[HISTORY: Adopted by the Common Council of the City of Franklin 8-5-1997 by Ord. No. 97-1461 as Ch. 11 of the 1997 Code. Amendments noted where applicable.]
No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the City.
[Amended 11-13-2012 by Ord. No. 2012-2097]
A public nuisance is a thing, act, occupation, condition or use of property, or property or premises upon which its occupant(s) commit public nuisances, which shall continue for such length of time as to:
Substantially annoy, injure or endanger the comfort, health, repose or safety of the public.
In any way render the public insecure in life or in the use of property.
Greatly offend the public morals or decency.
Unlawfully and substantially interfere with, obstruct or tend 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.
Require a disproportionate amount of City services including police, fire and inspection services.
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 § 178-2:
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.
Breeding places for vermin, etc. Accumulations of decayed animals 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.
Privy vaults and garbage cans. Privy vaults and garbage cans which are not flytight.
[Amended 6-22-1999 by Ord. No. 99-1560; 4-18-2000 by Ord. No. 2000-1598; 7-9-2002 by Ord. No. 2002-1720]
Purpose. The purpose of this subsection is to promote the preservation, restoration and management of native plant communities and wildlife habitats within the City limits, while recognizing that landowners may have an interest in maintaining managed turf grass landscapes. The use of wildflowers and native plants in managed landscape design is encouraged; is economical; reduces maintenance; conserves water and soil; reduces use of pesticides, herbicides, and fertilizers; sustains butterflies, birds, and other wildlife; and preserves rapidly disappearing species.
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
- The complete killing of weeds or the killing of weed plants above the surface of the ground by the use of chemicals, cutting, tillage, cropping system, pasturing livestock, or any or all of these in effective combination, at a time and in a manner as will effectually prevent the weed plants from maturing to the bloom or flower stage.
- NOXIOUS WEEDS
- Canada thistle, leafy spurge and field bindweed (creeping Jenny) and such other vegetative material as is set forth under this definition. The growth of noninvasive native plants, including but not limited to ferns, grasses, forbs, aquatic plants, trees and shrubs in a managed and maintained landscape is permitted under this Subsection F, provided such plants were not obtained, planted or maintained in violation of any federal, state or other local law and further provided that such landscape or vegetated area is not unmanaged in appearance or overgrown, when such growth indicates a condition of neglect that may adversely affect human health, safety or welfare or property values, the latter conditions of illegal or unmanaged growth constituting noxious weeds. All noxious weeds shall be kept cut to a height not to exceed 18 inches, and in platted subdivisions which have buildings on more than 50% of the lots, noxious weeds shall be kept cut to a height of not to exceed six inches. Noxious weeds also include: Bull thistle (Cirsium vulgare), Crown Vetch (Coronilla Varia), Queen Anne's Lace (Daucus carota), Purple loosestrife (Lythrum salicaria) Garlic mustard (Alliaria petiolata), White sweetclover (Melilotus alba), Yellow sweetclover (Melilotus officinalis), Periwinkle (myrtle) (Vinca Minor), Teasel (Dipsacus sylvestris), Common burdock (Actium miunus) and Giant burdock (Actium lappa).[Amended 9-24-2002 by Ord. No. 2002-1726]
- Every individual, association, firm, corporation or entity of any kind whatsoever.
- SUBNOXIOUS WEEDS
- Plants which have the potential to invade wild areas, out-compete native species and degrade habitats. Subnoxious weeds are prohibited within any landscape plan as may be required by the City of Franklin Unified Development Ordinance; however, the removal or destruction of existing subnoxious weeds by a landowner is encouraged, but not required. Subnoxious weeds include: Autumn olive (Elaeagnus umbellata), Barberry (Berberris spp.), Multiflora Rose (Rosa multiflora), Buckthorn Common buckthorn (Rhamnus cathartica), Glossy "Tall hedge" buckthorn (Rhamnus frangula:), European alder (Alnus glutinosa), Privet (Ligustrum vulgare), Siberian elm (Ulmus pumila), Norway maple (Acer platanoides) and European honeysuckle (Lonicera tartarica, L. japonica, L. maakii, L. morrowi, L. x-morrowi, L. x-bella and their cultivars).
Destruction required. Every person shall destroy all noxious weeds on land which such person owns, occupies or controls.
Weed Commissioner appointment. Annually on or before May 15, the Mayor shall appoint a Weed Commissioner for each aldermanic district. If an Alderperson wishes to be the Weed Commissioner for that district, the Mayor shall appoint the Alderperson.
Weed Commissioner's duties. The Mayor delegates to the City Clerk the responsibility to annually publish on or before May 15 a Class 2 notice under Ch. 985, Wis. Stats., that every person is required to destroy noxious weeds on land within his or her control, ownership or occupancy. The Weed Commissioner shall carefully investigate the existence of noxious weeds and cause such noxious weeds to be destroyed by cutting. The Weed Commissioner may also be the weed cutter. The Weed Commissioner and/or cutter is authorized to enter upon any lands not exempt under § 66.0407(5), Wis. Stats., pursuant to § 66.0517(3), Wis. Stats.
Procedure. Upon discovering the existence of noxious weeds, the Weed Commissioner may notify the office of the Clerk to give five days' written notice by mail to the owner or occupant of the land containing noxious weeds to destroy such weeds. If such weeds are not destroyed after five days, the Weed Commissioner shall cause all noxious weeds on the identified land to be destroyed by cutting. The cutter shall keep a written record of the time devoted to weed destruction for each parcel of land.
Payment. The cutter shall make and present to the City Clerk an account verified by oath and approved by the Weed Commissioner. The account shall specify by separate items the hours and amount chargeable to each parcel of land. For private land, the City shall enter the amount chargeable and an investigative notice charge of $35 to each parcel of land in the tax roll as a tax on the land, which shall be collected as a tax. For public land, the City may collect the amount due by other available means.
[Amended 4-2-2013 by Ord. No. 2013-2104]
Certain complaints prohibited. No person shall make or aid and abet in the making of a written or oral complaint to the City or the Weed Commissioner under this Subsection F with the intent to obtain weed cutting work for monetary compensation for the person or for a person other than the Weed Commissioner. Any person violating this Subsection F(4)(e) shall be subject to the penalty provision set forth under § 1-19 of the Municipal Code.
Appeals. A person owning, occupying or controlling land which is the subject of a determination of the existence of noxious weeds by the Weed Commissioner may object to and appeal such determination. Such person shall have a right of appeal, provided that the person files a written objection and request for an appeal with the City Clerk within three days of the date of the notice to the person to destroy weeds set forth under Subsection F(4)(c), above. Upon receipt of the written objection and request for appeal, the City Clerk shall deliver copies of the objection and request to the Weed Commissioner and the Alderperson of the district in which the property is located. The Alderperson may attempt to mediate the dispute, and upon notice from the Alderperson to the City Clerk that the Alderperson will not mediate the dispute or that mediation has failed or upon the expiration of five days from the date of delivery without notice that the dispute has been resolved, the City Clerk shall place the objection and request upon an agenda for Common Council determination. The person appealing shall provide written and photographic or video evidence to the Common Council that the subject vegetation is not noxious weeds and the burden of proof of such issue shall be on the appellant.
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.
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.
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.
Air pollution. The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash and industrial dust or other atmospheric pollutants within the City limits or within one mile therefrom in such quantities as to endanger the health of persons of ordinary sensibilities or to threaten or cause substantial injury to property in the City.
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 within the definition of § 178-2:
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.
Gambling devices. All gambling devices and slot machines.
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.
Continuous violation of laws. 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/or intentionally violated. This includes any place or premises which by virtue of such continuous law violations requires a disproportionate amount of City services.
[Amended 11-13-2012 by Ord. No. 2012-2097]
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 § 178-2:
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.
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 its color, location, brilliance or manner of operation interferes 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 and less than 10 feet above any public sidewalk, street or other public place.
Dangerous trees. All trees which are a menace to public safety or are the cause of substantial annoyance to the general public.
Fireworks. All use or display of fireworks except as provided by the laws of the State of Wisconsin and ordinances of the City.
Dilapidated buildings. All buildings or structures so old, dilapidated or out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human use, including but not limited to unoccupied dwelling structures upon which every window frame and/or sash is not fully supplied with glass window panes or an approved substitute which is without open cracks or holes, such window glazing maintenance thereby being a requirement hereunder. The aforesaid glazing maintenance requirement shall not be applicable in situations where the Building Inspector has determined that safety and/or security circumstances require the boarding up of windows.
[Amended 1-7-2014 by Ord. No. 2014-2129]
Wires over streets. All wires over streets, alleys or public grounds which are strung less than 15 feet above the surface thereof.
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.
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 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.
Dangerous excavations, etc. All open and unguarded pits, wells, excavations or unused basements freely accessible from any public street, alley or sidewalk.
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.
Limitation on the operation of drones.
[Added 5-3-2016 by Ord. No. 2016-2217]
No person may operate a drone, as defined in § 114.105(1)(a), Wis. Stats., over a correctional institution, as defined in § 801.02(7)(a)1, Wis. Stats., including any grounds of the institution.
A law enforcement officer investigating an alleged violation of Subsection N(1) shall seize and transfer to the Department of Corrections or authority in charge of the correctional institution any photograph, motion picture, other visual representation, or data that represents a visual image that was created or recorded by a drone during an alleged violation of Subsection N(1).
Public nuisances declared. The Council, having determined that the health of the elm trees within the City is threatened by a fatal disease known as "Dutch Elm Disease," hereby declares the following to be public nuisances:
Any living or standing elm tree or part thereof infected with the Dutch Elm Disease fungus or which harbors any type of the elm bark beetles.
Any dead elm tree or part thereof, including logs, branches, firewood, stumps or other elm material, from which the bark has not been removed and burned or sprayed with an effective elm bark beetle destroying insecticide.
Nuisances prohibited. No person shall permit any public nuisance as defined in Subsection A to remain on any premises owned or controlled by him or her within the City.
Inspection. The City Forester shall inspect or cause to be inspected all premises and places within the City at least twice each year to determine whether any public nuisance as defined in Subsection A exists thereon, and shall also inspect or cause to be inspected any elm tree reported or suspected to be infected with the Dutch Elm Disease or elm bark bearing material infested with elm bark beetle.
Abatement of nuisances.
If the City Forester, upon inspection and examination, shall determine that any public nuisance as herein defined exists in or upon any public street, alley, boulevard, parkway, park or other public place, including the terrace strip between curb and sidewalk within the City, and that the danger to other trees within the City is imminent, he or she shall immediately cause it to be removed and burned or otherwise abate the same in such a manner as to prevent as fully as possible the spread of Dutch Elm Disease or the insect pests or vectors known to carry such disease fungus.
If the City Forester determines with positive certainty that any public nuisance as herein defined exists in or upon private premises and the danger to other elm trees within the City is not imminent, he or she shall immediately serve upon the owner of the property, if he or she can be found, or upon the occupant, a written notice to abate such nuisance within 30 days of the service of such notice. If the owner or occupant does not abate such nuisance within the time limit, the Forester shall cause the same to be abated. No damage shall be awarded to the owner for destruction of any elm tree, elm wood or any part thereof pursuant to this chapter.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- Any RV which is unsightly due to a failure to internally or externally be kept in a good state of maintenance.
- A paved or unpaved surface providing ingress and egress from a public right-of-way to a structure located on the property.
- A building or portion thereof, designed or used for residential occupancy.
- The act of inhabiting, dwelling in or residing in.
- MOTOR VEHICLE
- A self-propelled medium of transportation whose design and use is land-based and which is used for the towing or transport of people, property, materials or animals and includes, but is not limited to, automobiles, trucks, buses, road operable RV's, race cars, off-road vehicles, motorcycles, semi-trucks, motor scooters or mopeds, tractors, vans and other similar devices designed to be legally driven on public streets and highways.
- MOTOR VEHICLE, ABANDONED
- A motor vehicle which, through disuse and/or failure to be used, remains in one location for a period of 10 consecutive days or more, unless the property owner or occupant provides written proof of intent and ability to use the vehicle within six months, or a motor vehicle which has been reported as stolen to any Police Department.
- MOTOR VEHICLE, DISASSEMBLED
- Any motor vehicle which has parts, accessories or equipment removed or missing therefrom so that it cannot be operated safely or legally.
- MOTOR VEHICLE, INOPERABLE
- Any motor vehicle which is incapable of functioning.
- MOTOR VEHICLE, JUNK
- Any motor vehicle which is partially dismantled, wrecked or damaged in such a manner that it cannot be operated safely or legally upon any thoroughfare.
- MOTOR VEHICLE, PARTS
- Any part or parts of any motor vehicle or any accessories thereof which affects the safety or operation of such motor vehicle or safety of its occupants.
- MOTOR VEHICLE, UNLICENSED
- A motor vehicle which does not have affixed to it a current motor vehicle license registration plate or a motor vehicle in which the affixed motor vehicle license registration plate does not belong.
- RECREATIONAL VEHICLE OR RV
- Any vehicle used for recreational purposes upon or by which any person, animal or property is or may be transported or drawn upon a waterway, road, street, highway or other ground-like surface. This includes, but is not limited to, all terrain vehicles (ATV's), motor-homes, trailers, trailer coaches, fifth wheel trailers, collapsible camping trailers, utility trailers, boat trailers, canoes, boats, snowmobiles, pickup (slide in) campers, truck caps, mini motor-homes, converted and chopped vans (created by altering or changing an existing auto van to make it into a recreational vehicle), private bus, converted bus and other such vehicles used for recreational purposes, but not specifically defined herein.
- The physical relocation of property to a proper location.
- ROAD OPERABLE RV
- Any RV that is self-propelled and licensable as a roadworthy vehicle, is currently licensed as such and is in an operable condition, including but not limited to motor vehicles which through some adaption have been converted to a road operable RV status.
- The ability to be operated safely and legally on roads, streets, highways or other public thoroughfares.
- SURFACE, PAVED
- Any all-weather hard and permanent surface having a good and sufficient subbase with a Portland cement concrete, plant mix bituminious concrete surface or macadam surface free of dust, loose stones, gravel or any surface that is graded, compacted and maintained so as to be dustfree and of a design to support the traffic.
- SURFACE, UNPAVED
- Grass and dirt surfaces are to be construed to be an unpaved surface.
- YARD, FRONT
- That portion of the yard located between the base setback line and the front plane of the building or buildings, including any offset in the structures, extended to each side lot line.
- YARD, REAR
- A yard extending along the full length of the rear lot line between the side lot lines. On a corner lot, the rear yard shall be that yard directly opposite the front yard.
- YARD, REQUIRED SIDE
- That portion of the side yard as designated by the side yard area requirements.
- YARD, SIDE
- A yard extending along a side lot line from the front yard to the rear yard.
Prohibited. No person or other entity who owns or controls any premises shall allow themselves or any lessee, tenant or occupant to have disassembled, inoperable, unlicensed, junked or abandoned motor vehicles or parts thereof to be stored or allowed to remain in the open upon any public or private property within the City for a period in excess of 10 days, unless it is in connection with an automotive sales or repair business enterprise located in a properly zoned area and with a zoning compliance permit pursuant to § 15-9.0102 of the Unified Development Ordinance. This shall not apply to vehicles or parts thereof stored in an approved structure. The covering or tarping of a vehicle is not considered storage in an approved structure.
[Amended 4-9-2003 by Ord. No. 2003-1747]
Upon notification to remove any disassembled, inoperable, unlicensed, junked, abandoned or wrecked motor vehicles or parts of the same, either from the property or to a proper storage facility, the person or other entity in charge of or in control of the property shall not cause removal of the same vehicle to any other private property upon which such storage is not in compliance with this Code.
Whenever the Code Enforcement Officer, Building Inspector or Assistant Building Inspector shall find any disassembled, inoperable, unlicensed, junked or abandoned motor vehicles or parts of the same have been removed contrary to Subsection B(2)(a), he or she shall order those vehicles or parts of the same to be removed within 10 days of notice.
Vehicle removal firm responsibility.
All vehicles or vehicle parts removed shall be removed to a storage facility of the removal firm's choosing. The duration of the storage will be for a minimum of 10 days, at the end of which the removal firm may dispose of such vehicles or vehicle parts in any manner it deems desirable, unless previously claimed by the owner.
The removal firm or the operator of the junk or salvage yard to which the vehicles or vehicle parts are removed may charge a fee for the handling and storage of vehicles or vehicle parts that have been removed at the request of the City.
The City shall be held harmless and the vehicle removal firm shall assume full responsibility for all vehicles removed under the terms of this section.
Junk or discarded property. No person or other entity shall store or allow to be stored open to the elements and not in an approved structure on any lot, except in Industrial Districts where specifically approved, any junk or discarded property, including but not limited to refrigerators and other appliances; toilets, sinks and other plumbing fixtures; furnaces; machinery or machinery parts; wood; construction materials; amusement park devices; barrels; old iron; chain; brass; copper; tin; lead; other base metals; paper clippings; rags; rubber; glass, bottles or similar items; and any other debris, equipment or implement.
No person or other entity shall store firewood in the front yard, the required side yard, the side yard area that adjoins a public street or within 10 feet of the rear yard, except that a person may temporarily, not to exceed 14 days, store firewood in the front yard.
No person or other entity shall store, to be used as firewood, for more than 30 days, waste construction lumber, pallets, tree cuttings or tree parts, unless such have been cut up or split to usable size and stacked in a neat and orderly manner.
Removal of debris.
No person or other entity shall dispose of rocks, downed trees, stumps, brush, waste building materials or other debris from land development or improvement, building construction, street grading or other activity, except at a licensed landfill site.
No landowner shall allow an accumulation of rocks, trees, stumps, brush, waste building material or other debris from land development or improvement, building construction, street grading or other activities upon the surface of the land for a period of more than 30 days.
All landfill operations or other activities of the land that would interfere with mowing shall be leveled off to permit the mowing between May 15 and November 1 of each year. This includes the removal of stones, bottles, wire and other debris that will interfere with the mowing operation.
Motor vehicle parking.
No motor vehicle may be parked upon premises zoned as or employed for residential use unless within a garage or upon a paved or unpaved driveway leading directly from the roadway to the garage or parking stall.
No parking will be allowed upon any unpaved surface.
No single-family residential dwelling shall have more than a single driveway ingress/egress point to the public street. The City Council may approve additional ingress/egress points.
Storage and parking of RV's and RV parts/equipment. No RV may be stored or parked on premises zoned as or employed for residential use, except as set forth in this subsection.
Ownership. The RV shall be owned by the property owner or occupant, provided that he or she is a resident of the premises.
Size limits. No RV or road operable RV which exceeds any one of the following shall be any place on any lot zoned for, used as or employed for residential use: 30 feet in length, eight feet wide and 13 feet six inches in height.
Yard parking setbacks. No RV may be parked in the side yard abutting a public street without a temporary parking permit, unless the RV is screened by a six-foot-high solid fence or natural screening. Said fence shall comply with all fence regulations. For purposes of this section, natural screening shall mean year-round dense plantings, at least six feet tall at time of planting, and screens at least 50% of the view of the RV, at time of planting, when viewed from the perpendicular on the adjoining street. All RV's in excess of 10,000 pounds' gross weight, unless loading or unloading [see Subsection G(4)], are prohibited from parking in the front yard area. Road operable RV's shall be parked either within an enclosed attached garage or detached accessory structure or on a paved or unpaved driveway surface with the side or rear yards, with setbacks conforming with Zoning Ordinance regulations.
[Amended 12-15-1998 by Ord. No. 98-1526]
Loading and unloading parking. RV's may be parked in the front yard drive area for the sole purpose of loading and unloading for a duration not to exceed two twenty-four-hour nonconsecutive days in any seven-day period without a temporary parking permit.
Temporary permit parking. RV's, regardless of size, may be parked in the front yard or the side yard abutting a public street only upon issuance of a temporary permit. Temporary permits may be issued by the Code Enforcement Officer, Building Inspector or Assistant Building Inspector upon application and receipt of a five-dollar permit fee for a period not to exceed two weeks. This permitted time shall not exceed two calendar weeks in any consecutive thirty-day period. 
Editor's Note: Original Section 11.07(7)(f), which immediately followed this subsection, was repealed by Ord. No. 94-1297.
Parking of disrepaired RV's. Disrepaired RV's shall not be allowed to be stored in the open on any property, but may be stored in an approved structure on the property. The accumulation of RV related parts, debris or related paraphernalia will not be allowed, unless those parts, debris or paraphernalia are stored in an approved structure.
Maintenance of RV parking area. The ground area under and immediately surrounding RV's or RV equipment shall be maintained free of weeds, noxious weeds, debris, junk or overgrowth. The weeds, noxious weeds or overgrowth shall comply with § 178-3F of this chapter.
Habitation. No RV shall be used for human or animal habitation, excepting mobile home parks or parks for campers.
Utilities connection prohibitions. RV's shall have fixed connections to electricity, water, gas or sanitary sewer facilities, excepting when loading or unloading.
Variance allowance. In those cases where parking is a hardship, as regards space constraints relative to overall size of the RV that are noted, the Code Enforcement Officer, Building Inspector or Assistant Building Inspector, after reviewing the hardship, will be empowered to make an allowance of no more than 10% of the total length of the RV in question.
Whenever the Code Enforcement Officer, Building Inspector or Assistant Building Inspector shall be advised of or observe any violation of this section, the Code Enforcement Officer, Building Inspector or Assistant Building Inspector shall give notice of the violation to the property owner. If the violation is not corrected, the Code Enforcement Officer, Building Inspector or Assistant Building Inspector may correct or have the violation corrected, and the charges, if any, for such correction shall be entered as a special charge on the tax roll for the property owner.
Notwithstanding all other provisions, the City may seek injunctive relief by an action in circuit court.
Enforcement. The Chief of Police, Chief of the Fire Department, Building Inspector and Health Officer shall enforce those provisions of this chapter that come within the jurisdiction of their offices and 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 satisfied himself or herself that a nuisance does in fact exist.
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, he or she 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.
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 or she 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 or issue citation(s) subjecting the person(s) to § 1-19, Penalty provisions, of this Code.
[Amended 8-17-2010 by Ord. No. 2010-2017]
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.
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.
[Amended 11-13-2012 by Ord. No. 2012-2097]
Costs chargeable to property.
Whenever a property, as a result of continuous law violations occurring on such property, is determined to have used a disproportionate amount of City services, the actual cost of providing future services shall be charged to the property owner as provided for herein. Any unpaid costs shall be assessed against the real estate as a special charge pursuant to the procedures set forth herein.
Whenever the Chief of Police, Chief of the Fire Department Building Inspector Zoning Administrator and/or Health Officer, or their designees, determines that, as a result of continuous law violations, a property has and will continue to require a disproportional amount of City services, the Chief, Inspector, Administrator and/or Officer, or their designees, shall send via certified mail addressed to the owner of the offending property a notice advising the owner of such determination. Such notice shall also provide notice to the property owner that the actual cost of services provided that the property following service of the notice will be charged to, and the responsibility of the owner.
Within 15 days from the date of providing services to a property after the service of the notice provided for in Subsection A(2)(a), the department(s) rendering such services shall invoice the property owner for the actual costs of the services provided. The owner shall have 30 days from the date of the invoice within which to make payment. Any unpaid amounts after 60 days shall be assessed against the real estate as a special charge.
The owner may, within 15 days of recent of any invoice issued hereunder, file a written appeal with the City Clerk to have the Common Council determine whether the costs assessed are reasonable and appropriate. The filing of such anneal shall operate to stay the time for which the assessment is due until such time as the Council makes a determination on the appeal. The Council may make such modifications and revisions of the proposed assessment as it deems just, and may order the account and proposed assessment confirmed or denied, in whole or in part, or as modified and revised. The determination of the Council shall be final and conclusive.
Costs of abatement. 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.