No person shall erect, contrive, cause, continue, maintain,
or permit to exist any public nuisance within the Village.
A public nuisance is a thing, act, occupation, condition, or
use of property, which continues for such length of time as to:
(1)
Substantially annoy, injure or endanger the comfort, health, repose,
or safety of the public.
(2)
In any way render the public insecure in life or in the use of property.
(3)
Greatly offend the public morals or decency.
(4)
Unlawfully and substantially interfere with, obstruct or tend to
obstruct, or render dangerous any street, alley, highway, navigable
body of water, or other public way.
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 Section 11.31.
(1)
Adulterated Food. All decayed, adulterated or unwholesome food or
drink sold or offered for sale to the public.
(2)
Carcasses Unburied. Carcasses of animals, birds or fowl not intended
for human consumption or food which is not buried or otherwise disposed
of in a sanitary manner within 24 hours after death.
(3)
Insects or Vermin, Breeding Places for. Accumulations of decayed
animal or vegetable matter, trash, rubbish, rotting lumber, bedding,
packing material, scrap metal, or any material in which flies, mosquitoes,
disease-carrying insects, rats, or other vermin can breed.
(4)
Water, Stagnant. All stagnant water in which flies, or other insects
can multiply.
(5)
Privy Vaults and Garbage Cans. Privy vaults and garbage cans which
are not fly-tight.
(6)
Weed, Noxious. See Wis. Stats. § 66.0407, and Chapter 6.07(1)
of the Village Code.
(7)
Pollution, Water. 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.
(8)
Odors, Noxious. Any use of property, substances, or things within
the Village emitting or causing any foul, offensive, noisome, 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.
(9)
Pollution, Street. Any use of property, which causes any noxious
or unwholesome liquid or substance to flow into or upon any street,
gutter, alley, sidewalk, or public place within the Village.
(10)
Pollution, Air. The escape of smoke, soot, cinders, noxious acids,
fumes, gases, fly ash, industrial dust, or other atmospheric pollutants
within the Village or within one mile therefrom in such quantities
as to endanger the health of persons of ordinary sensibilities or
threaten or cause substantial damage to property in the Village.
(11)
Abandoned Wells. All abandoned wells not securely covered or secured
for public use.
(12)
Obstruction of Watercourse, Etc. Any obstruction in or across any
watercourse, drainage ditch, or swale.
(13)
Deposit of Garbage, Refuse, etc. The deposit of garbage, refuse or
any offensive substance on any public or private property except as
may be permitted by ordinance. Garbage can not be placed out for pickup
prior to 24 hours before such scheduled pickup.
(14)
Smoke.
(a)
Dense Smoke. The emission of dense smoke from the smokestack
of any engine or from the smokestack or chimney of any building within
the Village is hereby declared to be a public nuisance and is prohibited.
(b)
Stationary Engineer. The owner, lessee, or occupant of any building,
or the fireman, engineer, or any other person having charge or control
of any furnace or stationary engine who shall cause, permit, or allow
dense smoke to issue or be emitted from the smokestack or chimney
connected with any such furnace or stationary engine within the Village
shall be guilty of creating a public nuisance and of violating the
provisions of this section.
(c)
All Soot Prohibited. The emission of soot, cinders, or coal
dust from any chimney, stack, furnace, or from any building within
the Village is hereby declared to be a public nuisance and is prohibited.
(15)
Air Contaminants. No operation or use shall cause, create, or allow
air contaminants at the emission point or within the bounds at the
property, which exceeds federal or state air pollution regulations.
The following acts, omissions, places, conditions, and things are 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 Section 11.31.
(1)
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. Any building in which gambling, prostitution, or liquor
and fermented malt beverage violations occur or which is used for
the purpose of unlawfully selling, serving, storing, keeping, or giving
away controlled substances as defined in Wis. Stats. Ch. 961 (Uniform
Controlled Substance Act). No person shall knowingly keep, control,
or operate a disorderly house, or knowingly be an inmate of, frequent,
patronize, or be found within any disorderly house. In addition to
the forfeiture provisions of this section, the operation of any disorderly
house shall be deemed to be a public nuisance and may be enjoined
by the Village.
(2)
Gambling Devices. All gambling devices and slot machines.
(3)
Unlicensed Sale of Liquor and Beer. All places where intoxicating
liquor or fermented malt beverages are sold, stored, brewed, bottled,
manufactured, or rectified without a permit or license as provided
for by the ordinances of the Village.
(4)
Continuous Violation of Village Ordinances. Any place or premises
within the Village where Village code or state laws relating to public
health, safety, peace, morals, or welfare are openly, continuously,
repeatedly, and intentionally violated.
(5)
Illegal Drinking. Any place or premises resorted to for the purpose
of drinking intoxicating liquor or fermented malt beverages in violation
of state laws.
The following acts, omissions, places, conditions, and things are 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 Section 11.31.
(1)
Dangerous Signs, Billboards, etc. All signs, 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.
(2)
Illegal Buildings. All buildings erected, repaired, or altered in
violation of Village code relating to materials and manner of construction
of buildings and structures within the Village.
(3)
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, official
traffic control devices, railroad signs, or signals or which, because
of their color, location, brilliance, or manner of operation, interfere
with the effectiveness of any such device, sign, or signal.
(4)
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.
(5)
Low-Hanging Tree Limbs. All limbs of trees, which project over and
less than 14 feet above any public sidewalk or street.
(6)
Dangerous Trees. All trees which are a menace to public safety or
which are the cause of substantial annoyance to the general public.
(7)
Fireworks. All use or display of fireworks except as provided by state laws and Chapter 4 of the Village code.
(8)
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.
(9)
Low-Hanging Wires and Cables. All wires and cables over streets,
alleys, sidewalks, or crosswalks, and all excavations in or under
the same, except as permitted by Village codes, but including those
which, although made in accordance with such codes, 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.
(10)
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, greatly annoys or disturbs a neighborhood
or any considerable number of persons within the Village.
(11)
Obstruction of Streets; Excavations. All obstructions of streets,
alleys, sidewalks, or crosswalks, and all excavations in or under
the same, except as permitted by Village codes, but including those
which, although made in accordance with such codes, 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.
(12)
Unlawful Assemblies. Any authorized or prohibited use of property
abutting on a public street, alley, or sidewalk, or 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.
(13)
Noises or Vibrations. All loud, discordant, and unnecessary noises
or vibration of any kind.
(14)
Open and Unguarded Pits, Wells, etc. All open and unguarded pits,
wells, excavations, or unused basements freely accessible from any
public street, alley, or sidewalk.
(15)
Abandoned Refrigerators or Ice Boxes. All abandoned refrigerators
or iceboxes from which the doors and other covers have not been removed
or which cannot be opened by pushing from inside by a small child.
(16)
Repeated or Continuous Violations. Repeated or continuous violations
of the Village code or state laws relating to the storage of flammable
liquids.
(17)
Structure or Material which Constitutes a Fire Hazard. Any structure,
material, or condition which constitutes a fire hazard or will impair
the extinguishing of any fire.
(18)
Any Nuisance. Any nuisance so defined by the Wisconsin statutes.
(19)
Sound Amplifiers.
(a)
The use of sound amplifiers outside buildings within the Village
is prohibited without a permit from the Village. A sound amplifier
shall not be operated after 10:00 p.m. or before 7:00 a.m. (after
11:00 p.m. Friday and Saturday or before 7:00 a.m. on Saturday and
Sunday), or in the vicinity of churches while services are being conducted,
or near schools that are in session. The Village may order a reduction
in the volume of an amplifier on complaint being made by a citizen
or when such loudspeaker is a nuisance because of volume, the method
in which it is being used, at the location in which it is being operated.
(b)
Between the hours of 10:00 p.m. and 7:00 a.m. (between 11:00
p.m. Friday and Saturday and 7:00 a.m. on Saturday and Sunday), no
person may operate a radio, juke box, or other electric sound amplification
device emitting sound from any business premises within the Village
that is audible on residentially-zoned property under normal conditions
from a distance of 75 feet or more beyond the lot line of any business
premises described which emits a sound, unless the electric sound
amplification device is being used to request assistance or warn against
unsafe conditions.
(20)
Lot Line Noise Regulation.
(a)
This section provides for noise limitations for emitting and
receiving zones located in various zoning districts as established
in the Village. No person shall operate or cause to be operated on
private or public property any source of sound in such a manner as
to create a sound level which exceeds any of the limits set for the
zone categories in Table I.
|
Table I
| |||||
|---|---|---|---|---|---|
|
Maximum Permissible Sound Pressure
| |||||
|
(Levels in Decibels re 0.0002 Microbars)
| |||||
|
7:00 a.m. to 10:00 p.m.
| |||||
|
Octave Band Center Frequency (hz)
|
Resid Into Resid
|
Comm Into Comm
|
Industrial Into Comm
|
Industrial Into Resid
|
Comm Into Resid
|
|
31.5
|
72
|
79
|
79
|
72
|
72
|
|
63
|
71
|
78
|
78
|
71
|
71
|
|
125
|
65
|
72
|
73
|
66
|
65
|
|
250
|
57
|
64
|
67
|
60
|
57
|
|
500
|
51
|
58
|
61
|
54
|
51
|
|
1000
|
47
|
52
|
55
|
49
|
45
|
|
2000
|
39
|
46
|
50
|
44
|
39
|
|
4000
|
34
|
41
|
46
|
40
|
34
|
|
8000
|
32
|
39
|
43
|
37
|
32
|
|
A-scale levels
|
55 dB(A)
|
63 dB(A)
|
64 dB(A)
|
58 dB(A)
|
55dB(A) (for monitoring purposes)
|
|
Comm = Commercial
|
|
Resid = Residential
|
(b)
Decibel Level Corrections.
[Amended 11-15-2021 by Ord. No. 2021-14]
(c)
Definitions of Zone Categories. The following zones are included
in the zone categories. These are defined:
[Amended 11-15-2021 by Ord. No. 2021-14]
1.
Residential. Rural Residential, Residential Sewer, Agriculture,
and Agriculture-Farmland Preservation.
2.
Commercial. Neighborhood Business and Highway Business.
3.
Industrial. Industrial (Limited) (I1) and Industrial (I2).
|
Regulation will be according to the underlying zones. Conservancy
zones that are not publicly owned shall be regulated according to
the adjacent zone. If the neighboring zones are different, they shall
be extended to the center of the conservancy for the purposes of this
section.
|
(d)
Measurements. The measurement shall be made at or beyond the
property line of the property on which said noise is generated at
or within the property line of the property on which said noise is
perceived as inappropriate. Measurement shall be done at a minimum
height of four feet above the ground. The measurement of sound shall
be made either with a sound level meter that meets or exceeds the
ANSI requirements of the American Standard Specification for Sound
Level Meters, Type I or Type II (ANSI #1.4-1971) or with an Octave
Band Analyzer that meets or exceeds the requirements of ANSI (#1.6
- 1960) or any subsequent nationally adopted standards superseding
the above standards. In both cases, the instruments should be maintained
in calibration and good working order.
When a sound level meter is used, it shall be set to the A-weighting
scale and in the FAST response mode. A windscreen shall be mounted
on the microphone and the noise limitations shall be the A-scale levels
set forth in Table I.
An octave band analyzer may be employed when there is a concentration
of sound energy within a limited number of bands, but its use shall
not be restricted to such situations. When an octave band analyzer
is used, a standard octave band analyzer shall be conducted that spans
the frequency range set forth in Table I.
(f)
Analysis. Where an octave band analysis is not done, an A-weighted
sound level measurement of the noise shall be taken. When this method
is used, the noise limitations shall be the A-scale levels included
in the table.
(g)
Excessive Construction/Equipment Noise Prohibited. Between the
hours of 10:00 p.m. and 7:00 a.m., no person may operate construction
machinery, any equipment, or tools emitting excessive sound from any
premises within the Village that is audible on residentially-zoned
property under normal weather conditions beyond the lot line of any
premises described which emits the sound, unless an emergency situation
exists requiring the use of such equipment or tools. The following
are exempt from the provisions of this code: implements of husbandry
being used on agricultural lands, equipment operated by Brown County
Highway Department, and equipment used in any municipal operation.
(21)
Vibrations. The use of any property or portion thereof which is zoned
in any Industrial District classification causing earth-shaking vibrations
such as are created by uses including, but not limited to, drop forges
and hydraulic surges, shall be controlled in such manner as to prevent
transmission beyond the lot line of earth-shaking vibrations perceptible
without the aid of instruments.
(1)
The unsheltered accumulation or storage of old, unused, stripped,
junked, and automobiles not in good and safe operating condition,
any other vehicles, machinery, implements, equipment, any parts thereof,
and personal property of any kind which is no longer safely usable
for the purposes for which it was manufactured within the Village
is declared to be a public nuisance and dangerous to the public health,
safety and well-being of Village residents.
(2)
The owner, tenant, lessee, and occupants of any lot upon which such
accumulation or storage is made and the owner and lessee of the items
involved in such storage, all referred to collectively as "owners",
shall jointly and severally abate the nuisance by promptly moving
such items into completely enclosed buildings authorized to be used
for such storage purposes, if the same can be found within the Village,
or otherwise by moving the items to a location outside the Village.
(3)
Whenever the owners fail to abate the nuisance, the Village shall
move such items to a location of its selection, and the expense therefore
shall be billed to the owners, jointly and severally, which bill shall
be coverable through tax roll. When such items have been removed and
placed in storage by the Village, they shall be sold by the Village
after the lapse of such time as is provided. If the proceeds of such
sale are insufficient to pay the costs of abatement, the owners shall
be jointly and severally liable to the Village for the balance of
the costs to be recoverable in a suit of law. If the proceeds are
in excess of costs, the balance shall be paid to the owners or deposited
with the Village for their use.
(1)
Findings. The Village Board of Suamico finds that certain premises
within the Village of Suamico receive and require more than the general,
acceptable level of services from Village departments. These premises
place an undue and inappropriate burden on the Village of Suamico
taxpayers. Nuisance activity contributes to the general decay of an
affected neighborhood and negatively impacts law-abiding residents
in these neighborhoods. This section is intended to encourage responsible
ownership of such properties such as they do not unduly burden the
Village's departments or taxpayers. This section is not intended to
discourage crime victims or a person in legitimate need of Village
services from requesting them. This section does not affect a premise
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 Chapter 704 of the Wisconsin statutes,
Chapter ATCP 134 of the Wisconsin Administrative Code and other parts
of this code.
(2)
AUTHORIZED OFFICIAL
CHRONIC NUISANCE PROPERTIES
(a)
(b)
(c)
CHRONIC NUISANCE PROPERTIES NOTICE (CNP NOTICE)
ENFORCEMENT ACTION
NUISANCE ACTIVITIES
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
PERSON
PREMISES/PROPERTY
Definitions. The following words, terms and phrases, when used in
this chapter, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
Singularly or collectively, officers of the Police Department,
Fire Chief, Health Officer, Inspections officers, Village Engineer,
Public Works Director, Village Administrator, or their designee with
jurisdiction to enforce the various statutes and ordinances prohibiting
nuisance activities.
A property that meets any of the following criteria:
A property which has generated three or more calls for Village
services within a three-year period. This includes enforcement action
against any person associated with the property; or
A property 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
Is a property which has had one enforcement action associated
with the property resulting from the manufacture, delivery or distribution
of a controlled substance(s) as defined in Chapter 961 of the Wisconsin
statutes or a property 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 S.939.22(9), Wis. Stats.
The notice issued by an authorized official of the Village.
The arrest, the issuance of a citation, or the issuance of
a written or verbal warning.
May include, but is not limited to, any of the following
activities, behaviors or conduct:
An act of harassment, as defined in S.947.013, Wis. Stats.
Disorderly conduct as defined in Ch. 11.56, Suamico Village
Code or S.947.01, Wis. Stats.
Crimes of violence as defined in Ch. 940, Wis. Stats.
Resisting or obstructing an officer as prohibited by Ch. 11.55,
Suamico Village Code or S.946.41, Wis. Stats.
Lewd and lascivious behavior as prohibited by Ch. 11.115, Suamico
Village Code or S. 944.20 Wis. Stats.
Damage to property as prohibited by Ch.11.107, Suamico Village
Code or S. 943.01, Wis. Stats.
Loud and unnecessary noise as prohibited by Ch. 11.69, Suamico
Village Code.
Crimes involving illegal possession of firearms as defined in
SS. 941.23, 941.26, 941.28, 941.29 and 948.60, Wis. Stats.
Trespass to land as defined in Ch. 11.100, Suamico Village Code
or S. 943.13 and S.943.14, Wis. Stats.
Loitering, obstructing a street or sidewalk, as prohibited Ch.
11.70 and 11.71, Suamico Village Code.
Theft as defined in Ch. 11.88, 11.89, and 11.90, Suamico Village
Code.
Arson as defined in S.943.02, Wis. Stats.
Keeping a place of prostitution as defined in S.944.34, Wis.
Stats.
Prostitution as prohibited in Ch. 11.118, Suamico Village Code
or S.944.30, Wis. Stats.
Battery, substantial battery, or aggravated battery as defined
in S.940.19, Wis. Stats.
Receiving stolen property as defined in Ch. 11.97, Suamico Village
Code or S.943.34, Wis. Stats.
Patronizing prostitutes as prohibited in Ch. 11.119, Suamico
Village Code or S. 944.32, Wis. Stats.
Animal violations as defined in Ch. 11, Suamico Village Code.
Gambling as defined in S.945.02, Wis. Stats.
Any conspiracy to commit, as defined in S.939.31, Wis. Stats.,
or attempt to commit, as defined in S.939.32, Wis. Stats., any of
the activities, behaviors, or conduct enumerated in Subsection a.
through s. above.
The execution of arrest or search warrants at a particular location.
Alcohol violations, as defined in Ch. 5.04, 11.72 and 11.73,
Suamico Village Code or S. 125, Wis. Stats.
Fire violations, as defined in Ch. 4 Sub. II, Suamico Village Code.
Any other violations of the Suamico Village Code of Ordinances,
Brown County Code, or Wisconsin Statutes.
Any natural person, agent, association, firm, partnership,
corporation or other entity capable of owning, occupying or using
property in the Village of Suamico.
A business, public or private clubhouse, a place of abode,
a residence, a house or multiple dwelling unit for one or more persons,
including lodging houses, hotels, motels and tourist rooming houses
and associated common areas, yards and parking lots.
(3)
Procedure.
(a)
Whenever an authorized Village official determines that three
or more nuisance activities resulting in enforcement action have occurred
at the premises or property during a three-year period, the Village
official may notify the premises or property owner in writing. The
Village official shall not count nuisance activities reported by the
owner of the premises or onsite premises manager. Sec. 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 S.968.075, Wis. Stats.,
shall not be included as nuisance activities unless the incidents
have been reviewed by the Police Department 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.
In determining whether to include such activities, the Police Department
and 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.
The notice shall be deemed to be properly delivered if sent
either by first class mail to the premises' owner's last known address
or if delivered in person to the premises' owner. If the premises'
owner cannot be located, the notice shall be deemed to be properly
delivered if a copy is left at the premises' owners 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 notice. If a current
address cannot be located, it shall be deemed sufficient if a copy
of the notice is sent by first class mail to the last known address
of the owner identified by the records of the Village Assessor.
(b)
The notice shall contain the street address or legal description
sufficient to identify the premises.
(c)
A description of the nuisance activities that have occurred
on the premises and a statement indicating that the cost of future
enforcement may be assessed as a special charge against the premises.
(d)
A statement that the premises owner, in addition to actual abatement
costs, may be subject to a forfeiture action with a penalty of not
less than $25 nor more than $2,500 for each day a chronic nuisance
is allowed to continue.
(e)
A statement that the premises' owner shall within 30 days, meet
with the Village official either to appeal or to propose a written
course of action to abate the nuisance activities which is acceptable
to the authorized Village official.
(4)
Abatement Plan. Any owner receiving notice pursuant to Subsection (3), shall meet with the authorized Village official or his or her designee within 30 days of receipt of such notice. The parties shall review the problems occurring on the property. Within 10 business days of this meeting, the owner shall submit to the authorized Village official or his or her designee, 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 other authorized Village official contact.
(5)
Additional Nuisance Activity. Whenever the authorized Village official
determines that the additional nuisance activity has occurred at the
premises for which notice has been issued pursuant to this section,
that this nuisance activity has occurred not less than 15 days after
the notice has been issued, and that reasonable efforts have not been
made to abate the nuisance activity, the authorized Village official
may calculate the cost of Village response and enforcement for this
and any subsequent nuisance activities and cause such charges and
administrative costs to be assessed as collected as a special charge.
(6)
Appeal. Appeal of the determination of the authorized Village official
may be submitted to the Suamico Village Health and Safety Committee.
However, if no petition for an appeal hearing is filed within 20 days
following receipt of the notice provided to the premises owner, the
petitioner's right herein provided to a hearing shall be deemed waived
by the petitioner and the hearing petition shall be voided as untimely.
(1)
Enforcement. The Police Department, Zoning Administrator, Fire Chief,
Director of Public Works, Weed Commissioner, Building Inspector, Humane
Officer, Forester, or Health Officer 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 insure that such provisions are not violated. No actions shall
be taken under this section to abate a public nuisance unless the
officer has inspected or caused to be inspected the premises where
the nuisance is alleged to exist and has satisfied himself or herself
that a nuisance does in fact exist. Whenever practicable, the inspecting
officer shall cause photographs to be made of the premises and shall
file the same in the offices of the Clerk.
(2)
Summary Abatement. If the inspecting officer 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
Administrator may direct the proper officer to cause the same to be
abated or to 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.
(3)
Abatement by Village. If the nuisance is not abated within the time
provided, or if the owner, occupant, or person causing the nuisance
cannot be found, the Police Department, Zoning Administrator, Fire
Chief, Director of Public Works, or Weed Commissioner shall cause
the abatement or removal of such nuisance. The charge for the abatement
or removal shall be as set from time to time by the Board and its
costs shall be charged to the property owner. If such charges are
not paid by November 15 of the year in which they are billed, such
charges, together with an additional administrative fee for collection
equal to 10% of the total of such charges and fees, shall be extended
on the next succeeding tax roll as a tax charged against the property
affected and collected in the same manner as are other real estate
taxes.
(4)
Abatement after Notice. If the inspecting officer determines that a public nuisance exists on private premises but that such nuisance does not threaten great and immediate danger to the public health, safety, peace, morals, or decency, he or she 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 10 days, the proper officer shall cause the nuisance to be removed as provided in Section 11.36(2).
(5)
Other Methods Not Excluded. Nothing in this section shall be construed
as prohibiting the abatement of public nuisances by the Village or
its officials in accordance with the laws of the state.
(6)
Court Order. Except when necessary under Section 11.36 (2), an officer hereunder shall not use force to obtain access to private property to abate a public nuisance, but shall request permission to enter upon private property if such premises are occupied and if such permission is denied, shall apply to any court having jurisdiction for an order assisting the abatement of the public nuisance.
In addition to any other penalty imposed by this section 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 costs shall be assessed
against the real estate as a special charge.
(1)
GARBAGE
LITTER
RECEPTACLES, PRIVATE AND PUBLIC
REFUSE
RUBBISH
Definitions. For the purpose of this section, the following terms,
phrases, words, and their derivations shall have the meaning given:
Waste resulting from the handling, cooking, processing, preparation,
serving, storage, and consumption of food, including animal, fish,
fowl, fruits, vegetables, or other matter which is subject to decomposition,
decay, putrefaction, and the generation of offensive and noxious gases
or odors.
Garbage, refuse, and rubbish as defined herein and all other
waste material which, if thrown or deposited as herein prohibited,
tends to create a danger to public health, safety, and welfare.
Private receptacles are containers made of durable, rust
resistant, water tight, rodent proof, and easily cleaned material
with close-fitting fly tight covers. Public receptacles are litter
containers which are placed on Village roadways or fastened to poles
and maintained by the Village and marked as "litter receptacles".
All putrescible and nonputrescible solid wastes including
ashes, street cleanings, dead animals, and all other abandoned personal
property and solid market and industrial waste. Refuse includes animal
offal, the droppings from pet animals, manure, and night soil.
Non-putrescible and solid wastes, both combustible and non-combustible,
including, but not limited to, circulars, leaflets, pamphlets, wrappers,
handbills, newspapers, and any other printed or non-printed paper
material, cigarettes, cardboard, tin cans, yard clippings, leaves,
wood, glass, and other similar materials.
(2)
Litter in Public Places. No person shall throw, deposit, or cause
to be placed, litter upon any street, sidewalk, alley, or other public
place within the Village except in public receptacles provided by
the Village.
(3)
Placement of Litter in Receptacles so as to Prevent Scattering. Persons
placing litter in public receptacles or in authorized private receptacles
shall do so in such a manner and in such containers as will prevent
it from being carried or deposited by the elements upon any street,
sidewalk, alley, or other public place or upon private property within
the Village.
(4)
Sweeping Litter into Gutters Prohibited. No person shall sweep into
or deposit in any gutter, street, alley, or other public place within
the Village the accumulation of litter from any building or lot or
from any public or private sidewalk or driveway. Persons owning or
occupying the property shall keep the sidewalks, entrance walks, parking
lots, and parking areas in front of or upon their premises free of
litter.
(5)
Litter in Public Waters. No person shall throw or deposit litter
in any fountain, pond, wading pool, river, bay, or other body of water
in a public or private place or elsewhere within the Village.
(6)
Litter on Occupied Private Property. No person shall throw or deposit
litter on any occupied private property within the Village, whether
owned by such person or not, except the owner or person in control
of private property may maintain authorized private receptacles for
collection in such a manner that litter will be prevented from being
carried or deposited by the elements upon any street, sidewalk, alley,
or other public place or any private property.
(7)
Owner to Maintain Premises Free of Litter.
(a)
The owner or person in control of any private property shall
at all times maintain the premises free of litter; provided, however,
this section shall not prohibit the storage of litter in an authorized
private receptacle for collection.
(b)
Littering at Razing or Removal Site. No person or owner shall
leave litter, building debris, excavations, or ground piles on property
on which a building is being razed or from which a building has been
moved. If work is not being done in a satisfactory manner or is not
progressing thus causing a public safety hazard and nuisance, the
Building Inspector, after a written notice specifying a definite period
within which persons concerned shall clean up the property and level
off the ground to the adjoining level, shall cause such work to be
done; and the cost thereof shall be borne by the property or the property
owner.
(8)
Litter on Vacant Lot. No person shall throw or deposit litter on
any open or vacant private property or public property within the
Village whether owned by such person or not.
(9)
Animal Offal and Other Offensive Wastes. It is expressly recognized
that animal offal, the droppings from pet animals, manure, and night
soil, create a danger to public health, safety, and welfare when deposited
on the roadway, or upon the shoulders of public roadways or shoulders
of private property. It shall be the responsibility of the owner of
such animals to dispose of such wastes in a sanitary manner as provided
above.
(10)
Litter from Vehicles.
(a)
The operator of every vehicle and trailer transporting solid
waste materials or other materials within the Village shall provide
proper devices necessary to completely secure the solid waste or other
materials. Tarps are required for materials such as paper and plastic
products and other material, which because of size, weight and configuration
could blow or bounce off the vehicle. Tailgates in an upright position,
backboards of at least one foot in height, ropes, chains, straps,
or a combination of these devices is required to completely secure
other solid waste materials or other materials to prevent blowing,
bouncing, leaking, falling or spillage. Materials shall not extend
above the side, front or back of the cargo-carrying portion of the
vehicle unless the material is securely fastened to the vehicle.
(b)
No person shall throw or discard any litter materials out of
any vehicle onto any roadway or public or private property within
the Village.
