Article II Abandoned Vehicles, Junk and Debris

Debris.

Rubbish, garbage and recyclables not placed in proper containers.

Household hazardous waste.

(4)

Any condition which encourages rodent, insect or other animal infestation or harborage.

(5)

New or used building materials not being used as part of an active construction permit issued by the Village.

(6)

(Reserved)

(7)

Consumer electronics (brown goods), such as but not limited to televisions, computers, radios, or game consoles; major appliances (white goods), such as but not limited to appliances, furnaces, water heaters, water softeners and air conditioners; and small appliances, such as but not limited to toasters, coffee makers, blenders and microwave ovens.

(8)

Combustible materials which are not used as an integral part of an authorized business carried out on the premises.

(9)

Raw material, equipment parts or bulk commodities, unless said items are raw material used in a lawful business carried out on the premises and stored in a lawful manner.

(10)

Parts of a motor vehicle, recreational vehicle, motorcycle, ATV, snowmobile, jet ski, boat, aircraft or other similar vehicle.

(11)

Tires (excluding tires used as sandboxes, swings or playground equipment).

(12)

Household furniture not designed for exterior use.

(13)

Brush, fallen trees, branches or other landscaping items.

(14)

Sand, gravel, dirt, rock or similar material not being used as part of an active construction or erosion control permit issued by the Village.

The presence of junk and unsightly debris is hereby declared a public nuisance which may be abated as such in accordance with the provisions of this article. In addition, violators shall be subject to a monetary forfeiture municipal citation.

§ 234-14 Notice and order.

[Amended 5-6-2019 by Ord. No. 19-08; 1-23-2023 by Ord. No. 23-06]

Whenever the existence of any such nuisance as defined in this article comes to the attention of the Chief of Police or his/her designee, in the case of a nuisance motor vehicle, or the Community Development Director or his/her designee, in the case of other accumulations of junk and unsightly debris, the property owner and/or occupant of the premises shall be notified in the following manner.

First offense. A notice and order shall:

Be in writing.

Include a statement of the violation with reference to the applicable provisions of this article.

(a)

With respect to nuisance automobiles located on private property, the notice shall contain an order that the occupant shall, within 30 days, repair, assemble, make the vehicle operable and roadworthy and license any vehicle which may not be licensed or, in the alternative, place such vehicle in a garage or enclosed structure or remove the vehicle from the property and place such vehicle within a duly authorized and licensed sales, repair or salvage business lawfully operating within a properly zoned area and in compliance with all state and local laws, rules, regulations, licenses and permits. The notice shall further advise the owner of the vehicle that if the nuisance is not corrected, the vehicle is subject to being towed and stored at the owner's expense and, if not redeemed, disposed of by the tower as authorized by state law.

(b)

With respect to junk and unsightly debris, the notice shall contain an order to place such junk in an enclosed structure or remove it from the premises. The notice shall further advise the owner that if the nuisance is not corrected, the Village may direct its employees or its agents to enter onto the subject premises and place the property in compliance and dispose of the junk and debris, with the costs thereof being charged to the owner or assessed as a special tax assessment against the real estate.

Advise the occupant and/or owner that he is additionally subject to a money forfeiture for each day a violation of this article exists.

Repeated offense.

With respect to nuisance automobiles located on private property, a notice and order shall be provided in the same manner as a first offense.

With respect to junk and unsightly debris, a notice and order shall not be required prior to issuing citations; provided that no substantial change to the ordinance has been made since the first offense.

Method of service. Any of the following methods of service are acceptable:

In the case of a nuisance automobile, notice shall be given to the owner of the motor vehicle by personal service or via regular United States Mail to the owner's address as shown on the records of the Wisconsin Department of Transportation and by posting a copy of the notice on the vehicle.

§ 234-15 Abatement of nuisance; violations and penalties.

In the case of junk and debris, notice shall be given to the owner of record of the real estate where the junk and debris are located and to the occupant of any building on said property by personal service or via regular United States Mail. If the property owner cannot be served as noted above, then said written notice may be given by posting a copy of the notice on or about the main entrance to the building of the subject premises.

[Amended 5-6-2019 by Ord. No. 19-08; 8-16-2021 by Ord. No. 21-18; 8-16-2021 by Ord. No. 21-20; 1-23-2023 by Ord. No. 23-06]

The following procedures or any combination thereof may be utilized to eliminate the nuisance:

Nuisance motor vehicles.

With respect to nuisance motor vehicles upon private property, if the violation described in the notice has not been remedied within the thirty-day period for compliance, the Village or its designee shall have the right to take possession of the nuisance vehicle and tow it from the premises, with the cost and expense charged to the owner or assessed as a special tax assessment against the real estate. Any unclaimed towed vehicles may be disposed of by towers through means and procedures authorized by law.

Notice of removal. Within 48 hours of the removal of such junked motor vehicle, the Chief of Police, or their designee, shall give notice to the registered owner of the vehicle, if known, and to the owner or occupant of the private property from which the vehicle was removed that said vehicle or vehicles have been impounded and stored for violation of this article. The notice shall give the location where the vehicle or vehicles are stored and the costs incurred by the Village for the removal.

Other junk and debris. With respect to other junk and debris, if the violation described in the notice has not been remedied within the time required by the notice, the Village may direct its employees or its agents to enter onto the subject premises and place the property in compliance and dispose of the junk and debris, with the costs thereof being charged to the owner or assessed as a special tax assessment against the real estate.

Additional remedies. Violation of this article is declared to be a public nuisance. All methods of abatement and enforcement provided by Chapter 823 Wisconsin Statutes ("Nuisances") are authorized and incorporated herein. As to any nuisance described herein, in addition to, but not exclusive or prejudice of such other remedies as may apply, the Village may issue a municipal citation to the owner or occupant for violation of this article which, upon conviction, would subject the owner or occupant to a forfeiture of $500 plus court costs, for each day the violation remains in existence.

§ 234-16 Hearings.

Administrative hearing.

Request for administrative hearing. The persons to whom the notices are directed, or their duly authorized agents, may file a written request for hearing before the Community Development Director as a designee of the Village Board of Pleasant Prairie within the thirty-day period of compliance prescribed in § 234-14.

Procedure for administrative hearing.

(a)

Purpose of hearing. The only purpose of a hearing hereunder is to permit the owner or possessor of the nuisance property to show that the nuisance to be abated is, in fact, not a nuisance subject to removal or abatement hereunder.

(b)

Stay pending hearing. Where a hearing is requested within the time provided for compliance with this article in the notice, no action shall be taken to eliminate or abate the nuisance by removing the subject property from the premises until the hearing is held.

(c)

Date for hearing. The hearing will be held as soon as practicable after the filing of the request, and the persons to whom the notices are directed shall be advised, in writing, of the time and place of said hearing at least five days business days in advance thereof.

(d)

Content of written request for hearing. The request for the administrative hearing shall state the error alleged in the initial determination of the Community Development Director or her designee and shall provide the address and phone number of the owner of the nuisance property or the occupant of the premises requesting the hearing.

(e)

Failure to appear. The failure of the owner of the nuisance property or the occupant of the premises to appear at the scheduled hearing shall constitute a waiver of said right to a hearing.

(f)

Nature of hearing. The person conducting the hearing, which shall be informal and not subject to the rules of evidence, shall note in writing the facts presented and the position of the owner or possessor of the property alleged to be a nuisance, shall mark and retain exhibits and shall determine, in writing, whether or not this article has been violated. At any such hearing, the Village and the persons to whom the notices have been directed may introduce such witnesses and evidence as either party deems necessary.

Administrative hearing decision. A decision shall be made by the Community Development Director in writing and filed with the Village Clerk within five business days after the administrative hearing. If this article has been determined by the Director to have been violated, the owner or possessor of the property determined to be a nuisance shall be notified of a compliance date which is not less than 14 days from the date of the written decision. Any further appeal shall be pursuant to Subsection B of this section.

Appeal of the administrative hearing decision. An appeal shall be as hereinafter provided, the Village electing not to be governed by Ch. 68, Wis. Stats.

Request for an appeal. An aggrieved party desiring to appeal from an administrative hearing determination pursuant to Subsection A shall file a written notice of appeal which must be received by both the Village Clerk and the Community Development Director prior to the expiration of the time for compliance with this article provided in the decision of the Community Development Director.

Procedure for appeal.

(a)

Purpose of appeal hearing. The only purpose of an appeal hearing hereunder is to permit the owner or possessor of the nuisance property to show that the nuisance to be abated is, in fact, not a nuisance subject to removal or abatement hereunder.

(b)

Nature of appeal. The review shall be a de novo (new) review of the decision of the Community Development Director.

(c)

Stay pending appeal. Where an appeal is requested within the time provided for compliance with this article in the notice, no action shall be taken to eliminate or abate the nuisance by removing the subject property from the premises until the appeal is held.

(d)

Content of notice of appeal. The notice of appeal shall state the error alleged in the initial decision and shall provide the address and phone number of the appellant and a filing fee as established in the Village Fee Schedule.

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

(e)

Appeal board. The appeal shall be heard by a quorum of the Village Zoning Board of Appeals at a regularly scheduled meeting or a special meeting called by the Chairman of the Board.

(f)

Notice required. The Village shall file a Class 1 notice pursuant to the Wisconsin States Statutes, and a written notice shall be sent via regular mail to the appellant a minimum of five business days prior to the appeal hearing.

(g)

Failure to appear. The failure of the owner of the nuisance property or the occupant of the premises to appear at the scheduled appeal hearing shall constitute a waiver of said right to a hearing.

(h)

Nature of appeal hearing. The appeal hearing shall not be subject to the rules of evidence. However, any witness giving testimony shall be sworn. The testimony shall be electronically or stenographically recorded.