[HISTORY: Adopted by the Village Board of the Village of
Rothschild 11-13-1967 as Secs. 8.04, 8.09, 8.14 and 8.15 of the 1967 Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 195.
Excavations — See Ch. 289.
Fire prevention — See Ch. 306.
Junk dealers — See Ch. 370.
Peace and good order — See Ch. 422.
Property maintenance — See Ch. 437.
Solid waste — See Ch. 464.
Trees and shrubs — See Ch. 505.
Abandoned and junked vehicles — See Ch. 520.
Water and sewers — See Ch. 535.
Wells — See Ch. 546.
[Amended 12-11-2017]
A nuisance is an unreasonable activity or use of property that
interferes substantially with the comfortable enjoyment of life, health,
or safety of others. Under this Chapter, nuisances include any condition
endangering human life or health and any source of filth or sickness
or any act prohibited by this Chapter.
[Amended 12-11-2017]
A.
The Village may order the abatement or removal of a nuisance on private
premises, and if the owner or occupant fails to comply, the Village
or its agent may seek a special inspection warrant pursuant to § 66.0119,
Wis. Stats., to enter upon the premises and abate or remove such nuisance.
B.
Cost of abatement. The cost of abatement or removal of a nuisance
by the Village may be collected from the owner or occupant, or the
person causing, permitting or maintaining the nuisance, or such cost
may be charged against the premises as a special charge pursuant to
§ 66.0627, Wis. Stats.
[Amended 12-11-2017]
No person shall spit, expectorate, or deposit any sputum, spittle,
saliva, phlegm, mucous, tobacco juice or quids of tobacco upon the
floors or stairways or any other part of any theater, public hall
or building or upon the floor of any part of any railroad car or bus
or any other public conveyance in the Village of Rothschild or upon
any sidewalk abutting on any public street, alley or lane of the Village.
No person shall construct or maintain any septic tank, cesspool, privy vault or other receptacle for filthy water or for sewage upon any lot, part of a lot or parcel of land in the Village abutting upon any street or alley in which the sanitary sewer and water mains are laid to serve such lot or parcel of land. See Chapter 535, Water and Sewers.
[Amended 3-13-1989; 8-12-2013; 12-11-2017]
Pursuant to the provisions of § 66.0407, Wis. Stats.,
the following weeds are declared to be noxious weeds when growing
or existing within the boundaries of said Village:
A.
HARDWARE CLOTH
OWNER or MANAGER
RAT HARBORAGE
RATPROOF CONTAINER
RATPROOFING
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Wire screening of such thickness and spacing as to afford
reasonable protection against the entrance of rats and mice.
Includes any person, firm or corporation having actual possession,
charge, care or control of any property or premises in the Village
of Rothschild.
Any place where rats can live and nest without fear of frequent
molestation or disturbance.
A container constructed of concrete or metal, or the container
shall be lined with metal or other material that is impervious to
rats, and openings into the container such as doors shall be tight
fitting to prevent the entrance of rats.
Consists of closing openings in building foundations and
openings under and around doors, windows, vents and other places which
could provide means of entry for rats with concrete, sheet iron, hardware
cloth or other types of ratproofing material approved by the Village.
[Amended 12-11-2017]
B.
Elimination of rat harborages. Whenever accumulations of rubbish,
boxes, lumber, scrap metal, car bodies, or any other materials provide
rat harborage, the person, firm or corporation owning or in control
of such materials shall cause the materials to be removed or the materials
shall be stored so as to eliminate the rat harborage. Lumber, boxes
and similar materials shall be neatly piled. These piles shall be
raised at least a foot above ground. When the owner of the materials
cannot be found, after reasonable search, the owner or manager of
the premises on which the materials are stored shall be responsible
for the disposal or proper piling of the materials.
C.
Elimination of rat feeding places. No person, firm or corporation
shall place, or allow to accumulate, any materials that may serve
as a food for rats in a site accessible to rats. Any waste material
that may serve as food for rats shall be stored in ratproof containers.
Feed for birds shall be placed on raised platforms or such feed shall
be placed where it is not accessible to rats.
D.
Extermination. Whenever rat holes, burrows, or other evidence of
rat infestation is found on any premises or in any building within
the Village, it shall be the duty of the owner or manager of such
property to exterminate the rats or to cause the rats to be exterminated.
Within 10 days after extermination, the owner or manager shall cause
all of the rat holes or burrows in the ground to be filled with earth,
ashes, or other suitable material.
E.
Ratproofing.
(1)
It shall be the duty of the owner or manager of any building in the
Village of Rothschild to make such building reasonably ratproof, to
replace broken basement windows, and when necessary to cover the basement
window openings with hardware cloth or other suitable material for
preventing rats from entering the building through such window openings.
(2)
The owner or manager of any premises upon which sheds, barns, coops
or similar buildings are located shall eliminate the rat harborages
from within and under such buildings by ratproofing, raising the buildings
above the ground, or by some other suitable method, or such sheds,
barns, coops or other buildings shall be razed.
A.
No operator of any vehicle carrying any livestock, fertilizer, or
other commodity or material which gives off any offensive or unusual
odor or noise shall park, stop, or leave such vehicle standing, whether
attended or unattended, upon the streets or alleys or upon any public
or private property in any inhabited residence or business district
of the Village of Rothschild for a longer period than five minutes,
except for the necessary and lawful loading or unloading of such vehicle
or in case such vehicle is disabled in such a manner or to such extent
that it is impossible to avoid stopping or temporarily leaving such
vehicle in such position or place.
B.
No vehicle shall be operated, moved, parked or left standing in the
streets of the Village of Rothschild unless such vehicle is so constructed
and loaded as to prevent its contents from dropping, sifting, leaking
or otherwise escaping therefrom.[1]
[1]
Editor’s Note: Former Subsection C, pertaining to penalties
for violation of this section, was repealed 12-11-2017.
[Amended 12-11-2017]
Any person violating this Chapter, or failing to perform or obstructing the performance of any duties prescribed therein, shall be subject to § 1-2 of this Code.
[Added 1-12-2015]
A.
Declaration. The Village of Rothschild Board finds that from time to time certain premises in the Village of Rothschild require a disproportionate amount of Village resources (including public safety services provided by the Rothschild Police Department) to be devoted to addressing various nuisances, criminal activities and other incidents that occur thereon. Often this disproportionate devotion of Village resources is due to the property owner's actions or failure of the property owners to accept and exercise sufficient responsibility for and over the actions of occupants, guests, agents or employees that reside or frequent that premises. Such premises, as further described in § 407-10B, are deemed chronic nuisance premises and are hereby recognized as a public nuisance due to the resource drain it causes the community as a whole. This section is enacted to encourage property owners and/or managers to engage in their responsibility to ensure that activities occurring on their property conform to the law and do not unduly burden the Village's resources and to provide a mechanism for the Village to take action against property owners who fail to ensure premises they own do not require a disproportionate devotion of resources to the premises. This section is not intended to discourage crime victims or any person in legitimate need of police services from requesting them.
B.
Determination of chronic nuisance premises.
(1)
Any residential unit premises to which a Village department (including
the Rothschild Police Department) responds to complaints of any nuisance
activity that results in a municipal citation or Village enforcement
action, three or more separate times within any sixty-day period,
is deemed to have received and required more than the general acceptable
level of municipal services and places an undue burden upon the taxpayers
of the Village. A "residential unit" shall be defined as a delineated,
single-family residence that is housed in a home, duplex unit, apartment
complex, condominium or other residential dwelling. For the purpose
of this subsection, a "nuisance activity" shall be any offense(s)
which violates the Village of Rothschild Ordinances or any offense
under state law for which a penalty under state law provides for a
forfeiture, fine or imprisonment.
(2)
Any nonresident owner of a residential unit(s) available for lease
or rent within the Village of Rothschild that has had three units
or 10% of its available units for lease or rent, whichever is the
greater number of units, designated as a chronic nuisance premises,
shall be deemed a chronic nuisance landlord and shall be subject to
the notice, abatement, hearing and penalties and remedies provisions
of this section. Further, the designation of a chronic nuisance landlord
shall be posted in the Village's official newspaper, website
and newsletter for the purpose of public awareness. For the purpose
of this subsection, a determination of chronic nuisance premises or
the designation of a chronic nuisance landlord of a mobile home park
shall be a reviewable item in consideration of renewal of the mobile
home park's annual operating license under § 66.0435,
Wis. Stats.
[Amended 12-11-2017]
(3)
Any business or commercial venture to which a department responds to complaints of nuisance activity that results in a municipal citation or municipal enforcement action five or more separate times within any sixty-day period is deemed to have received and required more than the general, acceptable level of municipal services and places an undue burden upon the taxpayers of the Village. For the purposes of this subsection, a "nuisance activity" is defined under § 407-10B. For the purposes of this subsection, a determination of a chronic nuisance premise that carries any class of municipal liquor license shall be a reviewable item in consideration of the revocation of the premises' liquor license under § 125.12(2), Wis. Stats.
(4)
For the purpose of this section, a residential unit or business venture
shall automatically be designated as a chronic nuisance premises if
any single nuisance is affiliated with illegal drug distribution or
gang activity (§ 823.113, Wis. Stats.).
(5)
An offense shall not be considered a nuisance if it is committed
by a person having no association with the premises, by acquaintance
with, relation to or expressed or implied invitation from the owner,
occupant, operator or agent of the premises.
(6)
An offense shall not be considered a nuisance if it is:
(7)
Whenever any such premises exists, the appropriate Village department
head, jointly with the Rothschild Police Department Chief, shall determine
from the facts of each incident and considering the purpose of this
subsection as set forth in Section (a) above, whether the premises
is a chronic nuisance premises. A chronic nuisance premises shall
be defined as a public nuisance.
C.
Notice. Whenever a Village department head and the Rothschild Police Department Chief find a premises that constitutes a chronic nuisance premises under § 407-10B(1), the department head, with the approval of the Rothschild Police Department Chief, shall provide written notice of his determination to the owner of the premises as identified by the records of the Village Assessor and Marathon County Land Records. Such notice shall be delivered by registered mail, return receipt requested or by personal service. If the owner cannot be located, the notice shall be published as a Class 2 notice under Ch. 985, Wis. Stats. The notice shall contain the following information:
(1)
The street address and number, if applicable, otherwise the parcel
number or legal description sufficient to identify the premises;
(2)
A brief statement, including a description of the relevant activities,
supporting the determination that the premise is a chronic nuisance
premises;
(3)
A statement that the owner shall respond, within 10 days of receipt
of the notice or last day of publication if published, to the appropriate
department head and Rothschild Police Department Chief requesting
a hearing before the Village Board or proposing in writing a course
of action that will be taken to abate the nuisance activities; and
(4)
A statement that the owner shall immediately notify the appropriate
department head and Rothschild Police Department Chief of any change
in address to ensure receipt of future notices.
D.
Owner abatement. If the owner responds to the notice in § 407-10C within 10 days of receipt of notice or the last day of publication if published with a nuisance abatement proposal, the department head, with the approval of the Rothschild Police Department Chief, may accept, reject or work with the owner to modify the proposal in his or her discretion. If the department head and Rothschild Police Department Chief reject the abatement proposal, determine that an agreement on an appropriate abatement proposal cannot be reached or determine that owner abatement is for any reason unsuccessful, the matter shall be referred to the Village Board for hearing.
E.
Chronic nuisance landlord abatement. If the nonresident owner of residential units available for lease or rent responds to the notice in § 407-10C within 10 days of the receipt of notice or the last day of publication with a nuisance abatement proposal for all units (three units or more than 10% of the units available for lease or rent, whichever is greater), the department head and Rothschild Police Department Chief may accept, reject or work with the owner to modify the proposal in his or her discretion and remove the designation of "chronic nuisance landlord." The designated chronic nuisance landlord nuisance abatement proposal shall include remedies that shall be undertaken to mitigate chronic nuisances, which may include, but is not limited to, landlord-tenant screening, tenant education, tenant eviction procedures and other preventative practices to improve the residential unit(s). If a nonresident owner of residential units for lease or rent abatement of a nuisance causes the number of nuisance premises to be reduced below the chronic nuisance landlord threshold of three units or more than 10% of the units available for lease or rent, whatever is greater, the Village shall drop the designation of chronic nuisance landlord.
F.
Hearing. If a hearing is requested by the owner or if the department
head and Rothschild Police Department Chief determine that a satisfactory
abatement plan cannot be agreed upon or if the department head and
Rothschild Police Department Chief determine that abatement actions
taken by the owner are unsuccessful, a hearing shall be held before
the Village Board. The owner shall receive 10 day's written notice
of the hearing sent by regular mail or, if the owner cannot be located,
by publication of a Class 2 notice under Chapter 985, Wis. Stats.
The Village Board shall hear any and all evidence it deems relevant
and shall affirm or reverse the determination of the department head
and Rothschild Police Department Chief.
G.
Penalties and remedies.
(1)
If the department head and Rothschild Police Department Chief's
determination is affirmed, the Village Board may order that the owner
pay the actual cost of Village services to respond to any nuisance
activities occurring after the three responses that led to the determination
that the premises was a chronic nuisance premises. Such costs shall
be presented to the Village Board and may include costs incurred prior
to the Village Board's determination. The Village Board may order
costs of all such calls to the chronic nuisance premises be paid until
the public nuisance is abated. Such costs, plus a reasonable administrative
charge, shall be billed to the owner by invoice sent by regular mail
and, if not paid within 30 days of the date on the invoice, shall
be charged to the property as a special charge pursuant to § 66.0627,
Wis. Stats.
(2)
The Village Board may authorize any other penalty or remedy authorized
by law.
H.
When nuisance is deemed abated. The public nuisance created by a
chronic nuisance premises shall be deemed abated when no Village resources
have responded to the premises to address nuisance activities occurs
for a period of six consecutive months. The Village Board and Rothschild
Police Department may also deem a chronic nuisance premises to be
abated if the occupant, who may include a tenant or resident-owner,
vacates the premises.
I.
Abatement of public nuisances.
(1)
Inspection of premises. Whenever a complaint is made to any Village
official or employee that a public nuisance exists within the Village,
said complaint shall be directed to the appropriate department head
and the Rothschild Police Department Chief, who shall, in their reasonable
discretion, inspect or cause to be inspected the premises complained
of and shall make a written report of their findings to the Village
President. Whenever practicable, the inspecting officer shall cause
photographs to be made of the premises.
J.
Summary abatement.
(1)
Notice to owner. If the inspecting officer(s) shall determine that
a public nuisance exists within the Village, the department head and
the Rothschild Police Department Chief may serve notice personally
or by certified mail on the persons causing, permitting or maintaining
such nuisance and/or upon the owner or occupant of the premises where
such nuisance is caused, permitted or maintained and post a copy of
said notice on the premises. Such notice shall direct the person causing,
permitting or maintaining such nuisance or the owner or occupant of
the premises to abate or remove such nuisance within a specified,
reasonable period of time after consideration of all relevant circumstances
and shall state that, unless the same is completed, the department
head and the Rothschild Police Department Chief will cause the nuisance
to be abated and will charge the cost thereof to the owner, occupant
or person causing, permitting or maintaining the nuisance, as the
case may be, and that said costs may be collected as a special charge
pursuant to § 66.0627, Wis. Stats.
(2)
Abatement by Village. If the nuisance is not abated within the time
provided or if the owner, occupant or person causing the nuisance
cannot be found, the department head and the Rothschild Police Department
Chief shall cause the abatement or removal of such public nuisance.
Wherever possible, costs of abatement shall be billed to the owner,
occupant or person causing the nuisance. If said costs are not paid
within 30 days of billing such costs or if the owner, occupant or
person causing the nuisance cannot be found, said costs may be collected
pursuant to § 66.0627, Wis. Stats.
(3)
Other methods not excluded. Nothing in this section shall be construed
as prohibiting the abatement of public nuisance by the Village or
its officials in accordance with the laws of the State of Wisconsin,
including, but not limited to, an action under Ch. 823, Wis. Stats.
K.
Cost of abatement. In addition to any other penalty imposed by the
Village ordinances for the erection, contrivance, 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 pursuant to § 66.0627,
Wis. Stats.
M.
Execution against defendant's property. Whenever any person
fails to pay any forfeiture and costs of prosecution upon the order
of the court for violation of any ordinance of the Village, the court,
in lieu of ordering imprisonment of the defendant or after the defendant
has been released from custody, may issue an execution against the
property of the defendant for payment of said forfeiture and costs.
