No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the City.
As used in this chapter, the following terms shall have the
meanings indicated:
PUBLIC NUISANCE
A thing, act, occupation, condition or use of property which
shall continue 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,
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 §
10.02 of this chapter:
(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 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.
(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) Animals: all animals running at large.
(7) Air pollution: the escape of smoke, soot, cinders, noxious acids,
fumes, gases, fly ash or 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.
(8) Noxious weeds: all noxious weeds, as defined in § 66.0407,
Wis. Stats. In addition, other rank growth of vegetation, and all
weeds, grasses and plants over eight inches in height, excluding trees
and shrubs, which:
[Amended 7-24-2018 by Ord. No. 597]
(a)
Detract from the surrounding area and properties.
(b)
Become a possible fire hazard, as determined by the Fire Chief.
(c)
Become a health hazard due to their pollen or a potential cover
for disease-carrying rodents and other small animals.
(d)
Are of infectious or poisonous nature in or adjacent to a populated
area, regardless of height.
(e)
Become a potential hazard to vehicular traffic in vision clearance
triangles.
(9) 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.
(10) Noxious odors, etc.: any use of property, substances or things within
the City emitting or causing any foul, offensive, noisome, nauseous,
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 any appreciable number of persons
within the City.
(11) 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.
(12) Pesticide application: the application, or causing of the application,
of any pesticide, as defined in § 94.67(25), Wis. Stats.,
in such a manner as to endanger the health of persons within the City.
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 §
10.02 of this chapter:
(1) 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.
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 §
10.02 of this chapter:
(1) 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.
(2) Illegal buildings: all buildings erected, repaired or altered in
violation of the provisions of this Code relating to materials and
manner of construction of buildings and structures within the City.
(3) Unauthorized traffic signs: all unauthorized signs, signals, markers
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 their color, location, brilliance or manner of operation, interfere
with the effectiveness of any such device, sign or signal.
(4) 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.
(5) Tree limbs: all limbs of trees which project over and less than eight
feet above any public sidewalk or less than 14 feet above a street
or other public place.
(6) Fireworks: all use, possession or display of fireworks, except as provided by the laws of the state and Chapter
9 of this Code.
(7) Dilapidated buildings. Dilapidated buildings include, but are not
limited to: buildings with broken windows; buildings with damaged
or unsightly siding; houses, garages and outer buildings in need of
paint or that have dilapidated shingles; and all buildings or structures
so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary
or otherwise unfit for human use, or so unsightly that, as a result,
they adversely affect neighborhood or City property values.
[Amended by Ord. No. 436; 4-14-2015 by Ord. No.
581]
(8) Wires and cables over streets: all wires and cables over streets,
alleys or public grounds which are strung less than 18 feet above
the surface thereof.
(9) 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.
(10) Obstructions of streets; excavations: all obstructions of streets,
alleys, sidewalks or crosswalks and all excavations in or under the
same, except as permitted by this Code or which, although made in
accordance with this Code, are kept or maintained for an unreasonable
or illegal length of time after the purpose thereof has been accomplished
or do not conform to the permit.
(11) Snow, ice and debris removal: all debris not removed and all snow and ice not removed or sprinkled with salt, ashes, sawdust or sand, as provided in Chapter
8 of this Code.
(12) 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 or are not securely
locked with a padlock.
(13) Open pits, basements, etc.: all open and unguarded pits, wells, excavations
and basements.
(14) Flammable liquids violations: repeated or continuous violations of
this Code or the laws of the state relating to the storage of flammable
liquids.
[Amended Ord. No. 436; 7-10-2012 by Ord. No. 566; 4-10-2018 by Ord. No. 593]
(1) Definitions. The words, phrases and terms used in this section shall
be interpreted as follows:
BUILDING MATERIALS
Building material is any material which is used for construction
or landscaping purposes to include naturally occurring substances,
such as clay, rocks, sand, and wood as well as materials used for
but not limited to masonry, carpentry, insulation, plumbing, electrical
and roofing work.
IN THE OPEN
Land which may be viewed from public streets or adjoining
property.
JUNK
Worn out or discarded material of little or no value, including,
but not limited to, household appliances or parts thereof, machinery
and equipment or parts thereof, vehicles or parts thereof, tools,
discarded building materials or any other unsightly debris, the accumulation
of which has an adverse effect upon the neighborhood or City property
values, health, safety or general welfare.
RECREATIONAL EQUIPMENT
Boats, canoes, boat and utility trailers, mobile homes, campers,
off-highway vehicles, ATVs and snowmobiles.
STORAGE CONTAINER or CARGO CONTAINER
A container that is originally designed or used in the packing,
shipping, movement or transportation of freight, articles, goods or
commodities and/or a container originally designed for or capable
of being mounted or moved by rail, truck or ship by means of being
mounted on a chassis or similar transport device, including any container
referred to as a "transport container" or "portable site container,"
or any container having a similar appearance to or characteristics
of cargo containers.
[Added 9-14-2021 by Ord. No. 612]
(2) Public nuisances declared. The following are hereby declared to be
public nuisances wherever they may be found within the City:
(a)
Any motor vehicle, truck body, tractor or trailer as enumerated
in Subsections (3) and (4) below and defined in Subsection (1).
(b)
Any junk stored contrary to Subsection (5) below.
(c)
Any recreational equipment stored contrary to Subsection (6)
below.
(d)
Any firewood used or stored contrary to Subsection (7) below.
(e)
Any building material stored contrary to Subsection (8) below.
(3) Storage of inoperable vehicles, recreational equipment, etc.
(a)
Restricted. No person shall accumulate, store or allow any disassembled,
inoperable, junked or wrecked motor vehicles, truck bodies, tractors,
trailers or recreational equipment in the open upon any public or
private property in the City for a period exceeding 10 days.
(b)
Exceptions.
1.
Any business engaged in automotive sales or repair located in
a properly zoned district may retain no more than three disassembled
or wrecked vehicles, including vehicles under repair, in the open
for a period not to exceed 30 days, after which such vehicles shall
be removed.
2.
Junk dealers licensed under Chapter
12 of this Code.
(4) Storage of unlicensed vehicles, recreational equipment, etc.
(a)
Restricted. No person shall accumulate, store or allow any unlicensed
motor vehicle, truck body, tractor, trailer or recreational equipment
in the open upon any public or private property in the City for a
period exceeding 10 days.
(b)
Exceptions.
1.
Any business engaged in the sale, repair or storage of such
unlicensed vehicles in a properly zoned district.
2.
Garden tractors and mowers may be stored in the rear yard not
less than 10 feet from any property line.
(5) Storage of junk prohibited. No person, except a junk dealer licensed under Chapter
12 of this Code, shall accumulate, store or allow any junk outside of any building on any public or private real estate located in the City.
(6) Storage of recreational equipment regulated. No person shall store
any recreational equipment on any street right-of-way or within the
front setback, excluding the driveway, for a period of more than 48
hours.
(7) Storage of firewood.
(a)
Regulated. No person shall store firewood on any residential
premises except for use on the premises. No firewood pile may be located
within the front setback.
(8) Storage of building materials.
(a)
Regulated. No person shall accumulate, store, or allow any building
materials on any public or private real estate located in the city.
(b)
Exception. Building materials may only be stored for a sufficient
time to complete a construction or landscaping project on the premises.
(9) Storage
containers regulated.
[Added 9-14-2021 by Ord. No. 612]
(a) No
person shall permit a storage container to be stored on any public
or private real estate located in the City for a period of longer
than 30 days.
(b) Any
resident utilizing a storage container as of the original effective
date of this subsection, September 14, 2021, may apply to the Plan
Commission within one year of such date for exemption from this Subsection
(9). The Plan Commission shall consider any such timely application
and determine whether an exemption is warranted and for how long such
exemption shall apply, and shall make a recommendation to the City
Council regarding the same for final determination. Exemptions shall
not be transferable to any other person.
[Added 8-9-2022 by Ord. No. 619]
(10) Variance.
(a)
Application. In the event any person shall encounter great practical
difficulty in complying with the provisions of Subsection (6) or (7)
above because of lot size, location of buildings or topography, such
person may file an application for a variance with the Building Inspector
on a form supplied by the Inspector.
(b)
Limitations. Any variance granted by the Building Inspector
shall be limited, as follows:
1.
Recreation vehicles. Recreation vehicles may be parked in the
driveway within the front setback between May 1 and September 15 of
each year, provided that the sidewalk is not blocked.
2.
Firewood. Firewood may be neatly stacked within the front setback
between August 1 and June 1 of the next year.
(c)
Grant or denial of application. The Building Inspector shall
review the application and view the premises. He shall grant or deny
the variance in accordance with the provisions of this subsection.
(d)
Appeal. Any person aggrieved by any determination of the Building
Inspector under this subsection may file a written appeal with the
Council within 30 days.
(11) Issuance of citation; action to abate. Whenever the Building Inspector or the Police Chief shall find any such vehicle, junk or recreational equipment, as defined in Subsection
(2) above, accumulated, stored or remaining in the open upon any property within the City contrary to the provisions of Subsections
(3),
(4),
(5) and
(6) above, firewood stored contrary to Subsection
(7) above or building materials stored contrary to Subsection
(8) above, he shall notify the owner of said property on which such vehicle, junk, recreational equipment, firewood or building material is located of the violation of this section. If such vehicle, junk, recreational equipment, firewood or building material is not removed within 10 days, the Building Inspector or Police Chief shall cause a citation to be issued to the property owner or the occupant of the property upon which such vehicle, junk, recreational equipment, firewood or building material is located. In addition, action to abate such nuisance may be commenced, as provided in §
10.07 of this chapter.
(12) Penalty. Any person who shall be adjudicated to have violated any of the provisions of this section shall be subject to a forfeiture as provided in §
25.04 of this Code, plus the costs of said prosecution, and, upon default of payment of such forfeiture and costs, shall be imprisoned in the county jail until such forfeiture and costs are paid, but not to exceed 10 days. Each day that a violation of this section continues shall be deemed a separate offense.
[Amended by Ord. No. 508]
(1) Enforcement. It shall be the duty of the Chief of Police, Fire Chief,
Building Inspector, Public Works Director, City Forester, and City
Weed Commissioner, and each of their respective deputies and designees,
to enforce those provisions of this chapter that come within the jurisdiction
of their respective offices, including the issuance of citations,
and they shall make periodic inspections and inspections upon complaint
to insure 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 have satisfied himself that a
nuisance does, in fact, exist.
[Amended 4-14-2015 by Ord. No. 581]
(2) Summary abatement.
(a)
Notice to owner. If the inspecting officer shall determine 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 Chief of Police to serve notice 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 and to post a copy of said notice 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 City shall cause the same to be abated
and will charge the cost thereof to the owner, occupant or person
causing, permitting or maintaining the nuisance, as the case may be.
(b)
Abatement by City. If the nuisance is not abated within the
time provided or if the owner, occupant or person causing the nuisance
cannot be found, the officer having the duty of enforcement shall
cause the abatement or removal of such public nuisance.
(3) Abatement by court action. If the inspecting officer shall determine
that a 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 on the person causing or maintaining the nuisance and the owner
of the property to remove the same within 10 days. If such nuisance
is not removed within 10 days, he shall report such fact to the Mayor,
who may direct the City Attorney to commence an action in Circuit
Court for the abatement of the nuisance.
(4) 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, nor as prohibiting an action to be commenced in the Municipal Court seeking a forfeiture as provided in §
10.15 of this chapter.
[Amended 4-14-2015 by Ord. No. 581]
(5) Cost of abatement. 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, and if notice to
abate the nuisance has been given to the owner, such cost shall be
assessed against the real estate as a special charge.
[Added 12-13-2016 by Ord.
No. 590]
(1) Definitions. The following terms shall be defined as follows in this
section.
ENFORCEMENT ACTION
Any arrest, the issuance of a citation, the issuance of a
summons and complaint, the issuance of a written warning, or issuance
of a written notice of violation from any City department.
NUISANCE ACTIVITY
Any activities, behaviors, or conduct occurring on a premises
that violate City or county ordinances or state laws relating to public
health, safety, peace, morals, welfare or dilapidation. Nuisance activity
does not include activities, behaviors, or conduct that results in
a call for assistance made by any person requesting law enforcement
services related to any of the following:
(a)
Domestic abuse as defined in § 813.12(1)(am) of the
Wisconsin Statutes.
(b)
Sexual assault as described in §§ 940.225, 948.02
and 948.025 of the Wisconsin Statutes.
(c)
Stalking as defined in § 940.32 of the Wisconsin Statutes.
(d)
Enforcement of a restraining order as defined in Chapter 813
of the Wisconsin Statutes.
(e)
Any incident or behavior involving an individual at risk as
defined in § 813.123 of the Wisconsin Statutes.
(f)
Any matters involving a child in need of protective services
as defined in § 48.235(4) of the Wisconsin Statutes.
PREMISES
Any business, single or multifamily dwelling to include a
manufactured home community.
(2) Chronic nuisance premises. No property owner, tenant or resident
shall maintain a chronic nuisance premises within the City. A chronic
nuisance premises is a premises which meets any of the following criteria:
(a)
Is a premises which has nuisance activity resulting in enforcement
action on the premises three or more times during a rolling six-month
period;
(b)
Is a premises that has generated complaints to the Police Department,
Fire Department, Department of Public Works, Building Inspector or
Code Enforcement Officer that result in a City enforcement action
three or more times during a rolling six-month period; or
(c)
Is a premises which has had two or more enforcement actions
resulting from the manufacture or delivery of controlled substances
or related offenses, as defined in Chapter 961 of the Wisconsin State
Statutes, during a rolling twelve-month period.
(3) Notice. Whenever the Police Chief of Nekoosa finds that a premises may meet the definition of a chronic nuisance premises if nuisance activity continues, such Police Chief shall notify the premises owner, and occupants other than the owner, in writing. In calculating the nuisance activities, the Police Chief may count separate qualifying nuisance activities occurring on the same day (as long as they are distinct in time) or different days. 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 future enforcement may be assessed as a fee, for that future enforcement, pursuant to §§ 62.11 and 66.00628, Wis. Stats., and collected as a special charge pursuant to § 66.0627, Wis. Stats., and/or penalties assessed per §
10.15.
(4) Additional nuisance activity assessment. Whenever the Police Chief
of Nekoosa determines that additional nuisance activity has occurred
at a premises for which notice has been issued, the Police Chief may
calculate the cost of police or other staff response and enforcement
for this and any subsequent nuisance activities and cause such charges
and administrative costs to be assessed against the premises as a
fee for current service response or enforcement authorized by §§ 62.11
and 66.0628, Wis. Stats., and collected as a special charge pursuant
to § 66.0627, Wis. Stats., which the City may impose as
a lien against the real estate upon which the premises is located,
if it is not paid and becomes delinquent. Notwithstanding the foregoing,
nothing in this section shall authorize charges for calls for assistance
described in § 66.0627(7), Wis. Stats.
[Amended 7-10-2012 by Ord. No. 566]
Except as otherwise specifically provided in this chapter, any person who shall violate any provision of this chapter, or permit or cause a public nuisance, shall be subject to a penalty as provided in §
25.04 of this Code.