Village of Dresser, WI Public Nuisances

A public nuisance is a thing, act, occupation, condition or use of property which shall continue for such length of time or occur with such frequency as to:

Substantially annoy, injure or endanger the comfort, health, repose or safety of the public.

In any way render the public insecure in life or in the use of property.

Offend the public morals or decency.

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.

10.03 Public nuisances affecting health.

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 definitions of sec. 10.02 of this chapter:

Adulterated food. All decayed, adulterated or unwholesome food or drink sold or offered for sale to the public.

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.

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.

Stagnant water. All stagnant water in which mosquitoes, flies or other insects can multiply.

Privy vaults and garbage cans. Privy vaults and garbage cans which are not flytight.

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.

Noxious weeds. All noxious weeds, as defined in § 66.0407(1), Wis. Stats. In addition, other rank growth of vegetation, and all weeds, grasses and plants over 12 inches in height, excluding trees and shrubs, which:

Detract from the surrounding area and properties.

Become a possible fire hazard, as determined by the Fire Chief.

Become a health hazard due to their pollen or a potential cover for disease-carrying rodents and other small animals.

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.

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.

(9)

Noxious odors, etc. Any use of property, substances or things within the Village 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 Village.

(10)

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.

(11)

Pesticide application. The application, or causing of the application, of any pesticide, as defined in § 946.67(25), Wis. Stats., in such a manner as to endanger the health of persons within the Village.

10.04 Public nuisances offending morals and decency.

[Amended 3-3-2014 by Ord. No. 242-2014]

The following acts, omissions, behaviors, conduct, places, conditions and things occurring upon premises located within the corporate limits of the Village of Dresser 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 from coming within the definition of sec. 10.02 of this chapter.

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.

Gambling devices. All gambling devices and slot machines.

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.

Continuous violations and repeated violations of Village ordinances. Any place or premises within the Village where Village ordinances or state laws relating to public health, safety, peace and good order, morals or welfare, and this Ch. 10 are openly, continuously or and repeatedly violated.

A "continuous violation" is defined as a public nuisance that continues unabated for a period of time in excess of the time allotted a property owner to abate or remove it under sec. 10.07(2). Each day or part of a day that a continuous violation exists shall constitute a separate violation and shall be subject to a separate forfeiture as a second or subsequent offense.

A "repeated violation" is defined as any public nuisance that occurs, regardless of any prior abatement, removal or compliance; regardless of whether it arises by violation of this ch. 10, or state statute; and regardless of whether it is informally enforced and resolved by the local official designated under sec. 10.07, by the Village Attorney in municipal court, or by the District Attorney in circuit court, three times within any running ninety-day period.

Illegal drinking. Any place or premises resorted to for the purpose of drinking intoxicating liquor or fermented malt beverages in violation of State laws or this Code.

An act of harassment as defined in Wis. Stats. § 947.013.

Disorderly conduct as defined in Wis. Stats. § 947.01.

Battery, substantial battery, or aggravated battery as defined in Wis. Stats. § 940.19.

(9)

Lewd and lascivious behavior as defined in Wis. Stats. § 944.20.

(10)

Prostitution as defined in Wis. Stats. § 944.30.

(11)

Theft as defined in Wis. Stats. § 943.20.

(12)

Receiving stolen property as defined in Wis. Stats. § 943.34.

(13)

Arson as defined in Wis. Stats. § 943.02.

(14)

Possession, manufacture, or delivery of a controlled substance or related offenses as defined in Wis. Stats. Ch. 961.

(15)

Gambling as defined in Wis. Stats. § 945.02.

10.05 Public nuisances affecting peace and safety.

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 sec. 10.02 of this chapter:

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.

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 Village.

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 its color, location, brilliance or manner of operation, interferes with the effectiveness of any device, sign or signal.

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.

Tree limbs. All limbs of trees which project over and less than 10 feet above any public sidewalk or less than 15 feet above a street or other public place.

Dangerous trees. All trees which are injurious to public health or safety because of a diseased or damaged condition, and the storage of cut elm wood, unless such wood is debarked or sprayed with an effective elm bark beetle destroying insecticide.

Fireworks. All use, possession or display of fireworks except as provided by the laws of the State and ch. 9 of this Code.

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.

(9)

Wires and cables over streets. All wires and cables over streets, alleys or public grounds which are strung less than 15 feet above the surface thereof.

(10)

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.

(11)

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.

(12)

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 ch. 8 of this Code.

(13)

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.

(14)

Open pits, basements, etc. All open and unguarded pits, wells, excavations and basements.

(15)

Flammable liquids violations. Repeated or continuous violations of this Code or the laws of the State relating to the storage of flammable liquids.

10.06 Junk, certain vehicles, recreational equipment and firewood.

Public nuisances declared. The following are hereby declared to be public nuisances wherever they may be found within the Village.

Any motor vehicle, truck body, tractor or trailer as enumerated in subs. (3) and (4) below and defined in sub. (2)(a), (b) and (c) below.

Any junk stored contrary to sub. (5) below.

Any recreational equipment stored contrary to sub. (6) below.

Any firewood used or stored contrary to sub. (7) below.

Definitions. The words, phrases and terms used in this section shall be interpreted as follows:

DISASSEMBLED, INOPERABLE, JUNKED OR WRECKED MOTOR VEHICLES, TRUCK BODIES, TRACTORS, TRAILERS — Motor vehicles, truck bodies, tractors or trailers in such state of physical or mechanical ruin as to be incapable of propulsion or being operated upon the public streets or highways.

UNLICENSED MOTOR VEHICLES, TRUCK BODIES, TRACTORS OR TRAILERS — Motor vehicles, truck bodies, tractors or trailers which do not bear lawful current license plates.

MOTOR VEHICLE — As defined in § 340.01(35), Wis. Stats.

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 Village property values, health, safety or general welfare.

(e)

IN THE OPEN — Land which may be viewed from public streets or adjoining property.

Storage of inoperable vehicles, etc.

Restricted. No person shall accumulate, store or allow any disassembled, inoperable, junked or wrecked motor vehicles, truck bodies, tractors or trailers in the open upon any public or private property in the Village for a period exceeding 10 days.

Exceptions.

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.

Junkyards licensed under ch. 12 of this Code.

Storage of unlicensed vehicles, etc.

Restricted. No person shall accumulate, store or allow any unlicensed motor vehicle, truck body, tractor or trailer in the open upon any public or private property in the Village for a period exceeding 10 days.

Exceptions.

Any business engaged in the sale, repair or storage of such unlicensed vehicles in a properly zoned district.

Garden tractors and mowers may be stored in the rear yard not less than 10 feet from any property line.

Storage of junk prohibited. No person, except a junk dealer licensed under ch. 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 Village.

Storage of firewood.

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.

Exception. Any firewood pile located contrary to the provisions of par. (a) above on the effective date of this subsection need not be moved to a place of compliance until June 1, 1991.

Issuance of citation; action to abate. Whenever the Chief of Police shall find any such vehicle, junk or recreational equipment, as defined in sub. (2) above, accumulated, stored or remaining in the open upon any property within the Village contrary to the provisions of subs. (3), (4) and (5) above, or firewood stored contrary to sub. (6) above, he shall notify the owner of said property on which such vehicle, junk, recreation equipment or firewood is located of the violation of this section. If such vehicle, junk, recreational equipment or firewood is not removed within 10 days, the Chief of Police shall cause a citation to be issued to the property owner or the occupant of the property upon which such vehicle, junk, recreational equipment or firewood is located. In addition, action to abate such nuisance may be commenced, as provided in sec. 10.07 of this chapter.

Penalty. Any person who shall be adjudicated to have violated any of the provisions of this section shall be subject to forfeiture as follows:

[Amended 3-3-2014 by Ord. No. 242-2014]

For a first offense: not less than $250 and not more than $500, plus all usual surcharges, assessments and court costs as provided by law.

For a second and all subsequent offenses: not less than $1,000 and not more than $2,000, plus all usual surcharges, assessments and court costs as provided by law.

For all continuing offenses and repeated offenses, each day or part of a day that a continuous violation or a repeated violation exists shall constitute a separate violation and shall be subject to a separate forfeiture as a second or subsequent offense.

For all continuing offenses and repeated offenses, the person or persons adjudicated to have violated any of the provisions of this section shall be further subject to and liable to reimburse to the Village all of the Village's administrative, operational, engineering, consulting, legal and law enforcement time, fees, and expenses incurred in the pursuit of the abatement of the public nuisance as provided for in sec. 10.07(5).

10.07 Abatement of public nuisances.

Enforcement. It shall be the duty of the Chief of Police, the Fire Chief and the Zoning Administrator to enforce those provisions of this chapter that come within the jurisdiction of their respective offices 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 by Ord. No. 175]

Summary abatement.

Notice to owner. 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, or that the nuisance is continuous or repeated as defined in sec. 10.04(4) the Village President 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 Village 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.

[Amended 3-3-2014 by Ord. No. 242-2014]

Abatement by Village. 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.

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 Village President, who may direct the Village Attorney to commence an action in municipal court for the abatement of the nuisance.

[Amended 3-3-2014 by Ord. No. 242-2014]

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, nor as prohibiting an action to be commenced in municipal court seeking a forfeiture as provided in sec. 10.15 of this chapter.

[Amended 3-3-2014 by Ord. No. 242-2014]

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 Village 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.

10.08 Diseased and infected tree control.

Public nuisances declared. The following are hereby declared to be public nuisances where they may be found within the Village.

Any living or standing tree or part thereof infected with the Dutch Elm Disease or other tree diseases.

Any dead diseased or infected tree or part thereof, including logs, branches, stumps, firewood or other material from which the bark has not been removed and burned or sprayed with an effective fungicide or insecticide.

Nuisances prohibited. No person shall permit any public nuisance, as defined in sub. (1) above, to remain on any premises owned or controlled by him within the Village.

Inspection. The Village maintenance personnel may enter upon private premises at all reasonable times for the purpose of carrying out any of the provisions of this section.

Abatement of disease nuisances.

Whenever the Public Works Committee shall find, with reasonable certainty on examination or inspection, that any public nuisance, as defined in this section, exists within the Village, it shall cause it to be sprayed, removed, burned or otherwise abated in such manner as to destroy or prevent as fully as possible the spread of the disease fungus or the insect pests or vectors known to carry such disease.

Before abating any such nuisance on private premises or in any terrace strip between the lot line and the curb, the Public Works Committee shall proceed as follows:

If the Public Works Committee shall determine that danger to other trees from said nuisance is not imminent, it shall make a written report of his findings to the Village Board, who shall proceed as provided in § 27.09(4), Wis. Stats.

If the Public Works Committee shall determine that danger to other trees within the Village is imminent, it shall notify the owner or abutting owner of the property on which such nuisance is found in writing, if he can be found, otherwise by publication in a newspaper of general circulation in the Village that the nuisance must be abated as directed in the notice within a specified time, which shall not be less than 10 days from the date of such notice unless the Public Works Committee shall find that immediate action is necessary to prevent spread of infection. If the owner fails to comply with the notice within the time limit, the Committee shall cause the abatement thereof.

No damage shall be awarded to the owner for destruction of any tree, wood or material or any part thereof pursuant to this section.

Assessment of costs of abatement.

The entire cost of abating any public nuisance, as defined in sub. (2) above may be charged to and assessed against the parcel or lot abutting on the street, alley, boulevard or parkway upon or in which such tree is located or the parcel or lot upon which such tree stands in accordance with § 66.0627, Wis. Stats.

The Public Works Committee shall keep strict account of the costs of work done under this section and shall report monthly to the Clerk-Treasurer all work done for which assessments are to be made, stating and certifying the description of the land, lots, parts of lots or parcels of land and the amounts chargeable to each. The Clerk-Treasurer shall include in his report to the Village Board the aggregate amounts chargeable to each lot or parcel so reported, and such amounts shall be levied and assessed against such parcels or lots in the same manner as other special taxes.

10.09 Weed control.

Noxious weeds and rank growth prohibited. No owner or occupant of any lot or parcel shall allow such property to become overgrown with any weeds or grass so as to constitute a public nuisance, as defined in sec. 10.03(7) of this chapter.

Notification. The Village President shall annually, on or before May 15, publish a Class 2 notice, under Ch. 985, Wis. Stats., that every person is required by law to destroy all noxious weeds and other rank growth of vegetation, as defined in sec. 10.03(7) of this chapter, on land in the Village which he owns, occupies or controls.

Enforcement. If a property owner fails to control the growth of such weeds or rank growth of vegetation on his property, the Weed Commissioner shall serve upon him notice as to this fact. If such owner fails to abate this nuisance within five days after service of the notice, the Weed Commissioner shall take action to abate such public nuisance.

Costs. If the Village causes a nuisance to be removed as provided in sub. (3) above, the actual cost thereof, together with an administrative fee equal to 10% of the actual cost, shall be charged to the property owner. If such charges are not paid by November 15 of the year in which they are billed, such charges, together with an additional administrative fee for collection equal to 10% of the total of such charges and fees, shall be extended on the next succeeding tax roll as a tax charged against the property affected and collected in the same manner as are other taxes, pursuant to § 66., Wis. Stats.

10.15 Penalty.

[Amended 3-3-2014 by Ord. No. 242-2014]

Any person who shall be adjudicated to have violated any of the provisions of this chapter shall be subject to forfeiture as follows:

For a first offense: not less than $250 and not more than $500, plus all usual surcharges, assessments and court costs as provided by law.

For a second and all subsequent offenses: not less than $1,000 and not more than $2,000, plus all usual surcharges, assessments and court costs as provided by law.