Article 19.080 Nuisances

The following acts, omissions, places, conditions and things are hereby specifically declared to be public health nuisances, but such enumeration shall not be construed to exclude other health nuisances located in Chapter 25 of this code:

Adulterated food. All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public.

Unburied carcasses. 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 twenty-four (24) hours after death.

Breeding places for vermin, etc. Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, scrap metal or any material whatsoever in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed.

Stagnant water. All stagnant water in which mosquitoes, flies or other insects can multiply.

Garbage cans. Garbage cans which are not fly-tight.

§ 19.083 Public nuisances offending morals and decency.

Noxious weeds. All noxious weeds and other rank growth of vegetation.

(g)

Water pollution. The pollution of any public well or cistern, stream, lake, canal or other body of water by sewage, creamery or industrial wastes or other substances.

(h)

Noxious odors, etc. Any use of property, substances or things within the Village or within four (4) miles thereof causing any foul, offensive, noisome, nauseous, noxious or disagreeable odors, gases, effluvia or stenches extremely 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.

(i)

Street pollution. Any use of property which shall cause any nauseous or unwholesome liquid or substance to flow into or upon any street, gutter, alley, sidewalk or public place within the Village.

(j)

Animals at large. All animals running at large.

(k)

Accumulations of refuse. Accumulations of old cans, lumber, elm firewood and other refuse.

(l)

Air pollution. The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash or industrial dust within the Village limits or within one (1) mile therefrom in such quantities as to endanger the health of persons of ordinary sensibilities or to threaten or cause substantial injury to property.

(m)

Outdoor solid-fuel-fired heating devices. An outdoor heating device or structure designed for solid fuel combustion and for the purpose of providing indoor heat, including but not limited to combination fuel furnaces or broilers which burn solid fuel.

All solid-fuel-fired heating devices located within the Village of Belleville are hereby determined and declared to be public nuisances and as such are prohibited within the Village of Belleville.

This subsection shall also apply to any preexisting nonconforming use following a period of twelve (12) months of nonuse of such device.

The following acts, omissions, places, conditions and things are hereby specifically declared to be public nuisances offending public morals and decency, but such enumeration shall not be construed to exclude other nuisances offending public morals and decency located in Chapter 25 of this code:

Disorderly houses. No person, as owner, agent of the owner, lessee, tenant, occupant, visitor, guest or as a trespasser of any building, enclosure, structure, tent, garden, yard, room or other place within the Village shall permit or engage in disorderly conduct as defined in Chapter 25 of this code.

Gambling devices. All gambling devices and slot machines, except as permitted by state law.

Unlicensed sale of liquor and beer. All places where intoxicating liquor or fermented malt beverages are sold, possessed, stored, brewed, bottled, manufactured or rectified without a permit or license as provided for in the ordinances of the Village.

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

§ 19.084 Public nuisances affecting peace and safety.

Illegal drinking. Any place or premises resorted to for the purpose of drinking intoxicating liquor or fermented malt beverages in violation of the laws of the State of Wisconsin or ordinances of the Village.

The following acts, omissions, places, conditions and things are hereby declared to be public nuisances affecting peace and safety, but such enumeration shall not be construed to exclude other nuisances affecting public peace or safety coming within the definition located in Chapter 25 of this code:

Signs, billboards, etc. All signs and billboards, awnings and other similar structures over or near streets, sidewalks, public grounds or places frequented by the public, so situated or constructed as to endanger the public safety.

Illegal buildings. All buildings erected, repaired or altered in violation of the provisions of the ordinances of the Village relating to materials and manner of construction of buildings and structures within the Village.

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 their color, location, brilliance or manner of operation, interfere with the effectiveness of any such device, sign or signal.

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.

Tree limbs. All limbs of trees which project over a public sidewalk less than ten (10) feet above the surface thereof and all limbs which project over a public street less than fourteen (14) feet above the surface thereof.

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

(g)

Fireworks. All use or display of fireworks except as provided by the laws of the State of Wisconsin and ordinances of the Village.

(h)

Dilapidated buildings. All buildings or improvements, whether residential or nonresidential and which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of these factors is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency and crime, and is detrimental to the public health, safety, morals or welfare.

(i)

Wires over streets. All wires over streets, alleys or public grounds which are strung less than fifteen (15) feet above the surface thereof.

(j)

Noisy animals or fowl. The keeping or harboring of any animal or fowl which, by frequent or habitual howling, yelping, barking, crowing or making of other noises, shall greatly annoy or disturb a neighborhood or any considerable number of persons within the Village.

(k)

Obstructions of streets; excavations. All obstructions of streets, alleys, sidewalks or crosswalks and all excavations in or under the same, except as permitted by the ordinances of the Village, or which, although made in accordance with such ordinances, are kept or maintained for an unreasonable or illegal length of time after the purpose thereof has been accomplished, or which do not conform to the permit.

(l)

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

(m)

Abandoned refrigerators. All abandoned refrigerators or iceboxes from which the doors and other covers have not been removed or which are not equipped with a device for opening from the inside.

(n)

Flammable liquids. Repeated or continuous violations of the ordinances of the Village or laws of the state relating to the storage of flammable liquids.

(o)

Unremoved snow and ice. All snow and ice not removed or sprinkled with ashes, sawdust, sand or other chemical removers, as provided in this Code.

Restrictions on the use of laser pointers. No person may do any of the following:

Intentionally direct a beam of light from a laser pointer at any part of the body of a correctional officer, law enforcement officer, or commission warden without the officer's consent, if the person knows or has reason to know that the victim is a correctional officer, law enforcement officer, or commission warden who is acting in an official capacity.

Intentionally and for no legitimate purpose direct a beam of light from a laser pointer at any part of the body of any human being.

Intentionally direct a beam of light from a laser pointer in a manner that could reasonably be expected to alarm, intimidate, threaten or terrify another person.

Intentionally direct a beam of light from a laser pointer in a manner that, under the circumstances, tends to disrupt any public or private event or create or provoke a disturbance.

§ 19.085 Chronic nuisance premises.

Official warning and notice.

Whenever the Chief of Police determines that two (2) or more police nuisance activities resulting in enforcement action have occurred at a premises on separate days during a twelve (12)-month period, only the Chief may notify the premises owner and tenant in writing by issuance of an official notice of nuisance activity. In reaching this determination, the Chief shall not count nuisance activities resulting in enforcement actions that were reported by the owner of the premises. Only the Chief may initiate and implement the procedure and enforcement for police nuisance activities under this division.

Whenever the Zoning Administrator determines that four (4) or more code related nuisance activities resulting in enforcement action have occurred at a premises on separate days during a twelve (12)-month period, only the Zoning Administrator may notify the premises owner and tenant in writing. In reaching this determination, the Zoning Administrator shall not count nuisance activities resulting in enforcement actions that were reported by the owner of the premises. Only the Zoning Administrator may initiate and implement the procedure and enforcement for code nuisance actives under this Section.

The Chief of Police and Zoning Administrator may jointly agree to initiate, implement and enforce this Section in the event that an aggregate of four (4) or more combined police nuisance activities and code nuisance activities, in any combination thereof, resulting in enforcement action have occurred at a premises on separate days during a twelve (12)-month period.

The notice shall contain the street address, including unit number if applicable, or legal description sufficient to identify the premises, a description of the nuisance activities and enforcement actions that have occurred at the premises; a statement indicating that the cost of future enforcement may be assessed as a special charge against the premises, and a notice as to the appeal rights of the owner.

The written notice shall be delivered to the owner of the premises by one (1) of the following methods in descending order of preference: personal service, certified mail, first class mail, posting and/or publication, such other means as provided by law for service of process in a civil action, in that order, as the Chief or Zoning Administrator, as applicable, may determine appropriate under the particular facts and circumstances.

The Chief or Zoning Administrator can notify the premises owner and tenant in writing by issuance of the Official Notice of Nuisance Activity without having prior issued an official warning of nuisance activity.

Abatement plan. Any owner receiving an official notice of nuisance activity shall personally meet with the Village Official, Chief or Zoning Administrator, who issued the notice, or with his or her the applicable Village Official's designee, within five (5) days of receipt of such notice, or have the meeting scheduled. The Chief or Zoning Administrator, as applicable, and the owner shall review the problems occurring upon the premises and/or property. Within ten (10) days of this meeting, the owner shall submit to the Chief or Zoning Administrator, as applicable, or his or her applicable Village Official's designee, a detailed written abatement plan designed to forthwith and effectively end all the nuisance activity upon the premises. The plan shall also specify a name, address, and telephone number of a person living within sixty (60) miles of the premises who can be contacted in the event of further police, fire, or inspection activities and/or contact. The owner of the premises shall maintain a current list of all tenants, occupants, residents, and sublessees authorized to occupy the buildings on such property. The owner of the premises will provide a sample copy of their lease agreement used for the premises. The owner of the premises will maintain a detailed inspection log of the premises. Upon verbal or written request to the owner, the lease agreement, tenant list, and inspection log shall be made available to the Chief or Zoning Administrator within forty-eight (48) hours. The owner shall comply with other reasonable requests made by the Chief or Zoning Administrator. The abatement plan will be in effect for a twelve (12)-month period. If additional nuisance activity occurs on the premises, the abatement plan may be continued by the Chief or Zoning Administrator for an additional twelve (12)-month period.

(3)

Additional nuisance activity. Whenever the Chief or Zoning Administrator, as applicable, determines that:

Additional nuisance activity and/or enforcement action has/have occurred upon a premises for which the written notice has been issued under this Section;

This additional nuisance activity and/or enforcement action has/have occurred more than fifteen (15) days after the written notice was served; and

Reasonable effort has not been made by the owner of the premises to abate the nuisance activity; then the Chief or Zoning Administrator, as applicable, may issue a municipal ordinance citation to the owner of the premises for violation of Section 19.085(2). The Chief or Zoning Administrator, as applicable, may also calculate all of the cost, fees and expenses arising from and/or pertaining to any and all such police and related Village responses and enforcement, including, but not limited to, actual burdened labor, overtime, materials, vehicle use, and related administrative time and efforts for this and any subsequent nuisance activities and enforcement actions upon, for and/or pertaining to the premises. The Chief or Zoning Administrator, as applicable, shall then cause all such costs, fees and expenses to be charged against the owner of the premises and the premises itself, and if unpaid, charged, assessed, levied and collected by the Village as a special charge against the premises/property.

(4)

Appeal.

Appeal by affected property owner. An affected owner of the premises may appeal the Chief of Police's or Zoning Administrator’s, as applicable, determination and invoiced special charges arising from and imposed for the police and related costs, fees and expenses set forth in this section in the manner set forth in this subsection.

The appeal shall be in writing, filed with the Village Clerk, stating with specificity the grounds for the appeal and the relief requested. The appeal shall be filed within ninety (90) days of the invoice from the Village Clerk.

The appeal shall be considered only if filed prior to the time that any unpaid special charges imposed against the premises/property under this section are turned over by the Treasurer onto the tax roll.

Chapter 68, Wis. Stats., shall not apply to such an appeal nor shall any other provision of state law or Village ordinance to the contrary. The appellate procedure set forth herein shall govern and be exclusive.

Upon receipt of the written appeal, the Village Clerk shall set the matter for a public hearing for a regularly scheduled meeting of the Village Board not less than thirty (30) days nor more than sixty (60) days after the filing of the written appeal.

The Village Clerk shall provide written notice to the appellant and to the Chief of Police or Zoning Administrator, as applicable, of such Village Board meeting hearing date, time and place.

(g)

The parties may agree to continuances and stipulations as to procedure and substance, but in no event shall the hearing be continued beyond the time set forth in Section 19.085(4)(c).

(h)

The hearing shall be open to the public, recorded by a sound recording device and the recording preserved for seven (7) years by the Village Clerk. A party may request a court reporter, but the requesting party shall pay all costs of the court reporter in advance regardless of the determination of the appeal.

(i)

The appellant and the Chief of Police or Zoning Administrator as applicable, may each present witnesses who testify upon oath after being duly sworn-in by the Village Clerk, the Deputy Village Clerk or any other person authorized by law to administer oaths.

(j)

After the hearing, the Village Board in open session shall deliberate and then consider by recorded motion, second and vote with a majority of Board Members voting governing.

(k)

The Village Finance Director/Treasurer shall adjust all invoices, tax and related Village records in accord with the Board's determination.

(5)

Violations; penalties; remedies; injunctive and other relief.

§ 19.086 Abatement of public nuisances.

In addition to the special charges authorized and described in this section, the following penalties, remedies and other relief are cumulative and not exclusive, may be jointly and severally sought and/or employed by the Village, and may be ordered and/or imposed, as applicable, by the courts:

First offense. Any person who shall violate any provision of this division or any regulation, rule, or order made hereunder shall forfeit and pay to the Village not less than $100.00 nor more than $1,000.00, together with the costs of prosecution.

Subsequent offenses. Any person who shall violate any provision of this division or any regulation, rule, or order made hereunder within twenty-four (24) months after committing a previous violation shall forfeit and pay to the Village not less than $200.00 nor more than $5,000.00, together with the costs of prosecution.

Each and every day that a violation occurs, continues and/or remains present constitutes a separate offense.

The Village, in addition to the above monetary penalty and special charges may from time to time seek and obtain, and the court may order, temporary and/or permanent injunctive relief, abatement, and such other legal and/or equitable relief, remedies, judgments, and/or orders of the court against any person and/or property as the court may, from time to time, deem necessary, appropriate and/or desirable to effectuate the intent of this division and the public good, peace, order, welfare, and/or safety.

In addition to the above penalties, relief and remedies, the Village Board may refuse to issue or not-renew any license or permit to the owner of the premises and/or the premises, after conducting a public hearing thereon.

It shall be the responsibility of the convicted person to immediately abate each and every violation upon the premises property as expeditiously as possible, unless otherwise directed by the Village or the court.

This division is cumulative in its legal affect and is not in lieu of any and all other legal and equitable remedies under Village ordinances, state statutes, state administrative codes, and common law, including, but not limited to, forfeiture of the property to the Village under this division and/or the applicable state statutes.

Summary abatement.

Notice to owner. If the inspecting officer determines that a public nuisance exists within the Village and that there is a danger to public health, safety, peace, morals or decency, notice may be served by the inspecting officer or an authorized deputy on the person causing, maintaining or permitting such nuisance or on the owner or occupant of the premises where such nuisance is caused, maintained or permitted, and a copy of such notice shall be posted on the premises. Such notice shall direct the person causing, maintaining or permitting such nuisance, or the owner or occupant of the premises, to abate or remove such nuisance within a period not less than twenty four (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 or person causing, maintaining or permitting the nuisance, as the case may be.

Abatement by Village. If the nuisance is not abated within the time provided or if the owner, occupant or person causing the nuisance cannot be found, the officer having the duty of enforcement shall cause the abatement or removal of such public nuisance.

§ 19.088 Enforcement; violations and penalties.

Abatement by court action. If the inspecting officer determines that a public nuisance exists on private premises but that the nature of such nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals or decency, the inspector or sanitarian shall file a written report of such findings with the Village Administrator, who, upon direction of the Village Board, shall cause an action to abate such nuisance to be commenced in the name of the Village in a Court of competent jurisdiction in accordance with the provisions of Chapters 800 and 823, Wis. Stats.

(3)

Court order. Except where necessary under Section 19.086(1), an officer hereunder shall not 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 is occupied and, if such permission is denied, shall apply to any court having jurisdiction for an order assisting the abatement of the public nuisance.

(4)

Other methods not excluded. Nothing in this chapter shall be construed as prohibiting the abatement of public nuisances by the Village or its officials in accordance with the laws of the State of Wisconsin.

§ 19.087 Recovery of costs.

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

Enforcement. The Chief of Police, Fire Chief, Director of Public Works, Zoning Administrator, and Building Inspector 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 ensure that such provisions are not violated. No action shall be taken under Section 19.086 to abate a public nuisance unless the officer 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.