Any owner receiving notice pursuant to §
406-3 shall meet with the Chief within five days of receipt of such notice. The parties shall review the nuisance activities occurring at the premises for the purpose of determining the appropriate abatement plan for the premises. If the parties cannot agree, the Chief shall prepare an abatement plan that best provides for the protection of the public health, safety and welfare. Within 10 days of this meeting, unless the Chief agrees in writing to a longer period, the owner shall comply with the abatement plan agreed upon with or prepared by the Chief to end the nuisance activity on the premises. The plan shall also specify a name, address, telephone number and, if applicable, a fax number and e-mail address of a person living within 60 miles of the premises who can be contacted in the event of further police, fire, or inspection contact.
Any person failing to comply with the abatement plan under § 406-04 shall be subject to a penalty as provided under §
1-4 of the Village Code.
Whenever the Chief determines that 1) additional nuisance activity has occurred within 12 months of the last nuisance activity at a premises for which notice has been issued pursuant to §
406-3, 2) that this additional nuisance activity has occurred not less than 15 days after notice had been served, and 3) that reasonable efforts have not been made to abate the nuisance activity, then the Chief may calculate the cost of police, Building Inspector or Health Department response for this additional and any subsequent nuisance activities occurring within 12 months of the last nuisance activity and shall prepare a statement of such costs to be assessed to the owner of the premises and collected as a special charge against the property pursuant to § 66.0627, Wis. Stats. The Chief shall send the assessment of the cost of police response to the premises' owner and notify the owner in writing that the assessment must be paid within 30 days or it will be levied and collected as a special charge pursuant to § 66.0627, Wis. Stats. This assessment of police, Building Inspector or Health Department costs and the notice shall be prepared and delivered pursuant to §
406-3, and the Chief shall send a copy to the Village Administrator.
The Chief's decision under §§
406-3,
406-4 or
406-6 may be appealed to the Board of Appeals in accordance with the provisions of Sec. 7.100 of the Village Code, except that any appeal of the Chief's decision under §§
406-3 or
406-4 must be filed within 15 days of receipt of the written decision or order being appealed. The Board of Appeals, after a hearing, may affirm, reverse or remand with recommendations any order, requirement, decision or determination of the Chief made under this article. The Board of Appeals shall decide all appeals under this article within 30 days after final hearing and shall transmit a signed copy of the Board's decision to the appellant and to the Chief.