[HISTORY: Adopted by the City Council of the City of Fond
du Lac 6-23-1993 by Ord. No. 2679 as Ch. 10 and § 11.03 of
the 1993 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 216.
Firearms, weapons and hunting — See Ch. 339.
Fires and fire prevention — See Ch. 343.
Fireworks — See Ch. 347.
Peace and good order — See Ch. 500.
Property maintenance — See Ch. 512.
Solid waste — See Ch. 556.
Streets and sidewalks — See Ch. 568.
Trees — See Ch. 607.
[Amended 5-27-2009 by Ord. No. 3406]
No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the City. Any thing, act,
occupation, condition, or use of property which has been defined by
the Wisconsin Statutes as a public nuisance is a public nuisance under
this chapter.
A.
A public nuisance is a thing, act, occupation, condition or use of
property which continues 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
or other public way or the use of public property.
B.
In addition, any violation of the Code of the City of Fond du Lac,
Wisconsin, that is not corrected within a reasonable time after notice
from the City to a responsible party is a public nuisance.
A.
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 within the definition of § 476-2:
(1)
Adulterated food. All decayed, adulterated or unwholesome food or
drink sold or offered for sale to the public.
(2)
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.
(3)
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.
(4)
Stagnant water. All stagnant water in which mosquitoes, flies or
other insects can multiply.
(5)
Privy vaults and garbage cans. Privy vaults and garbage cans which
are not flytight.
(6)
Noxious odors, etc. Any use of property, substances or things within
the City emitting or causing any foul, offensive, noisome, noxious
or disagreeable odors, gases, effluvia or stenches repulsive to the
physical senses of ordinary persons which annoy, discomfort, injure
or inconvenience the health of persons within the City.
(7)
Street pollution. Any use of property which causes any noxious or
unwholesome liquid or substance to flow into or upon any street, gutter,
alley, sidewalk or public place within the City.
B.
No person
shall have or maintain any outhouse, privy or vault nor shall the
same be constructed upon any lot, part of lot or parcel of land within
the City.
[Amended 4-24-2014 by Ord. No. 3544]
C.
Offensive
matter. No person shall put, place, cast or throw any manure, offal
or any other filthy or noisome substance upon any street, alley or
public grounds within the City. No person shall place or conduct into
any street or alley or upon the margin lands or into the water of
the Fond du Lac River or either of its branches or upon any public
grounds, lot or portion thereof in the City any putrid or unsound
beef, pork, fish, hides or skins of any kind or any filth, offal,
manure, dead animals, rotten vegetables or other unsound or offensive
matters or anything likely to become offensive, nor shall any person
allow any offensive matter to be or remain upon his premises or in
any stable or other place owned or occupied by him or in any street
or alley in front of the premises or in any pen, yard or other place
within the City.
[Amended 4-24-2014 by Ord. No. 3544]
D.
Animal pens. The enforcement agent shall direct the owner or occupants of any premises upon which may be situated any stable, slaughterhouse, sewer, drain, sinks or yard for the keeping of fowl or animals to reasonably and sufficiently cleanse and purify the same. The procedure for giving the notice and for the charging of the expense for cleansing the yard if the owner refuses to do so shall be as provided in § 476-11.
[Amended 4-24-2014 by Ord. No. 3544]
E.
Display
of food. No person shall display or store any fruit, vegetable or
other food or dairy products on the sidewalk or outside of the place
of business in the City unless such fruits, vegetables or other food
products are covered by glass, wood or metal cases or enclosed in
tight boxes, bags, barrels or similar enclosures or containers, and
no such goods or dairy product which is offered for sale to the public
generally shall be displayed unless properly protected from flies,
dust or other sources of contamination by being suitably covered with
a glass, wood or metal case or covering. Nothing in this subsection
shall be construed as permitting the encumbering of any part or portion
of the public sidewalks of the City.
[Amended 4-24-2014 by Ord. No. 3544]
F.
Spitting
in public. No person shall spit or deposit any spit, mucous or tobacco
spit upon the floor, stairway or wall of any theater, public hall,
store, public building, public conveyance or sidewalk, or upon any
platform of any railroad station in the City.
[Amended 4-24-2014 by Ord. No. 3544]
G.
Rendering
plants. No person shall operate or maintain any rendering plant within
the corporate limits of the City or within four miles of the boundaries
of the City.
[Amended 4-24-2014 by Ord. No. 3544]
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 § 476-2:
A.
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 by this Code.
B.
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 repeatedly and intentionally
violated.
C.
Illegal drinking. Any place or premises resorted to for the purpose
of drinking intoxicating liquor or fermented malt beverages in violation
of state laws.
The following acts, omissions, places, conditions and things are 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 § 476-2:
A.
Dangerous signs, billboards, etc. All signs, 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 City ordinances 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 official
traffic control devices or railroad signs or signals or which, because
of their color, location, brilliance or manner of operation, interfere
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.
Low-hanging tree limbs. All limbs of trees which project over and
less than 10 feet above any public sidewalk, street or other public
place.
F.
[1]Fireworks. All use or display of fireworks except as provided
by state laws and City ordinances.
G.
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.
H.
Low-hanging wires and cables. All wires and cables over streets,
alleys or public grounds which are strung less than 15 feet above
the surface thereof.
I.
Disruptive animals or fowl. Any animal which:
[Amended 4-24-2014 by Ord. No. 3544]
J.
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 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.
K.
Unlawful assemblies. 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.
L.
Blighted buildings and premises. Premises existing within the City
which are blighted because of faulty design or construction, failure
to maintain them in a proper state of repair, improper management,
or due to the accumulation of junk outside of any building or within
an open porch or a vehicle used for storage purposes, or other unsightly
debris, structurally unsound fences, construction debris or materials,
trash, wood, brick, appliances and airtight containers, and other
items which may depreciate property values or be detrimental to the
appearance, neatness, health and cleanliness of the neighborhood,
provided that nothing in this subsection shall prohibit reasonable
storage of construction materials during the construction of any building
or structure.
[Amended 9-24-1997 by Ord. No. 2897]
M.
Uncovered/open excavations. All open and unguarded pits, wells, excavations
or unused basements freely accessible from any public street, alley
or sidewalk.
[Amended 9-24-1997 by Ord. No. 2897]
N.
Junk vehicles. All junked, disassembled, inoperable or wrecked motor
vehicles, or parts thereof, which have been allowed to remain outside
of any building upon public or private property for a period in excess
of 10 days, unless in connection with a permitted automotive sales
or repair business located in a properly zoned area.
[Amended 9-24-1997 by Ord. No. 2897]
[Added 4-24-2014 by Ord.
No. 3544]
All buildings, places and premises shall be so constructed and
maintained as to prevent rats from being harbored underneath the same
or within the walls thereof, and all food products or other products,
goods, wares and merchandise likely to attract or become infested
with or infected by rats, whether kept for sale or for any purpose,
shall be so protected as to prevent rats from gaining access or coming
in contact therewith. All buildings, places and premises shall continuously
be kept by the owner, person in charge or the occupant in a clean
and sanitary condition and free from rats. Whenever ratholes, burrows
or other evidence of rat infestation are found on any premises or
in any building the owner or occupant shall exterminate the rats or
cause the rats to be exterminated. A ratproof metal container or any
other container made of material that is impervious to rats shall
be used for the storage of garbage or refuse, and openings into the
container such as a door or covers shall be tight fitting to prevent
the entrance of rats.
[Added 5-27-2009 by Ord.
No. 3406; amended 9-11-2019 by Ord. No. 3697; 4-24-2014 by Ord. No. 3544; 8-26-2020 by Ord. No. 3720]
A.
Findings. The Fond du Lac City Council finds that certain premises within the City receive and require more than the general, acceptable level of City Police and Building Inspection Services, place an undue and inappropriate burden on City of Fond du Lac taxpayers, and constitute public nuisances. Nuisance activity contributes to the general decay of an affected neighborhood and negatively impacts law-abiding residents in these neighborhoods. The vast majority of properties with chronic nuisance activity are non-owner-occupied. This section is enacted to encourage premises owners to recognize their responsibility to ensure that activities occurring on their premises conform to the law and do not unduly burden the City's Police and Building Inspection Services and to provide a mechanism for the City to take action against premises owners who fail to ensure premises they own do not require a disproportionate level of City Police and Building Inspection Services to be devoted to such premises. This section provides a method for City Police and Building Inspection to use in a progressive manner when working with property owners to abate nuisance activities occurring on their premises. Therefore, the City Council determines that the City will charge the owners of such premises with the costs associated with abating nuisance activity at premises where nuisance activities chronically occur. This section is not intended to discourage crime victims or a person in legitimate need of police services from requesting them. This section does not affect a premises owner's duty to comply with the Fair Housing Laws under Chapter 307 (Discrimination) of the City of Fond du Lac's Code of Ordinances, nor does it affect a premises owner's duty to comply with all other laws governing residential tenancies which are contained in Chapter 704 of the Wisconsin Statutes, Chapter ATCP 134 of the Wisconsin Administrative Code, and all requirements of the relevant ordinances of the Code of the City of Fond du Lac.
B.
CHIEF
CHIEF BUILDING INSPECTOR
CHRONIC NUISANCE PREMISES
(1)
(2)
(3)
ENFORCEMENT ACTION
NUISANCE ACTIVITY
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(26)
(27)
(28)
OWNER
PREMISES
Definitions. The following terms shall be defined as follows in this
section:
The Chief of Police or his or her designee.
The Chief Building Inspector or his or her designee.
A premises that meets any of the following criteria:
Is a premises which has generated three or more calls for police
services that have resulted in enforcement action for nuisance activities
on three separate days within a ninety-day period. Three or more calls
for police services resulting in enforcement action for nuisance activities
includes enforcement action taken against any person associated with
the premises while at or within 200 feet of the premises for a nuisance
activity; and/or has generated a number of cases from the building
inspection for nuisance activities from separate inspections occurring
within a one-year period, with such calls resulting in enforcement
action based on the following:
Is a premises for which a Fond du Lac County court of law has
determined that, pursuant to a search warrant request, probable cause
exists that manufacture, distribution or delivery of a controlled
substance has occurred on or in association with the premises within
30 days prior to the date of the search warrant application; or
Is a premises which has had one enforcement action associated
with the premises resulting from the manufacture, delivery or distribution
of a controlled substance(s) as defined in Chapter 961 of the Wisconsin
Statutes.
An arrest or the issuance of a citation.
Any of the following activities, behaviors, or conduct occurring
on a premises:
Alcohol violations, as defined in Chapter 400 of the Code of the City of Fond du Lac and § 125.07, Wis. Stats.
Alcohol, possessing an open container which contains alcohol beverages or consuming alcohol beverages upon any public street as prohibited by § 400-15 of the Code.
Alcohol, selling, offering for sale or giving away of any intoxicating
liquors or fermented malt beverages without a license as provided
in § 125.04(1), Wis. Stats.
An act of harassment, as defined in § 947.013, Wis.
Stats.
Animal violations, as defined in Chapter 216 of the Code of the City of Fond du Lac.
Arson, as defined in § 943.02, Wis. Stats.
Battery, substantial battery, or aggravated battery, as defined
in § 940.19, Wis. Stats.
Code enforcement, City of Fond du Lac building inspection or
code enforcement action.
Crimes involving illegal possession of firearms as defined in
§§ 941.23, 941.26, 941.28, 941.29 and 948.60, Wis.
Stats.
Disorderly conduct, as defined in § 947.01, Wis. Stats.
Fire Prevention Code, violations of the Fire Prevention Code as prohibited by Chapter 343 of the Code.
Gambling, Illegal gambling as defined in § 945.02,
Wis. Stats.
Lewd and lascivious behavior, as defined in § 944.20,
Wis. Stats.
Littering as prohibited by § 500-1, adopting § 287.81(2)(a), (b) and (2m), Wis. Stats.
Maintaining a drug dwelling as defined in § 961.42,
Wis. Stats.
Minimum housing code, violations of the minimum housing code as prohibited by Chapter 255 of the Code.
Obstructing or resisting an officer, as defined in § 946.41,
Wis. Stats.
Pandering as prohibited by § 944.33, Wis. Stats.
Possession, manufacture, or delivery of a controlled substance
or related offenses, as defined in Ch. 961, Wis. Stats.
Prostitution, as defined in § 944.30, Wis. Stats.
Prostitution, keeping a place of prostitution in § 944.34,
Wis. Stats.
Prostitution, Loitering for the purposes of prostitution as
prohibited by § 134.65, Wis. Stats.[1]
Prostitution, Loitering for the purposes of soliciting prostitution
as prohibited by § 947.02 Wis. Stats.
Prostitution, soliciting prostitutes as prohibited by § 944.32,
Wis. Stats.
Receiving stolen property, as defined in § 943.34,
Wis. Stats.
Theft, as defined in § 943.20, Wis. Stats.
Trespassing, as defined in §§ 943.13 and 943.14,
Wis. Stats.
The owner of the premises and his or her agents.
A place of abode, a residence, a house or multiple dwelling
unit for one or more persons, including lodging houses, hotels, motels
and tourist rooming houses, and associated common areas, yards and
parking lots. In the case of multiple dwelling units, "premises,"
as used in this section, may consist of any single unit providing
complete, independent living facilities for one or more persons, including
provisions for living, sleeping, eating, cooking and sanitation.
[1]
Editor's Note: See § 947.02, Wis. Stats.
C.
Procedure.
(1)
Upon finding that a premises meets the definition of a chronic nuisance
premises, the Chief of Police or the Chief Building Inspector may
declare the premises a chronic nuisance premises. The Chief of Police
or the Chief Building Inspector shall provide written notice of his
or her determination to the premises owner identified by the City
of Fond du Lac Assessor's records for that premises. The chronic nuisance
premises notice ("CNP notice") shall be deemed delivered if sent either
by first-class mail to the premises owner's last known address as
identified by the records of the City Assessor or by personal service
pursuant to Section 801.11, Wis. Stats. The CNP notice shall contain
the following information:
(a)
Street address, parcel number or a legal description sufficient
to identify the premises.
(b)
A concise statement, including a description of the relevant
activities supporting the determination that the premises is a chronic
nuisance premises.
(c)
A statement that the owner shall immediately notify the Chief
of Police or Chief Building Inspector of any change in address to
ensure receipt of future notices.
(d)
A statement that the cost of future enforcement may be assessed
as a special charge against the premises.
(e)
A statement that the owner shall, within 10 days of receipt
of the CNP notice, respond to the Chief of Police or the Chief Building
Inspector either with an appeal or to propose a written course of
action to abate the nuisance activities. The statement shall direct
the premises owner to schedule a meeting with the Chief of Police
and/or Chief Building Inspector to discuss the nuisance activity and
the premises owner's intent regarding abatement.
(f)
A statement that the premises owner shall, when appropriate,
consider and implement alternatives to eviction when formulating an
abatement plan.
(g)
A statement that the premises owner shall at all times comply with the fair housing requirements contained in Chapter 307 (Discrimination) of the Code when considering any action against a tenant based upon a CNP notice.
(h)
A statement that the premises owner may be subject to a forfeiture
action with a penalty of not less than $1,000 nor more than $5,000
for permitting a chronic nuisance premises and may be subject to imprisonment
for failure to pay such forfeiture.
(i)
A statement that if the premises is a non-owner-occupied residential
premises, the premises owner is encouraged to attend landlord training,
where available.
D.
Determination of chronic nuisance.
(1)
In reaching a determination that a premises is a chronic nuisance
premises, activities that were reported to the City Police or Building
Inspection Services by the premises owner or on-site premises manager
shall not be included as nuisance activities.
(2)
Wis. Stat. § 968.075, 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 Wis. Stat. § 968.075 shall not be included as nuisance activities unless the incidents have been reviewed by the Chief of Police and the Office of the City Attorney and a determination is made that, based upon the specific facts of each incident, the activities should be deemed nuisance activities under Subsection B. In determining whether to include such activities, the Chief of Police and Office of the City 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 and shall comply with the domestic violence provisions contained in Chapter 307 (Discrimination) of the Code.
(3)
If the owner responds to the CNP notice pursuant to § 476-7C(1)(e) with a nuisance abatement proposal, the Chief of Police or the Chief Building Inspector may accept, reject or work with the owner to modify the proposal. The plan is acceptable if it can reasonably be expected to result in abatement of the nuisance activities described in the CNP notice within 60 days.
(a)
Premises owners shall be counseled regarding nuisance abatement
methods and strategies and shall be encouraged to submit a comprehensive
nuisance abatement plan that considers alternatives to eviction in
situations where eviction is not the sole remedy available to abate
the nuisance activity.
(b)
Premises owners shall be counseled regarding use of available
resources, including community service providers, when nuisance activity
associated with the premises is not caused or contributed to by the
direct actions of a tenant.
(c)
If the premises owner meets with the Chief of Police and/or the Chief Building Inspector and presents an acceptable abatement plan and initiates action to abate the nuisance activities occurring on the premises, the Police Department and/or Building Inspection will delay further enforcement of this section, including cost recovery under § 476-7C(1)(d).
(d)
If the premises owner ceases to cooperate with the efforts to
abate the nuisance activities, the Chief of Police and/or Chief Building
Inspector will reinstitute enforcement of this section and the premises
owner will be sent a change in status letter. This letter will document
the City Police and/or Building Inspection Services' efforts to contact
and/or obtain cooperation of the owner.
(4)
Any premises owner who has been notified by the Chief of Police or
the Chief Building Inspector that their non-owner-occupied premises
is a chronic nuisance premise is encouraged to attend a landlord training,
where available.
(5)
Whenever the Chief of Police or the Chief Building Inspector determines
that any of the following have occurred:
(b)
Enforcement action for an additional nuisance activity has occurred at a premises for which notice has been issued pursuant to § 476-7C(1) and this enforcement action has occurred not less than 15 days after the CNP notice has been issued; or
(c)
A course of action submitted pursuant to § 476-7C(1)(e) has not been completed, then the Chief of Police and/or the Chief Building Inspector may calculate the cost of enforcement to abate this and any subsequent nuisance activities and may refer such cost to the Comptroller so that the cost may be billed to the premises owner. The Chief of Police and/or the Chief Building Inspector shall notify the premises owner of the decision to refer the cost of enforcement to the Comptroller. Delivery of this notice, along with a copy of the Chief of Police or Chief Building Inspector's referral letter to the Comptroller, shall be made as set forth in § 476-7C(1). The notice shall contain:
[1]
The street address or legal description sufficient for identification
of the premises.
[2]
A statement that the Chief of Police and/or the Chief Building
Inspector has referred the cost of enforcement to the Comptroller
with a concise description of the nuisance activities and the relevant
sections of the ordinances.
E.
Penalties and remedies.
(1)
Cost recovery. The Chief of Police and the Chief Building Inspector shall keep an accurate account of the cost of enforcement and shall report it to the Comptroller. The Comptroller shall establish a reasonable charge for the costs of enforcement of this section. Upon receipt of a notice from the Chief of Police or the Chief Building Inspector issued pursuant to § 476-7D(5)(c), the Comptroller shall charge any premises owner found to be in violation of this section the costs of enforcement in full or in part. Such costs shall be billed to the premises owner by invoice sent by regular mail and must be paid within 30 days of the date on the invoice. Any unpaid invoice shall be a lien on such premises and may be assessed and collected as a special charge pursuant to Wis. Stat. § 66.0627. A $100 administrative fee shall be added to the cost of enforcement charged to the benefited premises any time the premises is declared a chronic nuisance premises.
(2)
Suspension of cost recovery. If, after the receipt of a billing notice
from the Comptroller, the premises owner develops an acceptable plan
and initiates action to abate nuisance activities occurring on the
premises, the Chief of Police and/or Chief Building Inspector will
suspend further enforcement of this section. The premises owner is
still responsible for any enforcement costs incurred prior to the
premises owner's submitting an abatement plan, including the administrative
fee. If the premises owner ceases to cooperate with the efforts to
abate the nuisance activities, the Chief of Police and Chief Building
Inspector will reinstitute enforcement of this section after sending
the premises owner a change in status letter.
(3)
Forfeiture. A forfeiture action may be commenced by the Office of the City Attorney for each enforcement action for nuisance activity occurring after the premises has been declared a chronic nuisance premises. In addition to any other penalty or remedy provided by law, any person who shall violate any provision of this section shall be subject to penalty as provided in § 476-15.
(4)
Appeal. Appeal of the determination of the Chief of Police and/or the Chief Building Inspector pursuant to either § 476-7D(1), or the action of the Comptroller imposing special charges pursuant to § 476-7E(1) against the premises, may be submitted in writing to the Administrative Appeal Board in accordance with the procedures set forth in Chapter 14, § 14-10, of the Code.
(5)
Eviction or retaliation prohibited.
(a)
It shall be unlawful for a landlord to terminate the lease agreement or periodic tenancy of any tenant or otherwise retaliate against any tenant because that tenant complained to the Chief of Police or Chief Building 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 police to report nuisance activity associated with a premises. It shall be presumed that any attempt to increase charges, reduce services, or to otherwise harass or retaliate against the tenant during the twelve-month period following receipt of the complaint by the Chief of Police or Chief Building Inspector constitutes unlawful retaliation under this subsection. Such presumption shall be rebutted by the preponderance of evidence that the actions taken 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 as defined in Subsection B, for the commission of waste upon the premises; violating the terms and conditions of the lease agreement or periodic tenancy or as otherwise provided in Wis. Stats. Ch. 704, and Wis. Admin. Code Ch. ATCP 134. A landlord's failure to renew a lease agreement or periodic tenancy upon expiration of such lease agreement or periodic tenancy shall not be deemed a violation of this subsection.
(b)
"Good cause" as used in this subsection means that a landlord
must show good cause for his or her actions, other than one related
to or caused by the operation of this section.
(6)
Abatement in accordance with state law. Nothing in this section shall
be construed as prohibiting the abatement of public nuisances by the
City or its officials in accordance with the laws of the state.
(7)
When 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 six consecutive
months 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 six consecutive months from the date
stated on the notice declaring the premises a chronic nuisance premises.
(8)
Severability. The provisions of any part of this section are severable.
If any provision or subsection hereof or the application thereof to
any person or circumstances is held invalid, the other provisions,
subsections and applications of such ordinance to other persons or
circumstances shall not be affected thereby. It is declared to be
the intent of this section that the same would have been adopted had
such invalid provisions, if any, not been included herein.
A.
All trees less than four inches in diameter, not on groomed or cultivated
lawns or yards, bearing a cotton-like substance that can be carried
by air currents are hereby declared to be a public nuisance and the
owner of any piece or parcel of land in the City shall remove all
such trees. No person shall sell, plant or otherwise allow to grow
any tree as defined herein.
[Added 8-22-2007 by Ord.
No. 3329; amended 2-22-2023 by Ord. No. 3765]
A.
Declaration of public nuisance. Any tree or shrub or part thereof
which by reason of its condition interferes with the use of any public
area; or is infected with a plant disease or insect infestation which
endangers life, health, safety and/or public property on public and/or
private premises; or for any other reason endangers the life, health,
safety and/or public property is hereby declared a public nuisance.
B.
Examples of public nuisance. Without limiting the generality of Subsection A, public nuisances include:
(1)
Any part of a tree that endangers life, health, safety and/or public
property;
(2)
Any elm tree or part thereof infected with the Dutch Elm disease
fungus or which harbors any carrier of the same, such as elm bark
beetles, Scolytus multistriatus (Eichb) or Hylurgopinus rufipes (Marsh);
(3)
Any oak tree infected with the oak wilt fungus (Ceratocyctis fagacearum)
or which harbors any carrier of the same; and
(4)
Any ash tree which is infected with emerald ash borer.
C.
Inspection. The Director of Public Works or his agents will inspect
all premises and places with reasonable cause within the City to determine
whether any public nuisance exists. The Director of Public Works or
his agents will also inspect or cause inspection of any trees, shrub,
or plants reported or suspected to be infected with an injurious insect
or disease.
D.
Abatement. If the Director of Public Works or his agent determines that the dead or infested tree or plant is a public nuisance, he may issue a notice to the property owner to abate the public nuisance in accordance to § 476-11 of this Code. Such owner may also be subject to a penalty as provided in § 1-4 of this Code.
[Amended 9-11-2019 by Ord. No. 3697; 2-22-2023 by Ord. No. 3765]
A.
Noxious weeds declared a nuisance. No person shall allow or permit noxious weeds as defined and subsequently amended in Wis. Stat. § 66.0407(1)(b), to grow in any lot or tract of land in the City. To permit any noxious weeds to grow or remain in any such place is hereby declared to be a nuisance. Any person in violation of this section may be subject to removal of the noxious weeds by a weed commissioner pursuant to § 476-10E of this Code, abatement under § 476-11 of this Code, and/or a penalty as provided in § 1-4 of this Code.
B.
Prohibited/restricted invasive species declared a nuisance. No person shall allow or permit the growth of prohibited or restricted invasive species, as defined and subsequently amended in Chapter NR 40, Wis. Adm. Code, in any lot or tract of land in the City. To permit prohibited or restricted invasive species to grow or remain in any such place is hereby declared to be a nuisance. Any person in violation of this section may be subject to abatement in accordance with § 476-11 of this Code and/or a penalty as provided in § 1-4 of this Code.
C.
Height. No person shall permit any weeds, grass or plants, other
than trees, bushes, flowers or other ornamental plants, to grow to
a height to exceed six inches anywhere in the City.
D.
Weed commissioner.
(1)
As set forth and subsequently amended in Wis. Stat. § 66.0517(1),
the City Manager will appoint one or more Weed Commissioners on or
before May 15 in each year. Such Weed Commissioners shall take the
official oath and the oath shall be filed in the office of the City
Clerk. A Weed Commissioner shall hold office for one year and until
a successor is appointed and qualified.
(2)
As set forth and subsequently amended in Wis. Stat. § 66.0517(3),
a Weed Commissioner shall investigate the existence of noxious weeds
in the City of Fond du Lac. If a person neglects to destroy noxious
weeds as required under Wis. Stat. § 66.0407(3), the Weed
Commissioner shall destroy, or have destroyed, the noxious weeds in
the most economical manner. A Weed Commissioner may enter upon any
lands that are not exempt under Wis. Stat. § 66.0407(5)
and cut or otherwise destroy noxious weeds without being liable to
any action for trespass or any other action for damages resulting
from the entry and destruction, if reasonable care is exercised. Prior
to causing noxious weeds to be destroyed under this subsection, the
Weed Commissioner will comply with notice requirements set forth and
subsequently amended in Wis. Stat. § 66.0628(1m).
(3)
A Weed Commissioner will also investigate existence of prohibited invasive species, restricted invasive species, and vegetation in violation of § 476-10D of this Code. If such a violation is found, the Weed Commissioner may initiate abatement proceedings in accordance with § 476-11 of this Code and/or a penalty as provided in § 1-4 of this Code.
[Amended 9-24-1997 by Ord. No. 2897]
A.
Enforcement. The Chief of Police, Fire Chief, Director of Public
Works, Chief Inspector, or other agent of the City so designated shall
enforce those provisions of this chapter that come within the jurisdiction
of their offices and they shall make 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.
[Amended 4-24-2014 by Ord. No. 3544]
B.
Summary abatement.
[Amended 2-22-2023 by Ord. No. 3765]
(1)
Order of abatement. If the inspecting officer determines that a public
nuisance exists within the City and that there is immediate danger
to the public health, safety, welfare, peace or order, the inspecting
officer may, without notice or hearing, issue an order reciting the
existence of a public nuisance constituting imminent danger to the
public and requiring immediate action be taken as the inspecting officer
deems necessary to abate the nuisance. Notwithstanding any other provisions
of this chapter, the order shall be effective immediately. Any person
to whom such order is directed shall comply with the order immediately
to abate or remove such nuisance within the specified time period.
(2)
Abatement by City. Whenever the owner or occupant shall refuse or
neglect to remove or abate the condition described in the order, the
inspecting officer shall, in his discretion, enter upon the premises
and cause the nuisance to be removed or abated and the City will recover
the expenses incurred thereby from the owner or occupant of the premises
or from the person who has caused or permitted the nuisance.
C.
Nonsummary abatement.
(1)
Order of abatement. If the inspecting officer determines that a public
nuisance exists on private premises but that such nuisance does not
threaten immediate danger to the public health, safety, welfare, peace
or order, the inspecting officer may issue an order reciting the existence
of a public nuisance and requiring the owner or occupant of the premises
to remove or abate the condition described in the order within the
time period specified therein, which shall be no shorter than 30 days.
The order shall be served personally on the owner of the property,
as well as the occupant if different from the owner and applicable
to the described nuisance. If the owner or occupant cannot be served,
the order may be served by posting it on the main entrance of the
premises and by publishing a Class 3 notice under Chapter 985 of the
Wisconsin Statutes. The time limit specified in the order shall run
from the date of service or publication.
[Amended 9-11-2019 by Ord. No. 3697; 2-22-2023 by Ord. No. 3765]
(2)
Abatement by City. If the owner or occupant fails or refuses to comply with the time period prescribed, such owner may be subject to a penalty as provided in § 1-4 of this Code. Further, the inspecting officer may obtain an administrative warrant/order to enter upon the premises and cause the nuisance to be removed or abated and the City may recover the expenses incurred thereby from the owner or the occupant of the premises or from the person who has caused or permitted the nuisance.
[Amended 9-11-2019 by Ord. No. 3697]
(3)
Remedy from order. Any person affected by such order may, within
30 days of service or publication of the order, apply to the Circuit
Court for an order restraining the City, its agents, and employees
from entering on the premises and abating or removing the nuisance,
or be barred from entrance. The court shall determine if the City
has met its burden of proving the reasonableness of the order for
abatement of the nuisance.
[Amended 4-24-2014 by Ord. No. 3544; 2-22-2023 by Ord. No. 3765]
D.
Abatement in accordance with state law. 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.[1]
[1]
Editor's Note: Original § 10.10(5), Warrant, which
immediately followed this subsection, was repealed 6-13-2001 by Ord.
No. 3054.
E.
Court order. Except when necessary under § 476-11B of this Code, the Chief of Police, Fire Chief, Director of Public Works, Chief Inspector, or other agent of the City so designated to enforce the provisions of this chapter will not use force to obtain access to private property to abate a public nuisance, but will request permission to enter upon private property if such premises are occupied and, if such permission is denied, apply to any court having jurisdiction for an order assisting the abatement of the public nuisance.
[Added 9-11-2019 by Ord.
No. 3697]
[Amended 9-11-2019 by Ord. No. 3697]
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 abatement or removal of a public nuisance
by the City may 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 may be
assessed against the real estate as a special charge.
[Amended 2-22-2023 by Ord. No. 3765]
No person shall in any way resist any officer whose duty is
to carry out the provisions of this chapter while acting in the performance
of his duty, or resist any officer in the quarantining or placarding
of any house. No person shall remove, deface or mutilate any placard
on such premises or refuse to obey any order issued pursuant to and
under authority of the Wisconsin Statutes or this Code.
[Added 9-11-2019 by Ord.
No. 3697[1]]
Appeal of the determination of the Chief of Police, Fire Chief,
Director of Public Works, Chief Inspector, or other agent of the City
so designated to enforce the provisions of this chapter that a public
nuisance exists or appeal of the imposition of special charges against
a premises shall be submitted in writing to the Board of Appeals within
10 days of receipt of notice of the determination or imposition of
special charges. In the event such appeal is timely filed, all parties
shall be afforded an opportunity to present evidence and to rebut
or offer countervailing evidence at a hearing after reasonable notice.
The review procedures provided in Chapter 68, Wis. Stats., shall not
apply to appeals under this ordinance.
[Amended 2-22-2023 by Ord. No. 3765]
Except as otherwise provided, any person who shall violate any provision of this chapter or any regulation, rule or order made hereunder or permit or cause a public nuisance shall be subject to a penalty as provided in § 1-4 of this Code. Each day during which a violation of this chapter is permitted to exist will be deemed a separate violation.
