[Adopted as §§ 7.01 to 7.12 and 7.18 of the
Village Code]
No person shall erect, contrive, cause, continue, maintain,
or permit to exist any public nuisance within the Village.
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:
A. All decayed, harmfully adulterated or unwholesome food or drink sold
or offered for sale or free to the public.
B. 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.
C. 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.
D. 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. There will be no "grandfathering" secondary to life safety
issues.
E. Garbage cans without secured lids.
F. All noxious weeds and other rank growth of vegetation.
G. All animals running at large.
H. 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.
I. 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.
J. 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.
K. 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.
L. 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.
M. 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.
N. 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.
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:
A. 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.
B. 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.
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 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.
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. (Sight triangles must be in compliance with Chapter
229, Fences, of this Code.)
E. 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]
F. All use or display of fireworks, except as provided by the laws of
the State of Wisconsin and ordinances of the Village.
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 wires over streets, alleys or public grounds which are less than
15 feet above the surface of the street or ground.
I. All loud or discordant noises or vibrations of any kind.
J. 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.
K. 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.
L. All outside refrigerators or iceboxes from which the doors and other
covers have not been removed.
M. 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.
N. 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.
O. 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.
P. The placement or diverting of snow, ice, or water onto the property
of another.
Q. Any condition or practice constituting a fire hazard.
R. Any motor vehicle, trailer, semitrailer or mobile home which is abandoned, as defined in Chapter
417 of this Code.
S. Any nuisance so defined by the Wisconsin Statutes.
T. 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.
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.
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.
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.
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.
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.
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.
[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.
[Adopted as §§ 7.14 to 7.18 of the Village
Code]
[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.
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:
A.
An act of harassment, as defined in § 947.013, Wis.
Stats.
B.
Disorderly conduct, as defined in § 947.01, Wis. Stats.
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.
Prostitution, as defined in § 944.30, Wis. Stats.
F.
Indecent exposure as defined in § 944.20(1)(b), Wis.
Stats.
G.
Keeping a place of prostitution as defined in § 944.34,
Wis. Stats.
H.
Theft, as defined in § 943.20, Wis. Stats.
I.
Receiving stolen property, as defined in § 943.34,
Wis. Stats.
J.
Arson, as defined in § 943.02, Wis. Stats.
K.
Possession, manufacture, or delivery of a controlled substance
or related offenses, as defined in Ch. 961, Wis. Stats.
L.
Gambling, as defined in § 945.02, Wis. Stats.
M.
Animal violations, as defined by Village of Allouez Municipal
Code and Wisconsin Statutes.
N.
Trespassing to land as defined in § 943.13, Wis. Stats.,
or criminal trespass to dwelling as defined in § 943.14,
Wis. Stats.
O.
Weapons violations, as defined by Village of Allouez Municipal
Code and Wisconsin Statutes.
P.
Noise violations, as defined by Village of Allouez Municipal
Code.
Q.
Misuse of emergency telephone numbers as defined in § 256.35,
Wis. Stats.
R.
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.
S.
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]
[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]
A. 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.
B. 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.
[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.
[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.