[HISTORY: Adopted by the Town Board of the Town of Brooklyn 12-10-2002 by Ord. No. 2002-4. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
BLIGHT
Unsightly condition, including the accumulation of debris, litter, rubbish, rubble, rot, crumbling or structural cracking, landscaping hazardous to safety due to its dead or damaged condition, and any other similar conditions of disrepair and deterioration, regardless of the condition of other properties in the area. This includes any property falling within the definition set forth in § 32.22(1)(a), Wis. Stats.
INFESTATION
The abnormal or accrued presence of any insects, rodents or other pests within a dwelling or on the dwelling premises.
LITTER
Solid waste as defined in § 289.01(33), Wis. Stats.
NOXIOUS WEEDS
Canada thistle, leafy spurge, field bindweed (creeping Jenny), any nonnative member or hybrid of the genus Lythrum (purple loosestrife) and any other weed the Town of Brooklyn, County Board of Green Lake County, or the Wisconsin State Legislature declares by statute, code or resolution to be noxious within its boundaries.
REFUSE
Household waste, including the animal and vegetable waste resulting from the preparation, handling, cooking or consumption of food; and it shall include tin cans, glass, metal and similar household wastes, such as papers, rags and other combustible material; and discarded household appliances, including garbage, rubbish, ashes and dead animals.
This chapter applies to every building, other improvements, and the land upon which they are located, where the principal use of the parcel is residential. It applies regardless of whether the building or improvement was constructed, altered or repaired before or after the enactment of this chapter.
A. 
Maintenance of exterior of premises. The exterior of the premises and all structures thereon shall be kept free of all unsanitary conditions, nuisances and any hazards to the safety of the occupant, pedestrians and other persons utilizing the premises. It shall be the duty of the owner and operator to promptly remove any of the foregoing and keep the premises free of hazards, which include, but are not limited to, the following:
(1) 
Refuse.
(2) 
Garbage.
(3) 
Natural growth, such as dead and dying trees and limbs or other natural growth, which by reason of rotting or deteriorating conditions or storm damage that the owner is or should be aware of, constitute a hazard to persons in the vicinity.
(4) 
Overhangs, such as loose and other hanging objects or signs, which by reason of location above ground level and their condition constitute a danger of falling on the persons in the vicinity.
(5) 
Sources of infestation.
(6) 
The exterior of the premises, the exterior of structures, and the structural condition of accessory structures shall be maintained so that the appearance of the premises and structures shall not constitute a blighting factor, as determined by the Town Board.
B. 
General maintenance. The exterior of every structure or accessory structure, including fences or enclosures, shall be maintained to be structurally sound, free of broken glass, loose shingles, crumbling stone or brick, loose boards, or other conditions reflective of deterioration or inadequate maintenance so as to constitute a blighted property.
A. 
Litter collections and storage area. Every owner, occupant or lessee of a building used for residential or commercial purposes shall maintain litter collection and storage areas in a clean condition and ensure that all litter is properly contained in plastic bags or containers.
B. 
Duty to collect litter before it is carried from the premises. All litter that is subject to movement by the elements or dispersal by domestic or wild animals shall be secured by the owner of the premises where it is found before it is allowed to be removed from the premises.
C. 
Neglected premises visible to the public. It shall be the duty of any person owning or controlling any premises, including vacant lots visible from any public place or private premises, to maintain such premises so as to not permit the accumulation of litter.
D. 
Construction sites. The property owners and the contractors in charge of any construction site shall maintain the site in such a manner that litter will be prevented from being carried from the premises by the elements. Litter from construction activities or any related activities shall be picked up at the end of each workday and placed in containers.
E. 
Maintaining pedestrian walkways and recreational trails and/or other public ways. Persons owning, occupying or in control of any premises used for pedestrian walkways and bike trails and/or other public ways shall keep same free of litter.
F. 
Solid waste. It shall be unlawful for any person to allow refuse, waste or garbage to remain uncollected or undisposed for longer than seven days or, in any case, until after that refuse, waste or garbage creates any condition which is offensive to persons upon any private premises or public place.
Violations of the provisions of this chapter are hereby declared to constitute public nuisances if they are any thing, act, occupation, condition or use of property which shall continue for such length of time as to:
A. 
Substantially annoy, injure or endanger the comfort, health, repose or safety of the public.
B. 
In any way render the public insecure in life or in the use of property.
C. 
Greatly offend the public morals or decency.
A. 
Inspection of premises. Whenever complaint is made to the Town Chairperson that a public nuisance exists within the Town, he or she shall promptly inspect or cause an inspection to be made of the premises involved. Upon determination by the Inspector of a violation of this chapter, the Town shall notify the owner and, if different from the owner, the occupant of the premises of such violations.
B. 
The notice shall specify the nature of the violation, the required correction and a reasonable time, not to exceed 60 days, to correct the violation. The notice shall be served upon the person or persons named personally or by certified mail addressed, postage paid, to the last known address of such person or persons.
C. 
The person so notified shall have the right to appeal the decision of the authorized Town Inspector to the Town Board within 30 days of the date of notice.
D. 
If upon expiration of the time given for correction of a violation and time for any appeal therefor such correction is not made, the Town Board may file an action in the name of the Town in Circuit Court in accordance with the provisions of § 66.0413 or Ch. 823, Wis. Stats., as amended from time to time. This action may be in addition to the penalties prescribed hereafter in this chapter.
Nothing in this chapter shall be construed as prohibiting the abatement of public nuisance by the Town of Brooklyn or its officials in accordance with the laws of the State of Wisconsin or Town codes.
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 Town shall be collected as a debt from the owner, occupant or person causing, permitting or maintaining the nuisance, and if notice to abate the nuisance has been given to the owner, such cost shall be assessed against the real estate as a special charge.
A. 
General penalty. Except where a penalty is provided elsewhere in this chapter, any person who shall violate any of the provisions of this chapter shall, upon conviction of such violation, be subject to a penalty, which shall be as follows:
(1) 
First offense - penalty. Any person who shall violate any provision of this chapter shall, upon conviction thereof, forfeit not less than $25 nor more than $500 together with the costs of prosecution and, in default of payment of such forfeiture and costs of prosecution, shall be imprisoned in the County Jail until such forfeiture and costs are paid, but not exceeding 90 days.
(2) 
Second offense - penalty. Any person found guilty of violating any provision or part of a provision of this chapter who shall previously have been convicted of a violation of the same provision within one year shall, upon conviction thereof, forfeit not less than $50 nor more than $1,000 for each such offense together with the costs of prosecution and, in default of payment of such forfeiture and costs, shall be imprisoned in the County Jail until such forfeiture and costs of prosecution are paid, but not exceeding six months.
B. 
Continued violations, enforcement.
(1) 
Continued violations. Each violation and each day a violation continues or occurs shall constitute a separate offense. Nothing in this chapter shall preclude the Town from maintaining any appropriate action to prevent or remove a violation of any provision of this chapter.
(2) 
Enforcement. The enforcement of Town codes shall be the responsibility of the Town Board or any person the Town Board may assign to such duty or responsibility.