[HISTORY: Adopted by the Town Board of the
Town of Ledgeview 4-22-2008 by Ord. No. 2008-011. Amendments noted
where applicable.]
Chapter 823 of the Wisconsin Statutes is hereby
incorporated into this section as if fully set forth herein.
[Added 7-5-2011 by Ord. No. 2011-006[1]]
No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the Town or within the
police jurisdiction of the Town.
A.
Public nuisance. A public nuisance is a thing, act, occupation, condition
or use of property which shall continue for such length of time as
to:
(1)
Substantially annoy, injure or endanger the comfort, health, repose
or safety of the public.
(2)
In any way render the public insecure in life or in the use of property.
(3)
Greatly offend the public morals or decency.
(4)
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.
B.
Public nuisances affecting health. The following acts, omissions, places, conditions and things are public nuisances, but such enumeration shall not be construed to exclude other health nuisances that may be considered public nuisances under Subsection A:
(1)
All decayed, harmfully adulterated or unwholesome food or drink sold
or offered for sale to the public.
(2)
Carcasses of animals, birds or fowl not buried or otherwise disposed
of in a sanitary manner within 24 hours after death.
(3)
Accumulations of decayed animal or vegetable matter, trash, rubbish,
rotting lumber, bedding, packing material, scrap metal or any material
in which flies, mosquitoes, disease-carrying insects, rats or other
vermin may breed.
(4)
All stagnant water in which mosquitoes, flies or other insects can
multiply.
(5)
Garbage containers which are not flytight.
(6)
The escape of smoke, soot, cinders, noxious acids, fumes, gases,
fly ash or industrial dust in such quantities as to endanger the health
of persons of ordinary sensibilities or to threaten or cause substantial
injury to property.
(7)
The pollution of the Fox River or of any public well or cistern,
stream, lake, canal or body of water by sewage, creamery or industrial
wastes, refuse, garbage or other substances.
(8)
Any use of property, substances or things within the Town, or within
four miles of the Town, emitting or causing any foul, offensive, noisome,
nauseous, noxious or disagreeable odors, 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 Town.
(9)
All abandoned wells not securely covered or secured from public use.
(10)
Any obstruction in or across any watercourse, drainage ditch or swale.
(11)
The deposit of garbage, refuse or any offensive substance on any
public or private property except as may be permitted by ordinance.
C.
Public nuisances affecting peace and safety. The following acts, omissions, places, conditions and things are public nuisances, but such enumeration shall not be construed to exclude other nuisances affecting public peace or safety that may be considered public nuisances under Subsection A:
[Amended 2-15-2016 by Ord. No. 2016-002]
(1)
All ice not removed from the public sidewalks and all snow not removed
from public sidewalks within 24 hours after it has ceased to fall
thereon.
(2)
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.
(3)
All buildings erected, repaired or altered within the fire limits
of the Town in violation of the provisions of the ordinances of the
Town, relating to materials and manner of construction of buildings
and structures within such district.
(4)
All unauthorized signs, signals, markings or devices which purport
to be or may be mistaken as official traffic control devices placed
or maintained upon or in view of any public highway or railway crossing.
(5)
All trees, hedges, billboards or other obstructions which prevent
persons driving upon public streets, alleys or highways from obtaining
a clear view of traffic when approaching an intersection or pedestrian
crosswalk.
(6)
All limbs of trees which project over a public sidewalk less than
12 feet above the surface of the sidewalk or less than 14 feet above
the surface of a public street.
(7)
All use or display of fireworks except as provided by the laws of
the state and ordinances of the Town.
(8)
All buildings or structures so old, dilapidated or out of repair
as to be dangerous, unsafe, unsanitary or otherwise unfit for human
use.
(9)
All wires over streets, alleys or public grounds which are strung
less than 15 feet above the surface of the street or ground.
(10)
No person shall park or leave standing for more than 15 minutes in
any street in the Town a vehicle containing livestock, live fowl or
other living animals.
(11)
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 the peace and quiet of all
persons in the vicinity.
(12)
The obstructions of streets, alleys, sidewalks or crosswalks and
all excavations in or under the same, except as permitted by the ordinances
of the Town or which, although made in accordance with such ordinances,
are kept or maintained for an unreasonable length of time after the
purpose of such excavation has been accomplished.
(13)
All open and unguarded pits, wells, excavations or unused basements
freely accessible from any public street, alley or sidewalk.
(14)
All abandoned refrigerators or iceboxes from which the doors and
other covers have not been removed.
(15)
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.
(16)
Any structure, material or condition which constitutes a fire hazard
or will impair the extinguishing of any fire.
(17)
All use or maintenance of building exteriors or surrounding premises
which limits the use or enjoyment of neighboring property or which
causes or tends to cause diminution of the value of the property of
others in the neighborhood in which such premises is located by reason
of:
(a)
Exterior storage of junk, trash, or other debris, including,
without limitation of enumeration, storage of objects or equipment
such as motor vehicles, furniture, appliances, farm or manufacturing
equipment, building materials, litter or rubbish as defined in the
Town of Ledgeview Municipal Code.
D.
Public nuisances offending morals and decency. The following acts, omissions, places, conditions and things are public nuisances, but such enumeration shall not be construed to exclude other nuisances offending public morals and decency that may be considered a public nuisance under Subsection A:
(1)
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 and houses
where illegal drugs or controlled items are regularly used, consumed,
possessed or transferred as prohibited.
(2)
All gambling devices and slot machines.
(3)
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 by this Code.
(4)
Any place or premises where Town ordinances or state laws relating
to public health, safety, peace, morals or welfare are openly, continuously,
repeatedly and intentionally violated.
E.
Other violation nuisances. Repeated or continuous violations of any
Town ordinance or state law shall be considered a public nuisance.
[Amended 11-19-2013 by Ord. No. 2013-009; 8-4-2014 by Ord. No.
2014-017]
All noxious weeds, grass and vegetation shall be maintained
and cut as follows:
A.
Weeds,
grass and vegetation on parcels in a platted subdivision or certified
map shall be cut and maintained to a height of 12 inches or less in
the following areas:
B.
Weeds,
grass and vegetation on residential or commercial parcels shall be
cut and maintained to a height of six inches or less in all front
and side yards and in the following areas or circumstances:
(1)
Up to 25 feet behind any or all structures on the lot.
(2)
Whenever longer weeds, grass or vegetation is deemed a nuisance to
the adjoining property.
(3)
Wherever necessary to prevent the harboring of rodents or wild dangerous
animals constituting a threat to public health and safety.
(4)
In all rights-of-way or easements where functional access is required.
(5)
Within a ten-foot radius of all fire hydrants.
C.
When the Town receives a complaint on a vacant lot or residential or commercial property, a notice of violation shall be sent out granting the property owner three business days to correct such violation. If such violation is not corrected, the Town will authorize and conduct action to bring the property into compliance and bill the property owner for such efforts according to the fee schedule established under § 68-3D. If the invoice is not paid, the cost of such removal shall be charged against such property as a special charge pursuant to § 66.0627, Wis. Stats.
E.
Penalty. In addition to the provisions set forth in this section,
any person who habitually violates the provisions of this section
shall be subject to the following penalty:
[Added 6-22-2010 by Ord. No. 2010-007]
In addition to any other methods allowed by law, nuisances may
be abated as provided herein.
A.
Summary abatement. If any Town officer possessing the authority to enforce Town ordinances determines a public nuisance exists which is reasonably determined to constitute an imminent threat to public health, safety, peace, morals, or decency, a notice to abate the nuisance may be served pursuant to Subsection D, below. The notice shall order abatement of the nuisance within a period of not less than 24 hours nor greater than seven calendar days and shall state that if the nuisance is not abated, the Town shall cause the nuisance to be abated and shall charge the cost thereof to the owner, occupant, or person causing, maintaining, or permitting the nuisance. If the notice to abate has been served upon the owner of the property upon which the nuisance exists, in the event such charges are not paid within 30 days of mailing an invoice to the owner, occupant, or person causing, maintaining or permitting the nuisance, all costs of abatement shall be placed on the tax roll as a special charge pursuant to Wis. Stats. § 66.0627.
B.
Non-summary abatement. If any Town officer possessing the authority to enforce Town ordinances determines a public nuisance exists but does not determine that the nuisance constitutes an imminent threat to public health, safety, peace, morals, or decency, a notice to abate the nuisance may be served pursuant to Subsection D, below. The notice shall order abatement of the nuisance within a period of not less than 15 calendar days nor more than 30 calendar days and shall state that if the nuisance is not abated, the Town shall cause the nuisance to be abated and shall charge the cost thereof to the owner, occupant, or person causing, maintaining, or permitting the nuisance. If the notice to abate has been served upon the owner of the property upon which the nuisance exists, in the event such charges are not paid within 30 days of mailing an invoice to the owner, occupant, or person causing, maintaining or permitting the nuisance, all costs of abatement shall be placed on the tax roll as a special charge pursuant to Wis. Stats. § 66.0627.
C.
Abatement plan. If any Town officer possessing the authority to enforce Town ordinances determines a public nuisance exists but does not determine that the nuisance constitutes an imminent threat to public health, safety, peace, morals, or decency, an order may be issued to the owner, occupant, or person causing, maintaining, or permitting the nuisance to appear for a hearing before the Town Board to discuss abatement of the nuisance. Notice of the hearing shall be issued and served pursuant to Subsection D below. Prior to the hearing before the Town Board, the owner, occupant or person causing, maintain or permitting the nuisance may arrange for a meeting with the officer and any other appropriate Town officer or employee to discuss the abatement plan to be presented to the Town Board. The abatement plan shall indicate the measures to be taken by the owner, occupant, or person causing, maintaining, or permitting the nuisance to abate the nuisance and a timeline establishing when such measures shall be completed. Upon Town Board approval of the abatement plan, said plan shall constitute an order of the Town Board to comply with the plan.
D.
Notice to abate. A notice to abate under this section shall be served
by personal service unless, after reasonable efforts prove unsuccessful,
the notice may be posted in a conspicuous place on the property where
the nuisance exists and mailed by first-class mail to the last known
address of the owner or agent of the owner. Personal service need
not be attempted on an owner whose last known address is outside of
Brown County, Wisconsin.
