[HISTORY: Adopted by the Village Board of the Village of Birnamwood 11-25-2013 by Ord. No. 13-11-01. Amendments noted where applicable.]
The title of this chapter is "Public Nuisance Ordinance."
The purpose of this chapter is to regulate, for public health and safety reasons, the storage, treatment, disposal, discharge, uses and activities in the Village which constitute a public nuisances.
This chapter is adopted under the authority of §§ 29.038, 66.0407, 66.0413, 125.14, 169.01 and 175.25 and Ch. 823, Wis. Stats.
As used in this chapter, the following terms shall have the meanings indicated:
APPLIANCE
Any household or office device, instrument, utensil, apparatus or machine that utilizes power, including, but not limited to, any stove, clothes washer or dryer, refrigerator, dish washer, freezer, water heater, water pump, furnace, television set, home entertainment device, computer or peripheral device, or other home or office electronic device.
BUILDING
Includes 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, or create a public nuisance or a public safety or health hazard, except when such items are determined by the Village Board to be stored or housed out of public view and are treated and maintained so as not to be a public nuisance.
EQUIPMENT
Goods used or bought for use primarily in a business, including farming.
HAZARDOUS WASTE
Any solid waste identified by the State of Wisconsin Department of Natural Resources as hazardous under § 291.05(2), Wis. Stats.
JUNK
Scrap metal, metal alloy, wood, concrete, or synthetic or organic material, or any junked, inoperative, unlicensed or unregistered vehicle, structure, equipment, furniture, appliances or machinery, or any part thereof. "Junk" includes used tires, parts of dismantled buildings, agricultural equipment not in usable condition, parts of agricultural equipment, and contaminated recyclable material.
JUNKED
Dismantled for parts or otherwise scrapped.
JUNKED VEHICLE PARTS
Parts from a junked vehicle.
JUNKYARD
Any place that is owned, maintained, operated or used for storing, keeping, processing, buying, or selling junk. "Junkyard" includes automobile graveyards, scrap metal processors, auto-wrecking yards, salvage yards, auto-recycling yards, used auto parts yards, and places for 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.
LOCAL ZONING AND LAND USE REGULATION
Any applicable county, Village or extraterritorial zoning, subdivision, land division, platting, official map, 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 structure 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 DEALER
Has the meaning given in § 218.0101(23), Wis. Stats.
MOTOR VEHICLE SALVAGE DEALER
Has the meaning given in § 218.20(1r), Wis. Stats.
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 "boats" as defined in § 29.001(16), Wis. Stats., means those that are required to but do not have nor bear the required current and valid State of Wisconsin licenses or registrations.
NOXIOUS ODOR
An odor that is repulsive to the senses of ordinary persons in the Village or 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.
PUBLIC NUISANCE
A thing, act, occupation, condition or use of property that continues in the Village for such time as to do any of the following:
A. 
Substantially annoy, injure or endanger the comfort, health, repose or safety of the public.
B. 
Render the public insecure in life or in the use of property in any way.
C. 
Substantially depreciates property values in the neighborhood.
D. 
Greatly offends the public morals or decency.
E. 
Unlawfully and substantially interferes with, obstructs or attempts 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.
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; sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility; and any other discarded or salvageable materials, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, commercial, residential, mining, agricultural and community activities, but does not include solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permits under Ch. 283, Wis. Stats.; 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 FACILITY
A facility for solid waste treatment, solid waste storage, or solid waste disposal, and includes 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. "Solid waste facility" includes the entire premises where the facility is located.
UNLICENSED or UNREGISTERED
In reference to vehicles, mobile homes or manufactured homes, means those that are required to be licensed or registered for operation in the state, but do not have nor bear the required current and valid State of Wisconsin licenses or registration.
VEHICLE
Every device in, upon, or by which any person or property is or may be transported.
VILLAGE
The Village of Birnamwood, Marathon County, Wisconsin.
No person may create, contrive, erect, maintain, cause, continue, install, construct or permit to exist in the Village a public nuisance. The following acts, uses, activities, things, occupations, places or physical conditions are specifically declared to be a public nuisance, but such enumeration shall not be construed to exclude other health, peace and safety nuisances as defined hereinabove:
A. 
Noxious weeds. Noxious weeds not timely cut or removed within seven days, pursuant to § 66.0407, Wis. Stats., after receipt of written notice to remove from the Village Board.
B. 
Unburied animal carcass areas. Carcasses of animals, birds or fowl not intended for human consumption or food, which are not buried or otherwise disposed of in a sanitary manner within 24 hours after death.
C. 
Stagnant water. All stagnant water in which mosquitoes, flies or other insects can multiply.
D. 
Noxious emission odor areas. Any use of property, substances or things in the Village causing any foul, offensive, noisome, nauseous, noxious or disagreeable odors, gases, effluvia or stenches repulsive to the physical senses of ordinary persons which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons within the Village.
E. 
Noxious or polluted or waste areas. Any place in the Village 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 those conditions are not timely removed.
F. 
Rat or vermin areas. Any place in the Village where rats, vermin, feral pets or other vectors are located or frequent.
G. 
Unauthorized human burial areas. Any place in the Village where the body of a deceased person and/or parts of a deceased person is located and buried. This paragraph does not apply to any established cemetery or burial site grounds approved, owned and operated in accordance with Ch. 157, Wis. Stats.
H. 
Hazardous, toxic or solid waste facility or site. Any premises, place or solid waste facility in the Village where the discharge, disposal, storage or treatment of hazardous, toxic or solid waste occurs 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.
I. 
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 the animals are not removed or destroyed after receipt of written notice to remove from the Village Board. To constitute a "dangerous wild animal" the species of animal must pose a threat to the safety of persons within the Village, including a keeper of the animal. It is not necessary that the Village Board find that a specific animal is dangerous in order to find a nuisance.
J. 
Dangerous or dilapidated buildings. Any building or structure in the Village where the building or structure, or any associated electrical, heat, water or sewer system, is so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation.
K. 
Dangerous tree areas. Any place in the Village where any trees or tree limbs located on private or public lands constitute a dangerous or unsafe condition, and these dangerous or unsafe conditions have not been timely removed after receipt of written notice to remove from the Village Board.
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 after receipt of written notice from the Village Board.
M. 
Improper encroachment. Any unauthorized or improper encroachment, including trees, limbs, weeds, crops, or any other vegetation, on any Village roadway or on other Village public lands without written permission from the Village Board.
N. 
Improper discharge areas. Any unauthorized or improper discharges, including solid waste, vehicles, structures, equipment, signs, manure, and other materials, on any Village roadway or on other Village public lands without written permission from the Village Board.
O. 
Junked vehicle and junked part areas. Any unsheltered storage or keeping of one or more abandoned, wrecked, dilapidated, junked, unsightly, burned out, partially demolished, partially salvaged, discarded, damaged or unregistered motor vehicle(s), all-terrain vehicle(s), motorcycle(s), motor bike(s), snowmobile(s), bus(es), mobile home(s), motor home(s), recreational vehicle(s), camper(s), van(s), trailer(s), or other such similar vehicle or device.
P. 
Junked appliance and machinery. Any unsheltered storage or keeping of junked or abandoned appliances, equipment or machinery.
Q. 
Accumulations of trash. Any accumulation of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, scrap metal, or any junk material.
R. 
Garbage cans.
S. 
Pits and wells. An open and unguarded pit, well, excavation or unused basement that is accessible from any public roadway, alley or sidewalk.
T. 
Unlicensed or unregistered vehicle area. Any place in the Village where for a period exceeding 30 days upon private property a not registered, unlicensed or unregistered vehicle is parked, stored or otherwise kept outside a building without the written permission of the Village Board and is not timely removed or discontinued after receipt of written notice to remove from the Village Board and/or unless exempt as hereinafter set forth.
No person may create, contrive, erect, maintain, cause, continue, install, construct or permit to exist in the Village 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 to the owner or occupant of the land where the public nuisance occurred or is maintained in the Village or to any persons responsible for the creation, maintenance or permitting of such nuisance in the Village, are specifically declared to be a public nuisance:
A. 
Loud noise areas. Any place in the Village where after 11:00 p.m., unless approved by the Village Board, any unreasonably loud, discordant and unnecessary sound conditions, including sounds from vehicles, equipment, machinery, guns, fireworks, or enclosed domestic or other animals, or from any human-created or -aided sounds, including alleged music, is located on private or public land, and is not timely removed or discontinued after written receipt of notice to remove from the Village Board.
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 are not timely removed or discontinued after receipt of written notice to remove from the Village Board.
No person may create, continue, erect, maintain, cause, install, construct or permit to exist in the Village 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 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, are specifically declared to be a public nuisance as follows:
A. 
Bawdyhouses. Pursuant to § 823.09, Wis. Stats., whoever erects, establishes, continues, maintains, uses, occupies or leases any building or part of a building, erection or place to be used for the purpose of lewdness, assignation or prostitution, or permits the same to be so used, in the Village, is 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 instruments, 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 § 954.01(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 alcohol beverages or alcohol is sold, possessed, stored, brewed, bottled, manufactured or rectified without a valid permit or license issued under Ch. 125 or 139, Wis. Stats., or where persons are permitted to drink alcohol 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.
No person shall leave unattended or stored any vehicle (regardless of the vehicle's physical condition, registration or license held), appliance, solid waste, equipment or machinery, or parts thereof, on any public street, public road, public highway, or other public property in the Village, including the road right-of-way, for such time and under such circumstances as to cause the vehicle, appliance, solid waste, equipment or machinery to reasonably appear to have been abandoned. When any vehicle, appliance, solid waste, equipment or machinery has been left unattended, parked or stored on any public street, road, highway or other public property, including a road right-of-way, within the Village for a period of more than 72 hours, the vehicle, appliance, solid waste, equipment or machinery is presumed by the Village to be abandoned and a public nuisance and may be removed in accordance with § 342.40, Wis. Stats., and the owner of the vehicle is subject to the imposition of forfeitures as set forth herein below.
A. 
Exemptions.
(1) 
Any storage of junked vehicles or junked vehicle parts on private lands in the Village that is in conformity with local zoning and land use regulations, for which the owners, operators or persons otherwise responsible for the storage of the vehicles or parts have been issued a permit and met the junked vehicle permit requirements established by the Village Board, is exempt from the provisions of § 148-5 applicable to storage of junked vehicles and junked vehicle parts. The exemption granted under this paragraph is strictly limited to the extent allowed by the permit.
(2) 
Any operation of a junkyard on private lands in the Village that is in conformity with local zoning and land use regulation, for which the owners, operators or persons otherwise responsible for the operation of the junkyard have obtained all the proper and necessary federal, state, county, Village approvals, permits or licenses for the operation or have obtained licenses for operation of a junkyard on that privately owned premises under § 84.31, Wis. Stats., is exempt from the provisions of § 148-5 applicable to junked vehicles, junked machinery, junked appliances, or junked equipment and parts thereof. The exemption granted under this paragraph is strictly limited to the extent allowed by the approvals, permits or licenses.
(3) 
Any commercial motor vehicle salvage or motor vehicle retail sales business on private lands in the Village that is in conformity with local zoning and land use regulation, for which the owners, operators or persons otherwise responsible for the conduct of the business hold a current motor vehicle salvage dealer license under § 218.205, Wis. Stats., authorizing storage uses, operations and activities at property locations in the Village or hold a current motor vehicle dealer license under § 218.0114, Wis. Stats., for salvage, sale or storage operations and activities at a property location in the Village, and are actively engaged in the Village, as determined in writing by the Village Board, in the commercial motor vehicle salvage or motor vehicle retail sales business on property in the Village, is exempt from the provisions of § 148-5 applicable to junked vehicles, junked machinery, junked appliances or junked equipment and parts thereof. The exemption granted under this paragraph is strictly limited to the extent allowed by the applicable license.
(4) 
Any business engaged in the retail sales of manufactured homes, mobile homes, camper trailers, or recreational vehicles on private lands in the Village that is in conformity with local zoning and land use regulation, for which the owners, operators or persons otherwise responsible for the conduct of the business hold a current and valid manufactured home dealers license under § 101.951, Wis. Stats., or a current and valid recreational vehicle dealers license under § 218.12, Wis. Stats., issued by the State of Wisconsin, and are actively engaged in the Village, as determined in writing by the Village Board, in the business of commercial retail sales of manufactured homes, mobile homes, camper trailers, or recreational vehicles on property in the Village, is exempt from § 148-5 applicable to junked vehicles, junked machinery, junked appliances or junked equipment and parts thereof. The exemption granted under this paragraph is strictly limited to the extent allowed by the applicable license.
(5) 
Any parking, storage or other keeping outside of buildings in the Village of unlicensed or unregistered vehicles or boats, snowmobiles or all-terrain vehicles not registered with the State of Wisconsin, on private lands owned or leased by the owner or leaseholder of the vehicles, that is in conformity with local zoning and land use regulation, even if the vehicles are not stored for purposes of sale or repair, is exempt from the provisions of § 148-5 relating to the keeping and storage of unlicensed or unregistered vehicles.
(6) 
Any parking, storage or other keeping of any agricultural use vehicles in the open on private lands in the Village that is in conformity with local zoning and land use regulation by the owner or leaseholder of the land, if the vehicles are and can be used by the owner or leaseholder, without repair, for normal agricultural use in the Village, is exempt from the provisions of § 148-5 applicable to junked vehicles, junked machinery, junked appliances or junked equipment and parts thereof. Notwithstanding anything contained in this paragraph, storage of inoperable junk or other unrepaired agricultural use vehicles on private property of any person for more than 14 days in the open shall be deemed a violation of § 148-5, unless the storage is at a commercial implement repair location where the equipment or implements can and will be timely repaired and removed from the premises.
B. 
Permits.
(1) 
Upon proper and timely application by an owner or occupant of the premises in the Village to the Village Clerk-Treasurer for a permit, the Village Board may permit on public or private lands in the Village, with or without conditions and restrictions, any of the following:
(a) 
The storage in the open on private premises of vehicles, structures, machinery, appliances or equipment in the Village that are subject to § 148-5.
(b) 
The maintenance of buildings, structures or dwellings in the Village that are subject to § 148-5.
(c) 
The storage, disposal, treatment or discharge of items, waste and materials in the Village that are subject to § 148-5.
(2) 
A permit under this subsection may be issued by the Village Board regardless of the ownership or possession rights to the vehicles, implements, machinery, structures, equipment, appliances, buildings, structures, dwellings, items, waste or materials to be stored, maintained, disposed, treated or discharged.
(3) 
The permit shall be for a specific location, may be established for a term of months or years, and may be reissued upon application by the permit holder if the permit holder is in full compliance with this chapter and with the permit conditions and restrictions as issued.
(4) 
The conditions and restrictions, if any, in the permit established by the Village Board for any permitted storage, maintenance, disposal, treatment or discharge shall be reasonable restrictions and conditions to protect the public health, safety and welfare of persons within the Village and to limit or negate potential public nuisances caused by the permitted storage, maintenance, disposal, treatment or discharge. The conditions and restrictions shall be stated in writing and attached to the written permit upon issuance by the Village Board.
(5) 
The owner or occupant of the permitted premises is responsible for compliance with the conditions and restrictions in the permit issued regardless of whether the owner or occupant of the premises has any legal or equitable interest in the vehicles, structures, machinery, appliances or equipment subject to the permit.
A. 
Inspection of premises. Whenever a complaint is made to the Village Board or Village President that a public nuisance under this chapter or a violation of a permit issued under this chapter exists within the Village, the Village President or other agents of the Village Board shall promptly inspect or cause to be inspected the premises complained of and shall make a written report of his/her findings to the Village Board, which report shall thereafter be filed with the Village Clerk-Treasurer and kept of record in the office of the Village Clerk-Treasurer. Whenever practicable, the Village President or other agents of the Village Board shall cause photographs to be made of the premises for inclusion in the written report to the Village Board.
B. 
If the person subject to complaint holds a current permit under this chapter, the Village President or other agents of the Village Board may immediately request the Village Board to hold a public hearing to consider suspension or revocation of the permit for refusal to comply with the permit conditions and this chapter. The Village Board shall hold a public hearing prior to taking any action to revoke or suspend a permit. The permit holder shall be notified of the public hearing at least 20 days before the public hearing by the mailing by U.S. mail of a First Class notice letter to the last known address of the permit holder noted on the permit or permit application.
C. 
The Village Board may, in the alternative to revocation, suspend any issued permit for a period up to six months. Any revocation shall be for a period in excess of six months, and no reapplication can be received or acted upon by the Village Board for the premises or for the owner or occupant of the premises for any activity, use or item prohibited by or requiring a permit under this chapter during the revocation period.
D. 
For any decision regarding the revocation or suspension of any permit, the Village Board shall determine and state the reason or reasons for any revocation, nonrevocation or suspension of the permit based on the lack of compliance with the permit conditions and this chapter by the permit holder or by any employees or agents of the permit holder. The reason or reasons for the decision shall be stated in writing and sent to the permit holder within 30 days after the decision by the Village Board by mailing by U.S. mail of a First Class letter to the last known address of the permit holder noted on the permit or permit application.
E. 
Owner of premises responsibility. Any owner or occupant of land in the Village is responsible for compliance with this chapter regardless of ownership of and responsibility for the uses, activities or things located on the land that are subject to this chapter.
F. 
Summary abatement.
(1) 
Notice to owner. If the Village President or Village Board determines that a public nuisance exists under this chapter and that there is great, immediate and substantial danger or threat to the public health or safety, the Village Board or Village President shall serve a written order upon the person who is causing, permitting or maintaining the public nuisance and the owner or occupant of the premises where the public nuisance is caused, permitted or maintained. If immediate personal service cannot be made, one copy of the order shall be posted on the premises in a location likely to attract the attention of the owner or occupant of the premises or the person who is causing, permitting or maintaining the public nuisance, and one copy of the notice shall be served by mailing by U.S. mail of a First Class letter to the last known address for the owner or occupant of the premises. The order shall direct the owner or occupant to remove the public nuisance within 24 hours and shall state that, unless the public nuisance is so timely abated, the Village may cause, due to the emergency conditions, the public nuisance to be abated and shall charge the costs of abatement to the owner, occupant or person causing, permitting or maintaining the public nuisance.
(2) 
Abatement by Village. If the public nuisance is not abated within 24 hours or if the owner, occupant or person causing the public nuisance, if known, cannot be found, the Village President or Village Board shall cause the abatement or removal of the public nuisance by immediately seeking for the Village a court order that allows for the immediate enjoinment and abatement of the public nuisance.
G. 
Abatement by court action. If the Village Board determines that a public nuisance exists but that the nature of the nuisance does not threaten great, immediate and substantial danger to the public health or safety, the Village Board may take one or more of the following actions:
(1) 
Issue and serve a written order to cease and desist the public nuisance upon the person causing, permitting or maintaining the public nuisance and the owner or occupant of the premises where the public nuisance is located.
(2) 
Issue and serve a citation for violation of this chapter upon the person causing, permitting or maintaining the public nuisance and the owner or occupant of the premises where the public nuisance is located.
(3) 
Cause the Village Attorney to draft a formal civil complaint to be filed and served upon the alleged violators based upon an alleged violation of this chapter or the conditions of any permit as issued; or have drafted by the Village Attorney to be filed and served a formal complaint for abatement of the public nuisance under Ch. 823, Wis. Stats.
H. 
Other methods not excluded. Nothing in this chapter may be construed as prohibiting the injunction and abatement of public nuisances against any person, including against a permit holder that holds a current and valid permit issued by the Village or its officials in accordance with the laws of the State of Wisconsin or this chapter.
In addition to any other penalty imposed by this chapter for the erection, contrivance, creation, continuance or maintenance of a public nuisance and violation of this chapter, the cost of abatement of any public nuisance by the Village may be collected under this chapter or § 823.06, Wis. Stats., as a debt or expense from the owner or occupant of the real property for causing, permitting or maintaining the public nuisance. If notice to abate the nuisance has been given to the owner or occupant previously, the cost of abatement may be assessed against the real property for services rendered and incurred by the Village to enjoin or abate the public nuisance as a special charge under § 66.0627, Wis. Stats., unless paid earlier. If any vehicle, structure, equipment, implement or appliance is abandoned or remains unclaimed in violation of this chapter, the Village Board may proceed to declare this personal property abandoned and proceed to dispose of this personal property under § 66.0139, Wis. Stats., by public auction or other means as determined by the Village Board.
A. 
Penalties.
(1) 
First offense. Any person who violates this chapter shall, upon conviction, forfeit not less than $25 nor more than $250 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 the forfeiture and costs are paid, but not exceeding 30 days.
(2) 
Second and subsequent offenses. Any person found guilty of violating this chapter who shall previously have been convicted of a violation of the same ordinance within one year shall, upon conviction, forfeit not less than $30 nor more than $500 for each offense 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 the forfeiture and costs of prosecution are paid, but not exceeding six months.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Separate violations. Each day of violation of this chapter constitutes a separate offense.
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
All ordinances and parts of ordinances in conflict herewith are hereby repealed.
This chapter shall be in full force and effect from and after its date of passage and publishing.