[Adopted 2-4-2002 by Ord. No. 02-06 (§ 9.09
of the 1988 Code)]
For the purpose of this article, the following
terms, phrases, words, and their derivations shall have the meaning
given herein. When not inconsistent with the context, words used in
the present tense include the future, words in the plural number include
a singular number, and words in a singular number include the plural
number. The word "shall" is always mandatory and not merely directory.
The Community Development Director of the Village of Pleasant
Prairie, Kenosha County, Wisconsin, or his/her designee.
[Amended 7-20-2020 by Ord. No. 20-19]
Includes, but shall not be limited to, appliances, refrigerators,
stoves, furnaces, washing machines, tires, wood, machinery, machinery
parts, or other unsightly debris the condition of which is wrecked,
dismantled, partially dismantled, discarded or inoperative in the
case of appliances.
Any vehicle which is self-propelled and designed to travel
along the ground, and shall include but not be limited to automobiles,
buses, motorbikes, motorcycles, motor scooters, motor homes, trucks,
tractors, go-carts, golf carts, campers, and mopeds.
As defined in Ch. 340, Wis. Stats., shall include any inoperable
or unlicensed or unroadworthy or disassembled or wrecked motor vehicle.
Any person, firm, partnership, association, corporation,
company, or organization of any kind.
Any real property within the Village which is privately owned
and which is not public property as defined in this section.
Any street or highway, which shall include the entire width
between the boundary lines of every way publicly maintained for the
purposes of vehicular traffic, and shall also mean any other publicly
owned property or facility.
The Village of Pleasant Prairie, Kenosha County, Wisconsin.
[Amended 7-20-2020 by Ord. No. 20-19]
No person shall park, store, leave, or permit the parking, storing, or leaving of any motor vehicle or recreational vehicle as defined in Chapter 420 of any kind which is in an abandoned, wrecked, dismantled, unlicensed, unregistered, inoperable, rusted, junked, or partially dismantled condition, whether attended or not, upon any public or private property within the Village. The presence of an abandoned, wrecked, dismantled, unlicensed, unregistered, inoperable, rusted, junked or partially dismantled vehicle, or parts thereof, on public or private property is hereby declared a public nuisance which may be abated as such in accordance with the provisions of this article. In addition, violators shall be subject to a municipal citation for a monetary forfeiture. This section shall not apply to any vehicle enclosed within a building on private property or to any vehicle held in connection with a business enterprise lawfully licensed by the Village and properly operated in the appropriate business zone pursuant to the zoning laws of the Village.
A.
All premises shall be maintained by the responsible
person in a clean, sanitary and reasonably safe condition. No person
shall store any of the items, such as but not limited to the items
listed below, outside of an enclosed building for longer than 30 days.
[Amended 7-20-2020 by Ord. No. 20-19]
(1)
Debris.
(2)
Rubbish, garbage and recyclables not placed in proper
containers.
(3)
Household hazardous waste.
(4)
Any condition which encourages rodent, insect or other
animal infestation or harborage.
(5)
New or used building materials not being used as part
of an active construction permit issued by the Village.
(6)
(Reserved)
(7)
Consumer electronics (brown goods), such as but not
limited to televisions, computers, radios, or game consoles; major
appliances (white goods), such as but not limited to appliances, furnaces,
water heaters, water softeners and air conditioners; and small appliances,
such as but not limited to toasters, coffee makers, blenders and microwave
ovens.
(8)
Combustible materials which are not used as an integral
part of an authorized business carried out on the premises.
(9)
Raw material, equipment parts or bulk commodities,
unless said items are raw material used in a lawful business carried
out on the premises and stored in a lawful manner.
(10)
Parts of a motor vehicle, recreational vehicle,
motorcycle, ATV, snowmobile, jet ski, boat, aircraft or other similar
vehicle.
(11)
Tires (excluding tires used as sandboxes, swings
or playground equipment).
(12)
Household furniture not designed for exterior use.
(13)
Brush, fallen trees, branches or other landscaping items.
(14)
Sand, gravel, dirt, rock or similar material not being used as part
of an active construction or erosion control permit issued by the
Village.
B.
The presence of junk and unsightly debris is hereby
declared a public nuisance which may be abated as such in accordance
with the provisions of this article. In addition, violators shall
be subject to a monetary forfeiture municipal citation.
[Amended 5-6-2019 by Ord.
No. 19-08; 1-23-2023 by Ord. No. 23-06]
Whenever the existence of any such nuisance as defined in this
article comes to the attention of the Chief of Police or his/her designee,
in the case of a nuisance motor vehicle, or the Community Development
Director or his/her designee, in the case of other accumulations of
junk and unsightly debris, the property owner and/or occupant of the
premises shall be notified in the following manner.
A.
First offense. A notice and order shall:
(1)
Be in writing.
(2)
Include a statement of the violation with reference to the applicable
provisions of this article.
(a)
With respect to nuisance automobiles located on private property,
the notice shall contain an order that the occupant shall, within
30 days, repair, assemble, make the vehicle operable and roadworthy
and license any vehicle which may not be licensed or, in the alternative,
place such vehicle in a garage or enclosed structure or remove the
vehicle from the property and place such vehicle within a duly authorized
and licensed sales, repair or salvage business lawfully operating
within a properly zoned area and in compliance with all state and
local laws, rules, regulations, licenses and permits. The notice shall
further advise the owner of the vehicle that if the nuisance is not
corrected, the vehicle is subject to being towed and stored at the
owner's expense and, if not redeemed, disposed of by the tower
as authorized by state law.
(b)
With respect to junk and unsightly debris, the notice shall
contain an order to place such junk in an enclosed structure or remove
it from the premises. The notice shall further advise the owner that
if the nuisance is not corrected, the Village may direct its employees
or its agents to enter onto the subject premises and place the property
in compliance and dispose of the junk and debris, with the costs thereof
being charged to the owner or assessed as a special tax assessment
against the real estate.
(3)
Advise the occupant and/or owner that he is additionally subject
to a money forfeiture for each day a violation of this article exists.
B.
Repeated offense.
(1)
With respect to nuisance automobiles located on private property,
a notice and order shall be provided in the same manner as a first
offense.
(2)
With respect to junk and unsightly debris, a notice and order shall
not be required prior to issuing citations; provided that no substantial
change to the ordinance has been made since the first offense.
C.
Method of service. Any of the following methods of service are acceptable:
(1)
In the case of a nuisance automobile, notice shall be given to the
owner of the motor vehicle by personal service or via regular United
States Mail to the owner's address as shown on the records of
the Wisconsin Department of Transportation and by posting a copy of
the notice on the vehicle.
(2)
In the case of junk and debris, notice shall be given to the owner
of record of the real estate where the junk and debris are located
and to the occupant of any building on said property by personal service
or via regular United States Mail. If the property owner cannot be
served as noted above, then said written notice may be given by posting
a copy of the notice on or about the main entrance to the building
of the subject premises.
[Amended 5-6-2019 by Ord.
No. 19-08; 8-16-2021 by Ord. No. 21-18; 8-16-2021 by Ord. No. 21-20; 1-23-2023 by Ord. No. 23-06]
The following procedures or any combination thereof may be utilized
to eliminate the nuisance:
A.
Nuisance motor vehicles.
(1)
With respect to nuisance motor vehicles upon private property, if
the violation described in the notice has not been remedied within
the thirty-day period for compliance, the Village or its designee
shall have the right to take possession of the nuisance vehicle and
tow it from the premises, with the cost and expense charged to the
owner or assessed as a special tax assessment against the real estate.
Any unclaimed towed vehicles may be disposed of by towers through
means and procedures authorized by law.
(2)
Notice of removal. Within 48 hours of the removal of such junked
motor vehicle, the Chief of Police, or their designee, shall give
notice to the registered owner of the vehicle, if known, and to the
owner or occupant of the private property from which the vehicle was
removed that said vehicle or vehicles have been impounded and stored
for violation of this article. The notice shall give the location
where the vehicle or vehicles are stored and the costs incurred by
the Village for the removal.
B.
Other junk and debris. With respect to other junk and debris, if
the violation described in the notice has not been remedied within
the time required by the notice, the Village may direct its employees
or its agents to enter onto the subject premises and place the property
in compliance and dispose of the junk and debris, with the costs thereof
being charged to the owner or assessed as a special tax assessment
against the real estate.
C.
Additional remedies. Violation of this article is declared to be
a public nuisance. All methods of abatement and enforcement provided
by Chapter 823 Wisconsin Statutes ("Nuisances") are authorized and
incorporated herein. As to any nuisance described herein, in addition
to, but not exclusive or prejudice of such other remedies as may apply,
the Village may issue a municipal citation to the owner or occupant
for violation of this article which, upon conviction, would subject
the owner or occupant to a forfeiture of $500 plus court costs, for
each day the violation remains in existence.
A.
Administrative hearing.
(1)
Request for administrative hearing. The persons to whom the notices are directed, or their duly authorized agents, may file a written request for hearing before the Community Development Director as a designee of the Village Board of Pleasant Prairie within the thirty-day period of compliance prescribed in § 234-14.
(2)
Procedure for administrative hearing.
(a)
Purpose of hearing. The only purpose of a hearing
hereunder is to permit the owner or possessor of the nuisance property
to show that the nuisance to be abated is, in fact, not a nuisance
subject to removal or abatement hereunder.
(b)
Stay pending hearing. Where a hearing is requested
within the time provided for compliance with this article in the notice,
no action shall be taken to eliminate or abate the nuisance by removing
the subject property from the premises until the hearing is held.
(c)
Date for hearing. The hearing will be held as
soon as practicable after the filing of the request, and the persons
to whom the notices are directed shall be advised, in writing, of
the time and place of said hearing at least five days business days
in advance thereof.
(d)
Content of written request for hearing. The
request for the administrative hearing shall state the error alleged
in the initial determination of the Community Development Director
or her designee and shall provide the address and phone number of
the owner of the nuisance property or the occupant of the premises
requesting the hearing.
(e)
Failure to appear. The failure of the owner
of the nuisance property or the occupant of the premises to appear
at the scheduled hearing shall constitute a waiver of said right to
a hearing.
(f)
Nature of hearing. The person conducting the
hearing, which shall be informal and not subject to the rules of evidence,
shall note in writing the facts presented and the position of the
owner or possessor of the property alleged to be a nuisance, shall
mark and retain exhibits and shall determine, in writing, whether
or not this article has been violated. At any such hearing, the Village
and the persons to whom the notices have been directed may introduce
such witnesses and evidence as either party deems necessary.
(3)
Administrative hearing decision. A decision shall be made by the Community Development Director in writing and filed with the Village Clerk within five business days after the administrative hearing. If this article has been determined by the Director to have been violated, the owner or possessor of the property determined to be a nuisance shall be notified of a compliance date which is not less than 14 days from the date of the written decision. Any further appeal shall be pursuant to Subsection B of this section.
B.
Appeal of the administrative hearing decision. An appeal shall be as hereinafter provided, the Village electing not to be governed by Ch. 68, Wis. Stats.
(1)
Request for an appeal. An aggrieved party desiring to appeal from an administrative hearing determination pursuant to Subsection A shall file a written notice of appeal which must be received by both the Village Clerk and the Community Development Director prior to the expiration of the time for compliance with this article provided in the decision of the Community Development Director.
(2)
Procedure for appeal.
(a)
Purpose of appeal hearing. The only purpose
of an appeal hearing hereunder is to permit the owner or possessor
of the nuisance property to show that the nuisance to be abated is,
in fact, not a nuisance subject to removal or abatement hereunder.
(b)
Nature of appeal. The review shall be a de novo
(new) review of the decision of the Community Development Director.
(c)
Stay pending appeal. Where an appeal is requested
within the time provided for compliance with this article in the notice,
no action shall be taken to eliminate or abate the nuisance by removing
the subject property from the premises until the appeal is held.
(d)
Content of notice of appeal. The notice of appeal
shall state the error alleged in the initial decision and shall provide
the address and phone number of the appellant and a filing fee as
established in the Village Fee Schedule.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(e)
Appeal board. The appeal shall be heard by a
quorum of the Village Zoning Board of Appeals at a regularly scheduled
meeting or a special meeting called by the Chairman of the Board.
(f)
Notice required. The Village shall file a Class
1 notice pursuant to the Wisconsin States Statutes, and a written
notice shall be sent via regular mail to the appellant a minimum of
five business days prior to the appeal hearing.
(g)
Failure to appear. The failure of the owner
of the nuisance property or the occupant of the premises to appear
at the scheduled appeal hearing shall constitute a waiver of said
right to a hearing.
(h)
Nature of appeal hearing. The appeal hearing
shall not be subject to the rules of evidence. However, any witness
giving testimony shall be sworn. The testimony shall be electronically
or stenographically recorded.
(3)
Appeal of hearing decision. A decision shall be made by a majority of the Board members present, provided that a quorum is present as stated in § 234-16B(2)(e). The Board's decision shall be in writing and filed with the Village Clerk within five business days after the hearing. If the initial finding of the Community Development Director is upheld, the appellant shall be notified in writing and given at least 48 hours to comply with this article and the decision of the Board. Any further appeal shall be by writ of certiorari to the Circuit Court of Kenosha County.
[Amended 7-20-2020 by Ord. No. 20-19]
