
Kimberly 10-3-1988 as Secs. 8-1-1, 8-1-2 and 8-1-4 and Title 11, Ch.
7, of the 1988 Code. Amendments noted where applicable.]
The Board of Health may make reasonable and general rules for
the enforcement of the provisions of this chapter and for the prevention
of the creation of health nuisances and the protection of the public
health and welfare and may, where appropriate, require the issuance
of licenses and permits. All such regulations shall have the same
effect as ordinances, and any person violating any of such regulations
and any lawful order of the Board of Health shall be subject to the
general penalty provided for in this Code.
[Amended 12-15-2014 by Ord. No. 9-2014; 1-19-2015 by Ord. No. 2-2015]
No person shall deposit or cause to be deposited in any public
street or on any public ground or on any private property not his/her
own refuse, garbage, recycling waste, litter, waste material or any
other objectionable material or liquid. When any such material is
placed on the person's own private property, it shall be properly
stored in an appropriate refuse container and disposed of according
to Village ordinances and other laws of the state. Such containers
must be appropriately sized, kept in an acceptable condition or in
a physically and visually enclosed area, and covered so as to prevent
the same from becoming a public nuisance.
No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the Village of Kimberly.
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; or
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 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 § 364-5:
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.
Garbage cans. Garbage cans which are not flytight.
F.
Noxious weeds. All noxious weeds and other rank growth of vegetation.
G.
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.
H.
Noxious odors, etc. Any use of property, substances or things within
the Village or within four miles thereof 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 Village.
I.
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 Village.
J.
Animals at large. All animals running at large.
K.
Accumulations of refuse, recycling waste, or debris. Accumulations
of old cans, lumber, recycling waste, debris, and other refuse.
[Amended 12-15-2014 by Ord. No. 9-2014; 1-19-2015 by Ord. No. 2-2015]
L.
Air pollution. The escape of smoke, soot, cinders, noxious acids,
fumes, gases, fly ash or industrial dust within the Village 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.
[Amended 3-5-2012 by Ord.
No. 3-2012]
M.
Electronic delivery device aerosol emissions. Emissions which may
emit heavy metals, volatile organic compounds and ultrafine particles
that can be inhaled deep into the lungs of both users and nonusers.
[Added 4-1-2019 by Ord.
No. 1-2019]
[Added 8-3-2020 by Ord. No. 4-2020]
The following conditions and things are hereby specifically declared to be a public nuisance affecting property usage, but such enumeration shall not be construed to exclude other property usage conditions coming within the definition of § 364-5:
A.
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 material intended for that use by the manufacturer for the
purposes of preservation and appearance. The same shall be maintained
by the owner, occupant, or person authorized to use the 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.
B.
On all residential and nonresidential premises in the Village, fallen
tree limbs, piles of grass and weed cuttings, accumulation of brush
cuttings, tree stumps with a height greater than their diameter, diseased
or dead trees, or other yard waste, 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, rutted
lawns or driveways, or any other unsightly conditions as may tend
to depreciate property values in the area or create a nuisance, hazard
or eyesore, shall not be allowed on any property by the owner, occupant
or person authorized to use the same.
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 § 364-5:
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.
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 in the ordinances of the Village.
D.
Continuous violation of Village ordinances. Any place or premises
within the Village where Village ordinances or state laws relating
to public health, safety, peace, morals or welfare are openly, continuously,
repeatedly and intentionally violated.
E.
Illegal drinking. 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 ordinances of the Village.
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 § 364-5:
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 Village relating
to materials and manner of construction of buildings and structures
within the Village.
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.
E.
Tree limbs. All limbs of trees which project over a public sidewalk
less than 10 feet above the surface thereof, and all limbs which project
over a public street less than 14 feet above the surface thereof.
F.
Dangerous trees. All trees which are a menace to public safety or
are the cause of substantial annoyance to the general public.
G.
Fireworks. All use or display of fireworks except as provided by
the laws of the State of Wisconsin and ordinances of the Village.
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 Village.
K.
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 Village 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, or which do not conform to the permit.
L.
Open excavations. All open and unguarded pits, wells, excavations
or unused basements accessible from any public street, alley or sidewalk.
M.
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.
N.
Flammable liquids. Repeated or continuous violations of the ordinances
of the Village or laws of the state relating to the storage of flammable
liquids.
O.
Unremoved snow. All snow and ice not removed or sprinkled with ashes,
sawdust, sand or other chemical removers, as provided in this Code.
A.
Enforcement. The Chief of Police, the Chief of the Fire Department,
the Director of Public Works and the Building Inspector 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 shall have 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.
B.
Summary abatement. If the inspecting officer shall determine 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 Village Administrator, upon the recommendation of the
appropriate department head, 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. The cost of abatement will be a minimum of $200, which
if unpaid will be specially assessed against the property.
[Amended 12-15-2014 by Ord. No. 9-2014]
C.
Abatement after notice. If the inspecting officer shall determine that 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 serve notice, in person or by certified mail, to the premises or last known address of property owner requiring the nuisance to be abated within 10 calendar days of mailing. Subsequent notices need not be certified and may be by phone, voice mail, email, or normal mailing allowing for five calendar days from date of notice or mailing to abate the nuisance. Subsequent notices may also be accompanied with a citation if the situation warrants. If such nuisance is not removed within the specified time period, days, the proper officer shall cause the nuisance to be removed as provided in Subsection B and a citation may be issued. The use of certified or normal mail does not have to be received by the property owner, only mailed to the last known address of the property owner to meet the notice requirement.
[Amended 12-15-2014 by Ord. No. 9-2014]
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 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 Village
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.
[Added 10-18-2010 by Ord. No. 9-2010]
A.
CHIEF
ENFORCEMENT ACTION
NUISANCE ACTIVITY
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(2)
OWNER
PERSONS ASSOCIATED WITH
PREMISES
Definitions. The following terms and phrases, when used in this section,
shall have the meaning ascribed to them in this subsection, except
where the context clearly indicates a different meaning:
The Chief of Police or his/her designee.
Arrest, the issuance of a citation, or the issuance of a
written or verbal warning, prosecution of violations and collection
of penalties and fees.
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.
Animal violations, as defined in Chapter 180, Village of Kimberly Code.
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.
Weapons violations, as defined in Chapter 377, Village of Kimberly Code.
Noise violations, as defined in Chapter 377, Village of Kimberly Code.
Reckless driving, as defined in § 346.62, Wis. Stats.
The execution of arrest or search warrants at a particular location.
Village of Kimberly inspection-related calls where the Fox Valley
Metro Police Department responds.[1]
Violations of the Fire Prevention Code set forth in Chapter 270, Village of Kimberly Code.
Violations of the Building Code, as set forth in Chapter 207, Village of Kimberly Code.
Exception. Applicable drug, gang and prostitution offenses will
be abated immediately as allowed in Ch. 823, Wis. Stats.
The owner and/or tenant of the premises and his/her/its 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 dwelling unit, an apartment building (all units
included as one premises), or an individual business premises and
associated common areas located in the Village.
B.
Notice. Whenever the Chief determines that three or more nuisance
activities resulting in enforcement action have occurred at the premises
during a twelve-month period, the Chief may notify the premises owner
in writing. In calculating the requisite nuisance activities, the
Chief 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.
C.
Delivery of notice. 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.
D.
Abatement plan. Any owner receiving notice pursuant to Subsections B and C shall meet with the Chief 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.
E.
Additional nuisance activity. Whenever the Chief 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 Chief
may calculate the cost of police response and enforcement for this
and any subsequent nuisance activity. He 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
Village may impose as a lien against the real estate upon which the
premises is located.
[Amended 12-6-2010 by Ord. No. 14-2010]
F.
Domestic
abuse considerations. Section 968.075, Wis. Stats., broadly defines
"domestic abuse." Therefore, in reaching a determination that a premises
is a chronic nuisance premises, activities that are "domestic abuse"
incidents pursuant to 968.075, Wis. Stats., shall not be included
as nuisance activities unless the incidents have been reviewed by
the Chief of Police and the Village Attorney and a determination is
made that, based upon the specific facts of each incident, the activities
should be considered nuisance activities as defined herein. In determining
whether to include such activities, the Chief of Police and the Village
Attorney shall consider the strong public policy in favor of domestic
victims reporting alleged abuses, and this section shall not operate
to discourage such reports.
[Added 12-5-2011 by Ord.
No. 16-2011[2]]
G.
Eviction
or retaliation prohibited. It shall be unlawful for a landlord to
terminate the lease agreement or periodic tenancy of any tenant or
otherwise retaliate against any tenant or members of the tenant's
household because the tenant complained or was complained about to
the Police Department, Zoning Administrator or Business Inspector
about nuisance activities on the landlord's premises. It shall be
unlawful for a landlord or any person acting as an agent for the landlord
to intimidate or actively discourage a tenant and/or persons associated
with a tenant from calling the Fox Valley Metro Police Department
or other Village officials to report nuisance activity associated
with a premises. It shall be presumed that any attempt to increase
charges, reduce service or to otherwise harass or retaliate against
the tenant during the twelve-month period following receipt of the
complaint by the Chief of Police, Zoning Administrator and/or Building
Inspector constitutes unlawful retaliation under this subsection.
Such presumption may be rebutted by the preponderance of evidence
that the actions by the landlord were based upon good cause. Notwithstanding
the foregoing, a tenant's lease agreement or periodic tenancy may
be terminated for a failure to pay rent; committing nuisance activity;
for the commission of waste upon the premises; violating the terms
or conditions of the lease agreement or periodic tenancy or as otherwise
provided in Ch. 704, Wis. Stats., and Ch. ATCP 134, Wis. Adm. Code.
"Good cause," as used in this subsection, means that a landlord must
show good cause for his/her actions, other than one related to or
caused by the operation of this section.
[Added 12-5-2011 by Ord.
No. 16-2011]
H.
When chronic
nuisance is deemed abated. The public nuisance created by a chronic
nuisance premises shall be deemed abated when no enforcement action
to address nuisance activities occurs for a period of one year from
the date stated on the notice declaring the premises a chronic nuisance
premises and/or there are no building inspection cases generated for
a period of one year from the date stated on the notice declaring
the premises a chronic nuisance premises.
[Added 12-5-2011 by Ord.
No. 16-2011]
I.
Appeal. Appeal of the determination of the Chief of Police pursuant
to either the notice, abatement plan, or the levying of special charges
may be made solely to the Village Board by requesting a hearing. Notice
of appeal must be in writing and submitted to the Village Board in
care of the Village Administrator with a copy submitted to the Chief
of Police. Chapter 68 of the Wisconsin Statutes does not apply to
this section.
J.
Penalties. Any person who shall violate any provision of this section shall be penalized pursuant to § 364-12, in addition to imposition of a fee for services constituting a special charge against the real estate imposed under Subsection E, if not paid in 20 days from mailing notice of these charges by the Village. Additionally, the Village may pursue injunctive relief against the owner in the Circuit Court for Outagamie County. All legal costs and attorney fees incurred by the Village for enforcement action of this section, pursuant to any remedy available, shall be payable to the Village by the owner of the premises. Judgment for such obligations may be obtained by the Village in either the Small Claims Court or Circuit Court for Outagamie County.
[Added 10-18-2010 by Ord. No. 9-2010]
Any person who shall violate any provision of § 364-11 shall, upon due conviction thereof, forfeit not less than the amount established by the bond schedule set below 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. Each violation and each day a violation continues or occurs shall constitute a separate offense.
