[Adopted as §§ 3.401 through 3.405, 3.809,
3.812, 3.813 of the 2000 Code; amended in its entirety 4-8-2020 by Ord. No. 2020-06]
The Village of Hobart Board finds that any premises that has
generated three or more calls for service, fire calls, building inspection,
health department, or any combination of, for nuisance activities
or has received more than the level of general and adequate police
service and has placed an undue and inappropriate burden on the taxpayers
of the Village is a nuisance property. The Village Board therefore
directs the chief of police, as provided in this section, to charge
the owners of such premises the costs associated with abating the
violations at the premises at which nuisance activity chronically
occur.
No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the Village of Hobart.
No person shall have or permit on any premises owned or occupied
by him any open cisterns, cesspools, wells, unused basements, excavations
or other dangerous openings. All such places shall be filled, securely
covered or fastened in such manner as to prevent injury to any person
and any cover shall be of such design, size and weight that the same
cannot be removed by small children.
No person shall leave or permit to remain outside any dwelling,
building or other structure or within any unoccupied or abandoned
building, dwelling or other structure under his control in a place
accessible to children any abandoned, unattended or discarded icebox,
refrigerator or other container having an airtight door or lid, snap
lock or other locking device which may not be released from the inside
unless such door or lid, snap lock or other locking device has been
removed from such icebox, refrigerator or container or unless such
container is displayed for sale on the premises of the owner or his
agent and is securely locked or fastened.
In addition to any other penalty imposed by this Code 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, or shall be assessed against
the real estate. Cost recovery means those costs for service incurred
by the Village in connection with a response to any public safety
or fire incident, including, but not limited to, the actual labor
and material costs of the Village (including, without limitation,
employee wages, fringe benefits, administrative overhead, costs of
equipment, costs of equipment operation, costs of all materials, costs
of transportation, costs of material disposal and costs of contracted
labor) whether or not the services are provided by the Village or
by a third party on behalf of the Village. Service charges and interest;
attorney fees, litigation costs and any costs, charges, fines or penalties
to the Village imposed by any court or state or federal governmental
entities.
A. Wherever this article imposes the cost of abatement as a special
charge against the premises, the Village elects not to be subject
to the administrative review provisions contained within Chapter 68
of the Wisconsin Statutes, and establishes the following as a complete
and final review procedure: As a condition precedent to challenging
any special charge, the owner of the premises must timely pay the
charge in full under protest to the Village. An appeal shall be to
the Village Administrator and can be undertaken only by filing a written
appeal with the Village Clerk-Treasurer concurrent with the date of
payment. The written appeal shall specify all grounds for challenge
to the amount of the special charge and shall state the amount of
charge that the appellant considers to be appropriate. Failure to
timely and properly appeal shall deprive the Village Administrator
of jurisdiction to hear the appeal.
(1) The Village Administrator shall have 60 calendar days to consider
an appeal under this subsection. In considering an appeal, the Village
Administrator shall determine whether the charge is fair and reasonable
and, in the event the appeal is granted, whether or not a refund is
due the appellant and the amount of the refund. The Village Administrator
shall conduct a formal or informal hearing at such time and place
as designated in a hearing notice to the appellant, providing five
business days' notice to the appellant. The Village Administrator
shall obtain sufficient facts upon which to make a determination.
The decision shall be based upon the evidence presented. The Village
Administrator shall notify the appellant in writing of the determination
by first class mail addressed to the individual and at the address
listed within the appeal. Service is conclusive upon mailing.
(2) The decision of the Village Administrator is final except if the
owner of the premises appeals the decision to a court of competent
jurisdiction. Such appeal shall be filed no later than 30 calendar
days after the date of mailing the decision of the Village Administrator.
Such appeal shall be by writ of certiorari and the reviewing court
shall be limited solely to the record created before the Village Administrator.
Costs, but not attorney fees, shall be awarded to the prevailing party,
at the sole discretion of the court. Failure to timely and properly
appeal shall deprive the court of jurisdiction to hear the appeal.
The penalty for violation of any provision of this article shall be as provided in §
1-3. Each day of continuing violation shall constitute a separate offense.
[Adopted as § 3.6 of the 2000 Code; amended in
its entirety 4-8-2020 by Ord. No. 2020-06]
Any business considered to be nauseous or offensive is declared
to be a public nuisance and an action for the abatement or removal
thereof or to obtain an injunction to prevent the same may be authorized
to be brought and maintained by the Village Board.
Any business considered to be nauseous or offensive shall be deemed unlawful, and any person, firm, or corporation may, at the discretion of the court, upon conviction, be subject to the penalties provided in §
1-3. Each day that a violation continues to exist shall constitute a separate offense.
All farm operations are to be excluded from this article.