[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:
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 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.
E.
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:
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 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.
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 flytight.
F.
Noxious weeds.
[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]
(1)
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.
(2)
DESTROY
NOXIOUS WEEDS
PERSON
SUBNOXIOUS WEEDS
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.
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.
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).
(3)
Destruction required. Every person shall destroy all
noxious weeds on land which such person owns, occupies or controls.
(4)
Enforcement.
(a)
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.
(b)
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.
(c)
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.
(d)
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]
(e)
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.
(5)
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.
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.
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.
K.
Manufacture, distribution, dispensing, and possession of controlled
substances. Manufacture, distribution, dispensing, or possession of
a controlled substance or any related offense as set forth in the
Wisconsin Statutes, Chapter 961, Uniform Controlled Substances Act,
as amended from time to time.
[Added 7-20-2021 by Ord.
No. 2021-2471]
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:
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 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]
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 § 178-2:
A.
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.
C.
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.
D.
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.
E.
Tree limbs. All limbs of trees which project over
and less than 10 feet above any public sidewalk, street or other public
place.
F.
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 City.
H.
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]
I.
Wires over streets. All wires over streets, alleys
or public grounds which are strung less than 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 City.
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 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.
L.
Dangerous excavations, etc. All open and unguarded
pits, wells, excavations or unused basements freely accessible from
any public street, alley or sidewalk.
M.
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.
N.
Limitation on the operation of drones.
[Added 5-3-2016 by Ord.
No. 2016-2217]
(1)
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.
(3)
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).
A.
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:
(1)
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.
(2)
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.
B.
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.
C.
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.
D.
Abatement of nuisances.
(1)
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.
(2)
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.
A.
DISREPAIR
DRIVEWAY
DWELLING
HABITATION
MOTOR VEHICLE
MOTOR VEHICLE, ABANDONED
MOTOR VEHICLE, DISASSEMBLED
MOTOR VEHICLE, INOPERABLE
MOTOR VEHICLE, JUNK
MOTOR VEHICLE, PARTS
MOTOR VEHICLE, UNLICENSED
RECREATIONAL VEHICLE OR RV
REMOVAL
ROAD OPERABLE RV
ROADWORTHY
SURFACE, PAVED
SURFACE, UNPAVED
YARD, FRONT
YARD, REAR
YARD, REQUIRED SIDE
YARD, SIDE
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.
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.
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.
Any motor vehicle which has parts, accessories or equipment
removed or missing therefrom so that it cannot be operated safely
or legally.
Any motor vehicle which is incapable of functioning.
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.
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.
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.
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.
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.
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.
Grass and dirt surfaces are to be construed to be an unpaved
surface.
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.
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.
That portion of the side yard as designated by the side yard
area requirements.
A yard extending along a side lot line from the front yard
to the rear yard.
B.
Junked vehicles.
(1)
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]
(2)
Removal.
(a)
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.
(b)
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.
(3)
Vehicle removal firm responsibility.
(a)
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.
(b)
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.
(c)
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.
C.
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.
D.
Firewood.
(1)
No person or other entity shall store firewood on
a parcel of land between the lot line adjoining a public right-of-way
and the nearest facade of the principal structure, except that a person
may temporarily, not to exceed 14 days, store firewood in the area
between the public right-of-way and the nearest facade of the principal
structure.
[Amended 12-21-2021 by Ord. No. 2021-2489]
(2)
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.
E.
Removal of debris.
(1)
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.
(2)
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.
(3)
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.
F.
Motor vehicle parking.
(1)
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.
(2)
No parking will be allowed upon any unpaved surface.
(3)
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.
G.
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.
(1)
Ownership. The RV shall be owned by the property owner
or occupant, provided that he or she is a resident of the premises.
(2)
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.
(3)
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]
(4)
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.
(5)
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. [1]
[1]
Editor's Note: Original Section 11.07(7)(f),
which immediately followed this subsection, was repealed by Ord. No.
94-1297.
(6)
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.
(7)
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.
(8)
Habitation. No RV shall be used for human or animal
habitation, excepting mobile home parks or parks for campers.
(9)
Utilities connection prohibitions. RV's shall have
fixed connections to electricity, water, gas or sanitary sewer facilities,
excepting when loading or unloading.
(10)
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.
H.
Enforcement.
(1)
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.
(3)
Notwithstanding all other provisions, the City may
seek injunctive relief by an action in circuit court.
A.
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.
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, 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.
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 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]
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.
[Amended 11-13-2012 by Ord. No. 2012-2097]
A.
Costs chargeable to property.
(1)
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.
(2)
Procedure.
(a)
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.
(b)
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.
(c)
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.
B.
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.
