[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.]
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.
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]
No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the City.
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.
