[Adopted as Ch. 10 of the 1999 Municipal Code]
No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the Village.
As used in this article, the following terms shall have the
meanings indicated:
A thing, act, occupation, condition or use of property which
shall continue for such length of time 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.
Greatly 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.
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 § 256-2 of this article:
A.
Adulterated food. All decayed, 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.
Privy vaults and garbage cans. Privy vaults and garbage cans which
are not flytight.
F.
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.
G.
Noxious weeds and other rank growth. 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 eight inches
in height, excluding garden plants, flowers, trees and shrubs, which:
H.
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.
I.
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.
J.
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.
K.
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 Village.
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 § 256-2 of this article.
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 by this Code.
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 state laws or this Code.
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 § 256-2 of this article.
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 this Code relating to materials and
manner of construction of buildings and structures within the Village.
C.
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.
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 and less than 10
feet above any public sidewalk or less than 15 feet above a street
or other public place.
F.
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.
G.
Fireworks. All use, possession or display of fireworks except as provided by the laws of the state and Chapter 183, Fireworks, of the Code of the Village of Hollandale.
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 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.
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 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.
L.
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. 323, Streets and Sidewalks, of the Code of the Village of Hollandale.
M.
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.
Open pits, basements, etc. All open and unguarded pits, wells, excavations
and basements.
O.
Flammable liquids violations. Repeated or continuous violations of
this Code or the laws of the state relating to the storage of flammable
liquids.
A.
Public nuisances declared. The following are hereby declared to be
public nuisances wherever they may be found within the Village:
B.
DISASSEMBLED, INOPERABLE, JUNKED OR WRECKED MOTOR VEHICLES,
TRUCK BODIES, TRACTORS, TRAILERS
IN THE OPEN
JUNK
MOTOR VEHICLE
UNLICENSED MOTOR VEHICLES, TRUCK BODIES, TRACTORS OR TRAILERS
Definitions. The words, phrases and terms used in this section shall
be interpreted as follows:
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.
Land which may be viewed from public streets or adjoining
property.
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.
As defined in § 340.01(35), Wis. Stats.
Motor vehicles, truck bodies, tractors or trailers which
do not bear lawful current license plates.
C.
Storage of inoperable vehicles, etc., restricted. No person shall
accumulate, store or allow any prohibited 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.
D.
Storage of unlicensed vehicles, etc.
(1)
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.
E.
F.
Issuance of citation; action to abate. Whenever the Director of Public Works shall find any such vehicle or junk, as defined in Subsection B above, accumulated, stored or remaining in the open upon any property within the Village contrary to the provisions of Subsections C, D and E above, he shall notify the owner of said property on which such vehicle or junk is located of the violation of this section. If such vehicle or junk is not removed within 10 days, the Director shall cause a citation to be issued to the property owner or the occupant of the property upon which such vehicle or junk is located. In addition, action to abate such nuisance may be commenced, as provided in § 256-7 of this article.
A.
Enforcement. It shall be the duty of the Director of Public Works
and the Fire Chief to enforce those provisions of this article 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.
B.
Summary abatement.
(1)
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, the Village President may direct the Director of Public Works
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.
(2)
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.
C.
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 Circuit Court for the abatement of the nuisance.
D.
Other methods not excluded. Nothing in this article shall be construed as prohibiting the abatement of public nuisances by the Village or its officials in accordance with the laws of the state or as prohibiting an action to be commenced in the Circuit Court seeking a forfeiture as provided in § 256-9 of this article.
E.
Cost of abatement. In addition to any other penalty imposed by this
article 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.
A.
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 § 256-3G of this article.
B.
Notification. The Village President shall cause to have published annually, on or before May 15, a Class II 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 § 256-3G of this article, on land in the Village which he owns, occupies or controls.
C.
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 cause to have served upon him notice as to this fact. If such owner fails to abate this nuisance within 14 days after service of the notice, or file an appeal as provided in Subsection E below, the Weed Commissioner shall take action to abate such public nuisance.[1]
D.
Costs. If the Village causes a nuisance to be removed as provided in Subsection C 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 § 66.0517, Wis. Stats.
E.
Appeal. Any person aggrieved by the written determination of the
Weed Commissioner to abate a nuisance thereto may file a written appeal
within 14 days of receiving such written determination with the Village
Board. The appeal shall state the reasons for reviewing the determination
of the Weed Commissioner. After giving a Class I notice, the Village
Board shall hold a hearing and decide the matter within a reasonable
time. The Village Board may reverse, affirm or modify the determination
of the Weed Commissioner and issue an order accordingly.
In addition to the penalties provided in this article, any person who shall violate any provision of this article, or permit or cause a public nuisance, shall be subject to a penalty as provided in § 1-3 of the Code of the Village of Hollandale.
