[HISTORY: Adopted by the Common Council of the City of Lancaster 11-17-2014 by Ord. No. 2014-05. Amendments noted where applicable.]
No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the City of Lancaster.
A public nuisance is a thing, act, occupation, condition or
use of property which shall continue for such length of time as to:
A.
Substantially
annoy, injure or endanger the comfort, health, repose or safety of
the public.
B.
In any
way render the public insecure in life or in the use of property.
C.
Greatly
offend the public morals or decency.
D.
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.
E.
Cause or
contribute to the depreciation of real estate values due to a state
of disrepair or an unattractive appearance, including but not limited
to exterior portions of buildings or structures (including, but not
limited to, roofs, balconies, decks, fences, stairs, stairways, walls,
signs and fixtures), as well as walkways, pedestrianways, driveways,
parking areas, and any detached or freestanding structure, that have
become defective, unsightly or no longer viable, or are maintained
in a condition of dilapidation, deterioration or disrepair to such
an extent as to result in, or tend to result in, a diminution in property
values.
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 § 316-2:
A.
Adulterated
food. All decayed, harmfully 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.
Noxious
weeds. All noxious weeds and other rank growth of vegetation. All
weeds and grass shall be kept cut to a height not to exceed one foot.
The City may cause all weeds and grass to be cut and removed and brush
to be removed and the cost thereof charged to the property under § 66.0407,
Wis. Stats.
F.
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.
G.
Noxious
odors, etc. Any use of property, substances or things within the City
or within four miles thereof or causing any foul, offensive, noisome,
nauseous, noxious or disagreeable odors, gases, effluvia or stenches
extremely 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.
H.
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.
I.
Horse manure.
The deposit of horse manure on any street or other public way.
J.
Air pollution.
The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly
ash of 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.
K.
Furniture.
No person owning, leasing, occupying or having charge of any premises
shall place or allow to remain outdoors and exposed to the elements
any chair, sofa, bed, table or other related or similar furniture
which is not designed or intended for outdoor use and which may be
susceptible to deterioration or which may provide a harborage for
flies, mosquitoes, disease-carrying insects, rats or other vermin.
This subsection shall not apply to furniture which is in an enclosed
porch.
[Added 7-19-2021 by Ord. No. 2021-05]
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 § 316-2:
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, except as permitted
by state law.
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 the ordinances
of the City.
D.
Continuous
violation of City ordinances. Any place or premises within the City
where City 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 the
laws of the State of Wisconsin or ordinances of the City.
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 § 316-2:
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 the ordinances of the City relating to materials
and manner of construction of buildings and structures within the
City.
C.
Unauthorized
traffic signs. All unauthorized signs, signals, markings 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 such 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 a public street or sidewalk
less than eight feet above the surface thereof.
F.
Dangerous
trees. All trees which are a menace to public safety or are the cause
of substantial annoyance to the general public.
G.
Fireworks.
All use or display of fireworks except as provided by the laws of
the State of Wisconsin and ordinances of the City.
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.
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 City.
K.
Open excavations.
All open and unguarded pits, wells, excavations or unused basements
accessible from any public street, alley or sidewalk.
L.
Abandoned
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.
M.
Flammable
liquids. Repeated or continuous violations of the ordinances of the
City or laws of the state relating to the storage of flammable liquids.
N.
Unremoved
snow. All snow and ice not removed or sprinkled with ashes, sawdust,
sand or other chemical removers, as provided in this Code.
O.
Explosives.
Any blasting, discharging or exploding of explosive materials for
commercial purposes or otherwise, unless a permit is first obtained
therefor from the City as provided in this Code.
P.
Barbed
wire fences. All fences constructed wholly or in part of barbed wire
which are located within three feet of any public street, alley or
sidewalk.
Q.
Obstructions
of streets; excavations. All obstructions of streets, alleys, sidewalks
or crosswalks and all excavations in or under the same, except as
permitted by the ordinances of the City but including those which,
although made in accordance with such ordinance, are kept or maintained
for an unreasonable or illegal length of time after the purpose thereof
has been accomplished or which do not conform to the permit.
R.
Unlawful
assemblies. Any unauthorized or unlawful use of property abutting
on a public street, alley or sidewalk or of a public street, alley
of sidewalk which causes large crowds of people to gather, obstructing
traffic and free use of the streets or sidewalks.
S.
Fighting
events prohibited. No person shall sponsor, sanction, condone or permit
to be held or carried out on any real estate under his or her ownership
or control any form of boxing, wrestling, or other type of fighting
event, whether or not held in exchange for prizes or other forms of
remuneration or awards and whether or not admission is charged to
the public for attendance at the same unless request is made at least
90 days prior to the event and approved by a majority vote of the
Common Council. This subsection shall not apply to curricular or extracurricular
athletic events held or sponsored by secondary schools or universities.
T.
Junk. All
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.
[Added 7-19-2021 by Ord. No. 2021-05]
U.
Dumpsters. All dumpsters placed on any part of a public right-of-way (street, alley, highway, sidewalk, or any other public way) within the City without first obtaining a permit for such placement from the City pursuant to § 371-6G.
[Added 7-19-2021 by Ord. No. 2021-05]
V.
Storage
of firewood. No person shall store firewood on any residential property
except for use on the property. No firewood pile shall be kept outside
of a home or garage unless it is neatly stacked and placed in the
rear or side yard, adjacent to the residence.
[Added 8-16-2021 by Ord. No. 2021-08]
A.
Summary
abatement. If the inspecting officer determines 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 proper officer to 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.
B.
Service of notice. Whenever the City officer per Subsection A of this section determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, he shall give notice of such violation to the person or persons responsible thereof. Such notice shall:
(1)
Be
in writing;
(2)
Include
a description of the real estate sufficient for identification;
(3)
Include
a statement of the reason or reasons why it is being issued and a
statement of remedial actions, which, if taken, would effect compliance
with the provisions of this chapter;
(4)
State
a reasonable date for the performance of any remedial actions;
(5)
Be
served upon the owner, occupant or the agent, as the case may require,
provided that such notice shall be deemed to be properly served upon
such owner, occupant or agent, if a copy is delivered personally or
by leaving a copy at the place abode with a person at least 18 years
of age residing there or by mailing by certified mail a copy to the
last address and the date of mailing shall be deemed the date of service.
C.
Repairs
or remedial action.
(1)
Whenever the owner, occupant or agent fails, neglects or refuses to take remedial actions or take other corrective action called for by the notice provided in this chapter, and after the latter of 10 days from service, or the date stated in the notice, the City officer per Subsection A may, after providing notice of intention and fulfilling time limits per this subsection, undertake such repairs or take the remedial action if the cost of such repairs or remedial action will not exceed 50% of the assessed value of the building or structure involved.
D.
Right to
hearing.
(1)
The owner, occupant or agent served such notice of intent per Subsection D(2) shall have the right to petition the City Plan Commission for a hearing. Such petition shall be delivered in writing to the City Office.
(2)
Within
10 days of receipt of such petition, the Mayor or his/her delegate
shall set a time and place for such hearing and shall give the petitioner
written notice thereof. At such hearing the petitioner shall be given
an opportunity to be heard and to show cause why such notice should
be modified or withdrawn. The hearing before the Plan Commission shall
be commenced not later than 30 days after the date on which the petition
was filed, provided that, upon written application of the petitioner
to the Plan Commission, the Commission may postpone the date of the
hearing for a reasonable time beyond such thirty-day period, if in
its judgment the petitioner has submitted a good and sufficient reason
for such postponement.
E.
Plan Commission
decision. After such hearing the Plan Commission shall sustain, modify
or withdraw the notice, depending upon its finding as to whether the
provisions of this chapter have been complied with. The Plan Commission
may also modify any notice so as to authorize a variance from the
provisions of this chapter when, because of special conditions, a
literal enforcement of the provisions of this chapter will result
in practical difficulty or unnecessary hardship, provided that the
spirit of this chapter will be observed, safety and welfare secured,
and substantial justice done. If the Commission sustains or modifies
such notice, it shall be deemed an order, and the owner, operator,
or agent, as the case may require, shall comply with all provisions
of such order within a reasonable period of time, as determined by
said Plan Commission.
F.
Petitioner's right to appeal. The petitioner has the right to appeal the decision of the Plan Commission to the Zoning Board of Appeals. Time limits, procedures, authority to sustain, modify or withdraw the notice by the Zoning Board of Appeals is identical to that of the Plan Commission per the provisions of Subsection E of this section. The decision of the Zoning Board of Appeals is final and action on the notice as sustained or modified will be carried out by the City if not accomplished by the owner, operator or agent as the case requires in a time specified by the Zoning Board of Appeals.
G.
Court order.
Except where necessary under the above, no officer hereunder shall
use force to obtain access to private property to abate a public nuisance,
but shall request permission to enter upon private property if such
premises are occupied and, if such permission is denied, shall apply
to any court having jurisdiction for an order assisting the abatement
of the public nuisance.
H.
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 of Wisconsin.
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, such cost shall be assessed
against the real estate as a special charge.
A.
Enforcement.
The Chief of Police, Fire Chief, Director of Public Works, Building
Inspector, Zoning Administrator and any other officials of the City
with the authority to issue citations shall enforce those provisions
of this chapter that come within the jurisdiction of their offices,
and they shall make periodic inspections and inspections upon complaint
to ensure that such provisions are not violated. No action shall be
taken under this section to abate a public nuisance unless the officer
has inspected or caused to be inspected the premises where the nuisance
is alleged to exist and is satisfied that a nuisance does, in fact,
exist. When a hazard to public safety is determined to exist a forfeiture
of $500 per day plus administrative cost of 10% per day and cost of
removal shall be assessed.
[Added 7-17-2017 by Ord.
No. 2017-11]
No person shall reside at, maintain, lease, own, rent or otherwise
occupy any residence, business, dwelling or other building where any
of the following nuisances are allowed to occur:
A.
Such property has generated three or more calls for law enforcement
service for nuisance activities on separate days in one month, or
six or more calls in a twelve-month period. Nuisance activities are
defined as any of the following activities, behaviors or conduct whenever
engaged in by property owners, operators, tenants, occupants or persons
associated with a property, whether or not a citation or arrest was
made for the violation:
(1)
An act of harassment, as defined in § 947.013, Wis. Stats.
(2)
Disorderly conduct, as defined in § 947.01, Wis. Stats.
(3)
Battery, substantial battery or aggravated battery, as defined in
§ 940.19, Wis. Stats.
(4)
Indecent conduct, as defined in § 944.20(1), Wis. Stats.
(5)
Prostitution or keeping a place of prostitution, as defined in §§ 944.30
and 944.34, Wis. Stats.
(6)
Possession, manufacture or delivery of a controlled substance or
related offenses, as defined in Ch. 961, Wis. Stats.
(7)
Gambling or other offenses, as defined in § 945.02, Wis.
Stats.
(8)
Illegal discharge of a firearm, as defined in § 941.20,
Wis. Stats.
(9)
Any other offense against public peace and order or public nuisances
as defined in this Code of Ordinances.
B.
Notwithstanding Ch. 125, Wis. Stats., allowing a property or place
to be used for the purpose of facilitating the consumption of alcohol
beverages by underage persons.
