[HISTORY: Adopted by the Village Board of the Village of Grafton as Title 8, Ch. 8.36, of the 1979 Code. Amendments noted where applicable.]
Whenever complaint is made to the Village President by a private citizen or any official or employee of the Village that a public nuisance exists within the Village, he shall promptly notify the Village Health Inspector and the Chief of Police, who shall inspect or cause to be inspected the premises upon which such nuisance is alleged to exist and shall make a written report of their findings to the Village President.
If the inspecting officials determine that a public nuisance exists on private property and that there is great and immediate danger to the public health, safety, morals, decency or peace, the Village President shall direct the Chief of Police to serve notice on the owner or upon the occupant if the owner is a nonresident or cannot be found and to post a copy of the notice on the premises. Such notice shall direct the owner or occupant, as the case may be, to abate or remove such nuisance within a reasonable time of not less than 24 hours and shall state that, unless such nuisance is so abated, the Village will cause the same to be abated and will charge the cost thereof to the owner or occupant, as the case may be.
If the owner or occupant fails to comply with the notice described in § 8.36.020 within the time limit, or if he cannot be found, the Village Health Inspector, in the case of health nuisances, and the Chief of Police, in all other cases, shall cause the abatement or removal of such public nuisance.
Public nuisances as described in § 9.32.010C of this Code shall not be subject to the summary abatement procedure set forth in §§ 18.36.020 and 18.36.030.
Editor's Note: See Ch. 9.32, Public Nuisances Affecting Morals and Decency.
If the inspecting officials determine that a public nuisance exists on private premises but that the nature of such nuisance is not such as to threaten great and immediate danger to the public health, safety, morals, decency or peace, they shall file written reports of their findings with the Village President, who shall forthwith direct the Village Clerk to issue a notice to the owner or occupant of the premises requiring him to appear before the Village Board at a regular or special meeting thereof on the day and time appointed by the President and then and there show cause, if there is any, why the nuisance should not be abated and removed at the cost and expense of the owner or occupant, as the case may be. A copy of the notice shall be served upon the owner or occupant of the premises by the Chief of Police at least 10 days prior to the date set for hearing, or if the owner of the premises is a nonresident or cannot be found, a copy of such notice shall be published in the official newspaper and a like copy mailed to the owner directed to his last known address, as shown by the records of the Village Clerk, at least 15 days before the date set for hearing.
At the time set for hearing, the Village Board shall hear testimony relative to the facts and shall enter written findings thereon. If the Board finds that a public nuisance exists on the premises or is kept or maintained or allowed by the owner or occupant, it shall order the owner or occupant, as the case may be, to abate the same.
In the event that the owner or occupant fails to comply with the order of abatement of the Village Board, the Board shall, without further notice, order the Chief of Police to comply therewith and to make return of the cost and expense of abating or removing such nuisance to the Village Director of Administrative Services.
In addition to any other penalty imposed under this chapter for the maintenance of a nuisance, the cost of abating or removing a nuisance by the Village shall be collected from the owner or occupant or person causing, permitting or maintaining the nuisance or, if notice to abate such nuisance has been given to the owner, such cost may be charged against the premises and assessed against the real estate as other special taxes.
In addition to the methods of abatement of public nuisances specified in this chapter, the Village President or Village Board may also institute an action in the Municipal Court for abatement of any public nuisance existing within the limits of the Village in accordance with the provisions of Ch. 823, Wis. Stats.