No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the Village of Winneconne.
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 coming within the definition of §
393-2:
A. Adulterated food. All decayed, harmfully adulterated or unwholesome
food or drink sold or offered for sale to the public.
B. Unburied carcasses. Carcasses of animals, birds or fowl not intended
for human consumption or foods which are not buried or otherwise disposed
of in a sanitary manner within 24 hours after death.
C. Breeding places for vermin, etc. Accumulations of decayed animal
or vegetable matter, trash, rubbish, rotting lumber, bedding, packing
material, scrap metal or any material whatsoever in which flies, mosquitoes,
disease-carrying insects, rats or other vermin may breed.
D. Stagnant water. All stagnant water in which mosquitoes, flies or
other insects can multiply.
E. Garbage cans. Garbage cans which are not flytight.
F. Noxious weeds. All noxious weeds and other rank growth of vegetation.
G. Water pollution. The pollution of any public well or cistern, stream,
lake, canal or other body of water by sewage, creamery or industrial
wastes or other substances.
H. Noxious odors, etc. Any use of property, substances or things within
the Village emitting or causing any foul, offensive, noisome, nauseous,
noxious or disagreeable odors, gases, effluvia or stenches extremely
repulsive to the physical senses of ordinary persons which annoy,
discomfort, injure or inconvenience the health of any appreciable
number of persons within the Village.
[Amended 4-9-2020]
I. Street pollution. Any use of property which shall cause any nauseous
or unwholesome liquid or substance to flow into or upon any street,
gutter, alley, sidewalk or public place within the Village.
J. Animals at large. All animals running at large.
K. Accumulations of refuse. Accumulations of old cans, lumber, elm firewood
and other refuse.
L. Air pollution. The escape of smoke, soot, cinders, noxious acids,
fumes, gases, fly ash or industrial dust within the Village limits
or within one mile therefrom in such quantities as to endanger the
health of persons of ordinary sensibilities or to threaten or cause
substantial injury to property.
[Amended 4-9-2020]
M. Refuse. Leaves, grass, refuse, disposable or breakable cans or bottles
or other waste materials deposited on the public streets, alleyways,
parks and beaches of the Village of Winneconne.
N. Improperly removed snow/ice. Snow and/or ice not removed from public
sidewalks within 24 hours after it has ceased to fall or accumulate
thereon.
O. Multifamily bulk refuse containers. Any owner of a building containing
three or more dwelling units who fails to supply bulk refuse containers
sufficient to meet the needs of all the occupants of the dwelling
for the sanitary and safe storage and disposal of rubbish and garbage.
P. Outside storage. In the General Industrial District, the outside
storage of materials, equipment, machinery, boats, movable structures
and other items of a similar nature not directly related to the operation
of the business located on the premises shall be prohibited.
The following acts, omissions, places, 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 definition of §
393-2:
A. Disorderly houses. 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. Gambling devices. All gambling devices and slot machines, except
as permitted by state law.
C. Unlicensed sale of liquor and beer. 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 the ordinances of the Village.
D. Continuous violation of Village ordinances. Any place or premises
within the Village where Village ordinances or state laws relating
to public health, safety, peace, morals or welfare are openly, continuously,
repeatedly and intentionally violated.
E. Illegal drinking. 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 of Wisconsin or ordinances of the Village.
F. Illegal
drug houses. Any building or structure that is used to facilitate
the delivery, distribution, or manufacture of a controlled substance
or a controlled substance analog and any building or structure where
those acts take place.
[Added 6-20-2023]
G. Criminal
gang houses. Any building or structure that is used as a meeting place
of a criminal gang, as defined in Wisconsin law, or that is used to
facilitate the activities of a criminal gang.
[Added 6-20-2023]
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 coming within the definition of §
393-2:
A. Signs, billboards, etc. All signs and 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. Illegal buildings. All buildings erected, repaired or altered in
violation of the provisions of the ordinances of the Village relating
to materials and manner of construction of buildings and structures
within the Village.
C. Obstruction of intersections. 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.
D. Tree limbs. All limbs of trees which project over a public sidewalk
less than eight feet above the surface thereof and all limbs which
project over a public street less than 14 feet above the surface thereof.
E. Dangerous trees. All trees which are a menace to public safety or
are the cause of substantial annoyance to the general public.
F. Fireworks. All use or display of fireworks except as provided by
the laws of the State of Wisconsin and ordinances of the Village.
G. Dilapidated buildings. All buildings or structures so old, dilapidated
or out of repair as to be dangerous, unsafe, unsanitary or otherwise
unfit for human use.
H. Wires over streets. All wires over streets, alleys or public grounds
which are strung less than 15 feet above the surface thereof.
I. Noisy animals or fowl. The keeping or harboring of any animal or
fowl which, by frequent or habitual howling, yelping, barking, crowing
or making of other noises shall greatly annoy or disturb a neighborhood
or any considerable number of persons within the Village.
J. Obstructions of streets; excavations. All obstructions of streets,
alleys, sidewalks or crosswalks and all excavations in or under the
same, except as permitted by the ordinances of the Village or which,
although made in accordance with such ordinances, are kept or maintained
for an unreasonable or illegal length of time after the purpose thereof
has been accomplished, or which do not conform to the permit.
K. Open excavations. All open and unguarded pits, wells, excavations
or unused basements accessible from any public street, alley or sidewalk.
L. No person shall leave or permit to remain outside of any dwelling,
building or other structure, or within any unoccupied or abandoned
building, dwelling or other structure under his/her control in a place
accessible to children any abandoned, unattended or discarded ice
box, refrigerator or other container which has an airtight door or
lid, snap lock or other locking device which may not be released from
the inside without first removing said door or lid, snap lock or other
locking device from said ice box, refrigerator or container, unless
such container is displayed for sale on the premises of the owner
or his/her agent and is securely locked or fastened.
[Amended 4-9-2020]
M. Flammable liquids. Repeated or continuous violations of the ordinances
of the Village or laws of the state relating to the storage of flammable
liquids.
N. Rummage sale signs. All rummage/garage sale signs shall be removed
within 24 hours of the end of the sale.
[Amended 9-18-2018; 4-9-2020; 6-20-2023]
A. Responsibility for enforcement. It shall be the duty of each department
head to enforce those provisions of this chapter that come within
the jurisdiction of their respective offices, and each department
head shall make or cause to be made periodic inspections and inspections
upon complaint to ensure such provisions are not violated. No action
shall be taken under this section to abate a public nuisance unless
the inspection officer has inspected or caused to be inspected the
premises where the nuisance is alleged to exist and has satisfied
themselves that a nuisance does, in fact, exist.
B. Summary abatement.
(1) Order of abatement. If the inspecting officer determines that a public
nuisance exists within the Village and that there is imminent danger
to public health, safety, peace, morals, or decency, the inspecting
officer may, without notice or hearing, issue an order to the owner
and post such order on the premises reciting the existence of a public
nuisance constituting an imminent danger to the public and requiring
immediate action be taken as the inspecting officer deems necessary
to abate the nuisance. Notwithstanding any other provisions of this
chapter, the order shall be effective immediately. Any person to whom
such order is directed shall comply with the order immediately by
addressing the imminent danger or advising the inspecting officers
of the steps taken to address the imminent danger as soon as possible.
(2) Abatement by village. 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 discretion, enter upon the premises
and cause the nuisance to be removed or abated, and the Village shall
recover the expenses incurred thereby from the owner of the premises
or from the person who has caused or permitted the nuisance.
C. Nonsummary abatement.
(1) Order to abate nuisance. If the inspecting officer shall determine
that a public nuisance exists on private premises 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 inspecting officer
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, which shall be no shorter than 30 days. The order shall be
served personally on the owner of the building, as well as the occupant
if different from the owner and applicable to the described nuisance,
or, at the option of the inspecting officer, the notice may be mailed
to the last known address of the person, to be served by certified
mail with return receipt. If the owner or the 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 service or publication.
(2) Abatement by village. If the owner or occupant fails or refuses to comply within the period prescribed, such owner may be subject to a penalty as provided in §
1-3 of this Code. Further, the inspecting officer may obtain an administrative warrant/order to enter upon the premises and cause the nuisance to be removed or abated and the Village may recover the expenses incurred thereby from the owner or the occupant of the premises or from the person who has caused or permitted the nuisance.
(3) Remedy from order. Any person affected by such order may, within
30 days of service or publication of the order, apply to the Circuit
Court for an order restraining the Village, its agents, and employees
from entering on the premises and abating or removing the nuisance,
or be forever barred. The court shall determine if the Village has
met its burden of proving the reasonableness of the order for abatement
of the nuisance.
D. Chronic nuisance premises.
(1) Findings. The Village of Winneconne Board of Trustees finds that
certain premises within the Village receive and require more than
the general, acceptable level of Village police and administrative
services, place an undue and inappropriate burden on Village taxpayers,
and constitute public nuisances. Nuisance activity contributes to
the general decay of an affected neighborhood and negatively impacts
law-abiding residents in these neighborhoods. The vast majority of
properties with chronic nuisance activity are non-owner-occupied.
This subsection is enacted to encourage premises owners to recognize
their responsibility to ensure that activities occurring on their
premises conform to the law and do not unduly burden the Village's
police and administrative services and to provide a mechanism for
the Village to take action against premises owners who fail to ensure
premises they own do not unduly burden Village services. The Village
Board determines that the Village will charge the owners of such premises
with the costs associated with abating nuisance activity at premises
where nuisance activities chronically occur. This section is not intended
to discourage crime victims or a person in legitimate need of police
services from requesting them. This section does not affect a premises
owner's duty to comply with fair housing laws or a premises owner's
duty to comply with all other laws governing residential tenancies.
(2) Determination of chronic nuisance.
(a)
In reaching a determination that a premises is a chronic nuisance
premises, activities that were reported to the Village Police or appropriate
Village official by the premises owner or on-site premises manager
shall not be included as nuisance activities.
(b)
In reaching a determination that a premises is a chronic nuisance
premises, activities that are "domestic abuse" incidents pursuant
to Wisconsin Statutes shall not be included as nuisance activities
unless the incidents have been reviewed by the Chief of Police and
the Village Attorney and a determination is made that, based upon
the specific facts of each incident, the activities should be deemed
nuisance activities under this chapter. In determining whether to
include such activities, the Chief of Police and Village Attorney
shall consider the strong public policy in favor of domestic abuse
victims reporting alleged abuses, and this section shall not operate
to discourage such reports.
(3) Procedure. Upon finding that a premises meets the definition of a
chronic nuisance premises, the Chief of Police or designated Village
official may declare the premises a chronic nuisance premises. The
Chief of Police or designated Village official shall provide written
notice of their determination to the premises owner identified by
the Village Assessor's records for that premises. The chronic
nuisance premises notice ("CNP notice") shall be deemed delivered
if sent either by first-class mail to the premises owner's last
known address as identified by the records of the Village Assessor
or by personal service pursuant to § 801.11, Wis. Stats.
The CNP notice shall contain the following information:
(a)
Street address, parcel number or a legal description sufficient
to identify the premises.
(b)
A concise statement, including a description of the relevant
activities supporting the determination that the premises is a chronic
nuisance premises.
(c)
A statement that the owner shall immediately notify the Chief
of Police or designated Village official of any change in address
to ensure receipt of future notices.
(d)
A statement that the cost of future enforcement may be assessed
as a special charge against the premises.
(e)
A statement that the owner shall, within 10 days of receipt
of the CNP notice, respond to the Chief of Police or designated Village
official either with an appeal or to propose a written course of action
to abate the nuisance activities. The statement shall direct the premises
owner to schedule a meeting with the Chief of Police and/or designated
Village official to discuss the nuisance activity and the premises
owner's intent regarding abatement.
(f)
A statement that the premises owner shall, when appropriate,
consider and implement alternatives to eviction when formulating an
abatement plan.
(g)
A statement that the premises owner shall at all times comply
with the fair housing requirements when considering any action against
a tenant based upon a CNP notice.
(h)
A statement that the premises owner may be subject to a forfeiture
action with a penalty of not less than $1,000 nor more than $5,000
for permitting a chronic nuisance premises.
(i)
A statement that if the premises is a non-owner-occupied residential
premises, the premises owner is encouraged to attend landlord training,
where available.
(4) Abatement plan. Any owner receiving a CNP notice pursuant to this
section shall, unless other arrangements are agreed to in writing,
meet with the Chief of Police within five business days of receipt
of such notice. The parties shall review the problems occurring at
the property. Within 10 business days of this meeting, the owner shall
submit to the Chief of Police a written abatement plan to end the
public nuisance activity on the property. The plan shall also specify
a name, address, and telephone number of a person living in the State
of Wisconsin who can be contacted in the event of further police,
fire or inspection contact. In the case of rental property, pursuing
action under Ch. 704, Wis. Stats., may be part of the proposed plan,
so long as such action is timely taken. The Chief of Police shall,
within 10 business days of receipt of the written plan, accept the
abatement plan as written and give the owner written notice of the
same; or shall contact the owner to discuss necessary changes to the
abatement plan. If the parties do not agree on an abatement plan within
30 days of service of the CNP notice pursuant to this section, the
Village may pursue any remedies available to it under law, including
citation and forfeiture.
(5) Additional public nuisance activity.
(a)
Whenever the Chief of Police determines that additional public
nuisance activity has occurred at a premises for which CNP notice
has been issued pursuant to this section, that this public nuisance
activity has occurred not less than 15 business days after notice
has been issued, and that reasonable efforts have not been made to
abate the public nuisance activity, the Chief of Police shall calculate
the cost of police response and enforcement for this and any subsequent
public nuisance activities and shall cause such charges and administrative
costs to be assessed and collected as a special charge against the
premises pursuant to § 66.0627(2), Wis. Stats.
(b)
Additional public nuisance activity. If additional public nuisance
activity occurs on a rental property subject to an abatement plan
during the timely implementation of the agreed upon abatement plan,
the property owner shall not be subject to penalties described in
this code.
E. Other methods not excluded. Nothing in this chapter shall be construed
as prohibiting the abatement of public nuisances by the Village or
its officials in accordance with the laws of the State of Wisconsin.
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 abating a public nuisance by the Village
shall be collected as a debt from the owner, occupant or person causing,
permitting or maintaining the nuisance, such cost shall be assessed
against the real estate as a special charge.