[HISTORY: Adopted by the Village Board of the Village of Fox Crossing 7-13-2020 by Ord. No. 200713-1.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter derives from Ch. 8 of the former Municipal Code, adopted 8-26-1999 and amended 10-9-2000, 9-12-2005, 11-28-2005, 1-23-2006, 7-27-2008, 4-26-2010 and 6-13-2016.
No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the Village of Fox Crossing.
As used in this chapter, the following terms shall have the meanings indicated:
PUBLIC NUISANCE
A "public nuisance" is a thing, act, occupation, condition or use of property which shall continue for such length of time as to:
A. 
Substantially annoy, injure or endanger the comfort, health, repose or safety of the public.
B. 
In any way render the public insecure in life or in the use of property.
C. 
Greatly offend the public morals or decency.
D. 
Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way or the use of public property.
PUBLIC NUISANCES AFFECTING HEALTH
The following acts, omissions, places, conditions and things are specifically declared to be public health nuisances, but such enumeration shall not be construed to exclude other health nuisances coming within the definition of public nuisance of this section:
A. 
All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public.
B. 
Carcasses of animals, birds or fowl not intended for human consumption or food which are not buried or otherwise disposed of in a sanitary manner within 24 hours after death.
C. 
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. 
Any pit, hole, excavation, gully, ditch or depression of any nature whatsoever where water is accumulated and retained for more than 72 hours, except drainage ditches installed or maintained by the Village.
E. 
Privy vaults and garbage cans which are not fly-tight.
F. 
All noxious weeds and other overabundant growth of vegetation.
G. 
All domestic animals running at large.
H. 
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.
I. 
Any use of property, substances or things within the Village emitting or causing any foul, offensive, noisome, nauseous, noxious or disagreeable odors, gases, effluvial 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.
J. 
Any use of property which causes any nauseous or unwholesome liquid or substance to flow into or upon any street, gutter, alley, sidewalk or public place within the Village.
Any violation of the ordinances of the Village of Fox Crossing and the laws of the State of Wisconsin, and the Administrative Code of the State of Wisconsin, adopted by reference under Chapter 218, Fires and Fire Prevention, and Chapter 228, Hazardous Materials, of this Code, particularly but without limitation Chapter ATCP 93, Flammable, Combustible and Hazardous Liquids, of the Wisconsin Administrative Code, as related to the storage of flammable liquids, etc., shall constitute a nuisance.
A. 
The owners of trees upon private property which project over public sidewalks, streets or alleys shall also maintain said trees as described herein. When violations are discovered on private property, the Village shall give reasonable notice to the owner to take appropriate action. If the property owner refuses or neglects to follow the order of the Village, the Village may remedy the situation and charge the owner by special assessment to his/her taxes.
(1) 
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 approaching an intersection or pedestrian crosswalk shall be cut or removed.
(2) 
All limbs of trees which project over and less than 10 feet above any public sidewalk, street or other public place shall be kept trimmed to a reasonable height to allow for safe use and passage.
(3) 
All trees which are a menace to public safety or are the cause of substantial annoyance to the general public shall be cut or removed.
B. 
Hazardous and infected trees. Any tree or part thereof, whether alive or dead, which the Village Board shall find to be infected, hazardous or a nuisance so as to endanger the public or other trees, plants or shrubs growing within the Village, or to be injurious to sewers, sidewalks or other public improvements, whether growing upon public or private premises, shall be removed, trimmed or treated by the owner of the property upon or adjacent to which such tree or part thereof is located. A tree with the disease known as "Dutch elm disease," a fatal disease of elms caused by the fungus Ceratostomellaulmi Buisman, as well as causal fungus, is specifically included herein as an infected tree. The Village Board shall give written notice to the owner to remedy the situation which shall be served personally or posted upon the affected tree. Such notice shall specifically state the period of time within which the action must be taken, which shall be not less than 24 hours nor more than 14 days as determined by the Village Board on the basis of the seriousness of the condition of the tree or danger to the public. If the owner fails to remove, treat or trim said tree within the time limit, the Village Board shall cause the tree to be removed, treated or trimmed and shall report the full cost thereof to the Village Clerk who shall enter such cost as a special charge against the property.
C. 
No person shall plant any Catalpa, Chinese elm, white poplar, Lombardy poplar, or any fruit or nut tree in or upon any public street, parkway, boulevard or other public place within the Village of Fox Crossing unless he/she shall first secure written permission from the Village Board, which shall not approve any such planting if, in its opinion, said tree will constitute a nuisance to the public or adjoining property owners or interfere with the safety of the public or the operation of any sewer or water system. The Village Board shall cause the removal of any tree planted in violation of this subsection.
D. 
Noxious weeds, tall grasses and rank growth of vegetation. Noxious weeds, tall grasses, and rank growth of vegetation shall be removed or cut, and natural landscapes and gardens shall be maintained.
(1) 
Anyone owning, occupying or controlling any land within the municipality shall destroy any noxious weeds on said land.
(2) 
Anyone owning, occupying or controlling any developed lot or yard within a recorded subdivision plat, including the ditches, easements, alleys, drainage swales and terraces in the adjacent public right-of-way up to the road shoulder or back of curb, shall remove or cut all untended or unmanaged weeds, tall grasses, and rank vegetation growth which has grown to a height greater than eight inches.
(3) 
Anyone owning, occupying or controlling any undeveloped lot or yard within a recorded subdivision plat shall remove or cut all untended or unmanaged weeds. In addition, all tall grasses and rank vegetation growth which has grown to a height greater than eight inches within 30 feet of any adjacent right-of-way or developed property and within the adjacent public right-of-way, to include ditches, easements, alleys, drainage swales, and terraces up to the road shoulder or back of curb, shall be removed or cut.
(4) 
Anyone owning, occupying or controlling any parcel, excepting a parcel zoned A-2 and used for agricultural purposes, adjacent to public right-of-way in which a pedestrian trail or sidewalk exists shall remove or cut all tall grasses and rank vegetation growth that has grown to a height greater than eight inches within the following areas:
(a) 
The area of public right-of-way located between the edge of the pedestrian trail or sidewalk and the road shoulder or back of curb.
(b) 
The area four feet from the edge of the pedestrian trail or sidewalk that is nearest to the respective adjacent property.
(5) 
All untended and unmanaged weeds, tall grasses, and rank vegetation growth that prevent persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic approaching an intersection or pedestrian crosswalk shall be removed or cut.
(6) 
Excepting for Subsection D(1) and (5), maintained natural landscapes and gardens are exempt from the height limitation.
(7) 
Noxious weeds and removal policies are specified in the adopted policies of the municipality.
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 discharged icebox, 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 the door or lid snap lock or other locking device from the icebox, refrigerator or container.
A. 
Junked motor vehicles shall include, but not be limited to, any motor vehicle that is disassembled, dismantled, inoperable, wrecked and/or unlicensed, or parts which have been allowed to remain outside of any building upon public or private property for a period in excess of three days, unless in connection with an automotive sales or repair business located in a properly zoned area, that is licensed under this code or the County of Winnebago.
B. 
Pursuant to the authority of § 342.40, Wis. Stats., the Village establishes the disposal procedures set forth herein. This section further authorizes the Police Chief to enter towing service agreements for disposal of vehicles. Whenever the Police Department shall find any junked motor vehicle, it shall notify the property owner and the owner of the vehicle of the intention of the Village to remove such vehicle. This shall be done by notifying the property owner and vehicle owner that they have seven days to remove the vehicle. If at the end of this period the vehicle has not been removed, the Police Department shall direct that the vehicle shall be impounded and stored in a suitable place. Disposal of the vehicle shall be in accordance with Subsections C and D. The cost of removal and storage shall be entered on the tax roll of the property owner as a special charge if payment is not made by other means.
C. 
Upon impoundment of a junked motor vehicle, the owner and/or lienholder(s) shall be notified by certified mail of their rights to reclaim their vehicle. The owner and/or lienholder(s) shall have 10 days after certified mail notice has been sent in which to reclaim the vehicle. The owner and/or lienholder(s) shall be liable for all towing expenses and reasonable storage charges due on the vehicle before it is released. If unclaimed after 10 days the vehicle shall be sold in accordance with Subsection D.
D. 
Disposal of unclaimed vehicles. When any such vehicle has been removed and placed in storage by the Village as herein provided and such vehicle is not claimed within 10 days after such storage, it shall be directed to be sold. If the proceeds of such sale are insufficient to pay the costs for the removal and storage, said owners jointly and severally shall be liable to the Village for the balance of the costs. All substantially complete vehicles in excess of 19 model years of age shall be disposed of in accordance with § 342.40(3)(c), Wis. Stats.
E. 
The penalty provided for violation of this code shall apply regardless of whether or not the owner and/or lienholder(s) of such vehicle has paid for the towing expenses and storage charges due as outlined in this section.
A. 
Definition. As used in this section, the following terms shall have the meanings indicated:
ABANDONED VEHICLE
(1) 
Any motor vehicle, semitrailer, trailer, mobile home or snowmobile that is left unattended in ordinary public view, on a public roadway, public property or private property without the permission of the property owner for more than 48 hours.
(2) 
Any motor vehicle, semitrailer, trailer, mobile home or snowmobile that has been legally impounded by the Police Department and not reclaimed within 48 hours.
B. 
Pursuant to the authority of § 342.40, Wis. Stats., the Village hereby establishes the disposal procedures set forth herein. Whenever the Police Department shall find any abandoned vehicle, it shall cause such vehicle to be impounded and stored in a suitable place. The owner and/or lienholder(s) shall be notified by certified mail of their right to reclaim the vehicle. The owner and/or lienholder(s) shall have 10 days after certified mail notice has been sent in which to reclaim the vehicle. The owner and/or lienholder(s) shall be liable for all towing expenses and reasonable storage charges due on the vehicle, before it is released. If unclaimed after 10 days, the vehicle shall be disposed of in accordance with Subsection C.
C. 
Disposal of unclaimed vehicles. When any such vehicle has been removed and placed in storage at the direction of the Village as herein provided and such vehicle is not claimed within 10 days after such storage, it shall be disposed of as directed by the Village. If the proceeds of such sale are insufficient to pay the costs for the removal and storage, said owners jointly and severally shall be liable to the Village for the balance of the costs. This section authorizes the Police Chief to enter into towing service agreements for disposal of abandoned vehicles. All substantially complete vehicles in excess of 19 model years of age shall be disposed of in accordance with § 342.40(3)(c), Wis. Stats.
D. 
Commercial or industrial exception permit. The Village Board may grant a permit to a person obtaining a business in a commercial or industrially zoned area to keep and store vehicles for the purpose of using spare parts. The permit shall specify the storage area and may require vehicles to be completely enclosed with a fence.
E. 
The penalty provided for violation of this code shall apply regardless of whether or not the owner and/or lienholder(s) of such vehicle has paid for the towing expenses and storage charges due as outlined in Subsection B.
A. 
No person, firm or corporation shall display or operate a military vehicle or weaponry, amphibious or otherwise, anywhere in a zoned residential district, and said items shall be subject to the terms, conditions and penalties as defined in §§ 287-6 and 287-7 of this chapter and shall be deemed to constitute junked or abandoned vehicles and be subject to the removal and disposal procedures therein.
B. 
This section does not prohibit the possession, transportation or utilization of military vehicles or weaponry by members of the United States Department of Defense, which include but are not limited to the U.S. Army (regular or reserve), U.S. Air Force (regular or reserve), U.S. Navy and Marines (regular or reserve), and U.S. Coast Guard (regular or reserve), or Wisconsin National Guard, or chartered organizations such as the VFW, while in the performance of their official capacities and duties. This section also does not apply to any military vehicle with rubber tires that is licensed for on-road use by the State of Wisconsin.
All farm machinery, farm implements and farm vehicles which shall include, but not be limited to, all machinery, implements and vehicles designed primarily for commercial agricultural purposes, or parts thereof, which have been allowed to remain outside of any building upon public or private property which is zoned residential, for a period in excess of three days, unless in connection with an automotive sales or repair business located in a properly zoned area, shall be subject to the terms and conditions of § 287-6 of this chapter.
No person shall have or permit on any premises owned or occupied by him/her any open cistern, cesspool, well, unused basement, excavation or other dangerous opening. All such places shall be filled, securely covered or fenced in such a manner as to prevent injury to any person and any cover shall be of such a design, size and weight that the cover cannot be removed by small children.
No person shall transport or haul to any dumping site in the Village any materials without covering the same as provided under Chapter 372, Article I, Solid Waste, of this Code.
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 provisions:
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.
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 the ordinances of the Village.[1]
[1]
Editor's Note: See also Ch. 146, Alcohol Beverages, Art. I.
D. 
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. 
Any place or premises for the purpose of drinking intoxicating liquor or fermented malt beverages in violation of the laws of the state or ordinances of the Village.[2]
[2]
Editor's Note: See also Ch. 146, Alcohol Beverages, Art. I.
The following acts, omissions, places, conditions and effects are hereby declared to be public nuisances affecting peace and safety. However, such enumeration shall not be interpreted to rule out other nuisances affecting public peace or safety.
A. 
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. 
All buildings erected, repaired or altered within the fire limits of the Village in violation of the provisions of the ordinances of the Village relating to materials and manner of construction of buildings and structures within the district.
C. 
Any unauthorized sign, signal, marking or device placed or maintained upon or in view of any public highway or railway crossing which appears to be, or may be mistaken as, an official traffic control device, railroad 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.
D. 
All use or display of fireworks except as provided by the laws of the state and ordinances of the Village.
E. 
All buildings or structures so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human use.
F. 
All wires over streets, alleys, or public grounds which are strung less than 15 feet above the surface thereof.
G. 
All loud, discordant and unnecessary noises or vibrations of any kind. The Village Board shall have the right to waive this provision of this chapter to facilitate public or public-sponsored construction projects when the Village Board determines that the need for more rapid completion of a project outweighs the impact of noises and vibrations.[1]
[1]
Editor's Note: See also § 302-8, Loud and unnecessary noise, of Ch. 302, Peace and Good Order.
H. 
The keeping or harboring of any animal or fowl which by frequent or habitual wailing, crowing or making of other noises greatly annoys or disturbs a neighborhood or any considerable number of persons within the Village.
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 Village, or obstructions 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.
J. 
All open and unguarded pits, wells, excavations or unused basements freely accessible from any public street, alley or sidewalk.
K. 
Any 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 Village or laws of the state relating to the storage of flammable liquids.
M. 
All snow and ice not removed or sprinkled with a material which accelerates melting or prevents slipping as provided on sidewalks only, not Village-owned recreational trails.
N. 
Any construction debris or materials, unsightly debris, trash, wood, brick, washing machines, refrigerators or junk such as may tend to depreciate property values or be detrimental to the appearance, neatness and cleanliness of the neighborhood, provided that nothing in this subsection shall prohibit reasonable storage of construction materials during the construction of any building or structure.
A. 
Responsibility for enforcement; inspections. 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 inspecting official has inspected or caused to be inspected the premises where the nuisance is alleged to exist and has satisfied himself/herself that a nuisance does in fact exist. Wherever a complaint is made to the Village Board or is filed with the Police Department, Fire Department, Health Official (Winnebago County) or the Building Official, the complaint shall be referred to the Village Clerk, who shall distribute copies to each of the following department heads:
(1) 
Community Development Department.
(2) 
Health Department (Winnebago County).
(3) 
Police Department.
(4) 
Fire Department.
B. 
Upon receipt of the complaint form from the Village Clerk, the department to which the complaint relates shall immediately inspect the premises complained of.
(1) 
The Building Official shall investigate those problems that relate to buildings or structures and their safety.
(2) 
The Health Inspector (Winnebago County) shall inspect all public nuisances affecting health as described in this chapter and referred to elsewhere in the Village's Municipal Code.
(3) 
The Police Department shall inspect all complaints regarding public safety related to this chapter and violation of the laws referred to elsewhere in the Village's Municipal Code.
(4) 
The Fire Department shall inspect all complaints related to firesafety and violation of the laws referred to elsewhere in the Village's Municipal Code.
C. 
The inspecting official shall make a written report within five days to the Village Board by filing the report with the Village Clerk. In cases where the inspecting official determines that there is no great or immediate danger, then the Village Board shall instruct the inspecting official on the disposition of the nuisance. The Village Clerk shall distribute copies of the report to other inspection departments when they are filed.
D. 
Summary abatement.
(1) 
Notice to Village officials. Where the inspecting official has determined that a public nuisance exists within the Village and that there is great and immediate danger to the public health, safety, peace, morals or decency, the inspecting official shall immediately, and before taking any action to abate such nuisance, notify the Village President verbally and as promptly as possible file with the Village President written reports of such nuisance. In the absence of the Village President, he/she shall notify at least one other Village Board member. The Village President or Village Board member so notified shall have the option to call a special Village Board meeting on an urgent and immediate basis to consider the actions which the inspecting official proposes to take. This subsection shall not limit the authority or right of the inspecting official to proceed on an immediate basis, unless the Village Board convenes and by resolution directs other action to be taken.
(2) 
Notice to owner. When the inspecting official determines that a public nuisance exists within the Village and that there is great and immediate danger to the public health, safety, peace, morals or decency, the inspecting official may serve notice on the person causing, permitting or maintaining such nuisance or upon the owner or occupant of the premises where such nuisance is caused, permitted or maintained and post a copy of said notice on the premises. Such notice shall direct the person causing, permitting or maintaining such nuisance or the owner or occupant of the premises to abate or remove such nuisance within 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, occupant or person causing, permitting or maintaining the nuisance, as the case may be. A copy of such notice shall be filed with the Village Clerk after it is served and posted.
(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 Village inspecting official 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.
(4) 
Authority to assess costs. The cost of abatement or removal of a nuisance under this section shall be collected from the owner, occupant, or person causing, permitting or maintaining the nuisance. If notice to abate the nuisance, if applicable, has been given to the owner, such costs shall be assessed against the real estate as a special charge.
E. 
Abatement by court action. When the inspecting official determines 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, peace, morals or decency, he/she shall file a written report of his/her findings with the Village Board, requesting that action to abate such nuisance be commenced in the name of the Village in the Circuit Court of Winnebago County in accordance with the provisions of the Wisconsin Statutes, including but not limited to Chapters 146 and 823.
F. 
Other methods not excluded. Nothing in this chapter shall be construed as prohibiting the abatement of public nuisances by the Village of Fox Crossing 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, and if notice to abate the nuisance has been given to the owner, such cost shall be assessed against the real estate as a special charge, as provided by Ch. 146, Wis. Stats., and other sections related to nuisance abatement.
A. 
Definitions. The following terms shall be defined as follows in this section:
CHIEF
The Chief of Police or his/her designee.
ENFORCEMENT ACTION
Arrest, the issuance of a citation, the issuance of a written or verbal warning, or an order to abate a code violation.
NUISANCE ACTIVITY
(1) 
Any of the following activities, behaviors, or conduct whenever engaged in by property owners, operators, tenants, occupants, or persons associated with premises:
(a) 
An act of harassment, as defined in 947.013, Wis. Stats.
(b) 
Disorderly conduct, as defined in 947.01, Wis. Stats.
(c) 
Crimes of violence, as defined in Ch. 940, Wis. Stats.
(d) 
Obstructing or resisting an officer, as defined in 946.41, Wis. Stats.
(e) 
Crimes against sexual morality, as defined in Ch. 944, Wis. Stats.
(f) 
Any gambling crimes, as defined in Ch. 945, Wis. Stats.
(g) 
Animal violations, as defined in Chapter 154, Village of Fox Crossing Municipal Code.
(h) 
Theft, as defined in § 943.20, Wis. Stats.
(i) 
Receiving stolen property, as defined in § 943.34, Wis. Stats.
(j) 
Damage to property, as defined in § 943.01, Wis. Stats.
(k) 
Arson, as defined in § 943.02, Wis. Stats.
(l) 
Possession, manufacture, or delivery of a controlled substance or related offenses, as defined in Ch. 961, Wis. Stats.
(m) 
Trespassing, as defined in 943.13 and 943.14, Wis. Stats.
(n) 
Weapons violations, as defined in Chapter 302, Village of Fox Crossing Municipal Code.
(o) 
Noise violations, as defined in Chapter 302, Village of Fox Crossing Municipal Code.
(p) 
Alcohol violations, as defined in Chapter 146, Village of Fox Crossing Municipal Code, and § 125.07, Wis. Stats.
(q) 
Loitering and curfew violations, as defined in Chapter 302, Village of Fox Crossing Municipal Code.
(r) 
Reckless driving, as defined in § 346.62, Wis. Stats.
(s) 
Any conspiracy to commit, as defined in § 939.31, Wis. Stats., or attempt to commit, as defined in § 939.32, Wis. Stats., any of the activities, behaviors, or conduct enumerated in Subsection (1)(a) through (r) above.
(t) 
The execution of arrest or search warrants at a particular location.
(u) 
Village of Fox Crossing inspection-related calls where the Police Department responds.
(v) 
Violations of Fire and Safety Ordinances, as contained in Chapters 218 and 228, Village of Fox Crossing Municipal Code.
(w) 
Violations of Public Nuisance Ordinances, as contained in Chapter 287, Village of Fox Crossing Municipal Code.
(x) 
Violations of Minimum Housing Standards Ordinances, as contained in Chapter 407, Village of Fox Crossing Municipal Code.
(y) 
Violations of Building Code Ordinances, as contained in Chapter 383, Village of Fox Crossing Municipal Code.
(2) 
Exception. Applicable drug, gang, and prostitution offenses will be abated immediately as allowed in Ch. 823, Wis. Stats.
OWNER
The owner of the premises and his/her agents.
PERSONS ASSOCIATED WITH
Any person who, whenever engaged in a nuisance activity, enters, occupies, patronizes, visits or attempts to enter, occupy, patronize or visit a property. Includes any officer, director, customer, agent, employee or independent contractor of a property owner, tenant, or occupant.
PREMISES
An individual dwelling unit, an apartment building (all units included as one premises), or an individual business premises and associated common areas located in the Village.
B. 
Notice. Whenever the Chief determines that three or more nuisance activities resulting in enforcement action have occurred at the premises during a twelve-month period, the Chief may notify the premises owner, in writing. In calculating the requisite nuisance activities, the Chief may count separate qualifying nuisance activities resulting in enforcement action occurring on the same day (as long as they are distinct in time) or different days, but shall never count nuisance activities that were reported by the owner of the premises. The notice shall contain the street address or legal description sufficient to identify the premises, a description of the nuisance activities that have occurred at the premises, a statement indicating that the cost of future enforcement may be assessed as a special charge against the premises, and a notice as to the appeals rights of the owner.
C. 
Delivery of notice. The notice shall be deemed to be properly delivered if sent either by certified mail to the property owner's last known address or if delivered in person to the property owner. If the property owner cannot be located, the notice shall be deemed properly delivered if left at the property owner's usual place of residence in the presence of a competent family member at least 14 years of age, or a competent adult currently residing there and who shall be informed of the contents of the notice. If a current address cannot be located, it shall be deemed sufficient if a copy of the notice is sent by certified mail to the last known address of the owner as identified by the records of the tax roll.
D. 
Abatement plan. Any owner receiving notice pursuant to Subsections B and C shall meet with the Chief, or his/her designee, within five business days of receipt of such notice. The parties shall review the problems occurring at the property and agree upon an abatement plan to end the nuisance activity on the property. The plan shall also specify a name, address, and telephone number of a person living within 60 miles of the property who can be contacted in the event of further police, fire, or inspection contact.
E. 
Additional nuisance activity. Whenever the Chief determines that additional nuisance activity has occurred at a premises not less than 15 business days after notice has been issued, and that reasonable efforts have not been made to abate the nuisance activity, the Chief may calculate the cost of response and enforcement, by Village personnel, for this and any subsequent nuisance activities. The Chief shall also cause such charges and administrative costs to be assessed against the premises as a fee for current service authorized by §§ 61.34 and 66.0628, Wis. Stats., and collected as a special charge which the Village may impose as a lien against the real estate upon which the premises is located.
F. 
Exclusion of domestic abuse incidents. Section 968.075, Wis. Stats., broadly defines "domestic abuse." Therefore, in reaching a determination that a premises is a chronic nuisance premises, activities that are domestic abuse incidents pursuant to § 968.075, Wis. Stats., 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 considered nuisance activities as defined herein. In determining whether to include such activities, the Chief of Police and the Village Attorney shall consider the strong public policy in favor of domestic victims reporting alleged abuses, and this section shall not operate to discourage such reports.
G. 
Appeal. Appeal of the determination of the Chief of Police pursuant to either the notice, abatement plan, or the levying of special charges may be made solely to the Village Board, requesting a hearing. Notice of appeal must be in writing and submitted to the Village Board in care of the Village Manager with a copy submitted to the Chief of Police. Chapter 68 of the Wisconsin Statutes does not apply to this section.
H. 
Penalties. Any person who shall violate any provision of this section shall be penalized pursuant to Chapter A450, Fines and Penalties, in addition to imposition of a fee for services constituting a special charge against the real estate imposed under Subsection E. Additionally, the Village may pursue injunctive relief against the owner in the Circuit Court for Winnebago County. All legal costs and attorney fees incurred by the Village for enforcement of this section, pursuant to any remedy available, shall be payable to the Village by the owner of the premises. Judgment for such obligations may be obtained by the Village in either the Small Claims Court or Circuit Court for Winnebago County.
I. 
Severability. If any portion of this section shall be deemed invalid or unconstitutional, the remaining portions of this section shall remain in full force and effect. Any invalid or unconstitutional provision of this section as determined by a court of law may be severed from this section without affecting the validity or enforceability of the remaining provisions.
Any person who shall violate any provision of this chapter shall, upon due conviction thereof, forfeit not less than an amount set forth in Chapter A450, Fines and Penalties, reference this Code section, for each such offense, together with the costs of prosecution, and, in default of the payment of such forfeiture and costs, shall be imprisoned in the county jail until said forfeiture and costs of prosecution are paid but not to exceed 30 days.