[Adopted by the City Council of the City of Lake Mills 7-19-2005 by Ord. No. 960 (Title 4, Ch. 1, of the 2009 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Administrative review — See Ch. 16.
Animals — See Ch. 255.
Snow and ice removal — See Ch. 573, Art. VII.
A public nuisance is a thing, act, occupation, condition or use of property which.
A. 
Substantially annoys, injures or endangers the comfort, health, repose or safety of the public;
B. 
In any way renders the public insecure in life or in the use of property;
C. 
Greatly offends the public morals or decency;
D. 
Unlawfully and substantially interferes with, obstructs or tends to obstruct or renders dangerous for passage any street, alley, highway, navigable body of water, or other public way or the use of public property; or
E. 
Openly, continuously and repeatedly violates ordinances of the City relating to public health, safety, peace, morals or welfare.
Under Chapter 251 of the Wisconsin Statutes and Jefferson County Ordinance 98-46 and any amendments thereto, the Jefferson County Health Department and the Jefferson County Health Officer have jurisdiction and authority to enforce public nuisances affecting health in all those cases in which the City Council of the City of Lake Mills has not enacted a counterpart to the County's regulations.
The following acts, omissions, 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 provisions of § 479-1.
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, unless otherwise permitted by law.
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 resorted to for the purpose of drinking intoxicating liquor or fermented malt beverages in violation of the laws of the state or ordinances of the City.
The following acts, omissions, places, conditions and things are hereby declared to be public nuisances affecting the public peace, safety or general welfare, but such enumeration shall not be construed to exclude other nuisances affecting public peace, safety or general welfare coming within the provisions of § 479-1.
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. 
Any unauthorized sign, signal, marking or device placed or maintained upon or in view of any public street which purports to be or may be mistaken as an official traffic control device, 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.
C. 
All wires or cables over streets, alleys, sidewalks or public grounds which are strung less than 15 feet above the surface thereof.
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 and less than 10 feet above any public sidewalk, street or other public place.
F. 
All trees which are a menace to public safety or are the cause of substantial annoyance to the general public.
G. 
The use or display of fireworks except as provided by the laws of the state and the ordinances of the City.
H. 
All buildings or structures so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human use or habitation.
I. 
All obstructions of streets, alleys, sidewalks or crosswalks, and all excavations in or under streets, alleys, sidewalks or crosswalks, except as permitted by the ordinances of the City, or obstructions which, although made in accordance with such ordinances, are kept or maintained for an unreasonable or unlawful length of time after the purpose thereof has been accomplished or which do not conform to the permit granted for such purpose.
J. 
All open and unguarded pits, wells, cesspools, excavations, unused basements, open cisterns, or other dangerous opening, which are freely accessible from any public street, alley or sidewalk. Such places shall be considered freely accessible if they are not filled, securely covered or fenced in a manner to prevent injury to any person, and any such cover shall be of such design, size and weight that the cover cannot be removed by children.
K. 
An unauthorized or unlawful use of property abutting on a public street, alley or sidewalk, or use of a public street, alley or sidewalk which causes large crowds of people to gather, obstructing traffic and free use of the streets or sidewalks.
L. 
Repeated or continuous violations of the ordinances of the City or laws of the state relating to the storage of flammable liquids.
M. 
All snow and ice not removed or sprinkled with a material that accelerates melting or prevents slipping as provided under Chapter 573, Article VII, of the Municipal Code.
N. 
All unregistered, junked, disassembled, inoperable or wrecked motor vehicles, or parts thereof, which have been allowed to remain outside of any building upon public or private property for a period in excess of seven days, unless in connection with an automotive sales or repair business located in a properly zoned area and for which all applicable permits or licenses have been granted.
O. 
Any construction debris or materials, unsightly debris, trash, rubbish, wood, brick, washing machines, refrigerators, other appliances, furniture not designed for outdoor use, or junk such as may tend to depreciate property values or be detrimental to the appearance, neatness and cleanliness of the neighborhood, or which may provide harborage for vermin, provided that nothing in this subsection shall prohibit the reasonable storage of construction materials during the construction of any building or structure, provided that construction has not ceased for any unreasonable period of time, or the reasonable storage of firewood, provided said storage is in compliance with all applicable zoning regulations.
P. 
Any abandoned, unattended or discarded icebox, refrigerator, stove, dishwasher or other container that has been left or permitted to remain outside any dwelling or other structure or within any unoccupied or abandoned building, dwelling or other structure, or in a place otherwise accessible to children, and which has an airtight door or lid, snap lock or other locking device that may be not released from the inside, unless the door, lid, snap lock or other locking device has been removed from the icebox, refrigerator, stove, dishwasher or other container.
Q. 
Any open fires that are started or maintained for the purpose of disposing of leaves, cut brush, grass clippings or other yard waste, or for the purpose of burning garbage, trash or scrap building materials. Fires that are started or maintained in outdoor fireplaces, fire rings or grills which contain fires for recreational or cooking purposes and which are fueled by charcoal, gas or firewood, are not considered to be public nuisances under this section. The burning of vegetative areas as part of a maintenance program for meadows, prairies or woodlands are not per se considered public nuisances, although such fires may be regulated elsewhere in the Municipal Code.
R. 
Any keeping of live chickens within the City on lands that are not zoned agricultural and without a valid backyard chickens license under § 255-6D, or in violation of the requirements or conditions of any such license, are hereby declared to be a public nuisance affecting the public peace, safety or general welfare.
[Amended 3-6-2012 by Ord. No. 1097A]
A. 
Responsibility for enforcement; inspections. It shall be the duty of the Police Chief, Fire Inspector, Facilities and Grounds Director, Director of Public Works, Building Inspector, or their official designees, to enforce those provisions of this chapter that come within the jurisdiction of their respective offices. Each officer shall make or cause to be made 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 has satisfied him or herself that a nuisance does in fact exist. Whenever consent to enter upon private property is not provided to the officer, unless some other lawful authority exists to enter without such consent, the officer is required to gain an inspection warrant before conducting his or her inspection. The officer taking actions to abate a nuisance under this chapter shall seek any necessary guidance from the City Attorney with regard to procedures to follow in obtaining inspection warrants, making inspections, issuing orders or taking other actions necessary to abate a public nuisance.
[Amended 8-3-2021 by Ord. No. 1226]
B. 
Summary abatement.
(1) 
Order of abatement. If the inspecting officer determines that a public nuisance exists within the City and that there is imminent (great and immediate) danger to the public health, safety, peace, morals, decency or welfare, he or she may, without notice or hearing, issue an order to the owner, occupant or other person causing or permitting the nuisance. Such order shall be posted on the premises and, if such person may be found, personally served on the owner, occupant or other person causing the nuisance. The order shall recite the existence of a public nuisance constituting imminent danger to the public and shall require, as he or she deems necessary, immediate action to be taken to abate the nuisance. Notwithstanding any other provision of this chapter, the order shall be effective immediately and shall state that unless such nuisance is so abated, the City will cause the same to be abated and will charge the cost thereof to the owner, occupant or other person causing or permitting the nuisance. Any person to whom such order is directed shall comply with the order immediately.
(2) 
Abatement by City. Whenever the owner or occupant shall refuse or neglect to remove or abate the condition described in the order, the inspecting officer shall, in his or her discretion, enter upon the premises and cause the nuisance to be removed or abated, and the City shall recover the expenses incurred thereby from the owner or occupant of the premises or from the person who has caused or permitted the nuisance.
C. 
Non-summary abatement by City.
(1) 
Order to abate nuisance. If the inspecting officer shall determine that a public nuisance exists on private premises, but the nature of such nuisance is not such as to threaten imminent danger to the public health, safety, peace, morals, decency or welfare, he or she shall issue an order reciting the existence of a public nuisance and requiring the owner or occupant of the premises to remove or abate the condition described in the order within the time period specified therein. The order shall make specific reference to the remedy afforded the property owner in Subsection C(3), and the order shall be served personally on the owner of the building, as well as the occupant if different from the owner and if applicable to the described nuisance, or at the option of the inspecting officer, the notice may be mailed to the last known address with a return receipt. If the owner or occupant cannot be served, the order may be served by posting it on the main entrance of the premises and by publishing as a Class 3 notice under Chapter 985 of the Wisconsin Statutes. The time limit specified in the order runs from the date of completion of service or publication.
(2) 
Abatement by City. If the owner or occupant fails or refuses to comply within the time period prescribed, the inspecting officer shall enter upon the premises and cause the nuisance to be removed or abated and the City shall recover the expenses incurred thereby from the owner or occupant of the premises or from the person who caused or permitted the nuisance.
(3) 
Remedy from order. Any person affected by such order shall, within 30 days of service or publication of the order, apply to the circuit court for an order restraining the City and the inspecting officer from entering on the premises and abating or removing the nuisance or be forever barred. The court shall determine the reasonableness of the order for abatement of the nuisance.
D. 
Authority to assess costs. The cost of the abatement or removal of a nuisance under this chapter shall be collected 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, such costs may be assessed against the real estate as a special charge.
E. 
Abatement in accordance with state law. 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.
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 abatement of a public nuisance by the City, and the cost of storage or disposal of any personal property removed during abatement procedures, 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, such cost may be assessed against the real estate as a special charge.
A. 
An alternative enforcement method as described in this section may be used if the public nuisance is as described in § 479-3 or 479-4, and if it is determined, after inspection by the Building Inspector under § 479-6A, that the nature of such nuisance is not such as to threaten imminent danger to the public health, safety, peace, peace, morals, decency or welfare, but that the offense requires that correction orders be issued as follows:
(1) 
Correction order. The Building Inspector, or his or her designee, may issue a correction order reciting the existence of a public nuisance under § 479-3 or 479-4 and requiring the owner or occupant of the premises to correct, remove or abate the condition described in the order within the time period specified therein.
(2) 
The correction order shall be served personally on the owner of the property, as well as the occupant, if different from the property owner, or at the option of the inspecting officer, the notice may be mailed to the last known address with a return receipt. If the owner or occupant cannot be served, the order may be served by posting it on the main entrance of the premises and by publishing as a Class 3 notice under Chapter 985 of the Wisconsin Statutes. The time limit specified in the order runs from the date of completion of service or publication.
(3) 
If the recipient of the correction order fails or refuses to comply within the time period prescribed, the inspecting officer may issue reinspection fees in accordance with this section.
B. 
The purpose of reinspection fees is as follows:
(1) 
To assist the City in paying the costs of enforcing its associated zoning, housing, building, public nuisance, and other codes;
(2) 
To promote the appropriate regulation and control of buildings and real estate in the City;
(3) 
To protect and provide for the public health, safety, and general welfare of the City;
(4) 
To help protect the character and the social and economic stability of the City by eliminating public nuisances or other property-related violations;
(5) 
To help protect the value of land and buildings in the City;
(6) 
To help remedy problems associated with public nuisance and real estate-related code violations in the City.
C. 
Findings. In enacting the alternative enforcement of public nuisance regulations through the issuance of correction orders and by charging reinspection fees, the City Council finds that the cost of enforcement of the these codes is greater than the estimated revenues from reinspection fees expected to be received under this section.
D. 
Reinspection fee. To compensate for inspection and administrative costs under this section, a fee of $50 may be charged to the owner or occupant of property for any reinspection by a City of Lake Mills Building Inspector, or his or her designee, to determine compliance with an order to correct conditions in violation of § 479-3 or 479-4, except no fee shall be charged for the reinspection when compliance is recorded. A fee of $100 may be charged for a second reinspection, a fee of $200 for a third reinspection and a fee of $400 for each subsequent reinspection for the same condition. A reinspection fee may also be charged when the Building Inspector, or his or her designee, finds a condition which is similar to a condition which was subject to a correction order within one year prior to the inspection. Reinspection fees shall be charged against the real estate upon which the reinspections were made, shall be a lien upon the real estate and shall be assessed and collected as a special charge. If there has been a change of ownership or occupancy after the City issues a correction order, the reinspection fee may be waived if it is determined that the new owner or occupant was not aware of the prior order to correct a violation or condition.
E. 
Any property owner or occupant that has received a correction order as required under this section may, within 30 days or receipt of the order, appeal the decision to issue the order under procedures set forth in Chapter 16, Administrative Review, of the Lake Mills Municipal Code. The collection of any reinspection fees incurred by the appellant shall be stayed while the appeal is pending.
[Amended 4-6-2010 by Ord. No. 1061A]
F. 
The use of this alternative method for the enforcement of public nuisance violations does not negate the authority to proceed under any other lawful remedy available, if deemed necessary by the inspecting officer.