Village of Sullivan, WI Chapter 327 Nuisances

[HISTORY: Adopted by the Village Board of the Village of Sullivan 8-22-2006 (Title 11, Ch. 6, of the 2006 Code of Ordinances). Amendments noted where applicable.]

§ 327-1 Title; authority; public nuisances prohibited.

A. Title; purpose. The title of this chapter is the "Village of Sullivan Public Nuisance Ordinance." The purpose of this chapter is to regulate for public health and safety reasons public nuisances and certain uses and activities in the Village of Sullivan.

B. Authority. The Village Board has the specific authority under §§ 29.038, 66.0407, 66.0413, 125.14, 169.01 and 175.25, and Ch. 823, Wis. Stats., to adopt this chapter.

C. Public nuisances prohibited. No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the Village of Sullivan, Jefferson County, Wisconsin.

§ 327-2 Definitions.

The following definitions shall be applicable in this chapter in addition to those definitions found in § 299-2 of Chapter 299, Housing Code, of this Code; in case of conflict, the most restrictive definition shall be applicable:

AGRICULTURAL USE

Any beekeeping, commercial feed lots, dairying, egg production, floriculture, fish or fur farming, forest and game management, grazing, livestock raising, orchards, plant greenhouses and nurseries, poultry raising, raising of grain, grass, mint and seed crops, raising of fruits, nuts and berries, sod farming, placing land in federal programs in return for payments in kind, owning land, at least 35 acres of which is enrolled in the conservation reserve program under 16 U.S.C. §§ 3831 to 3836, participating in the milk production termination program under 7 U.S.C. § 1446(d), and vegetable raising.

APPLIANCE

Any household or office device, instrument, utensil, or apparatus or machine that utilizes power, including, but not limited to, any stove, washer, dryer, refrigerator, dishwasher, freezer, water heater, water pump, furnace, television set, home entertainment device, any computer or peripheral device or other electronic device.

BUILDING

Any building or structure or any portion of a building or structure.

DEBRIS

Any litter, junk, wood, bricks, paper, cement, concrete blocks, or any other unsightly accumulation of items or materials that may tend to depreciate property values in the adjacent or near area, create a blighted condition, present a substantial threat to public health or safety, create a public nuisance or public safety or health hazard, except when such items are determined by the Village Board, Village committee or other agent of the Village to be stored or housed out of public view and are not treated and maintained so as to be a public nuisance.

EQUIPMENT

Goods used or bought for use primarily in a business or profession, including farming.

HAZARDOUS WASTE

Any solid waste identified by the Wisconsin Department of Natural Resources as hazardous under § 291.05(2), Wis. Stats., or its successor provisions.

JUNK

Scrap metal, metal alloy, wood, concrete, synthetic or organic material, or any junked, inoperative, unlicensed, or unregistered motor vehicle structures, equipment, furniture, appliances, or machinery, or any part thereof. This definition of "junk" includes refuse, used tires, parts of dismantled buildings, agricultural use equipment not in usable condition, parts of agricultural use equipment, and contaminated recyclable material.

JUNKED

Dismantled for parts or scrapped.

JUNKYARD

Any place which is owned, maintained, operated or used for storing, keeping, processing, buying or selling junk, including refuse dumps, garbage dumps, automobile graveyards, scrap metal processors, auto-wrecking yards, salvage yards, auto-recycling yards, used auto parts yards and temporary storage of automobile bodies or parts awaiting disposal as a normal part of a business operation when the business will continually have like materials located on the premises, and sanitary landfills. The definition does not include litter, trash, and other debris scattered along or upon the highway, or temporary operations and outdoor storage of limited duration.

LOCAL ZONING AND LAND USE REGULATION

Any applicable Village Official Map, zoning, subdivision, land division, platting, building code, building permit, or other ordinance adopted pursuant to general police powers that is applicable in any manner to the use of land.

MACHINERY

A device or assemblage of parts that transmits forces, motion or energy from one part to another in a predetermined way by electrical, mechanical or chemical means. "Machinery" does not include a building.

MOTOR VEHICLE

A vehicle, including a combination of two or more vehicles or an articulated vehicle, that is self-propelled, except a vehicle operated exclusively on a rail, with or without a current and valid registration issued by the State of Wisconsin or other state to the owner of the vehicles.

NOT REGISTERED

In reference to all-terrain vehicles, as defined in § 340.01(2g), Wis. Stats., "snowmobiles" as defined in § 340.01(58a), Wis. Stats., or "boat" as defined in § 29.001(16), Wis. Stats., are those that are required to, but do not have nor bear any current and valid State of Wisconsin registrations.

PUBLIC NUISANCE

A. A thing, act, occupation, condition or use of property which shall continue 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 for passage any street, alley, highway, navigable body of water or other public way or the use of public property.

B. Any condition or use of premises or of building exteriors which is detrimental to the property of others or which causes or tends to cause substantial diminution in the value of other property in the neighborhood in which such premises are located.

C. Includes a property with nuisance vehicles as defined in Chapter 432, Vehicles, Abandoned and Junked, , and chronic nuisance premises and nuisance activities defined in § 327-10B of Chapter 327, Nuisances, of this Code.

RECYCLABLE MATERIAL

Material that is suitable for recycling.

SCRAP METAL PROCESSOR

A fixed location at which machinery and equipment are utilized for the processing and manufacturing of iron, steel or nonferrous metallic scrap into prepared grades and whose principal product is scrap iron, scrap steel, or nonferrous metal scrap for sale for remelting purposes.

SOLID WASTE

Any garbage, refuse, sludge, ash, paper, wood, metal, glass, cloth, plastic, lumber, concrete, food waste, and other organics, boxes, barrels, and other containers, tires, and other like materials. "Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded or salvageable materials, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solids or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permits under Ch. 283, Wis. Stats., or source material, as defined in § 254.31(10), Wis. Stats., special nuclear material as defined in § 254.31(11), Wis. Stats., or by- product material, as defined in § 254.31(1), Wis. Stats. "Solid waste" includes paper, wood, metal, glass, cloth, plastic, lumber, concrete, food waste, and other organics, boxes, barrels, and other containers, tires and other like materials, debris and junk.

SOLID WASTE FACILITY

A facility for solid waste treatment, solid waste storage or solid waste disposal, and includes commercial, industrial, municipal, state and federal establishments or operations such as, without limitation because of enumeration, sanitary landfills, dumps, land disposal sites, incinerators, transfer stations, storage facilities, collection and transportation services and processing, treatment and recovery facilities. This term includes the land where the facility is located. This term does not include a facility for the processing of scrap iron, steel or nonferrous metal using large machines to produce a principal product of scrap metal for sale or use for remelting purposes. This term does not include a facility which uses large machines to sort, grade, compact or bale clean wastepaper, fibers or plastics, not mixed with other solid waste, for sale or use for recycling purposes. This term does not include an auto junkyard or scrap metal salvage yard.

UNLICENSED or UNREGISTERED

In reference to motor vehicles, mobile homes, manufactured homes, camper trailers, recreational vehicles, truck bodies, semi-trailers, or trailers, are those that are required for operation in the state, but do not have nor bear required current and valid State of Wisconsin licenses or registration.

VEHICLE

A. Every device in, upon, or by which any person or property is or may be transported. "Vehicle" includes, but is not limited to, all of the following:

(1) AIRCRAFT As defined in § 29.001(6), Wis. Stats.

(2) ALL-TERRAIN VEHICLES As defined in § 340.01(2g), Wis. Stats.

(3) ANTIQUE VEHICLES As described in § 341.265, Wis. Stats.

(4) AUTOMOBILES As defined in § 340.01(4), Wis. Stats.

(5) BOATS As defined in § 29.001(16), Wis. Stats.

(6) CAMPING TRAILERS As defined in § 340.01(6m), Wis. Stats.

(7) FARM EQUIPMENT As defined in § 100.47(1), Wis. Stats.

(8) FARM TRACTORS As defined in § 340.01(16), Wis. Stats.

(9) HOBBYIST OR HOMEMADE VEHICLES As defined in § 341.268, Wis. Stats.

(10) JUNK VEHICLES As defined in § 340.01(25j), Wis. Stats.

(11) IMPLEMENTS OF HUSBANDRY As defined in § 340.01(24), Wis. Stats.

(12) MANUFACTURED HOMES As defined in § 101.91(2), Wis. Stats.

(13) MOBILE HOMES As defined in § 340.01(29), Wis. Stats.

(14) MOPEDS As defined in § 340.01(29m), Wis. Stats.

(15) MOTOR BICYCLES As defined in § 340.01(30), Wis. Stats.

(16) MOTOR BUSES As defined in § 340.01(31), Wis. Stats.

(17) MOTOR HOMES As defined in § 340.01(33m), Wis. Stats.

(18) MOTOR TRUCKS As defined in § 340.01(34), Wis. Stats.

(19) MOTORCYCLES As defined in § 340.01(32), Wis. Stats.

(20) RAILROAD TRAINS As defined in § 340.01(48), Wis. Stats.

(21) RECREATIONAL VEHICLES As defined in § 340.01(48r), Wis. Stats.

(22) ROAD MACHINERY As defined in § 340.01(52), Wis. Stats.

(23) ROAD TRACTORS As defined in § 340.01(53), Wis. Stats.

(24) SALVAGE VEHICLES As defined in § 340.01(55g), Wis. Stats.

(25) SCHOOL BUSES As defined in § 340.01(56), Wis. Stats.

(26) SEMITRAILERS As defined in § 340.01(57), Wis. Stats.

(27) SNOWMOBILES As defined in § 340.01(58a), Wis. Stats.

(28) SPECIAL INTEREST VEHICLES As defined in § 341.266, Wis. Stats.

(29) TRAILERS As defined in § 340.01(71), Wis. Stats.

(30) TRUCK TRACTORS As defined in § 340.01(73), Wis. Stats.

(31) Unlicensed demolition motor vehicles, unlicensed racing motor vehicles, and go-carts, garden tractors, riding lawn mowers, and other motorized tractors, motorized carts, and motorized utility vehicles that require no registration or licensure by the State of Wisconsin.

VILLAGE COMMITTEE

A committee or commission established by the Village Board to address and aid in regulation of those uses and activities that may cause public nuisance or public health and safety threats in the Village.

WILD ANIMAL

Any animal of a wild nature that is normally found in the wild and that is not a domestic animal.

§ 327-3 Public nuisances affecting health or safety.

No person may create, contrive, erect, maintain, cause, continue, install, construct or permit to exist in the Village of Sullivan a public nuisance associated with, causing, or likely to cause danger, disturbance, or injury to the public health or safety. The following acts, uses, activities, things, occupations, places or physical conditions, not properly and timely removed, after written notice to remove from the Village Board to any owner or occupant of the land where the act, use, activity, thing, occupation, place, or physical condition exists, is located, or occurred or to any person responsible for the creation, maintenance, or providing of the act, use, activity, thing, occupation, place, or physical condition, are specifically declared to be a public nuisance.

A. Noxious weed areas. Pursuant to §§ 285-4, 285-5 and/or 285-6 of Chapter 285, Health and Sanitation, of this Code, any place in the Village of Sullivan where noxious weeds conditions are over eight inches high, are located on private or public land conditions and are not timely cut or removed within five days after posting or publication of a notice to destroy noxious weeds under § 66.0407, Wis. Stats., and § 285-4 of Chapter 285, Health and Sanitation, or within five days after receipt of written notice to remove such weeds from the Village of Sullivan.

B. Unburied animal carcass areas. Any place in the Village of Sullivan where unburied animal carcasses are located on private or public land and are not timely removed or discarded, including timely burial in a sanitary manner, within five days after receipt of written notice to remove such carcasses from the Village Board or designee. This subsection does not apply to any animal or pet cemetery approved in writing by the Village of Sullivan.

C. Noxious or polluted or waste areas. Any place in the Village of Sullivan where noxious, nauseous, unwholesome, or polluted water and waste are located on private or public land, including Village roads, highways, bridges, sidewalks, alleys, or other public lands owned or controlled by the Village, and these conditions are not timely removed within 30 days after receipt of written notice from the Village Board or designee.

D. Noxious emission odor areas. Any place in the Village where noxious odor, stench, or gas escapes or is emitted into the open air from sources located on public or private land, and these conditions are not timely removed or discontinued within 30 days after receipt of written notice to remove from the Village Board. "Noxious odor" means an odor that is extremely repulsive to the senses of ordinary persons in the Village that seriously annoys or causes serious discomfort or serious injury to the health or causes serious inconvenience to the health or safety of a significant number of persons within the Village, as determined by the Village Board.

E. Rat or vermin areas. Per § 285-9 of Chapter 285, Health and Sanitation, of this Code, any place in the Village where rats or other vermin are located or frequent, on public or private land, and those conditions are not removed or destroyed within 10 days after receipt of written notice to remove from the Village Board or designee.

F. Unauthorized human burial area. Any place in the Village where the body of a deceased person or parts of a deceased person are located and buried on private or public land in the Village without written approval of the Village Board and are not timely removed within 30 days after receipt of written notice to remove from the Village Board. This subsection does not apply to any established cemetery or burial site grounds approved, owned and operated in accordance with Ch. 157, Wis. Stats.

G. Hazardous, toxic or solid waste facility or site areas. Any place or solid waste facility in the Village where the discharge, disposal, storage or treatment of hazardous, toxic, or solid waste occurs on private or public lands without approval and licensing or permitting of the discharge, disposal, storage or treatment by all proper federal, state, county and Village governing authorities and full compliance with all applicable laws, rules, regulations or ordinances of the federal, state, county or Village, and the activity or condition is not timely removed or discontinued within 30 days after receipt of written notice to remove from the Village Board. To constitute a public nuisance under this subsection, an area, facility or site must threaten or cause serious discomfort or serious injury to the health or cause serious inconvenience to the health or safety of a significant number of persons within the Village, as determined by the Village Board.

H. Dangerous wild animal areas. Any place in the Village where live dangerous wild animals are kept, sold, or in any manner controlled or possessed on private or public land without written approval of the Village Board and/or in violation of any applicable animal control ordinance in Chapter 152, Animals, Article I, Dog Licensing; Regulation of Animals, of this Code, and the animals are not removed or destroyed within 10 days after receipt of written notice from the Village Board unless written approval of the Village Board is obtained within said time. To constitute a dangerous wild animal under this subsection, the species of animal must pose a threat to the safety of persons within the Village, including a keeper of such animal, as determined by the Village Board. It is not necessary that the Village Board finds that a specific animal is dangerous in order to find a nuisance under this subsection.

I. Improper sewage areas. Any place in the Village where effluent from a septic system, sewer, holding tank, cesspool, or other human waste container is located on private or public land and the effluent is not timely removed or properly treated within 10 days after receipt of written notice to remove from the Village Board or its designee.

J. Dangerous or dilapidated building areas. Any place in the Village where a building or structure, the contents therein, or any associated electrical, heat, water or sewer system located on public or private lands is so old, dilapidated, or out of repair as to be dangerous, unsafe, unsanitary, in violation of Village ordinances, or otherwise render the building unfit for human habitation are not timely removed or discontinued within 30 days of receipt of written notice to remove from the Village Board or designee.

K. Dangerous tree areas. Any place in the Village where any trees or the tree's limbs located on private or public lands constitute a dangerous or unsafe condition per Chapter 425, Trees and Shrubs, of the Village of Sullivan Code, and these dangerous or unsafe conditions have not been timely removed within 30 days after receipt of written notice to remove from the Village Board or its designee.

L. Fire hazard areas. Any place in the Village where combustible materials are located and stored on private or public lands and the materials are not timely removed or safely stored within 10 days after receipt of written notice from the Village Board, Building Inspector, Fire Inspector or designee.

M. Improper encroachment or discharge areas. Any unauthorized or improper encroachments and discharges, including solid waste, trees, limbs, vehicles, structures, equipment, signs, manure, weeds, crops, and other materials on any Village roadway or on other Village public lands without written permission from the Village Board, and the improper or unauthorized encroachment or discharge is not timely removed or discontinued within 30 days of the receipt of written notice to remove from the Village Board or designee.

N. Junked vehicles, refuse and appliances. Junked, unlicensed, disassembled or inoperable vehicles, refuse and appliances stored outside, in violation of § 432-8 of Chapter 432, Vehicles, Abandoned and Junked, of this Code, are public nuisances under this section.

O. Unlicensed or unregistered vehicles. Any place in the Village where upon private property an unlicensed or unregistered vehicle is parked, stored, or otherwise kept outside a building in violation of § 432-8 of Chapter 432, Vehicles, Abandoned and Junked, without the written permission of the Village Board or designee that is not timely removed or discontinued within 10 days of receipt of written notice to remove from the Village Board, or designee, unless applicable exemptions apply.

P. Animals at large. All animals running at large or otherwise in violation of any provision in Chapter 152, Animals, Article I, Dog Licensing; Regulation of Animals, of this Code.

Q. Abandoned wells. All abandoned wells not securely covered or secured from public use.

R. Improperly removed snow/ice. All snow and/or ice not removed from public sidewalks within 24 hours after it has ceased to fall or accumulate thereon in violation of § 299-7 of Chapter 299, Housing Code, of this Code.

§ 327-4 Public nuisances offending morals and decency.

No person shall create, continue, erect, maintain, cause, continue, install, construct, or permit to exist in the Village of Sullivan a public nuisance associated with, causing or likely to cause danger, disturbance, or injury to public morals or decency. The following acts, uses, activities, things, occupations, places, or physical conditions, not properly and timely removed by the owner or occupant of the land, after written notice to remove from the Village Board or designee to the owner or occupant of the land where the public nuisance occurs or to any person responsible for the creation, maintenance, or permitting of such nuisance in the Village of Sullivan, are specifically declared to be a public nuisance:

A. Improper establishments. Pursuant to § 823.09, Wis. Stats., whoever shall erect, establish, continue, maintain, use, occupy, or lease any building or part of building, erection or place to be used for the purpose of lewdness, assignation or prostitution, or permit the same to be used, in the State of Wisconsin, shall be guilty of a nuisance and the building, erection, or place, in or upon which such lewdness, assignation or prostitution is conducted, permitted, carried on, continued or exists, and the furniture, fixtures, musical instrument and contents used therewith for the same purpose are declared a nuisance, and shall be enjoined and abated.

B. Illegal drug houses. Pursuant to § 823.113(1), Wis. Stats., any building or structure that is used to facilitate the delivery, distribution or manufacture, as defined in § 961.01(6), (9) and (13), Wis. Stats., respectively, of a controlled substance, as defined in § 961.01(4), Wis. Stats., or a controlled substance analog, as defined in §  961.01(4m), Wis. Stats., and any building or structure where those acts take place, is a public nuisance and may be proceeded against under § 823.113, Wis. Stats.

C. Criminal gang houses. Pursuant to § 823.113(1), Wis. Stats., any building or structure that is used as a meeting place of a criminal gang, as defined in § 939.22(9), Wis. Stats., or that is used to facilitate the activities of a criminal gang, is a public nuisance and may be proceeded against under § 823.113, Wis. Stats.

D. Gambling houses. Pursuant to § 823.20, Wis. Stats., any gambling place, as defined in § 945.01(4)(a), Wis. Stats., is a public nuisance and may be proceeded against under Ch. 823, Wis. Stats.

E. Illegal alcohol houses. Pursuant to § 125.14(5), Wis. Stats., any building or place where alcoholic beverages or alcohol is sold, possessed, stored, brewed, bottled, manufactured or rectified without a valid permit or license issued under this chapter or Ch. 139, Wis. Stats., or where persons are permitted to drink alcoholic beverages in violation of Ch. 125, Wis. Stats., is a public nuisance and may be closed until the activity in violation of Ch. 125, Wis. Stats., is abated. When the activity is abated, the building or place may be used for any lawful purpose.

F. Continuous violation of Village ordinances. Any place or premises within the Village of Sullivan where Village ordinances or state laws relating to public health, safety, peace, morals or welfare are openly, continuously, repeatedly and intentionally violated.

§ 327-5 Public nuisances affecting peace and safety.

No person shall create, contrive, erect, maintain, cause, continue, install, construct, or permit to exist in the Village of Sullivan a public nuisance associated with, causing or likely to cause, potential danger, disturbance or injury to the public peace and order. The following acts, uses, activities, things, occupations, places, or physical conditions, not properly and timely removed, after written notice to remove from the Village Board or designee to the owner or occupant of the land where the public nuisance occurred or is maintained or to any person responsible for the creation, maintenance, or permitting of such nuisance in the Village of Sullivan, are specifically declared to be a public nuisance:

A. Loud noise areas. Per § 348-9 of Chapter 348, Peace and Good Order, of this Code, any place in the Village of Sullivan where any unreasonably loud, discordant and unnecessary sound conditions, including sounds from nonfarm animals or from any human created or aided sounds, including alleged music, is located on private or public land, without written approval of the Village Board or its designee and is not timely removed or discontinued within 10 days of the written receipt of notice to remove from the Village Board or designee.

B. Disorderly conduct area. Any place in the Village where unpermitted, abusive, indecent, profane, or boisterous sounds, unpermitted fighting, brawling, or rioting or other unpermitted disorderly conduct conditions are located or occur on private or public lands and these disorderly conditions have not been timely removed or discontinued within 10 days of receipt of written notice to remove from the Village Board or designee.

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 traffic 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. Open excavations. All open and unguarded pits, wells, excavations or unused basements accessible from any public street, alley or sidewalk.

F. Abandoned refrigerators. No person shall leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure under his/her control in a place accessible to children any abandoned, unattended or discarded 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 said door or lid, snap lock or other locking device from said icebox, refrigerator or container, unless such container is displayed for sale on the premises of the owner or his/her agent and is securely locked or fastened.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

G. 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.

H. Dangerous trees. All trees which are a menace to public safety or are the cause of substantial annoyance to the general public.

I. Dilapidated buildings. All buildings or structures that are in violation of Village ordinances and so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human use.

§ 327-6 Public nuisances regarding junk, recreational equipment or firewood.

A. Generally. The following are also declared to be public nuisances wherever they may be found within the Village of Sullivan:

(1) Parking of vehicles in street yard contrary to Subsection B.

(2) Storage of junk contrary to Subsection C.

(3) Parking or storage of recreational equipment contrary to Subsection D.

(4) Storage of firewood contrary to Subsection E.

B. Street yard parking.

(1) Purpose. It is hereby recognized that uncontrolled residential off-street parking, specifically in residential street yards, is a public nuisance. The purpose of this section is to provide for the regulation of residential off-street parking and to specify the requirements for residential off-street parking as they pertain to the appearance and the health, safety and welfare of the Village of Sullivan and its residents.

(2) Definitions. The words or phases used herein shall be as defined in Chapter 485, Zoning, of this Code, or as defined below.

DRIVE APRON

The connection between a driveway and the traveled portion of a street, in the public right-of-way, including any sidewalk area abutting thereon.

DRIVEWAY

An improved surface maintained for motor vehicle access and parking. Such surfaces include those located from street entrance to garage or parking area, and those used specifically for circular turnaround or circular through traffic.

IMPROVED SURFACE

A surface of bituminous or portland cement concrete or other material, other than grass, such as crushed rock, gravel or other materials, laid over subsoil, which provides a hard driving surface, resists rutting, provides for sufficient water runoff and is graded and drained to dispose of all surface water.

MOTOR VEHICLE

A vehicle as defined in § 340.01, Wis. Stats.

PARKING PAD

An improved surface which is not a driveway or drive apron, connected to a driveway upon which vehicles are parked.

RESIDENTIAL

Any single-family dwelling or two-family dwelling in any residential district or any dwelling formerly single-family or two-family in any district which has been converted to a boardinghouse or lodging house or other multiple-family dwellings.

(3) Parking standards. The parking of any motor vehicle upon a residential lot shall be in compliance with the following standards and Chapter 215, Driveways, of this Code, whichever is most restrictive:

(a) Permitted parking area. The parking of any motor vehicle within the street yard shall be on a driveway or parking pad.

(b) Front yard parking pads restricted. No parking pad shall be allowed in the street yards except:

[1] The Board of Appeals is granted the authority to grant a variance from this requirement in circumstances where sufficient space is neither available in any side yard nor in the rear yard, upon such terms and conditions as the Board requires; provided, however, that the parking pad be shielded from the street by landscaping, hedges or decorative fencing;

[2] In a licensed mobile home park, a parking pad for a maximum of two vehicles shall be allowed in the street yard.

(c) Single-width driveways. A single-width driveway running from the street access to a garage or parking pad shall not utilize more than 20% of any street yard, except for street yards with a street footage width of less than 70 feet, in which case the maximum width for a single driveway shall be 11 feet.

(d) Double-width driveways. A double-width driveway running from the street access to a garage or parking pad shall not utilize more than 27% of any street yard, provided the maximum width of a driveway shall not exceed 24 feet in any case and shall not exceed 18 feet for street yards with a street footage width of less than 70 feet.

(e) Triple-width driveways. A triple-width driveway running from the street access to a garage or parking pad shall not utilize more than 35% of any street yard, provided that the maximum width of a driveway shall not exceed 30 feet in any case, and shall not be permitted for street yards with a street footage width of less than 80 feet.

(f) Circular driveways. Circular driveways used for turnaround or through traffic shall not utilize more than 30% of any street yard and shall not be permitted for street yards with a street footage width of less than 80 feet.

(g) Setback areas. On residential lots, the required street yard setback shall not be considered a part of the permitted parking area but shall be landscaped, except that motor vehicle parking shall be permitted in a legal driveway or garage and except that the Board of Appeals is granted the authority to grant a variance from this requirement upon such terms and conditions as the Board requires, in circumstances where sufficient space is neither available in any side yard nor in the rear yard.

(4) Penalties. Each and every violation of the provisions of this section shall constitute a separate offense and each and every day any provision of this section is violated shall constitute a separate offense for which a forfeiture may be imposed.

C. Storage of junk prohibited.

(1) No person shall accumulate, store or allow any junk outside of any building on any public or private property located in the Village of Sullivan in violation of § 432-8 of Chapter 432, Vehicles, Abandoned and Junked, of this Code.

(2) "Junk" means worn out or discarded material of little or no value including, but not limited to, household appliances or parts thereof, machinery and equipment or parts thereof, tires, tools, discarded building materials, or any other unsightly debris, the accumulation of which has an adverse effect upon health, safety or general welfare or which annoys any appreciable number of reasonable persons in the Village. Also included are all definitions contained in § 432-8 of Chapter 432, Vehicles, Abandoned and Junked, of this Code.

D. Storage of recreational equipment regulated. No person shall park or store any recreational equipment in any street yard, whether or not on a driveway or parking pad, for a period of more than 72 hours. "Recreational equipment" shall be defined as race cars, demolition cars, mud bogging vehicles, truck and tractor pulling vehicles and/or any other related equipment or accessories.

E. Storage of firewood regulated. Violation of § 485-83 of Chapter 485, Zoning, of this Code shall be considered to be a public nuisance.

§ 327-7 Abatement of public nuisances.

A. Nuisances prohibited.

(1) Nuisances not to be maintained. No person may maintain or permit a public nuisance within the Village of Sullivan.

(2) Criteria. The Village Board determines that a nuisance is unreasonable activity or use of property that interferes substantially with the comfortable enjoyment of life, health, or safety of another or others. Criteria for a public nuisance include, but not limited to, those grounds listed in § 327-6 and as follows:

(a) The number of people affected;

(b) The location of the operation or property;

(c) The degree or character of the injury inflicted or the right impinged upon;

(d) The reasonableness of the use of the property;

(e) The nature of the business maintained;

(f) The proximity of dwellings to the business; and

(g) The nature of the surrounding or community.

(3) Repeated offenses. Repeated violations of a Village ordinance or regulation constitutes a public nuisance as a matter of law.

B. Summary abatement.

(1) Order; notice.

(a) If the enforcement official of the Village determines that a public nuisance exists within the Village of Sullivan and that there is imminent danger to public health, safety, peace, morals, comfort or welfare, the enforcement official, or his/her designee, may, without notice or hearing, issue an order reciting the existence of a public nuisance constituting an imminent danger to the public and requiring that prompt action be taken as such official deems necessary to abate the nuisance. Notwithstanding any other provisions of this chapter, the order shall be effective immediately.

(b) Notice of the order shall be personally served, or delivered by certified mail, by the enforcement official or his/her deputy on the owner and/or occupant of the premises where such nuisance is caused, maintained or permitted; a copy of such notice shall also be posted on the premises. Such order shall direct the person causing, maintaining or permitting such nuisance, or the owner and/or occupant of the premises, to abate or remove such nuisance within a period not less than 24 hours or greater than seven days, 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 and/or person causing, maintaining or permitting the nuisance, as the case may be. Any person to whom such order is directed shall comply with the order immediately.

(2) Abatement by Village. Whenever the owner or occupant shall refuse or neglect to remove or abate the condition described in the order, or if the nuisance is not abated within the time period provided, or if the owner, occupant or person causing or maintaining the nuisance cannot be found, the Village official having the duty of enforcement shall cause the abatement or removal of such public nuisance. The Village shall recover the expenses incurred thereby from the owner and/or occupant of the premises or from the person(s) who has caused or permitted the nuisance.

C. Nonsummary abatement.

(1) Order; notice. If the enforcing official determines that a public nuisance exists on private premises but that the nature of such nuisance is not such as to threaten imminent danger to the public health, safety, peace, comfort, morals or welfare, the enforcing official shall issue an order reciting the existence of a public nuisance and requiring the owner and/or occupant of the premises to remove or abate the condition described in the order within the time period specified therein. The order shall be personally served on the owner of the property, as well as the occupant if different from the owner and applicable to the nuisances cited or, at the option of the enforcing official, the notice may be mailed to the last known address of the person to be served by certified mail with return receipt. If the owner or the occupant cannot be served, the order may be served by posting it on the main entrance of the premises and by publishing as a Class 3 notice under Ch. 985, Wis. Stats. The time limit specified in the order runs from the date of service or publication.

(2) Abatement by Village. If the owner or occupant fails or refuses to comply within the time period described, the enforcement official may cause the nuisance to be removed or abated and the Village shall recover the expenses incurred thereby from the owner and/or occupant of the premises or from the person who has caused or permitted the nuisance.

D. Appeals. Any person aggrieved by a notice/order of a Village enforcement official under Subsection B or C above issued in connection with any alleged violation of the provisions of this chapter or of any applicable rules and/or regulations pursuant thereto or by any order requiring repair or demolition may file with the Clerk-Treasurer a petition setting forth his/her reasons for contesting the notice and/or order. Such petition shall be filed within 15 days of receipt of the enforcement official's notice. The Village shall conduct a hearing on the petition within 30 days after the filing date of the appeal and make a determination on the appeal and the enforcement official's notice and/or order.

E. Alternative method; other Village ordinances. As an alternative curative method, public nuisances may be abated under other Village ordinances, including, but not limited to: § 285-6, Unhealthy, hazardous or unsightly materials on public or private property; § 285-7, Rodent control; Chapter 392, Solid Waste, Article I, Recycling; § 348-23, Littering prohibited; Chapter 173, Building Construction; and/or Chapter 299, Housing Code.

F. Alternative curative method; repair or razing order.

(1) Court petition. As an alternative curative method, whenever an owner, operator, or agent of a premise or unit thereof fails, neglects, or refuses to make repairs, raze or remove, make safe by repairs or other corrective action called for, the enforcement official may undertake such repairs or action. If the owner, operator or agent fails to repair or remove a building which is dilapidated or blighted to the extent that such building, dwelling, or structure offends the aesthetic character of the immediate neighborhood or produces blight or deterioration by reason of such conditions, the enforcement official may apply to circuit court for an order determining that such building, dwelling, or structure constitutes a public nuisance and the defect shall be remedied. Every violation of this Code may constitute a public nuisance and may be enjoined and the maintenance thereof may be abated by legal action by the Village or citizen thereof.

(2) Razing orders. Where a judicial review of a decision of the enforcement official is sought when such order originates under § 66.0413, Wis. Stats., governing the razing of buildings, the statutory procedures shall be adhered to.

G. Alternative curative method; Ch. 823, Wis. Stats., nuisances. The provisions of Ch. 823, Wis. Stats., regarding public nuisances specifically addressed by that chapter, are adopted and incorporated herein by reference. At his/her option, if the enforcement official finds that a public nuisance exists, such official may file a written report of such findings with the Village Board, which 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 Ch. 823, Wis. Stats. Nothing in this chapter shall be construed as prohibiting the abatement of public nuisances by the Village and its officials in accordance with the laws of the State of Wisconsin.

H. Court order to access property. Except when necessary under Subsection B, no enforcement official shall 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, or to permit inspection under § 66.0119, Wis. Stats.

§ 327-8 Cost of abatement.

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 of Sullivan shall be collected as a debt from the owner, occupant or person causing, permitting or maintaining the nuisance, such cost shall be assessed against the real estate as a special charge.

§ 327-9 Enforcement; violations and penalties.

A. Statutory authority. The Village Board of the Village of Sullivan, pursuant to authority granted to local municipalities, hereby incorporates the provisions of § 66.0413 and Ch. 823, Wis. Stats., as the same apply to the abatement of public nuisances.

B. Inspection of premises. Whenever complaint is made to a Village enforcement official that a public nuisance exists within the Village of Sullivan, the Village enforcement official shall promptly notify the appropriate inspection authority who shall forthwith inspect or cause to be inspected the premises and shall make a written report which shall be submitted to the Village enforcement official. Whenever practicable, the inspecting officer shall cause photographs to be made of the premises and shall file the same with the appropriate Village enforcement official.

C. Enforcement. The Village President, Clerk-Treasurer, Village Board, Fire Inspector, Director of Public Works, Building Inspector, law/health enforcement authorities and/or other designated Village enforcement official(s) 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 action shall be taken under § 327-7 to abate a public nuisance unless the official has inspected or caused to be inspected the premises where the nuisance is alleged to exist and is satisfied that a nuisance does, in fact, exist.

D. General penalty.

(1) In addition to other remedies provided for in this chapter, whenever the Village enforcement authority shall find any violation of §§ 327-1 through 327-8, the enforcement authority may cause to be issued a citation to the property owner and/or occupant of the property on which said violation exists. Such citation shall provide for a forfeiture pursuant to Chapter 1, General Provisions, Article II, General Penalty, of this Code. Each day a violation exists after any compliance period has expired shall constitute a new and separate offense.

(2) If such violation(s) is not remedied within the time set forth in the enforcement action, the Village enforcement authority may cause the refuse or other property causing the violation to be disposed of as prescribed in §§ 432-3 through 432-6 of Chapter 432, Vehicles, Junked and Abandoned, of this Code. If such removal and sale costs are not paid by the property owner in a timely manner as prescribed by the Village, such costs and charges shall become a lien against the property and be entered as a special charge on the tax roll pursuant to § 66.0627, Wis. Stats. A $100 administrative fee shall be added to the cost of enforcement charged to the premises.

§ 327-10 Chronic nuisance premises.

A. Findings and purpose.

(1) Findings. The Village Board of the Village of Sullivan finds that certain premises within the Village receive and require more than the general, acceptable level of law enforcement, building inspection, nuisance abatement and public health nuisance abatement services; this places an undue and inappropriate burden on Village taxpayers and constitute public nuisances. Chronic nuisance activity contributes to the general decay of an affected neighborhood and negatively impacts law-abiding residents in these neighborhoods.

(2) Purpose.

(a) This section is enacted to encourage owners, occupants and/or tenants of premises to recognize their responsibility to ensure that activities occurring on their premises conform to the law and do not unduly burden Village services. Therefore, the Village Board determines that the Village will charge owners of such premises with the cost associated with abating nuisance activity at premises where nuisance activities chronically occur.

(b) This section does not affect a premises owner's duty to comply with fair housing ordinances nor does it affect a premises owner's duty to comply with all other laws governing residential tenancies.

B. Definitions. The following definitions are applicable in this section:

CHRONIC NUISANCE PREMISES

A premises that meets any of the following criteria:

(1) A premises which has generated three or more calls for police services that have resulted in an enforcement action for nuisance activities on three separate days within a 120-day period and/or has generated three or more cases involving the Building Inspector, Department of Public Works or other property maintenance or health officials from at least three or more inspections within a one-year period, with such calls resulting in an enforcement action. Three or more calls for police services resulting in an enforcement action for nuisance activities 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

(2) A premises for which charges have been filed by the District Attorney for prosecution for the manufacture, distribution or delivery of a controlled substance that has occurred on or in association with the premises; or

(3) 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.

CHRONIC NUISANCE PREMISES NOTICE

The notice issued by the Building Inspector, Department of Public Works or public health/law enforcement officials.

ENFORCEMENT ACTION

Any of the following: The issuance of a citation for a violation and/or the filing of charges by the District Attorney or the Village Attorney for prosecution of nuisance activities, and/or referral of charges by the Building Inspector, Department of Public Works or public health/law enforcement officials to the Village Attorney or District Attorney for prosecution for nuisance activities.

NUISANCE ACTIVITIES

Any of the following activities, behaviors or conduct whenever engaged in by the premise's owners, occupants, operators, tenants, or persons associated with a premises:

(1) An act of harassment as defined in § 348-16, or § 947.013, Wis. Stats.

(2) Disorderly conduct as defined in § 348-10 of Chapter 348, Peace and Good Order, of this Code, or § 947.01, Wis. Stats.

(3) Battery, substantial battery or aggravated battery as defined in § 940.19, Wis. Stats.

(4) Crimes of violence as defined in Ch. 940, Wis. Stats.

(5) Resisting or obstructing an officer as prohibited by §§ 348-12 or 348-19 of Chapter 348, Peace and Good Order, of this Code, or § 946.41, Wis. Stats.

(6) Indecent exposure as prohibited by § 348-10 of Chapter 348, Peace and Good Order, of this Code or § 944.20(1)(b), Wis. Stats.

(7) Damage to property as prohibited by § 348-22 or 348-24 of Chapter 348, Peace and Good Order, of this Code, or § 943.01, Wis. Stats.

(8) The production or creation of noises disturbing the peace, as prohibited by § 348-9 of Chapter 348, Peace and Good Order, of this Code.

(9) Illegal discharge of a firearm or weapon as prohibited by § 348-3 of Chapter 348, Peace and Good Order, of this Code.

(10) Crimes involving illegal possession of firearms as defined in §§ 941.23, 941.26, 941.28, 941.29 and 948.60, Wis. Stats.

(11) Unlawful trespass to land or premises as regulated by § 348-27 of Chapter 348, Peace and Good Order, of this Code, trespass to land as defined in § 943.13, Wis. Stats., or criminal trespass to a dwelling as defined in § 943.14, Wis. Stats.

(12) Obstructing a street or sidewalk as prohibited by § 348-7 of Chapter 348, Peace and Good Order, of this Code.

(13) Theft as defined in § 943.20, Wis. Stats.

(14) Arson as defined in § 943.02, Wis. Stats.

(15) Prostitution as prohibited by § 944.30, Wis. Stats.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

(16) Soliciting prostitutes as prohibited by § 944.32, Wis. Stats.

(17) Pandering as prohibited by § 944.33, Wis. Stats.

(18) Possessing an open container which contains alcoholic beverages or consuming alcoholic beverages upon any public street as prohibited by § 138-23 of Chapter 138, Alcoholic Beverages, of this Code.

(19) Selling, offering for sale or giving away of any intoxicating liquors or fermented malt beverages without a license as provided by § 125.04(1), Wis. Stats., or Chapter 138, Alcoholic Beverages, Article I, Licenses and Permits, of this Code.

(20) Possession, manufacture, distribution or delivery of a controlled substance or related offense as defined in Ch. 961, Wis. Stats.

(21) Maintaining a drug dwelling as defined in § 961.42, Wis. Stats.

(22) Illegal gambling as defined in § 945.02, Wis. Stats.

(23) Improperly keeping, owning or harboring a dangerous animal or an animal disturbing the peace as defined in Chapter 152, Animals, Article I, Dog Licensing; Regulations of Animals, of this Code.

(24) Violations of property maintenance, refuse storage and housing standards contained in § 285-6, Unhealthy, hazardous or unsightly materials on public or private property; § 285-7, Rodent control; Chapter 392, Solid Waste, Article I, Recycling; § 348-23, Littering prohibited; this chapter; Chapter 173, Building Code; and/or Chapter 299, Housing Code.

PERSON

Any natural person, agent, association, firm, partnership, corporation, limited-liability corporation, or other entity capable of owning, occupying or using property in the Village of Sullivan.

PERSON ASSOCIATED WITH

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.

PERSON IN CHARGE

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.

PREMISES

A place of abode, a residence, a house or multiple-family dwelling unit for one or more persons, including lodging houses, 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.

C. Procedures.

(1) Determination.

(a) Upon a finding that a premises meets the definition of a chronic nuisance premises, the Building Inspector or public health/law enforcement authorities may declare a premises a chronic nuisance premises. The Building Inspector or public health/law enforcement officer shall provide written notice of his/her determination to the premises owner identified in the Village Assessor's records for that premises.

(b) The chronic nuisance premises notice shall be deemed delivered if sent by either first-class mail to the premises owner's last known address or delivered in person to the premises owner.

(c) If the premises owner cannot be located, the notice shall be deemed to be properly delivered if a copy of it is left at the premises owner's usual place of abode in the presence of a 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.

(d) If a current address cannot be located, it shall be deemed sufficient if a copy of the chronic nuisance premises notice is sent by first-class mail to the last known address of the owner as identified by the records of the Village Assessor.

(2) Contents of notice. The chronic nuisance premises 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 Building Inspector, Clerk-Treasurer and/or public health/law enforcement authorities of any change in address to ensure receipt of future notices.

(d) A statement that the cost of future enforcement may be assessed as a special charge against the premises.

(e) A statement by the owner, occupant, operator or tenant of the premises shall, within 30 days of receipt of the chronic nuisance premises notice, respond to the Building Inspector or public health/law enforcement authority either with an appeal or to propose a written course of action to abate the nuisance activities. Such statement shall direct the premises owner to schedule a meeting with the Building Inspector or public health/law enforcement authority to discuss the nuisance activity and the premises owner's intent regarding abatement.

(f) A statement that the premises owner shall, when appropriate, consider and implement alternatives to eviction when formulating an abatement plan.

(3) Domestic abuse considerations. 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 law enforcement authorities 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 Village Attorney and law enforcement authorities shall consider the strong public policy in favor of domestic victims reporting alleged abuses, and this section shall not operate to discourage such reports.

(4) Owner response to chronic nuisance premises notice.

(a) If the owner responds to the chronic nuisance premises notice pursuant to Subsection C(2) above with a nuisance abatement proposal, the Building Inspector or public health/law enforcement authorities may accept, reject or work with the owner to modify the proposal. The proposed plan may be acceptable if it can reasonably be expected to result in abatement of the nuisance activities described in the notice within 60 days.

(b) If the premises owner meets with the Building Inspector or public health/law enforcement authority and presents an acceptable abatement plan and initiates action to abate the nuisance activities occurring on the premise, the Building Inspector or public health/law enforcement authority may delay further enforcement of this section, including cost recovery.

(c) If the premises owner ceases to cooperate with the efforts to abate the nuisance activities, the Building Inspector or public health/law enforcement authority will reinstitute enforcement of this section, and the premises owner will be sent a change in status letter. This letter will document the public health/law enforcement authority's and/or Building Inspector's efforts to contact and/or obtain cooperation of the owner.

(d) Failure by the premises owner to respond to the letter within 10 days as directed in this subsection shall result in a forfeiture of $1,000, plus court costs and fees.

(5) Determination.

(a) Whenever the Building Inspector or public health/law enforcement authority determines that any of the following have occurred, the procedures under Subsection C(5)(b) below shall be followed:

[1] A premises owner has failed to respond to the chronic nuisance premises notice; or

[2] Enforcement action for an additional nuisance activity has occurred at a premises for which notice has been issued pursuant to Subsection C(2) and this enforcement action has occurred not less than 15 days after the chronic nuisance premises notice has been issued; or

[3] A course of action submitted pursuant to Subsection C(4) has not been completed.

(b) Pursuant to Subsection C(5)(a) above, the Building Inspector and/or public health/law enforcement authority may calculate the cost 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. The Building Inspector and/or public health/law enforcement authority shall notify the premises owner of the decision to refer the cost of enforcement to the Village Clerk-Treasurer. Delivery of this notice, along with a copy of the public health/law enforcement authority's and/or Building Inspector's referral letter to the Village Clerk-Treasurer, shall be made as set forth in Subsection C(2). The notice shall contain:

[1] The street address or legal description sufficient for identification of the premises.

[2] A statement that the Building Inspector and/or public health/law enforcement authority has referred the cost of enforcement to the Village Clerk-Treasurer with a concise description of the nuisance activities and the relevant sections of the Village Code.

[3] Notice of the premises owner's right to appeal pursuant to Subsection C(7) below.

(c) Each subsequent incident of enforcement action for nuisance activity shall be deemed a separate violation and costs will continue to be assessed pursuant to this section until the nuisance is abated.

D. Penalties and remedies.

(1) Cost recovery.

(a) The Building Inspector and/or public health/law enforcement authority shall keep an accurate account of the cost of enforcement and shall report it to the Village Clerk-Treasurer. The Village Clerk-Treasurer shall establish a reasonable charge for the costs of enforcement of this section.

(b) Upon receipt of a notice from Building Inspector and/or public health/law enforcement authority issued pursuant to Subsection C(2) above, the Village Clerk-Treasurer shall 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 first-class mail and shall be paid within 30 days of the date on the invoice.

(c) 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. A $100 administrative fee 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 receipt of a billing notice from the Village Clerk-Treasurer the premises owner develops an acceptable plan and initiates action to abate nuisance activities occurring on the premises, the Building Inspector and/or public health/law enforcement authority will suspend further enforcement of this section. The premises owner is still responsible for any enforcement costs incurred prior to the premises owner submitting an abatement plan, including the administrative fee. If the premises owner ceases to cooperate with the efforts to abate the nuisance activities, the Building Inspector and/or public health/law enforcement authority will reinstitute enforcement of this section after sending the premises owner a change in status letter.

(3) Forfeitures.

(a) In addition to other remedies provided for in this section, whenever the Village enforcement authority shall find any violation of this section, the enforcement authority may cause to be issued a citation to the property owner and/or occupant of the property on which said violation exists. Such citation shall provide for a forfeiture pursuant to Chapter 1, General Provisions, Article II, General Penalty, of this Code. Each day a violation exists after any compliance period has expired shall constitute a new and separate offense.

(b) If such violation(s) is not remedied within the time set forth in the enforcement action, the Village enforcement authority may cause the refuse or other property causing the violation to be removed, to be disposed of as prescribed in §§ 432-3 through 432-6 of Chapter 432, Vehicles, Junked and Abandoned, of this Code. If such removal and sale costs are not paid by the property owner in a timely manner as prescribed by the Village, such costs and charges shall become a lien against the property and be entered as a special charge on the tax roll pursuant to § 66.0627, Wis. Stats. A $100 administrative fee shall be added to the cost of enforcement charged to the premises.

(4) Appeal. Appeal of a determination of the Building Inspector and/or public health/law enforcement authority pursuant to either Subsection C(1), or the action of the Clerk-Treasurer imposing special charges pursuant to Subsection D(1) against the premises, may be submitted in writing to the Zoning Board of Appeals in accordance with the procedures under §§ 485-96 through 485-100 of this Code.

E. Eviction or retaliation prohibited. It shall be unlawful for a landlord to terminate the lease agreement or periodic tenancy of any tenant or otherwise retaliate against any tenant or members of the tenant's household because that tenant complained or was complained about to the Building Inspector and/or public health/law enforcement authority about nuisance activities on the landlord's premises. It shall be unlawful for a landlord or any person acting as an agent for the landlord to intimidate or actively discourage a tenant and/or persons associated with a tenant, from calling the law enforcement/public health authorities or Village officials to report nuisance activity associated with a premises. It shall be presumed that any attempt to increase charges, reduce services, or to otherwise harass or retaliate against the tenant during the twelve-month period following receipt of the complaint by the Building Inspector and/or public health/law enforcement authorities constitutes unlawful retaliation under this subsection. Such presumption may be rebutted by the preponderance of evidence that the actions by the landlord were based upon good cause. Notwithstanding the foregoing, a tenant's lease agreement or periodic tenancy may be terminated for a failure to pay rent; committing nuisance activity; for the commission of waste upon the premises; violating the terms and conditions of the lease agreement or periodic tenancy or as otherwise provided in Ch. 704, Wis. Stats., and Ch. ATCP 134, Wis. Adm. Code. "Good cause" as used in this subsection means that a landlord must show good cause for his/her actions, other than one related to or caused by the operation of this section.

F. Summary abatement. The Building Inspector and/or public health/law enforcement authorities are authorized to cause the abatement, including summary abatement, of any nuisance found on any premises. This section may also be enforced by injunction. Nothing in this section shall be construed as prohibiting the abatement of public nuisances by the Village in accordance with this Code and state law.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

G. When chronic 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 for a period of six consecutive months from the date stated on the notice declaring the premises a chronic nuisance premises and/or there are no building inspection cases generated for a period of six consecutive months from the date stated on the notice declaring the premises a chronic nuisance premises.