[Amended 12-6-2004 by Ord. No. 1879]
A. 
Unless otherwise provided herein, it shall be the responsibility of the Chief of Police, Building Inspector, Director of Public Works and Health Officer to enforce those provisions of this chapter that come within the jurisdiction of their offices, and they shall make periodic 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. 
Notice of violation.
(1) 
Whenever the Health Officer or designee determines that a violation exists or has reasonable grounds to believe that there has been a violation of any provision of this chapter, or any rule or regulation adopted pursuant thereto, he/she shall issue the violator a written order to include:
(a) 
A description of the real estate involved.
(b) 
A statement of violations and corrective actions required.
(c) 
A reasonable time limit for the performance of any corrective act required.
(d) 
A statement that if the violation is not corrected within the time set forth the Health Officer may take steps to abate the violation and that the cost of the abatement may be assessed against the owner of the property involved.
(2) 
Such notice shall be served upon the owner, operator or occupant, as the case may require, and may be served by certified mail or in the manner provided by Ch. 801, Wis. Stats., for service of summons.
C. 
Exception to written order. In cases where a violation poses an immediate health hazard to the public as determined by the Health Officer or designee, the Health Officer or designee can take all reasonable steps to abate the hazard without a written order.
A. 
Notice. If the inspecting officer determines that a public nuisance exists and that there is a great and immediate danger to the public health, safety, peace, morals or decency, he shall cause notice to be served in the manner provided for service of a summons in Circuit Court upon the person causing, permitting or maintaining the nuisance or upon the owner or occupant of the premises where such nuisance is caused, permitted or maintained and shall cause a copy of the notice to be posted on the premises. Such notice shall direct the person causing, permitting or maintaining such nuisance or the owner or occupant of the premises to abate or remove such nuisance within 24 hours 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, permitting or maintaining the nuisance, as the case may be.
B. 
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.
C. 
Abatement for Dutch elm disease control. In the case of Dutch elm disease control, the provisions of § 466-25 of the Village Code shall govern when at variance or in conflict with the abatement procedures under this article.
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 file a written report of his findings with the Village Manager, 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 the Circuit Court of Milwaukee County, in accordance with the provisions of Ch. 823, Wis. Stats.
Nothing in this article 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.
[Amended 12-6-2004 by Ord. No. 1879]
In those cases where the Village determines that it is necessary to abate the violation, the cost of the abatement may be assessed to the property owner as a special charge pursuant to § 66.0627, Wis. Stats. In addition to any other methods provided in this article, the Village shall have the power to abate human health hazards and recover the cost of such abatement in accordance with § 254.59, Wis. Stats., which is adopted by reference herein and made a part of this article as if fully set forth.
[Amended 12-6-2004 by Ord. No. 1879[1]]
Except where a penalty is otherwise prescribed, the penalty for violation of any provision of this chapter shall be as set forth in § 115-1 of the Village Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
In addition to the provisions of § 389-33, compliance with the provisions of this chapter may also be enforced by the proper officers of the Village obtaining an injunctional order issued upon the suit of the Village or upon the suit of any owner or owners of any real estate directly affected by a violation of the provisions of this chapter.