[HISTORY: Adopted by the Village Board of
the Village of Osceola 8-10-1993 by Ord. No. 7-93 as Ch. 8 and Secs.
9.03 through 9.06 of the 1993 Code. Amendments noted where applicable.]
No person shall erect, contrive, cause, continue,
maintain or permit to exist any public nuisance within the Village.
As used in this chapter, the following terms
shall have the meanings indicated:
A thing, act, occupation, condition or use of property 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.
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 in § 160-2:
A.
Adulterated food. All decayed, harmfully adulterated
or unwholesome food or drink sold or offered for sale to the public.
B.
Unburied carcasses. Carcasses of animals, birds or
fowl not intended for human consumption or foods 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 animal 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. All noxious weeds and other rank growth
of vegetation. All weeds and grass shall be kept cut to a height of
not to exceed one foot.
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 Village 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 Village.
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 Village.
K.
Containers. All abandoned refrigerators or iceboxes
from which the doors and other covers have not been removed or which
are not equipped with a device for opening from the inside.
L.
Flammable liquids. Repeated or continuous violations
of the ordinances of the Village or laws of the state relating to
the storage of flammable liquids.
M.
Snow and ice. All snow and ice not removed or sprinkled
with ashes, sawdust or sand.
N.
Sanitary
facilities. Any structure or other man-made device or vehicle designed
or used for human shelter, whether permanent or temporary, including
but not limited to tents and recreational vehicles or trailers, both
transportable and nontransportable, and which is not connected to
both an approved private or public sanitary system and potable water
system except for temporary human shelters situated in a licensed
campground where sanitary sewage disposal and potable water related
to the use of such structure, device, or vehicle is otherwise provided.
[Added 1-8-2008 by Ord. No. 08-03]
O.
Public
camping. Camping in any park or playfield owned by the Village, or
on any sidewalk, street, alley, lane, public right-of-way, or under
any bridge or viaduct, or in any other public place to which the general
public has access, except in park areas licensed as a campground.
For purposes of this Subsection, “camping” means the temporary
use of a structure, tent, recreational vehicle or trailer for purposes
of human shelter, which shelter is not connected to an approved private
or public sanitary disposal system or potable water system.
[Added 1-8-2008 by Ord. No. 08-03]
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 coming within the definition in § 160-2:
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 fermented malt beverages.
All places where intoxicating liquor or fermented malt beverages are
sold, possessed, stored, brewed, bottled, manufactured or rectified
without permit or license as provided for by the ordinances of the
Village.
D.
Continuous violation of Village ordinances. Any place
or premises within the Village where Village ordinances or state laws
relating to public health, safety, peace, morals or welfare are openly,
continuously, repeatedly and intentionally violated.
E.
Illegal drinking.
(1)
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 or ordinances of the Village.
(2)
No adult person shall permit premises under his or
her control to serve or allow the illegal consumption of intoxicating
liquors or fermented malt beverages or use of controlled substances
by juveniles. This subsection does not apply to alcohol beverages
used exclusively as part of a religious service.
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 in § 160-2:
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.
B.
Illegal buildings. All buildings erected, repaired
or altered in violation of the provisions of the ordinances of the
Village relating to materials and manner of construction of buildings
and structures within the Village.
C.
Unauthorized traffic signs. An unauthorized sign,
signal, marking or device placed or maintained upon or in view of
any public highway or railway crossing which purports 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.
Removal of diseased or dead trees. All trees which are diseased or dead which are located within the Village shall be removed by the owner of the property which the trees are on. Such trees shall be marked for removal pursuant to § 160-6. If the property owner fails to remove the trees within 30 days after they are so designated, they shall be removed by the Village upon the order of the Board and the cost of removal assessed against the owner of the property where the trees are located.
G.
Fireworks. All use or display of fireworks, except
as provided by the laws of the state and ordinances of the Village.
H.
Dilapidated buildings. All buildings or structures
so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary
or otherwise unfit for human use.
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 Village.
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 Village,
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.
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.
M.
Outdoor solid-fuel heating devices.
[Added 10-11-2005 by Ord. No. 05-06]
(1)
Use prohibited. Outdoor solid-fuel heating devices
are prohibited and shall not be installed or operated within the Village
of Osceola.
(2)
All solid-fuel units installed within the Village
limits at the time of adoption of this subsection are required to
meet emission standards currently required by the Environmental Protection
Agency (EPA). Emission standards currently required by the EPA are
hereby adopted by reference, together with any amendments or modifications
made to them in the future.
(3)
The minimum stack height for any solid-fuel-fired
heating device shall meet or exceed the manufacturer's guidelines.
(4)
Any existing noncomplying stack shall be removed,
replaced or modified within a period of 60 days from the receipt of
a notice generated from the Building Inspector.
(5)
All stacks or chimneys must be so constructed to withstand
high winds or other related elements.
(6)
OUTDOOR SOLID-FUEL HEATING DEVICE
STACKS or CHIMNEYS
Definitions. As used in this subsection, the following
terms shall have the meanings indicated:
A device, structure or apparatus which supplies direct or
indirect heat from the burning of solid fuel, including but not limited
to wood, to a building.
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a solid-fuel-fired heating device; especially
that part of such structures extending above a roof.
[Amended 1-12-1999 by Ord. No. 99-01]
Chapter 252 of the Wisconsin Statutes and Chapter
H 45, Wisconsin Administrative Code, are adopted by reference and
made a part of this chapter, and the Health Officer shall enforce
the provisions thereof.
A.
Permit required. No person shall conduct within the
Village any business which has a tendency to create a public nuisance,
except upon permit issued by the Health Officer and subject to such
conditions as he or she may impose.
B.
Definition. A business which has a tendency to create a public nuisance is one which, unless properly regulated, may create the condition creating a public nuisance as defined in § 160-2 of this chapter.
C.
This section is enacted pursuant to § 66.052,
Wis. Stats.
No person shall sell, offer or expose for sale
within the Village any milk or milk product other than Grade A pasteurized
milk or milk products as defined in Chapter AG 80, Wisconsin Administrative
Code.
[Added 9-12-2006 by Ord. No. 06-14[1]]
A.
The following activities occurring on residential,
industrial, or commercial property, and engaged in by an owner, occupant,
or invitee of the owner or occupant of the property, are hereby declared
criminal activity nuisances:
(1)
Any crimes against public health and safety under
ch. 941, Wis. Stats.
(2)
Any property crimes under ch. 943, Wis. Stats.
(3)
Any crimes against sexual morality under ch. 944,
Wis. Stats.
(4)
Any crimes against the public peace under ch. 947,
Wis. Stats.
(5)
Any violation of the Uniform Controlled Substances
Act under ch. 961, Wis. Stats.
B.
DWELLING
DWELLING UNIT
PROPERTY
RENTAL UNIT
RESIDENTIAL BUILDING
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A place of abode, a residence, or a house for use by one
or more persons, excluding hotels or motels.
One or more rooms with provisions for living, cooking, sanitary,
and sleeping facilities arranged for use by one or more persons.
Any real estate not occupied by any buildings or any building
thereupon used in a trade or business, as a residential building,
dwelling, dwelling unit or rental unit.
Any dwelling unit not occupied by the owner and rented or
leased to or otherwise occupied by a third party.
A building, or portion thereof, which is arranged, designed,
used, or intended to be used for residential occupancy by one or more
families or lodgers, and which includes, but is not limited to, the
following types:
C.
The Chief of Police or his designee, upon finding that two or more criminal nuisance activities declared in this section have occurred within any given twelve-month period on the property, may cause a written notice and order to be served on the owner of record of the property declaring that such property is a nuisance property. The notice and order shall set forth the nature of the nuisances, the estimated costs to abate any future nuisance, and state that the owner may avoid being charged the costs of abatement by taking such action as may be necessary to prevent any further nuisance activity as set forth in this section. The notice shall further state that if a third or subsequent nuisance activity as declared in this section occurs within 12 months of the date of either the first or the second of the two identified nuisance activities, the Village may abate the nuisance through use of administrative and law enforcement actions, and the costs of such abatement shall be assessed against the nuisance property. Notice shall be served as set forth in § 160-10. The costs of such abatement shall be assessed against the nuisance property in the manner prescribed in § 160-12, and the costs shall be calculated as set forth in Subsection E.
D.
The owner of a nuisance property who receives a notice
from the Chief of Police or his designee pursuant to this section
may appeal such notice by submitting a written request for reconsideration
to the Chief of Police within 30 days of the date of the notice. If
the Chief of Police finds that the facts presented do not support
the declaration of a nuisance, the Chief shall rescind the notice.
Otherwise, the Chief shall deny the request and refer the appeal for
hearing by the Board of Appeals. An appeal shall not stay any action
taken or proposed to be taken by the Village to abate nuisance activity.
In any such appeal, the Village must show by a preponderance of the
evidence that each violation stated in the notice being appealed has
occurred, and that the declaration of the property as a nuisance property
or of the intent of the Village to assess the property for abatement
costs, whichever is applicable, is justified. The Village shall be
deemed to have failed to meet this standard if the owner demonstrates
by a preponderance of evidence that:
(1)
He or she was not the owner at the time of any of
the nuisance activity that is the basis of the notice; or
(2)
He or she had knowledge of the nuisance activity,
but has promptly and taken all actions necessary to abate each nuisance;
or
(3)
He or she had no knowledge of the nuisance activity
and could not, with reasonable care and diligence, have known of the
nuisance activity and, upon receipt of the notice of the declaration
of the property as a nuisance property, he or she promptly took all
actions necessary to abate the nuisance.
E.
Costs of abatement shall be assessed based upon the
sum of administrative charge of $100 plus 175% of the hourly wage
of the Police Chief multiplied by the number of hours required to
abate the nuisance.
F.
A declaration of criminal nuisance activity, an order
to abate a nuisance, or the assessment of costs by the Village against
a property under this section shall not affect or limit the Village's
right or authority to bring a criminal prosecution or to take other
legal action against any person for violation of the Village's ordinances.
A.
Enforcement. The Chief of Police, the Chief of the
Fire Department, the Building Inspector and Health Officer shall enforce
those provisions of this chapter that come within the jurisdiction
of their offices, and they shall 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 determines
that a public nuisance exists within the Village and that there is
great and immediate danger to the public health, safety, peace, morals
or decency, the President 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.
C.
Abatement after notice. If the inspecting officer determines 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 10 days, the Village may seek a forfeiture as provided in § 1-19 of the Village of Osceola Code or seek an order of abatement from the County Circuit Court in the form of an injunctive order for each violation of this article.
[Amended 7-8-2003 by Ord. No. 03-11]
D.
Other methods not excluded. Nothing in this chapter
shall be construed as prohibiting the abatement of public nuisances
by the Village or its officials in accordance with the laws of the
state.
E.
Court order. Except when necessary under Subsection B, an officer hereunder shall not 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 1-12-1999 by Ord. No. 99-01]
The Health Officer may abate health nuisances
in accordance with § 254.59, Wis. Stats., which is adopted
by reference and made a part of this chapter as if fully set forth
herein.
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 Village 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.
[Amended 7-8-2003 by Ord. No. 03-11]
Any person who shall violate any provision of this chapter or permit or cause a public nuisance shall be subject to a penalty as provided in § 1-19 of this Code. Each day a violation continues shall be a separate offense for purposes of assessment of a forfeiture.
