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.
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.