Village of Allouez, WI Nuisances

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 or private way, or the use of public or private property.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Statutory nuisance. Any thing, act, occupation, condition, or use of property that has been defined by the Wisconsin Statutes as a public nuisance is a public nuisance under this article.

Continuing ordinance violation. Any violation or continuing violation of the Village of Allouez Municipal Code that is not corrected after notice from the Village to a responsible party is a public nuisance.

§ 307-3 Public nuisances affecting health.

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:

All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale or free to the public.

Carcasses of animals, bird, fish, 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.

Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting wood, bedding, packing material, abandoned vehicles or machinery, scrap metal, or any materials whatsoever in which flies, mosquitoes, disease-carrying insects, rats, or other vermin may breed or which may constitute a health or fire hazard.

Standing water on any property within the Village (except water impounded on farmland for agricultural purposes or water contained for stormwater management), including aboveground portable pools containing more than 30 gallons of water which are considered an attractive nuisance. Such pools shall have a lockable or secured safety cover capable of supporting a child's weight or are required to meet fence requirements.[1] There will be no "grandfathering" secondary to life safety issues.

[1]

Editor's Note: See Ch. 229, Fences.

Garbage cans without secured lids.

All noxious weeds and other rank growth of vegetation.

All animals running at large.

The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash, industrial dust, or other atmospheric pollutants within the Village limits in such quantities as to endanger the health of persons or to adversely and substantially affect a person of ordinary sensibilities or sensitivity or to threaten or cause substantial injury to property in the Village.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

The pollution of any public well or cistern, stream, lake, canal, stormwater system or detention pond or other body of water by sewage, creamery, or industrial wastes or other substances.

Any use within the Village of property, substances, or things 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 or cause discomfort, injury, or inconvenience to the health of any persons within the Village.

Any use of property that causes any nauseous or unwholesome liquid or substance to flow into or upon any street, gutter, alley, sidewalk, detention pond, or storm sewer of a private or public place within the Village.

The construction and operation of a tank or tanks for the storage of substances in the Village whereby nauseous, offensive, or unwholesome odors are allowed to be emitted.[3]

[3]

Editor's Note: Original § 7.03(13), Outdoor solid fuel furnaces, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See Ch. 234, Art. II, Outdoor Heating Devices.

Any violation regarding pet droppings as designated in Chapter 151, Animals, of the Allouez Municipal Code. All animal excrement shall be picked up/cleaned up immediately.

All stagnant water in which mosquitoes, flies or other insects can breed and multiply or bacteria can grow or containing other debris or contaminants. Note: All swimming pools shall be maintained in such a way as to not create a nuisance or hazard or otherwise result in a substantial adverse effect on neighboring properties or be in any way detrimental to public health, safety or welfare.

§ 307-4 Public nuisances affecting peace and safety.

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:

All signs, 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.

All buildings and structures erected, repaired, or altered in violation of the provisions of any of the ordinances of the Village relating to materials and manner of construction of buildings and structures.

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 official traffic control devices or railroad signs or signal or which, because of their color, location, brilliance, or manner of operation, interfere with the effectiveness of any such device, sign, or signal.

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. (Sight triangles must be in compliance with Chapter 229, Fences, of this Code.)

All limbs of trees which project over a public sidewalk less than 10 feet above the surface thereof or less than 14 feet above the surface of a public street.

[Amended 9-15-2015 by Ord. No. 2015-17]

All use or display of fireworks, except as provided by the laws of the State of Wisconsin and ordinances of the Village.

All buildings or structures so old, dilapidated, or out of repair as to be dangerous, unsafe, unsanitary, or otherwise unfit for human use.

All wires over streets, alleys or public grounds which are less than 15 feet above the surface of the street or ground.

All loud or discordant noises or vibrations of any kind.

All obstructions of streets, alleys, sidewalks, or crosswalks and all excavations in or under the same, except as permitted by Village ordinances, or which, although made in accordance with such ordinances, are kept or maintained for an unreasonable or illegal length of time.

All open and unguarded pits, wells, excavations, or unused basements freely accessible from any public street, alley, or sidewalk or from public or private property. Guards or temporary fences shall meet the minimum fence standards of Chapter 229 of this Code or the following standards ("temporary" defined as 180 days by state statute):

(1)

Thirty-six inches minimum height.

(2)

Two rows of brightly colored caution tape on steel fence posts or other sturdy supports completely surrounding the site, 36 inches minimum height.

(3)

Orange snow fencing and steel fence posts or other sturdy supports completely surrounding the site, 36 inches minimum height.

(4)

Approved traffic-style wooden, metal or equivalent barricades completely surrounding the site (36 inches minimum height) or wooden or metal placed to completely cover the opening for the entire length of the opening secured and capable of supporting 200 pounds.

All outside refrigerators or iceboxes from which the doors and other covers have not been removed.

Any unauthorized or unlawful use of property abutting on a public street, alley, or sidewalk, or of a public street, alley, or sidewalk, which causes crowds of people to gather, thereby obstructing traffic and free use of the streets or sidewalks.

All exhibitions within the Village of a motion picture, show, or other presentation which motion picture, show, or other presentation in whole or in part depicts nudity, sexual conduct, or sadomasochistic abuse, as defined by the Wisconsin Statutes, in such a manner that the material is visible from any public street, sidewalk, thoroughfare, or other public or private place where it may be observed by minors or nonconsenting adults or creates violations of the Village of Allouez Municipal Code. For the purposes of this subsection, a motion picture rating "X" by the film industry shall be prima facie evidence that the film in whole or in part depicts nudity, sexual conduct, or sadomasochistic abuse and is, therefore, in violation of this article.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

All use or maintenance of building exteriors or surrounding premises which limits the use or enjoyment of neighboring property or which causes or tends to cause diminution of the value of the property of others in the neighborhood in which such premises is located by reason of exterior storage of wood, junk, trash, or other debris, including, without limitation because of enumeration, storage of objects or equipment such as motor vehicles, furniture, appliances, farm or manufacturing equipment, building materials, or litter as defined in the Village of Allouez Municipal Code. Premises must be maintained consistent with Chapter 253 of the Village of Allouez Municipal Code.

The placement or diverting of snow, ice, or water onto the property of another.

Any condition or practice constituting a fire hazard.

Any motor vehicle, trailer, semitrailer or mobile home which is abandoned, as defined in Chapter 417 of this Code.

Any nuisance so defined by the Wisconsin Statutes.

Any building or structure that is used to facilitate the delivery, distribution or manufacture, as defined in § 961.01(6), (9) and (13), Wis. Stats., respectively, of a controlled substance, as defined in § 961.01(4), Wis. Stats., or a controlled substance analog, as defined in § 961.01(4m), Wis. Stats., and any building or structure where those acts take place, is a public nuisance.

§ 307-5 Summary abatement.

If an officer determines that a public nuisance exists and that there is an imminent danger to public health, safety, peace, morals, or decency, notice to abate the nuisance may be issued and served by the officer pursuant to § 307-8 of this article. The notice shall order abatement of the nuisance within a period not less than 24 hours, unless exigent conditions exist which require abatement in a shorter period of time, so long as the time period of the abatement is otherwise reasonable under the circumstances, or greater than seven calendar days, and shall state that unless the nuisance is so abated, the Village will cause the same to be abated and will charge the cost thereof to the owner, tenant, occupant, or person causing, maintaining, or permitting 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.

§ 307-6 Nonsummary abatement.

If an officer determines that a public nuisance exists but that the nature of such nuisance is not such as to threaten imminent danger to the public health, safety, peace, morals, or decency, notice to abate the nuisance may be issued and served by the officer pursuant to § 307-8 of this article. The notice shall order abatement of the nuisance within seven to 14 business days or less and shall state that unless the nuisance is so abated, the Village will cause the same to be abated and will charge the cost thereof to the owner, occupant, or person causing, maintaining, or permitting 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.

§ 307-7 Abatement plan.

If an officer determines that a public nuisance exists but that the nature of such nuisance is not such as to threaten imminent danger to the public health, safety, peace, morals, or decency, the officer may order the owner, occupant, or person causing, maintaining, or permitting the nuisance to appear for a hearing to discuss abatement of the nuisance. Notice of the hearing shall be issued and served by the officer pursuant to Village of Allouez Municipal Code. The parties may formulate an abatement plan which indicates the measures to be taken by the owner, occupant, or person causing, maintaining, or permitting the nuisance to abate the nuisance.

§ 307-8 Notice to abate.

The officer may attempt personal service on the owner, agent of the owner, occupant or other person causing, maintaining or permitting the nuisance at such person's last known address. If this attempt is unsuccessful or impractical, the officer shall post a copy of the notice in a conspicuous place in or about the building where the nuisance exists and send notice by first-class mail to the last known address of the owner or agent of the owner.

§ 307-9 Failure to comply.

Failure to comply with order to abate. No person shall fail to comply with a lawful order to abate a public nuisance issued pursuant to this article. Each day of noncompliance with a lawful order to abate issued pursuant to this article is a separate violation.

Failure to appear for hearing. No person shall fail to comply with an order to appear for an abatement hearing pursuant to § 307-7 of this article.

Failure to observe abatement plan. No person shall fail to comply with the terms of an abatement plan.

§ 307-10 Abatement by court action.

If an officer determines that a public nuisance exists, the officer may refer the nuisance to the Village Attorney for review. If the Village Attorney determines that alternative enforcement methods have failed to abate the nuisance or would be ineffective in doing so, the Village Attorney may cause an action to abate such nuisance to be commenced in the name of the Village in the Brown County Circuit Court in accordance with the provisions of the Wisconsin Statutes.

§ 307-11 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 state law.

§ 307-12 Enforcement.

[Amended 2-7-2017 by Ord. No. 2017-02; 12-17-2019 by Ord. No. 2019-14]

For the purposes of this article, "officer" shall mean law enforcement officers and the Fire Chief, the Village Building Inspector, the Code Enforcement Officer and their designees. These officers shall enforce the provisions of this article 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 § 307-5 or 307-6 of this article 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.

§ 307-13 Violations and penalties.

First offense. Any person who shall violate any provision of this article or any regulation, rule, or order made hereunder shall forfeit not less than $1 nor more than $10,000.

Subsequent offenses. Any person who shall violate any provision of this article or any regulation, rule, or order made hereunder within 24 months after committing a previous violation of this article shall forfeit not less than double the original citation nor more than $10,000.

Article II Chronic Nuisance Premises

[Adopted as §§ 7.14 to 7.18 of the Village Code]

§ 307-14 Findings.

[Amended 2-7-2017 by Ord. No. 2017-02; 12-17-2019 by Ord. No. 2019-14]

The Village Board finds that any premises that has three or more contacts with law enforcement or Code Enforcement for nuisance activities has received more than the level of general and adequate law enforcement or Code enforcement service and has placed an undue and inappropriate burden on the taxpayers of the Village. The Village Board therefore directs the Directed Enforcement Officer and Code Enforcement Officer, as provided in this article, to charge the owners or such premises the costs associated with abating the violations at premises at which nuisance activities chronically occur.

§ 307-15 Definitions.

The following terms shall be defined as follows in this article:

DEO

The Directed Enforcement Officer or his or her designee.

ENFORCEMENT ACTION

Arrest, the issuance of a citation, or the issuance of a verbal or written warning.

NUISANCE ACTIVITY

Any of the follow activities, behaviors, or conduct whenever engaged in by premises owners, operators, or occupants or persons associated with a premises occurring on premises:

An act of harassment, as defined in § 947.013, Wis. Stats.

Disorderly conduct, as defined in § 947.01, Wis. Stats.

Battery, substantial battery, or aggravated battery, as defined in § 940.19, Wis. Stats.

Lewd and lascivious behavior, as defined in § 944.20, Wis. Stats.

Prostitution, as defined in § 944.30, Wis. Stats.

Indecent exposure as defined in § 944.20(1)(b), Wis. Stats.

Keeping a place of prostitution as defined in § 944.34, Wis. Stats.

Theft, as defined in § 943.20, Wis. Stats.

Receiving stolen property, as defined in § 943.34, Wis. Stats.

Arson, as defined in § 943.02, Wis. Stats.

Possession, manufacture, or delivery of a controlled substance or related offenses, as defined in Ch. 961, Wis. Stats.

Gambling, as defined in § 945.02, Wis. Stats.

Animal violations, as defined by Village of Allouez Municipal Code and Wisconsin Statutes.[1]

Trespassing to land as defined in § 943.13, Wis. Stats., or criminal trespass to dwelling as defined in § 943.14, Wis. Stats.

Weapons violations, as defined by Village of Allouez Municipal Code and Wisconsin Statutes.

Noise violations, as defined by Village of Allouez Municipal Code.[2]

Misuse of emergency telephone numbers as defined in § 256.35, Wis. Stats.

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 in Subsections A through Q above.

Any violations of the following chapters: 302, 307, 318, 345, 350, 432, and 475.

[Added 12-17-2019 by Ord. No. 2019-14]

OFFICER

The Brown County Sheriff, Zoning Administrator, Building Inspector, Code Enforcement Officer or Fire Chief or his or her designee.

[Amended 2-7-2017 by Ord. No. 2017-02; 12-17-2019 by Ord. No. 2019-14]

OWNER

The owner of the premises and his or her agents.

PERSON 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 dwelling unit or multifamily dwelling or an individual business premises and associated common areas.

[Amended 2-7-2017 by Ord. No. 2017-02]

[1]

Editor's Note: See Ch. 151, Animals.

[2]

Editor's Note: See Ch. 302, Noise.

§ 307-16 Notice.

[Amended 7-19-2016 by Ord. No. 2016-15; 2-7-2017 by Ord. No. 2017-02; 12-17-2019 by Ord. No. 2019-14]

Whenever the Code Enforcement Officer (CEO) or Directed Enforcement Officer (DEO) involved (law enforcement, inspection) determines that three or more nuisance activities resulting in code enforcement action have occurred at a premises on separate days during a twelve-month period, the CEO or DEO officer shall notify the premises owner in writing. In reaching this determination, the CEO or DEO may or may not count nuisance activities that were reported by the owner of the premises. 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, and a statement indicating that the cost of future enforcement may be assessed as a special charge against the premises. The notice shall be delivered pursuant to § 307-8 of Article I of this chapter. At the discretion of the investigating official, a citation may be issued to the homeowner or tenant for the violation of this article to immediately answer the violation in Allouez Municipal Court. Lack of knowledge regarding activities on the premises is not a defense for violation of this article.

The Code Enforcement Officer has authority to contact and identify persons of a residence during an ordinance violation investigation and may issue a citation to the resident as well as the property owner for ordinance violations to include violations that occur on nuisance property.

§ 307-17 Abatement plan for issues that are not an immediate danger to public health or safety.

[Amended 2-7-2017 by Ord. No. 2017-02]

Any owner receiving notice pursuant to § 307-16 shall meet with the officer, or his/her designee, within five days of receipt of such notice. The parties shall review the problems occurring at the property. Within 10 days of this meeting, the owner shall submit to the responsible officer, or his/her designee, an abatement plan to end the nuisance activity on the property. The plan shall specify a name, address, and telephone number of a person living within 20 miles of the property in the event of further law enforcement action or inspection.

§ 307-18 Additional nuisance activity.

[Amended 2-7-2017 by Ord. No. 2017-02]

Whenever the officer determines that additional nuisance activity has occurred at a premises for which notice has been issued pursuant to § 307-16 of this article, that this nuisance activity has occurred not less than 15 days after notice has been issued, and that reasonable efforts have not been made to abate the nuisance activity, the officer may calculate the cost of law enforcement response and enforcement for this and any subsequent nuisance activities and cause such charges and administrative costs to be assessed and collected as a special charge.

§ 307-19 Violations and penalties.

First offense. Any person who shall violate any provision of this article or any regulation, rule, or order made hereunder shall forfeit not less than $1 nor more than $10,000.