[Adopted as §§ 12.01 to 12.04 and 12.06 of
the former City Code]
No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the City of Watertown.
A public nuisance is a thing, act or 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. 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.
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 §
390-1 of this article:
A. All decayed, harmfully adulterated or unwholesome food or drink sold
or offered for sale to the public.
B. Carcasses of animals, birds or fowl not intended for human consumption
or food, which are not buried or otherwise disposed of in a sanitary
manner within 24 hours after death in the months of April to November
or 48 hours after death during the months of December to March.
C. 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. All stagnant water in which mosquitoes, flies or other insects can
multiply.
E. Any substance, activity or condition sufficient to create a human
health hazard as that term is defined in § 254.01(2), Wis.
Stats.
F. Any chemical and/or biological material that is stored, used or disposed
of in such quantity or manner that is, or has the potential to create,
a human health hazard.
G. The addition of any chemical and/or biological substance that would
cause groundwater to be unpalatable or unfit for human consumption.
The substances include but are not limited to the chemical and/or
biological substances listed in Ch. NR 809, Wis. Adm. Code, titled
"Safe Drinking Water."
H. Any private well that is constructed, abandoned or used in noncompliance
with Ch. NR 812, Wis. Adm. Code, or any pump installed in noncompliance
with Ch. NR 812, Wis. Adm. Code.
I. The pollution of any public well, stream, lake, canal or other body
of water by sewage, noxious acids, or industrial wastes or other substances.
J. Any use of property, substances or things within the City emitting
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.
K. Any hole or opening caused by an improperly abandoned cistern, septic
tank, dug well or any improperly abandoned, barricaded or covered
up excavation not securely covered or secured from public use.
L. 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.
[Amended by Ord. No. 06-07]
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 §
390-1 of this article:
A. 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. All gambling devices and slot machines.
C. 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 the ordinances of the
City.
D. 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. 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 provisions of §
390-1 of this article:
A. 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. All buildings erected, repaired or altered within the fire limits
of the City in violation of the provisions of the ordinances of the
City relating to materials and manner of construction of buildings
and structures within said district.
C. 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 color, location, brilliance or
manner of operation interfere with the effectiveness of any such device,
sign or signal.
D. 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. All limbs of trees which project over public sidewalks and are less
than eight feet above the surface of a public sidewalk, or which project
over public roadways and are less than 12 feet above the public roadway.
[Amended by Ord. No. 06-29]
F. All use or display of fireworks except as provided by the laws of
the State of Wisconsin and ordinances of the City.
G. All buildings or structures so old, dilapidated or out-of-repair
as to be dangerous, unsafe, unsanitary or otherwise unfit for human
use.
H. All abandoned and wrecked or dilapidated motor vehicles, buses, railroad
cars and house trailers.
I. All wires over streets, alleys or public grounds which are strung
less than 15 feet above the surface thereof.
J. All loud, discordant and unnecessary noises or vibrations of any
kind.
K. 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.
L. All obstructions of streets, alleys, sidewalks or crosswalks and
all excavations in or under the same, except as permitted by ordinances
of the City or which, although made in accordance with such ordinances,
are kept or maintained for an unreasonable or illegal length of time
after the purpose thereof has been accomplished.
M. All open and unguarded pits, wells, excavations or unused basements
freely accessible from any public street, alley or sidewalk.
N. All fences, walls or barricades erected and maintained on residential
property which are designed to cause bodily injury, including but
not limited to barbed wire fences, electrified fences, razor fences,
and broken glass walls.
[Added by Ord. No. 97-40]
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 City
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, the cost shall be assessed against
the real estate as a special charge.
Any person who shall violate any provision of this article shall be subject to a penalty as provided in §
1-4 of this Code. Each violation and each day on which a violation of any provision of this article occurs or continues shall constitute a separate offense. This section shall not preclude use of any other remedy available to the City to prevent or remove an offending condition.
[Adopted as § 12.08 of the former City Code]
This article is intended to allow the City of Watertown an opportunity to work with neighbors and landlords to reduce problems, prevent crime and improve the quality of life in our community's neighborhoods. The Common Council finds that any premises whose owner(s), resident(s), tenant(s), invitee(s) or guest(s) have generated three or more calls for service from the City's Police Department, Building Inspection Division or Street Department for nuisance activities, as defined below, within a twelve-month period of time, and subject to the restrictions of §
390-12 herein, has received more than the level of general and adequate municipal services and has placed an undue and inappropriate burden on the taxpayers of the City. The Common Council, therefore, authorizes the Chief of Police, the head of the Building Inspection Division, the head of the Street Department and the Weed Commissioner, as provided in this article, to charge the owners of such premises the costs associated with abating the violations at premises at which nuisance activities chronically occur.
As used in this article, the following terms shall have the
meanings indicated:
ENFORCEMENT ACTION
A law enforcement officer or authorized City official has
investigated a possible nuisance activity and has elected to issue
a citation, make an arrest or issue a written warning for a nuisance
activity.
NUISANCE ACTIVITY
Any of the following activities, behaviors or conduct, whenever
engaged in by premises owners, operators, occupants or persons associated
with a premises:
A.
An act of harassment, as defined in § 947.013, Wis. Stats., and §
410-9 of the City Code.
B.
Disorderly conduct, as defined in § 947.01, Wis. Stats., and §
410-7 of the City Code.
C.
Battery, substantial battery, or aggravated battery, as defined
in § 940.19, Wis. Stats.
D.
Lewd and lascivious behavior, as defined in § 944.20,
Wis. Stats.
E.
Keeping a place of prostitution, as defined in § 944.34,
Wis. Stats., or leasing a building for the purposes of prostitution.
F.
Receiving stolen property, as defined in § 943.34,
Wis. Stats.
G.
Possession, manufacture or delivery of a controlled substance
or related offenses, as defined in Ch. 961, Wis. Stats.
H.
Gambling, as defined in § 945.01, Wis. Stats.
I.
Animal violations, as defined in Chapter
228, Article
III, of the City's Code and other violations of Chapter
410, Article
VIII, regarding animals.
[Amended by Ord. No. 12-28]
J.
Trespassing, as defined in §§ 943.13 and 943.14, Wis. Stats., and §
410-23B of the City's Code.
K.
Discharge of a firearm or any other related firearm or dangerous
weapons offense, state or municipal, including carrying a concealed
weapon in violation of Wis. Stats., § 941.23, air gun, pellet
gun or paintball gun.
[Amended 11-2-2020 by Ord. No. 20-29]
L.
Underage consumption, possession or procurement of alcohol, as defined in Ch.
125, Wis. Stats.
M.
Any conspiracy to commit, as defined in § 939.31,
Wis. Stats., or attempt to commit, as defined in § 939.32,
Wis. Stats., any of the activities, behaviors or conduct enumerated
herein.
N.
Harboring a runaway as prohibited by this Code (see §
410-10).
O.
The production or creation of excessive noise, as prohibited by §
410-40 or
410-41 of the City of Watertown Code.
P.
Violations of environmental requirements, as prohibited by §
332-3 of the City of Watertown Code.
Q.
Violations of exterior storage standards, as prohibited by §
550-109 of the City of Watertown Code.
R.
Two or more violations of dogs running at large, contrary to §
410-44A, within any twelve-month period of time.
[Added by Ord. No. 10-44]
PERSONS ASSOCIATED WITH
Any person who, whenever engaged in a nuisance activity,
enters, patronizes, visits or attempts to enter, patronize or visit
or waits to enter, patronize or visit a premises or person present
on a premises, including any officer, director, customer, agent, employee
or independent contractor of a premises owner.
PREMISES
An individual or multifamily dwelling unit and associated
common areas; this includes, but is not limited to, apartments, hotel
rooms, rooming houses, tax parcels and buildings.
Whenever the Chief of Police or other department head whose
department is responsible for the enforcement action taken determines
that three or more nuisance activities resulting in enforcement action
have occurred at a premises on separate occasions during a twelve-month
period commencing with the date of the first violation, the Chief
of Police or other department head whose department is responsible
for the enforcement action taken may notify the premises owner or
management agent in writing that the premises is in danger of becoming
a chronic nuisance. In reaching this determination, the Chief of Police
or other department head whose department is responsible for the enforcement
action taken shall not count nuisance activities that were reported
by the owner or manager of the premises or incidents in which the
tenant or occupant is the victim of a crime. The notice shall contain
the street address or legal description sufficient to identify the
premises, a description of the nuisance activities that have occurred
at the premises, including the dates that the nuisance activities
are alleged to have occurred, and a statement indicating that the
cost of future enforcement may be assessed as a special charge against
the premises.
The notice shall be properly delivered by any one of the following
methods:
A. By personally delivering the notice in person to the premises owner.
B. If the premises owner cannot be located, by delivering a copy of
the notice at the premises owner's usual place of abode, or principal
place of doing business, to a competent member of the family at least
14 years of age or a competent adult currently residing or working
at that location.
C. By registered mail or by certified mail return receipt requested.
D. By publication as a Class 1 notice together with mailing the notice
to the owner's last known residential or business address; the mailing
may be omitted if the post office address cannot be ascertained with
reasonable diligence.
Any owner or agent receiving notice pursuant to the provision
above shall contact the Police Department to set up a meeting with
the Chief of Police or other department head whose department is responsible
for the enforcement action taken and meet with that department head,
or his/her designee, within 10 business days of receipt or publication
of such notice. The parties shall review the problems occurring at
the property. Within 10 calendar days of this meeting, the owner or
agent shall submit to the Chief, or other department head whose department
is responsible for the enforcement action taken, or his/her designee,
an agreed-upon written abatement plan to end the nuisance activity
on the property. The plan shall also specify a name, address and telephone
number of a person living within 60 miles of the property who can
be contacted in the event of the need for further contact by the Chief
of Police or other department head whose department is responsible
for the enforcement action taken.
If additional nuisance activity occurs on a premises subject
to an abatement plan during the timely implementation of the agreed-upon
abatement plan, the premises owner shall not be subject to penalties
described in this article if the premises owner takes any of the following
actions:
A. Undertakes the remedies provided by Chapter 704 of the Wisconsin
Statutes, as may be amended from time to time, to remove the source
or cause of the public nuisance in a timely manner.
B. Takes one or more legal steps as identified in the abatement plan
to remove the source or cause of the public nuisance allowable under
the Wisconsin Statutes when notified by the Chief of Police or other
department head whose department is responsible for the enforcement
action taken that an additional nuisance activity has occurred at
the premises.
C. Otherwise remains in full compliance with the abatement plan.
The premises owner shall become subject to imposition of costs as set forth in §
390-17 below in the event that:
A. A premises owner fails to comply with any of the requirements of §
390-14 herein;
B. A premises owner enters into an agreed-upon abatement plan but fails
to make reasonable efforts to implement the terms or conditions of
the abatement plan; or
C. A premises owner implements an abatement plan and an additional nuisance
activity or activities have occurred not less than 15 days nor more
than 180 days after activation of the abatement plan, and reasonable
efforts are not made to abate the nuisance activity.
The Chief of Police or other department head whose department
is responsible for the enforcement action taken may calculate the
cost of police response and enforcement for this and any subsequent
nuisance activities as a special charge pursuant to § 66.0627,
Wis. Stats.
The Chief of Police or other department head whose department is responsible for the enforcement action shall provide a notice of costs to the premises owner, indicating that the costs set forth in the notice are a special charge and listing the costs which form the basis for the special charge and a warning that any unpaid costs will be allocated to the premises owner's property tax roll as a special charge pursuant to § 66.0627. Delivery of the notice shall be made as set forth in §
390-13 herein. The notice shall also contain the following information:
A. The street address or legal description sufficient for identification
of the premises.
B. A description of the nuisance activities, the relevant sections of
the municipal code or state statute, dates of prior notices, copies
of such notices, the amount the Chief or other department head whose
department is responsible for the enforcement action taken has determined
as the cost of enforcement to be assessed, and any further relevant
comments.
C. That all costs set forth in the notice are due and payable to the
City of Watertown within 30 days of mailing of the notice required
in this section, except, if a hearing is requested in a timely manner,
the assessment is due within 10 days after an adverse decision is
rendered at such hearing.
D. The right of the premises owner to a hearing before the Chief of
Police or other department head whose department is responsible for
the enforcement action, if a request therefor is made before the date
payment is due, and a warning that any unpaid response fee will be
allocated to the premises owner's tax roll as a special charge pursuant
to § 66.0703(1), Wis. Stats.
In addition to any other penalty provided in this Code, every
person convicted of a violation of any of the provisions of this article
shall, for each offense, be punished by the forfeitures as set forth
below. Each day of violation shall be considered a separate and distinct
offense.
A. First offense. Any person who shall violate any provision of this article or any regulation, rule or order made hereunder, including the obligation to timely attend an abatement meeting or to timely submit an abatement plan pursuant to §
390-14 above, shall forfeit not less than $200 nor more than $500, plus costs.
B. Subsequent offenses. Any person who shall violate any provision of
this article or any regulation, rule or order made hereunder within
six months after committing a previous violation of this article shall
forfeit not less than $500 nor more than $1,000, plus costs.
This article shall in no way limit the authority of the City
of Watertown or any citizen to otherwise abate a public or private
nuisance according to law.
Wherever in this article reference is made to the "Chief of
Police or other department head whose department is responsible for
the enforcement action taken," the Chief of Police or department head
may designate any officer within the department to perform such services.
The determinations reached by the Chief of Police or other department head whose department is responsible for the enforcement action taken shall be reviewable pursuant to the provisions of Chapter
10 of the Watertown Code.