[HISTORY: Adopted by the Common Council of
the City of New Berlin 10-10-2000 by Ord. No. 2124 as Secs. 9.16, 9.17,
10.01 through 10.05, 10.07, 10.08 and 10.15 of the Municipal Code.
Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 124.
Hazardous waste — See Ch. 133.
Health and sanitation — See Ch. 137.
Noise — See Ch. 171.
Peace and good order — See Ch. 188.
Abandoned and obsolete property — See Ch. 198.
Property maintenance — See Ch. 201.
Solid waste — See Ch. 220.
Abandoned and junked vehicles — See Ch. 258.
No person shall erect, contrive, cause, continue,
maintain or permit to exist any public nuisance within the city.
A public nuisance is a 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;
D.
Unlawfully and substantially interfere with, obstruct
or render dangerous for passage any street, alley, highway, navigable
body of water or other public way or the use of public property.
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 coming within the definition of § 175-2:
A.
Adulterated food. All decayed, harmfully adulterated
or unwholesome food or drink sold or offered for sale to the public.
B.
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 24 hours after
death.
C.
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.
D.
Stagnant water. All stagnant water in which mosquitoes,
flies or other insects can multiply.
E.
Privy vaults and garbage cans. Privy vaults and garbage
cans which are not fly-tight.
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 city emitting or 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 city.
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 city.
J.
Long grass
and general ground cover. Any long grasses, grass, or deleterious,
unhealthful growth, or other noxious weeds, of eight inches or longer,
that may be growing, lying or located on any lot, place or area, or
upon any sidewalk abutting the same, within the City.
[Added 4-10-2012 by Ord. No. 2482]
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 coming within the definition of § 175-2:
A.
Disorderly houses. All disorderly houses, bawdy houses,
houses of ill fame, gambling houses and buildings or structures kept
or resorted to for the purpose of prostitution, promiscuous sexual
intercourse or gambling.
B.
Gambling devices. All gambling devices and slot machines.
C.
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 by the ordinances of the city.
D.
Continuous violation of city ordinances. Any place
or premises within the city where city ordinances or state laws relating
to public health, safety, peace, morals or welfare are openly, continuously,
repeatedly and intentionally violated.
E.
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 city.
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 of § 175-2:
A.
Illegal buildings. All buildings erected, repaired
or altered in violation of the provisions of the ordinances of the
city relating to materials and manner of construction of buildings
and structures within the city.
B.
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.
C.
Tree limbs. All limbs of trees which project over
and less than 14 feet above any public sidewalk or street or less
than 10 feet over any other public place.
D.
Dangerous trees. All trees which are a menace to public
safety.
E.
Wires over streets. All wires over streets, alleys,
or public grounds which are strung less than 15 feet above the surface
thereof.
F.
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 city.
G.
Obstructions of streets and 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 city
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 do not conform to the
permit.
H.
Unlawful assembly. Any unauthorized or unlawful use
of property abutting on a public street, alley or sidewalk, or of
a public street, alley or sidewalk which causes large crowds of people
to gather, obstructing traffic and free use of the streets or sidewalks.
I.
Flammable liquids. Repeated or continuous violations
of the ordinances of the city or laws of the state relating to the
storage of flammable liquids.
J.
Unlicensed traps. Any unlicensed trap, snare, spring
gun, set gun, net or other device which might entrap, ensnare or kill
game, or any trap without a metal tag attached as required by law.
K.
Abandoned structures.
(1)
Any structure, including buildings, which have remained
vacant, abandoned or unrepaired for such a period of time as to suffer
damage, destruction in whole or in part, the defacing thereof as reported
by citizen complaint or reflected in police report, permitting the
entry or presence of minors or other trespassers upon the site, shall
be considered a nuisance hereunder.
(2)
The office of the Chief Building Inspector shall,
upon determining such structure or building exists, provide a written
notice to the owner mailed to the address of the owner as indicated
on the last property tax bill and any last known address, if different.
Such notice shall be sent both with a return receipt and by first
class mail. The notice shall describe all deficiencies respecting
the vacant or abandoned building or structure, describe what actions
are necessary to correct such deficiencies and give the owner a reasonable
period of time, but not less than 14 days, to repair the same. Such
notice shall further advise the owner that if the required corrections
and securing of the property from entry is not made within the prescribed
period, the city will secure the property and the cost thereof will
be placed as a lien upon the property by adding such amount as an
additional charge to the real estate taxes for such property.
(3)
If the owner does not comply with the requirements
of the notice, the Chief Building Inspector shall obtain such corrective
work as required by the notice, forwarding a statement relative to
the cost thereof to the Director of Finance and Administration, who
shall place such cost on the real estate tax bill as an additional
charge for the year in which such statement was received.
[Amended 7-23-2002 by Ord. No. 2180]
No person shall have or permit on any premises
owned or occupied by him any open cisterns, cesspools, wells, unused
basements, excavations or other dangerous openings. All such places
shall be filled, securely covered, or fastened in such manner as to
prevent injury to any person and any cover shall be of a design, size
and weight that the same cannot be removed by small children.
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 control
in a place accessible to children, any abandoned, unattended or discarded
ice box, 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 the door or lid, snap lock
or other locking device from the ice box, refrigerator or container,
unless such container is displayed for sale on the premises of the
owner or his agent and is securely locked or fastened.
A.
Enforcement. The Chief of Police, Chief of the Fire
Department, Chief Building Inspector, Director of Building, Inspection
and Zoning or his designee and Health Officer 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 this section to abate a public nuisance
unless the officer shall have inspected or caused to be inspected
the premises where the nuisance is alleged to exist and shall have
satisfied himself that a nuisance does in fact exist.
B.
Summary abatement. If the inspecting officer shall
determine that a public nuisance exists within the city and that there
is great and immediate danger to the public health, safety, peace,
morals or decency, the Mayor may direct the proper officer to cause
the same to be abated and charge the cost thereof to the owner, occupant
or person causing, permitting or maintaining the nuisance, as the
case may be.
C.
Abatement after notice. If the inspecting officer shall determine 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, he shall serve notice on the person causing or maintaining the nuisance to remove the same within 10 days. If such nuisance is not removed within such 10 days, the proper officer shall cause the nuisances to be removed as provided in Subsection B.
D.
Other methods not excluded. Nothing in this chapter
shall be construed as prohibiting the abatement of public nuisances
by the city or its officials in accordance with the laws of the state.
E.
Court order. Except when necessary under Subsection B, no officer hereunder 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.
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 city 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.
