[HISTORY: Adopted by the Town Board of the
Town of Hudson 8-7-2007. Amendments noted where applicable.]
This chapter shall be known as the "Town of
Hudson Public Nuisance Ordinance."
A.
It is hereby declared to be the policy of the Town
of Hudson to safeguard the health, safety, welfare, and rights of
its residents within the privacy of their homes and property. No person
shall erect, contrive, cause, continue, maintain, or permit to exist
any public nuisance within the Town of Hudson.
B.
Problems concerning public nuisances are best resolved
by thoughtful discussions and cooperative agreements between affected
parties.
C.
At least two written complaints by two individuals
residing at separate addresses filed at the office of the Town Clerk
within 30 days are required to initiate action.
D.
However, to resolve remaining public nuisance problems,
it is the policy of the Town of Hudson to provide enforcement procedures
and penalties.
As used in this chapter, the following terms
shall have the meanings indicated:
An unattended motor vehicle, trailer, semitrailer, or mobile
home, on any public street, highway, or public or private property,
for such circumstances as to cause the vehicle to reasonably appear
to have been abandoned.
Any stove, washer, dryer, refrigerator, freezer, or other
household appliance that is no longer operable in the sense for which
it was manufactured.
Furniture, floor or window treatments or other items intended
for the interior use of a dwelling.
Inoperable, unlicensed, junked, or wrecked motor vehicles,
truck bodies, semitractors, semitrailers, or trailers defined as incapable
of propulsion or being operated upon the public streets and highways.
Inoperable, unregistered, junked or wrecked watercraft that
is incapable of buoyancy on water or not seaworthy.
A public nuisance is an object, act, occupation,
condition or use of property which shall for such length of time as
to:
A.
Substantially annoy, injure or endanger the comfort,
health, repose, or safety of the public.
B.
Unlawfully and substantially interfere with, obstruct,
or tend to obstruct or render dangerous for passage any street, highway,
navigable body of water or other public way or the use of public property.
The following acts, omissions, places, conditions
and things are hereby specifically declared to be public health, safety
and welfare nuisances and shall be deemed a violation of this chapter:
A.
Carcasses of animals, birds, or fowl which are not
buried or otherwise disposed of in a sanitary manner within 72 hours
after death of such animal.
B.
All domestic animals running at large and/or which
cause damage to property, plantings or structures.
C.
All owners of property located within the areas zoned
Agricultural/Residential or Residential who have junked or unusable
vehicles, watercraft or inoperable appliances which are not enclosed
by a building with four walls and a roof.
[Amended 12-7-2021 by Ord. No. 2021-3]
D.
No person shall have an unattended motor vehicle,
trailer, or semitrailer on any public street, highway, or public property,
for such time and under such circumstances as to cause the vehicle
to reasonably appear to have been abandoned. When any such vehicle
has been left unattended on any street or highway or on any public
property within the Town of Hudson for a period of more than 24 hours,
the vehicle is deemed abandoned and constitutes a public nuisance
and can be removed for the public welfare. If the condition is deemed
a safety hazard, a Town Board member has the authority to act to have
the hazard removed immediately.
[Amended 12-7-2021 by Ord. No. 2021-3]
E.
All buildings or structures so old, dilapidated, or
out of repair as to be dangerous, unsafe, unsanitary or otherwise
unfit for human use or occupancy.
F.
All appliances from which the doors have not been
removed or are not equipped with a device for opening from the inside.
G.
All household furnishings left outside more than 24
hours for any purpose excluding waste pickup.
A.
Inspection. Whenever two written complaints are filed
with the Town Clerk that a public nuisance exists within the Town
of Hudson, the Building Inspector/Zoning Administrator or Animal Control/Animal
Humane Officer shall promptly inspect or cause to be inspected, the
location complained of, and shall make a written report of his/her
findings, including any citations issued, to the Town Board. Whenever
possible, photographs should be taken of the premises and be filed
in the office of the Town Clerk.
[Amended 12-7-2021 by Ord. No. 2021-3]
B.
Summary abatement.
(1)
Notice to owner/occupant. If the Building Inspector/Zoning
Administrator or Animal Control/Animal Humane Officer shall determine
that a public nuisance exists within the Town and that there is great
and immediate danger to the public health, safety, and welfare, the
Town Chairperson may direct the Building Inspector/Zoning Administrator
or Animal Control/Animal Humane Officer to serve a notice upon the
person causing, permitting or maintaining such nuisance or take any
steps necessary to correct the violation.
[Amended 12-7-2021 by Ord. No. 2021-3]
(a)
If immediate personal service cannot be made, a copy of such
notice shall be posted on the premises in a location to attract the
attention of the owner or occupant, as well as direct mail notice
to the last known owner of said property.
(b)
Such notice shall direct the person causing, permitting, or
maintaining such nuisance, or the owner or occupant of the premises
to abate such nuisance and will charge the cost thereof to the owner,
occupant, or person maintaining the nuisance.
(2)
Abatement by Town. If the nuisance is not abated or
if the owner, occupant, or person causing the nuisance cannot be found,
the Building Inspector/Zoning Administrator or Animal Control/Animal
Humane Officer shall cause the abatement or removal of such public
nuisance. If the nature of the nuisance is not such as to threaten
immediate danger to the public health, safety, or welfare, the Building
Inspector/Zoning Administrator or Animal Control/Animal Humane Officer
may issue one or more citations for each day of the violation for
a said time period, and to report back whether compliance has occurred.
[Amended 12-7-2021 by Ord. No. 2021-3]
(3)
Other methods not excluded. Nothing in this chapter
shall be construed as prohibiting the abatement of public nuisances
by the Town Board by any means necessary including court action.
C.
Cost 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 abatement of any
public nuisance by the Town shall be collected as a debt from the
owner, occupant, or person causing, permitting, or maintaining the
nuisance. If notice to abate the nuisance has been given to the owner,
occupant, or person, such cost shall be assessed as a special charge
on the Town tax roll or referred to court.
D.
Enforcement provisions (see Citation Schedule[1]).
(1)
First offense/penalty: Any person who shall violate this chapter shall forfeit as noted in the Ch. 32, Citations.
(2)
Second offense/penalty: Any person who shall violate this chapter who was issued a citation previously shall forfeit as noted in Ch. 32, Citations.
(3)
Each day of violation of this chapter may constitute
a separate offense.
A.
The Town Board may issue a temporary permit for a
finite amount of time to allow a property owner an exception to this
chapter for one vehicle or watercraft, if the vehicle or watercraft
owner intends to restore it.
B.
The permit will be issued to the property owner and
may be renewed by the Town Board upon request of the property owner.
This chapter shall take effect the day after
its publication in the paper of record.
