Questions about eCode360? Municipal users Join us daily between 12pm and 1pm EDT to get answers and other tips!
Village of Hobart, WI
Brown County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
A violation (other than the failure to pay sewer service charges or other fees or costs due under this chapter) of any provision of this chapter or any other rule or order of the Village is hereby declared to be a public nuisance.
No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure or equipment which is a part of the Village's sewerage system. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct and be required to pay for repairs, fines and all costs incurred, including legal costs.
The Village shall have the right to enforce the provisions of this chapter and shall make periodic inspections and inspections upon complaint to insure that such provisions are not violated. No action shall be taken under this chapter to abate a public nuisance unless the Village Board or its authorized representative, shall have inspected or caused to be inspected the premises where the nuisance is alleged to exist and shall have satisfied itself that a nuisance does in fact exist.
If the Village Board determines that a public nuisance exists within the Village and that there is a great and immediate danger to the public health, safety, or welfare, the Village Board may cause the same to be abated and charge the cost thereof to the owner, occupant, or person causing, permitting, or maintaining the nuisance, as the case may be.
If the Village Board determines that a public nuisance exists on private premises but that the nature of such nuisance is not such as to present great and immediate danger to the public health, safety, or welfare, the Village shall serve notice to the person causing or maintaining the nuisance to remove the same within 10 days. If such nuisance is not removed within such 10 days, the Village shall cause the nuisances to be removed as provided in § 237-62.
Nothing in this chapter shall be construed as prohibiting the abatement of public nuisances by the Village or its officials in accordance with the laws of the State of Wisconsin.
Except when necessary under § 237-62, the Village shall not use force to obtain access to private property to abate a public nuisance but shall request permission to enter upon private property if said premises are occupied, and, if such permission is denied, shall apply to any court having jurisdiction for an order assisting the abatement of public nuisance.
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 such cost shall be assessed against the real estate as a special charge. For purposes hereof, costs shall include but not be limited to actual attorneys' fees and court costs.
Any person who shall continue any violation beyond the aforesaid notice time limit provided, shall be subject to the penalties provided in § 1-3. Each day in which any violation is continued beyond the aforesaid notice time limit shall be deemed a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
Any person found to be responsible for accidentally allowing a deleterious discharge into the sewerage system which causes damage to the sewerage system and/or a receiving body of water (e.g,. lake, river, stream, etc.) shall, in addition to a fine, pay the amount to cover all damages, both of which amounts will be determined by the Village or other governmental authority having appropriate jurisdiction.
Any person responsible for an accidental discharge that may have a detrimental impact on the sewerage system shall immediately report the nature and amount of the discharge to the GBMSD.
Any person violating any provision of this chapter shall become liable to the Village for any expense, attorney's fees, costs, engineering fees, loss, or damage occasioned by reason of such violation which the Village may suffer as a result thereof. Without intent to limit the generality of the foregoing, the Village shall have the right of recovery from all such persons any expense incurred by the Village for the repair or replacement of any part of the public sewerage system damaged in any manner by any person by the performance of any work under its control or by any negligent acts.