[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.
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.
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.
