[HISTORY: Adopted by the Village Board of the Village of
Bear Creek at time of adoption of Code (see Ch. 1, General Provisions,
Art. II). Amendments noted where applicable.]
No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the Village of Bear Creek.
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.
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 § 235-2:
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 food 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 or within four miles thereof 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.
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.
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 § 235-2:
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.
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 by 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.
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 § 235-2:
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.
Unauthorized traffic signs. All unauthorized signs, signals, markings
or devices placed or maintained upon or in view of any public highway
or railway crossing which purport 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.
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.
E.
Tree limbs. All limbs of trees which project over a public sidewalk
less than 10 feet above the surface thereof and all limbs which project
over a public street less than 14 feet above the surface thereof.
F.
Dangerous trees. All trees which are a menace to public safety or
are the cause of substantial annoyance to the general public.
G.
Fireworks. All use or display of fireworks except as provided by
the laws of the State of Wisconsin and ordinances of the Village.
H.
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.
I.
Wires over streets. All wires over streets, alleys, or public grounds
which are strung less than 15 feet above the surface thereof.
J.
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.
K.
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 do not conform to the permit.
L.
Open excavations. All open and unguarded pits, wells, excavations
or unused basements accessible from any public street, alley or sidewalk.
M.
Abandoned refrigerators. All abandoned refrigerators or iceboxes
from which the doors and other covers have not been removed or which
are not equipped with a device for opening from the inside.
N.
Flammable liquids. Repeated or continuous violations of the ordinances
of the Village or laws of the state relating to the storage of flammable
liquids.
P.
Graffiti is hereby specifically declared to be a public nuisance, as defined in § 235-2, affecting peace and safety.
(1)
No person shall write, spray, scratch or otherwise affix graffiti
upon any property, whether private or public, without the consent
of the owner or owners of said property. Any person who shall affix
graffiti to any property without the consent of the owner shall be
liable for the costs of removing or covering such graffiti, in addition
to any fines imposed for violating this subsection. The parents of
any unemancipated minor child who affixes graffiti may be held liable
for the cost of removing or covering said graffiti in accordance with
§ 895.035, Wis. Stats.
(2)
Every owner or occupant of a structure or property defaced by graffiti
shall notify the County Sheriff's Office of the graffiti before removing
or covering such graffiti.
(3)
Every owner of a structure or property defaced by graffiti shall
comply with the terms of a written notice served upon him or her by
the County Sheriff's Office to remove or cover such graffiti.
(4)
In event any owner fails to comply with the above-mentioned notice,
the County Sheriff's Office shall have the graffiti covered or removed
and all costs, fees and expenses will be assessed to such owner's
real estate taxes.
A.
Enforcement. The County Sheriff, the Chief of the Fire Department,
the Director of Public Works and the Building Inspector shall enforce
those provisions of this chapter that come within the jurisdiction
of their offices, and they shall make periodic inspections and 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 shall have inspected or caused to be inspected
the premises where the nuisance is alleged to exist and has satisfied
himself that a nuisance does, in fact, exist. Form SBD-6025 (use most
current form), Inspection Report and Notice of Noncompliance, will
be issued immediately and enforced.
B.
Summary abatement. If the inspecting officer shall determine 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 Village President, upon the recommendation of the appropriate
department head, may direct the proper officer to cause the same to
be abated and charge the cost thereof to the owner, occupant or person
causing, permitting or maintaining the nuisance, as the case may be.
C.
Abatement after notice.
(1)
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 great and immediate danger to the public health, safety, peace, morals or decency, he shall serve notice on the person causing or maintaining the nuisance to remove the same within 10 days. If such nuisance is not removed within such 10 days, the proper officer shall cause the nuisance to be removed as provided in Subsection B.
(2)
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 great and immediate danger to the public health,
safety, peace, morals or decency, he shall file a written report of
his findings with the Village President, who shall cause an action
to abate such nuisance to be commenced in the name of the Village
in Circuit Court in accordance with the provisions of Chapter 823,
Nuisances, of the Wisconsin Statutes.
D.
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, 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.
A.
Findings. The Bear Creek Village Board finds that certain premises
within the Village receive and require more than the general, acceptable
level of services from Village departments. These premises place an
undue and inappropriate burden to the Village of Bear Creek taxpayers.
Nuisance activity contributes to the general decay of an affected
neighborhood and negatively impacts law-abiding residents in these
neighborhoods. This section provides a progressive enforcement method
to use when working with property owners to abate nuisance activities.
Therefore, 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
the fair housing laws, nor does it affect a premises owner's duty
to comply with all other laws governing residential tenancies which
are contained in Ch. 704, Wis. Stats., Ch. ATCP 134, Wis. Adm. Code,
and other parts of this Code.
B.
AUTHORIZED OFFICIAL
CHRONIC NUISANCE PREMISES
(1)
(2)
(3)
(4)
(5)
CHRONIC NUISANCE PREMISES NOTICE (CNP NOTICE)
ENFORCEMENT ACTION
FIRE CHIEF
NUISANCE ACTIVITIES
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(26)
(27)
(28)
(29)
(30)
PERSON
PERSON ASSOCIATED WITH
PERSON IN CHARGE
PREMISES
VILLAGE INSPECTIONS DEPARTMENT
Definitions. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
Singularly or collectively, the County Sheriff, Fire Chief,
Village Board or its designee with jurisdiction to enforce the various
statutes and ordinances prohibiting nuisance activities.
A premises that meets any of the following criteria:
A premises which has generated three or more calls for police
services that have resulted in enforcement action for nuisance activities
on three separate days within a ninety-day period or six such calls
within a one-year period. This includes enforcement action taken against
any person associated with the premises while at or within 200 feet
of the premises for a nuisance activity; or
A premises which has generated three or more corrective orders
from a Village Inspections Department for nuisance activities from
at least three inspections occurring within a one-year period; or
A premises for which a court of law has determined that, pursuant
to a search warrant request, probable cause exists that manufacture,
distribution or delivery of a controlled substance has occurred on
or in association with the premises within 30 days prior to the date
of the search warrant application; or
A premises which has had one enforcement action associated with
the premises resulting from the manufacture, delivery or distribution
of a controlled substance(s) as defined in Ch. 961, Wis. Stats., or
a premises which is used as a meeting place of a criminal gang, or
that is used to facilitate the activities of a criminal gang as defined
in § 939.22(9), Wis. Stats.
The notice issued by the County Sheriff, Fire Chief and/or
the Village Board.
Any of the following: the physical arrest of an individual(s),
the issuance of a citation for a law violation and/or referral of
charges by the County Sheriff's Office or Inspections Department to
the Village Attorney for prosecution for nuisance activities.
The Village of Bear Creek Fire Department or designee thereof.
Includes any of the following activities, behaviors or conduct:
An act of harassment as defined in § 947.013, Wis.
Stats.
Disorderly conduct as defined in § 260-11 of this Code or § 947.01, Wis. Stats.
Crimes of violence as defined in Ch. 940, Wis. Stats.
Resisting or obstructing an officer as prohibited by § 946.41,
Wis. Stats.
Indecent conduct as prohibited by § 944.20, Wis. Stats.
Damage to property as prohibited by § 943.01, Wis.
Stats.
The production or creation of noises disturbing the peace, as prohibited by § 260-10 of this Code.
Discharge or improper possession of a dangerous weapon as prohibited by § 260-3 of this Code.
Crimes involving illegal possession of firearms as defined in
§§ 941.23, 941.26, 941.28, 941.29, and 948.60, Wis.
Stats.
Trespassing to land as defined in § 943.13, Wis. Stats., or criminal trespass to a dwelling as defined in § 943.14, Wis. Stats., or unlawful trespass as prohibited in § 260-1 of this Code.
Loitering, obstructing a street or sidewalk, as prohibited by § 260-9 of this Code.
Theft as defined in § 943.20, Wis. Stats.
Arson as defined in § 943.02, Wis. Stats.
Depositing rubbish as prohibited by § 260-17 of this Code.
Keeping a place of prostitution as defined in § 944.34,
Wis. Stats.
Prostitution as prohibited by § 260-1 of this Code or § 944.30, Wis. Stats.
Soliciting prostitutes as prohibited by § 944.32,
Wis. Stats.
Pandering as prohibited by § 260-1 of this Code or § 944.33, Wis. Stats.
Possessing an open container which contains alcohol beverages or consuming alcohol beverages upon any street as prohibited by § 205-28 of this Code.
Selling, offering for sale or giving away of any intoxicating
liquors or fermented malt beverages without a license as provided
in § 125.04(1), Wis. Stats.
Underage person possessing or consuming alcohol beverages as provided in § 205-1 of this Code or § 125.07(4)(b), Wis. Stats.
Adult providing or selling alcohol to underage person as provided in § 205-1 of this Code or § 125.07(1)(a)1, Wis. Stats.
Possession, manufacture, distribution or delivery of a controlled
substance or related offenses as defined in Ch. 961, Wis. Stats.
Maintaining a drug dwelling as defined in § 961.42,
Wis. Stats.
Illegal gambling as defined in § 945.02, Wis. Stats.
Owning, keeping or harboring a dangerous animal or prohibited dangerous animal contrary to Chapter 108, Animals, of this Code.
Failing to maintain a property resulting in weeds, wild growth and general yard neglect as set forth in § 185-3 of this Code.
Violations of the fire prevention and protection codes set forth
in § 163-12 of this Code.
Violations of Chapter 201, Housing Standards, of the Village Code.
Any natural person, agent, association, firm, partnership,
corporation or other entity capable of owning, occupying or using
property in the Village of Bear Creek.
Any person who, whenever engaged in a nuisance activity,
has entered, patronized, visited, or attempted to enter, patronize
or visit, or waited to enter, patronize or visit, a premises or person
present on a premises, including, without limitation, any officer,
director, customer, agent, employee, or any independent contractor
of a property, person in charge, or owner of a premises.
Any person in actual or constructive possession of a premises,
including, but not limited to, an owner or occupant of premises under
his or her ownership or control.
A commercial business, public or private clubhouse, a place
of abode, a residence, a house or multiple-dwelling unit for one or
more persons, including lodging house, hotels, motels and tourist
rooming houses, and associated common areas, yards and parking lots.
In the case of multiple dwelling units, "premises," as used in this
section, may consist of any single unit providing complete, independent
living facilities for one or more persons, including provisions for
living, sleeping, eating, cooking and sanitation.
The Director of Public Works or the Fire Department.
C.
Procedure.
(1)
When a premises meets the definition and is declared a chronic nuisance,
the authorized official shall provide written notice of the declaration
to the premises owner. A courtesy copy will also be sent to the Village
Board. 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 or delivered in person to the premises
owner. If the premises owner cannot be located, the notice shall be
deemed to properly delivered if a copy of it is left at the premises
owner's usual place of abode in the presence of some competent member
of the family at least 14 years of age, or a competent adult currently
residing there and who shall be informed of the contents of the CNP
notice. If a current address cannot be located, it shall be deemed
sufficient if a copy of the CNP notice is sent by first-class mail
to the last known address of the owner as identified by the records
of the Village Assessor. 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 authorized
official of any change in address to ensure receipt of future notices.
(d)
A statement that the actual costs of future enforcement may
be assessed as a special charge against the premises.
(e)
A statement that the owner shall, within 10 days of the date
the CNP notice is mailed, contact the authorized official and schedule
a meeting with that official to develop a written action plan to abate
the nuisance or notify the official, in writing, of the intention
to appeal.
(f)
A statement that the premises owner shall at all times comply with the fair housing requirements contained in § 155-1 of this Code when considering an action against a tenant based upon a CNP notice.
(g)
A statement that the premises owner, in addition to actual abatement costs, may be subject to a forfeiture action with a penalty as provided in § 1-4, General penalty, of this Code for each day a chronic nuisance is allowed to continue.
(h)
A statement that if the premises is non-owner-occupied, the
premises owner shall, within 10 days of the date the CNP notice is
issued, schedule attendance at a landlord training session offered
by the County Sheriff's Office and subsequently attend said training
on the scheduled date.
(2)
Exceptions; abatement of nuisance.
(a)
In reaching a determination that a premises is a chronic nuisance
premises, activities that were reported to the County Sheriff's Office
or Village departments by the premises owner or on-site premises manager
shall not be included as nuisance activities.
(b)
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 County
Sheriff, and the office of the 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.
(c)
Abatement plan.
[1]
If the owner responds to the CNP notice with a written action
plan to abate the nuisance, the authorized official may accept, reject
or work with the owner to modify the action plan. The plan is acceptable
if it can reasonably be expected to result in abatement of the nuisance
activities described in the CNP notice within 60 days.
[2]
Premises owners shall be counseled regarding nuisance abatement
methods and strategies and shall be encouraged to submit a comprehensive
nuisance abatement action plan that considers alternatives to eviction
and is not the sole remedy available to abate the nuisance activity.
[3]
If the premises owner meets with the authorized official and
presents an acceptable abatement action plan and implements the terms
of the action plan, the authorized official will delay further enforcement
of this section, including cost recovery.
[4]
If the premises owner ceases to cooperate with the efforts to
abate the nuisance activities, the authorized official may reinstate
enforcement of this section and the premises owner may be sent a change
in status letter. This letter will document the authorized official's
efforts to contact and/or obtain cooperation of the owner.
(d)
Any premises owner who has been notified by the authorized official that his or her non-owner-occupied premises is a chronic nuisance premises shall, within 10 days, schedule attendance at a landlord training session offered by the County Sheriff's Office and subsequently attend said training on the scheduled date. Failure to attend the approved landlord training shall result in a forfeiture as provided in § 1-4, General penalty, of this Code.
(3)
Whenever the authorized official determines that any of the following
have occurred then the authorized official may calculate the actual
costs of enforcement to abate this and any subsequent nuisance activities
and may refer such cost to the Village Clerk-Treasurer so that the
cost may be billed to the premises owner:
(a)
A premises owner has failed to respond to the CNP notice;
(b)
Enforcement action for an additional nuisance activity has occurred at a premises for which notice has been issued pursuant to Subsection C(1), and this enforcement action has occurred not less than 15 days after the CNP notice has been issued; or
(c)
An action plan submitted has not been completed.
(4)
The authorized official shall provide written notice to the premises
owner of the decision to refer the cost of enforcement to the Village
Clerk-Treasurer. The notice shall contain:
(a)
The street address or legal description sufficient for identification
of the premises.
(b)
The statement that the authorized official has referred the
cost of enforcement to the Village Clerk-Treasurer.
(c)
Notice of the premises owner's right to appeal. Appeal of the
determination of the County Sheriff 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
Clerk-Treasurer with a copy submitted to the County Sheriff. Chapter
68 of the Wisconsin Statutes does not apply to this section.
(5)
Each subsequent incident of enforcement action for nuisance activity
shall be deemed a separate violation, and costs will continue to be
assessed until the nuisance is abated.
D.
Penalties and remedies.
(1)
Cost recovery. The authorized official shall keep an accurate account
of the cost of enforcement and shall report it to the Village Clerk-Treasurer.
The Clerk-Treasurer shall establish a reasonable charge for the costs
of enforcement of this section and charge any premises owner found
to be in violation of this section the costs of enforcement in full
or in part. Such costs shall be billed to the premises owner by invoice
sent by regular mail and must be paid within 30 days of the date of
the invoice. Any unpaid invoice shall be a lien on such premises and
may be assessed and collected as a special charge pursuant to § 66.0627,
Wis. Stats. An administrative fee as set forth in the Village Fee
Schedule shall be added to the cost of enforcement charged to the
benefited premises any time the premises is declared a chronic nuisance
premises.
(2)
Suspension of cost recovery. If, after the receipt of a billing notice
from the Clerk-Treasurer, the premises owner develops an acceptable
action plan and implements the plan, the authorized official may suspend
further enforcement of this section. The premises owner is still responsible
for any enforcement costs incurred prior to the premises owner's submitting
an action plan, including the administrative fee. If the premises
owner ceases to cooperate with the efforts to abate the nuisance activities,
the authorized official may reinstitute enforcement of this section
after sending the premises owner a change in status letter.
E.
Appeal. Appeal of the determination of the authorized official may
be made in writing to the Village Board. Appeals of the action of
the Village Clerk-Treasurer imposing special charges against the premises
may be submitted, in writing, to the Village Board. Appeals shall
be in writing, filed with the Village Clerk-Treasurer no more than
10 days after notice is issued to the property owner.
F.
Injunction. This section may be enforced by injunction.
G.
Abatement in accordance with state law. Nothing in this section shall
be construed as prohibiting the abatement of public nuisance by the
Village or its officials in accordance with this Code or laws of the
state.
H.
When nuisance is deemed abated. The public nuisance created by a
chronic nuisance premises shall be deemed abated when no enforcement
action to address nuisance activities occurs and there are no law
enforcement, building, health or fire inspection cases generated for
a period of six consecutive months from the date of compliance with
the action plan.
