Town of Greenville, WI Nuisances

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.

Public nuisances affecting heath. 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 of "public nuisance" of this section:

(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 intended for human consumption or food which are 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 whatsoever 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)

Privy vaults and garbage cans which are not flytight.

(6)

All noxious weeds, grasses and other rank growth of vegetation. Noxious weeds and grasses shall be defined according to a master list maintained by the Department of Public Works and approved by the Town Board from time to time. Lawns, grasses and weeds on lots or parcels of land which exceed eight inches in length adversely affect the public health and safety of the public in that they tend to emit pollen and other discomforting bits of plants, house rodents, or constitute a fire hazard and a safety hazard, in that debris can be hidden in the grass or weeds on a lot or other parcel of land which exceed eight inches in length. This subsection is not applicable for property located in a designated floodplain area and/or wetland area. This subsection shall only apply to residential, commercial, and industrial zones as well as platted residential subdivisions and agricultural zones.

(7)

All animals running at large.

(8)

The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash, industrial dust or other atmospheric pollutants within the Town or within one mile therefrom in such quantities as to endanger the health of persons of ordinary sensibilities or to threaten or cause substantial injury to property in the Town.

(9)

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.

(10)

Any use of property, substances or things within the Town of Greenville 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 Town.

(11)

All abandoned wells not securely covered or secured from public use.

(12)

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 Town.

Public nuisances offending morals and decency. 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 of "public nuisance" of this section:

(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.

(2)

All gambling devices and slot machines except those used for recreational purpose, with no monetary reward.

(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 for by the ordinances of the Town of Greenville.[1]

[1]

Editor's Note: See Ch. 169, Intoxicating Liquor and Fermented Malt Beverages.

(4)

Any place or premises within the Town of Greenville where Town ordinances or state laws relating to public health, safety, peace, morals or welfare are openly, continuously, repeatedly and intentionally violated.

(5)

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 of Wisconsin or ordinances of the Town.

Public nuisances affecting peace and safety. 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 of "public nuisance" of this section:

(1)

All unauthorized signs, signals, markings or devices placed or maintained upon or in view of any public highway or railway crossing which purport to be or may be mistaken as an official traffic control device, railroad sign or signal or which because of their color, location, brilliance or manner of operation interfere with the effectiveness of any such device, sign or signal.

(2)

All trees, hedges, 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. All limbs of trees which project above the surface of a public sidewalk or street or above any other public place shall be kept trimmed to a reasonable height to allow for safe use and passage.

(3)

All use or display of fireworks except as provided by the laws of the State of Wisconsin and ordinances of the Town.

(4)

All buildings or structures so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human use.

(5)

All wires over streets, alleys or public grounds which are strung less than 15 feet above the surface thereof.

(6)

All loud, discordant and unnecessary noises or vibrations of any kind.

(7)

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 Town.

(8)

All 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 or illegal length of time after the purpose thereof has been accomplished.

(9)

All open and unguarded pits, wells, excavations or unused basements freely accessible from any public street, alley or sidewalk.

(10)

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.

(11)

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.

(12)

Repeated or continuous violations of the ordinances of the Town or laws of the State of Wisconsin relating to the storage of flammable liquids.

(13)

Any violation of the ordinances of the Town of Greenville and the laws of the State of Wisconsin and the Administrative Code of the State of Wisconsin, particularly but without limitation Ch. SPS 310, Wis. Adm. Code, as relates to the storage of flammable liquids, etc.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 198-3 Property maintenance and chronic nuisances.

[Amended 10-13-2014; 6-13-2016 by Ord. No. 3-2016]

Applicability; exceptions.

(1)

The code applies to every residential, nonresidential, or mixed-occupancy building and the land on which it is situated within the Town of Greenville. All residential, nonresidential, or mixed-occupancy buildings and the land on which it is situated shall comply with the provisions of this code, whether or not such building shall have been constructed, altered or repaired before or after the enactment of this code.

(2)

Exceptions. Farm structures are exempt from the provisions of this chapter.

Purpose. The purpose of this code is to establish both enforcement standards for premises which generate chronic nuisance within the community and to create minimum standards for exterior property maintenance, so as to preserve and promote the public interest, health, safety, and welfare.

Authority. The town board has the specific authority under §§ 29.038, 66.0407, 66.0413, 125.14, 169.01, and 175.25, and Chapter 823, Wis. Stats., and general authority under its village powers under § 60.22, Wis. Stats., to adopt this section.

Findings; declaration of policy.

(1)

The Town Board for the Town of Greenville does hereby find it is necessary to provide for the abatement of conditions which are offensive or annoying to the senses, detrimental to property values and community appearance, an obstruction to or interference with the comfortable enjoyment of adjacent property or premises, or hazardous or injurious to the health, safety or welfare of the general public in such ways to constitute a public nuisance; and to provide standards to safeguard life, health and public welfare in keeping with the character of the Town by allowing for the maintenance of property or premises for each of the following purposes:

(a)

To safeguard the health, safety and welfare of the people by maintaining property or premises in good and appropriate condition;

(b)

To promote a sound and attractive community appearance; and

(c)

To enhance the economic value of the community, and each area in it, through the regulation of the maintenance of property or premises.

(2)

Accordingly, the Town Board finds and declares the purpose of this chapter is to:

(a)

Reduce threats to health, safety, welfare, appearance and economic value due to the decline in property condition(s) by lawfully delineating the circumstances under which such condition(s) may be considered illegal and/or abated; and further finds that

(b)

Abatement of such condition(s) is in the best interest of the health, safety and welfare of the residents of the Town because maximum use and enjoyment of property or premises in proximity to one another depends upon maintenance of those properties or premises at or above the minimum standard.

(3)

It is further declared the Town of Greenville cannot allow for a lack of maintenance because of the fact that due to progressive deterioration, properties will eventually have the effect of creating blighting conditions, which, if not curtailed, will spread and necessitate, in time, the expenditure of large amounts of public funds to correct and eliminate such conditions.

(4)

By reason of timely regulations and restrictions contained in this code, the desirability and amenities of residential, nonresidential, and mixed-occupancy uses and neighborhoods may be enhanced and the public health, safety and welfare protected and fostered.

Severability.

(1)

If a court of competent jurisdiction adjudges any section, clause, provision, or portion of this chapter unconstitutional or invalid, the remainder of this chapter shall not be affected thereby.

(2)

If any application of this chapter to a particular structure, use, land, or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, use, land, or water not specifically included in said judgment.

Legal definitions. The following terms shall be defined as follows in this chapter:

DEPARTMENT HEAD: Includes the Public Works Supervisor.

EFFECT OF PROPERTY CONVEYANCE

(1)

When title to property is conveyed, any nuisance activity that occurred before the conveyance may not be used to establish the property as a chronic nuisance property unless the reason for the conveyance was to avoid a determination that the property was a chronic nuisance property.

(2)

There is a rebuttable presumption that a reason for the conveyance of property was to avoid a determination that the property was a chronic nuisance property if:

(a)

The property was conveyed for less than fair market value.

(b)

The property was conveyed to an entity controlled by a person conveying the property.

(c)

The property was conveyed to a relative of a person conveying the property.

ENFORCEMENT ACTION: Arrest, the issuance of a citation, or the issuance of a verbal or written warning.

ENFORCEMENT OFFICER: Town of Greenville Law Enforcement, Town Constable, Building Inspector, or Fire Chief or his or her designee.

NUISANCE: Any public nuisance as defined by statute or this chapter. Additionally, physical conditions dangerous to human life or detrimental to health and safety of persons on or near the premises where the conditions exist.

NUISANCE ACTIVITY: Any of the following activities, behaviors, or conduct whenever engaged in by property owners, operators, tenants, occupants or persons associated with a premises occurring on premises.

OWNER: The owner of the premises and his or her agents.

PERSON ASSOCIATED WITH: Any person who, whenever engaged in a nuisance activity, enters, occupies, patronizes, visits or attempts to enter, occupy, patronize or visit a property. Includes any officer, director, customer, agent, employee or independent contractor of a property owner, tenant, or occupant.

PREMISES: A lot, plot or parcel of land, including the buildings or structures thereon. Also, an individual dwelling, unit or multifamily or an individual business premises and associated common areas.

TOWN CHAIRMAN: The Law Enforcement Unit or their designee and the Fire Chief or the Town Chairman or his/her designee.

[1]

Editor's Note: See § 256.35, Wis. Stats.

Property maintenance definitions. The following words and terms, wherever used herein or referred to in this code, shall have the respective meanings assigned to them unless a different meaning clearly appears from the context.

DETERIORATION: The condition of a building or part thereof characterized by holes, breaks, rot, crumbling, peeling, rusting, or other evidence of physical decay or neglect, lack of maintenance or excessive use. All exterior wood and composition surfaces shall be properly protected from the elements and against decay by paint, stain or other protective coating and applied in a workmanlike manner.

ELEMENTS: Any element, whether created by nature or by man, which, with reasonable foreseeability, could carry litter from one place to another. Elements shall include, but not be limited to, wind, rain, water, insects, and animals.

EXPOSED TO PUBLIC VIEW: Any premises, or any part thereof, or any building, or any part thereof, which may be viewed by the public.

EXTERIOR OF THE PREMISES: Open space on the premises and outside surface area of any building thereon.

EXTERMINATION: The control and elimination of insects, rodents, and vermin.

FARM STRUCTURES: Any building or structure used for storing agricultural equipment or farm produce or products, housing livestock or poultry, or processing dairy products. The term "farm structure" shall not include dwellings or manure storage facilities.

GARBAGE: Decaying and decomposing animal and vegetable waste resulting from the handling, preparation, cooking, and/or consumption of food. (See also "refuse" and "rubbish.")

INFESTATION: The presence of insects, rodents, vermin, or other pests on the premises which constitute a health hazard.

LITTER: Includes any uncontainerized, man-made or man-used waste, which, if deposited within the Town otherwise than in a litter receptacle, tends to create a danger to public health, safety, and welfare or to impair the environment of the citizens of the Town. Litter may include, but is not limited to, any garbage, trash, refuse, rubbish, confetti, debris, grass clippings or other lawn or garden waste, newspaper, magazine, glass, metal, plastic or paper container or other construction material, motor vehicle part, furniture, oil, or dead animal carcass.

MIXED OCCUPANCY: Any building containing one or more dwelling units or rooming units and also having a portion thereof devoted to nondwelling uses or used as a hotel.

OPERATOR: Any person who has charge, care or control of a dwelling or premises, or part thereof, whether with or without the knowledge and consent of the owner.

OWNER: Any person who, alone or jointly or severally with others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof. Any person who is a lessee subletting or reassigning any part or all of any dwelling or dwelling unit shall be deemed to be co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by said lessee.

PARK: A public or private park, reservation, playground, beach, recreation center or any public or private area devoted to active or passive recreation or any other area under the supervision of the Town.

PARKING LOT: Any private or public property with provisions for parking vehicles to which the public is invited or which the public is permitted to use or which is visible from any public place or private premises.

PRIVATE PREMISES: Any dwelling house, building or other structure designed to be used, either wholly or in part, for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule, mailbox or other structure belonging or appurtenant to such dwelling house, building or other structure.

PUBLIC PLACE: All streets, boulevards, avenues, lanes, alleys or other public ways, in addition to all parks, squares, plazas, grounds and buildings, and other privately owned areas open and frequented by the general public, whether publicly or privately owned.

REFUSE: All decayed and decomposed solid waste, including, but not limited to, garbage, rubbish, ashes, dead animals, animal feces, abandoned automobiles and solid wastes. (See also "garbage" and "rubbish.")

RUBBISH: Solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery, and similar materials. (See also "garbage" and "refuse.")

WORKMANLIKE: Accomplished in a reasonably skillful manner.

Maintenance duties and responsibilities of owners/occupants and operators. Every owner/occupant or operator, or if the occupant has assumed responsibility under any written lease, shall, either personally or by agent, improve and maintain all properties within the scope of this code under his, her, or its control to comply with the following requirements:

(1)

Every premises shall be maintained in a clean, sanitary, and safe condition and comply with all applicable legal requirements of the State of Wisconsin, county in which it is located, and the Town of Greenville.

(2)

Premises shall be kept clear of refuse, such as brush, weeds, broken glass, garbage, trash, animal feces, and debris. Animal feces must be removed within a reasonable amount of time.

(3)

Natural growth, such as dead and dying trees and limbs, or other natural growth which, by reason of rotting or deteriorating conditions, or storm damage, constitutes a hazard to persons in the vicinity shall be removed. Trees shall be kept pruned and trimmed to prevent such conditions.

(4)

Overhangs, such as loose and overhanging objects, which by reason of location above ground level constitute a danger of falling on persons in the vicinity, shall be repaired or removed.

(5)

Sources of infestation shall be removed.

(6)

Every foundation, roof, exterior wall, window, and floor shall be reasonably weathertight and rodentproof and shall be kept in proper repair and be capable of affording privacy. All inside and outside stairways, floors, roofs, foundations, load-bearing walls, and every porch and every appurtenance thereto shall be safe to use and capable of supporting the loads that normal use may cause to be placed thereon; and shall be maintained in sound condition and good repair.

(7)

Every window, exterior door, and hatchway or similar device shall be so constructed to exclude insects during that portion of the year when there is a need for protection against mosquitoes, flies, and other insects.

(8)

Every doorway, window, or other device used for ventilation and opening directly from a dwelling unit to outside space shall be supplied with properly fitting screens.

(9)

All exterior surfaces of buildings and fences made of materials not inherently resistant to or chemically treated to prevent deterioration shall be periodically coated with paint or other suitable preservative which provides adequate resistance to weathering, unless a variance is otherwise granted from the Board of Appeals.

(10)

The exterior of every structure or accessory structure, including fences, shall be maintained in good repair and shall be maintained free of broken glass, loose shingles or boards, crumbling stone, brick or concrete, excessive peeling paint, or other condition reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved and fire and safety hazards eliminated and adjoining properties protected from blighting influences.

(11)

Exterior building walls shall not have any holes, loose boards, or any broken, cracked or damaged finish, which may admit rain, cold air, dampness, rodents, or insects.

(12)

Parking lots shall be properly maintained. If a parking lot is gravel, it must be periodically graded to prevent the accumulation of standing water in low spots. If paved, parking lots must be kept reasonably free of large cracks or potholes.

(13)

Yards shall be kept free of noxious weeds and trimmed in accordance with the Town of Greenville Municipal Code.

Litter control.

(1)

Litter collection and storage area. Every owner/occupant, operator, or lessee of a building used for residential, business, or commercial purposes shall maintain litter collection and storage areas in clean condition and ensure that all litter is properly containerized and covered. Failure to maintain clean litter collection and storage areas shall constitute a violation of this subsection.

(2)

Duty to collect litter before it is carried from the premises. All litter subject to movement by the elements shall be secured by the owner/occupant of the premises where it is found before the litter is allowed to be removed from the premises by the elements.

(3)

Neglected premises visible to the public. It shall be the duty of any person owning or controlling any premises, including vacant lots visible from any public place or private premises, to maintain such premises in a reasonably clean and orderly manner. It shall be a violation of this subsection to abandon, neglect or disregard the condition or appearance of any premises so as to permit it to accumulate litter.

(4)

Areas around business premises. The owner/occupant or person in control of a public place, including but not limited to restaurants, shopping centers, fast food outlets, stores, hotels, motels, industrial establishments, office buildings, apartment buildings, housing projects, gas stations, hospitals, and clinics shall at all times keep the premises clean of all litter and shall take measures, including regular cleanup of the premises, to prevent litter from being carried by the elements to adjoining premises. It shall be a violation of this subsection to abandon, neglect, or disregard the condition or appearance of such premises so as to permit it to accumulate litter.

(5)

Loading and unloading docks. The person owning, operating, or in control of a loading or unloading dock shall at all times maintain the dock area free of litter in such a manner that litter will be prevented from being carried from the premises by the elements.

(6)

Construction sites. The property owners/occupants and the prime contractors in charge of any construction site shall maintain the construction site in such a manner that litter will be prevented from being carried from the premises by the elements. All litter from construction activities or any related activities shall be picked up at the end of each work day and placed in containers which will prevent litter from being carried from the premises by the elements.

(7)

Maintaining sidewalks and alleys. Persons owning, occupying or in control of any premises shall keep the sidewalks and alleys adjacent thereto free of litter. Owners/occupants shall sweep or rinse off the sidewalks abutting their premises as often as may be required to keep the walk reasonably free from dirt, paper and waste.

(8)

Abandoned garbage. It shall be unlawful for any person who is in control of any premises upon which is located or on whose behalf there is maintained any container of refuse, waste or garbage, which has been containerized in accordance with a contract for its removal, to allow that refuse, waste or garbage to remain uncollected for longer than seven days or, in any case, until after that refuse, waste or garbage creates any condition which is offensive to persons upon any private premises or public place.

(9)

Animal excreta.

(a)

Allowing discharge regulated. It is unlawful for any owner, keeper or walker of any dog, Philippine potbellied pig or cat to have his dog, potbellied pig or cat discharge such animal's feces upon any public or private property within the Town other than the property of the owner of such dog, potbellied pig or cat if such owner, keeper or walker does not immediately thereafter remove and clean up such animal's feces from the public or private property.

(b)

Carrying feces scoop required. No person shall walk a dog or potbellied pig beyond the limits of his own property without carrying or having in his possession a scoop, bag or other items designed to pick up and remove dog feces; and, further, it is unlawful for any person to dispose of the dog or potbellied pig feces on public or private property other than his own.

(c)

Exception. This subsection shall not apply to blind persons having control of guide dogs.

Chronic nuisance premises.

(1)

Notice. Whenever the Enforcement Officer involved determines three or more nuisance activities resulting in enforcement action have occurred at a premises on separate days during a twelve-month period, the Enforcement Officer shall notify the premises owner/occupant in writing. The notice shall contain the street address or legal description sufficient to identify the premises, a description of the nuisance activities that have occurred at the premises, and a statement indicating the cost of future enforcement or abatement may be assessed as a special charge against the premises. At the discretion of the investigating official, a citation may be issued to the owner/occupant of the property for the continuing violation(s) of this chapter.

(2)

Delivery of notice. The notice shall be deemed to be properly delivered if either sent by certified mail to the property owner's last known address or delivered in person to the property owner/occupant. If the property owner/occupant cannot be located, the notice shall be deemed properly delivered if left at the property owner's usual place of residence in the presence of a competent family member at least 14 years of age or a competent adult currently residing there and who shall be informed of the contents of the notice. If a current address cannot be located, it shall be deemed sufficient if a copy of the notice is sent by certified mail to the last known address of the owner as identified by the records of the tax roll.

(3)

Abatement plan. Any owner/occupant receiving notice pursuant to Subsections B and C shall meet with the Town Clerk, or his/her designee, within 15 business days of receipt of such notice. The parties shall review the problems occurring at the property and agree upon an abatement plan to end the nuisance activity on the property. The plan shall also specify a name, address, and telephone number of a person living within 60 miles of the property who can be contacted in the event of further police, fire, or inspection contact.

(4)

Additional nuisance activity. Whenever the Town Clerk or his/her designee determines that additional nuisance activity has occurred at a premises not less than 15 business days after notice has been issued and that reasonable efforts have not been made to abate the nuisance activity, the Town Clerk or his/her designee may calculate the cost of police response and enforcement for this and any subsequent nuisance activities. The Town Clerk or his/her designee shall cause such charges and administrative costs to be assessed against the premises as a fee for current service authorized by §§ 61.34, 66.0628 and 74.01, Wis. Stats., and collected as a special charge, which the Town may impose as a lien against the real estate upon which the premises is located.

(5)

Penalty.

(a)

Any person who shall violate any provision of this section shall, upon due conviction thereof, forfeit not less than an amount set forth in § 198-15 of this chapter for each such offense, together with the costs of prosecution, and in default of the payment of such forfeiture and costs, may be imprisoned in the county jail until said forfeiture and costs of prosecution are paid, but not to exceed 30 days.

(b)

In addition to imposition of a fee for services constituting a special charge against the real estate imposed under this section, the Town may pursue injunctive relief against the owner/occupant in the Circuit Court for Outagamie County. All legal costs and attorney fees incurred by the Town for enforcement of this section, pursuant to any remedy available, shall be payable to the Town by the owner/occupant of the premises. Judgment for such obligations shall be sought by the Town in either the Small Claims Court or Circuit Court for Outagamie County

§ 198-4 Depositing of snow on public rights-of-way.

No person shall remove or cause to be removed any snow or ice from a premises owned or occupied by that person or from any residence, parking lot, parking area, filling station, business property or other property owned or occupied by said person by placing said snow onto any public right-of-way or property. Snow removed from public walks shall not be stored in any manner which will obstruct or limit vehicular or pedestrian vision, movement or access.

The deposit of any snow or ice upon any sidewalk, alley or road or street of the Town of Greenville contrary to the provisions of this section is hereby made to be a nuisance, and, in addition to the penalty provided for the violation of this section, the Town of Greenville may summarily remove any snow or ice so deposited and cause the cost of said removal to be charged to the owner of the property from which said snow or ice has been removed, and upon failure to pay the same, may be charged as a special assessment upon the tax bill to the owner of property from which the snow or ice removal was necessitated.

The penalty for violation of this section shall be as provided in § 198-15 of this chapter.

§ 198-5 Abandoned or unattended refrigerators or other containers.

No person shall leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure under his control in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator or other container which has an airtight door or cover which has not been removed or which is not equipped with a device for opening from the inside.

§ 198-6 Storage of junked vehicles.

Definitions. Terms used in this section shall have the following meanings:

OWNER: Includes owner, owners, tenants, lessees and/or occupants.

VEHICLE: Includes any old, stripped, junked and/or wrecked motor vehicle, including trucks, cars, or any other motorized vehicle not in good and safe operating condition, and shall include any vehicles stored in the open without being licensed in excess of 30 days. Exception: special interest vehicles, defined as prescribed in § 341.266, Wis. Stats.

Nuisance. No vehicle as hereinabove defined shall be stored or allowed to remain in the open upon public or private property within the Town for a period in excess of one month, unless it is in connection with a duly authorized sales or repair business enterprise located in a properly zoned area. Any violation of this section is a nuisance.

Abatement by owner. The owner of any property within this Town upon which a vehicle as hereinabove defined is stored or permitted to remain and also the owner of any such vehicle shall, jointly and severally, abate said nuisance by the prompt removal of such vehicle into a completely enclosed building authorized to be used for such storage purposes, if within the limits of the Town, or otherwise remove the same to a location outside the Town.

Vehicle upon public property. Whenever the Building Inspector or Town Law Enforcement Unit shall find any such vehicle placed or stored in the open upon public property within the limits of the Town, such vehicle shall be removed to a junk or salvage yard and stored therein for a period of 30 days. At the end of said time, such junk or salvage yard shall dispose of such vehicle unless it has previously been claimed by the owner.

Vehicles upon private property. Whenever the Building Inspector or Law Enforcement Unit shall find any such vehicle placed or stored in the open upon private property within the limits of the Town, the owner of such property and the owner of the vehicle, if he can be located, shall be given a three-day written notice by certified mail to remove the same. If such vehicle is not removed within the time specified, the Law Enforcement Unit shall have it removed by a junk or auto salvage dealer. The owner of the property upon which the vehicle had been placed or stored and the owner of the vehicle, if he can be located, shall be jointly and severally liable for the cost of removal by such dealer.

Storage costs. If such vehicles are claimed by the owner, the junk or salvage yard shall charge a reasonable fee for handling and storing.

Salvage yard excepted. The provisions of Subsection B shall not apply to auto salvage yards and/or junkyards that are duly authorized under the ordinances of the Town and have been issued a permit to operate as such salvage yard and/or junkyard under this Code.

Disposal of unclaimed vehicles. When any such vehicle has been removed and placed in storage by the Town as herein provided and such vehicle is not claimed within 30 days after such storage, it shall be sold by the Town. If the proceeds of such sale are insufficient to pay the costs for the removal and storage, said owners jointly and severally shall be liable to the Town for the balance of the costs. If the proceeds are in excess of costs, the balance shall be paid to said owners.

Violation of this section shall be subject to a penalty as prescribed in § 175.25(5), Wis. Stats.

§ 198-7 Abandoned vehicles.

Wisconsin Statutes § 342.40, Vehicle abandonment prohibited; removal; disposal, as amended from time to time, is incorporated herein by reference.

Pursuant to § 342.40, Wis. Stats., the Town of Greenville deems that a vehicle left unattended, without permission of the property owner, for more than 48 hours is deemed abandoned and constitutes a public nuisance.

Any vehicle deemed in violation of this section and § 342.40, Wis. Stats., shall be impounded until lawfully claimed or disposed of. The Town of Greenville Law Enforcement Unit or its designee shall notify the towing/wrecker service, which service shall have both a suitable tow vehicle and a protected impoundment area.

The Town of Greenville shall pay the towing/wrecker service the sum established each and every calendar year for the cost of towing the abandoned vehicle to the towing/wrecker owner's impoundment area.

(1)

The Town of Greenville does hereby authorize the towing/wrecker service which has towed the abandoned vehicle to its impoundment area to charge to the vehicle owner an abandonment fee per day periodically established by the Town Board. The per-day abandonment fee shall be collected by the towing/wrecker service, along with the towing charge incurred by the Town of Greenville, along with a Town of Greenville administrative charge, at such time as the owner reclaims the abandoned vehicle, provided that in no event shall the per-day impoundment fee be charged by the towing/wrecker service to or against the Town of Greenville; provided, however, that, as set forth hereinafter, a towing/wrecker service shall be repaid all or in part for impoundment fees out of public sales proceeds, and further provided that the Town does hereby impose an administrative fee to be prescribed in the Town Fee Schedule.

(2)

In the event that the Law Enforcement Unit, Town Chairman or designee, deems that the cost of towing and storage for the impoundment of the abandoned vehicle will exceed the value of the vehicle, the abandoned vehicle shall be determined "junk" and shall be sold by the Town of Greenville to the towing/wrecker service which towed and/or impounded the same for a fee equivalent to the aforementioned towing charge (plus dolly wheel charge, if applicable), said amount to be repaid to the Town of Greenville, and further provided that the towing/wrecker service which towed and/or impounded the vehicle shall absorb all other impoundment fees. The amount repaid to the Town of Greenville by the towing/wrecker service shall include the additional administrative fee. The Law Enforcement Unit or Town Chairman shall first determine that the abandoned vehicle as sold hereunder to the towing/wrecker service is not stolen or otherwise not wanted for evidentiary purposes.

(3)

The owner of any abandoned vehicle (except a stolen vehicle) is responsible for all costs of abandonment (i.e., all costs of towing, Town administrative fee and vehicle impoundment fees). The Town of Greenville reserves the right to recover, by lawsuit initiated against the owner, any costs not recovered hereunder either by owner's reclaiming of the abandoned vehicle or by sale of the abandoned vehicle.

Any vehicle deemed abandoned by the Town of Greenville (and not disposed of under the provisions hereinbefore set forth) shall be retained in storage for a period of 10 days from and after the date that the Town of Greenville provides certified mail notice to the abandoned vehicle owner and lien holder of record (if any) requesting reclamation of the vehicle after payment of all accrued charges.

The Town of Greenville Law Enforcement Unit shall be required to provide to the abandoned vehicle owner (and lien holder, if any), by certified mail, the notice required under § 342.40(3)(c), Wis. Stats., as amended from time to time.

Any abandoned vehicle not reclaimed by its owner or a lien holder may be sold pursuant to § 342.40, Wis. Stats., as amended from time to time.

(1)

If, following the receipt of sealed bids and the opening of the same, the highest sealed bid does not exceed the value of $150, the Town of Greenville reserves the right to reject all bids (or if no bids are received) and shall sell the abandoned vehicle to the towing/wrecker owner who has then impoundment of the vehicle for the amounts set forth above.

(2)

The Town of Greenville shall seek sealed bids for abandoned vehicles by posting the same at the Town of Greenville Law Enforcement Unit, the Town of Greenville Town Hall, and the Sheriff's Department and/or Outagamie County Courthouse. In addition, within its discretion, the Town of Greenville may publish the advertisement for sealed bid for an abandoned vehicle as a Class 1 notice in the official municipal newspaper (one insertion).

(3)

Upon sale of the abandoned vehicle following the receipt and opening of sealed bids, the Town of Greenville shall supply the purchaser (or in the case of sale to a towing/wrecker owner who has impoundment of the abandoned vehicle) with Motor Vehicle Form 2419-77, Certificate of Transfer of Vehicle - Abandoned (or any replacement thereof).

(4)

In the event that the Town of Greenville sells the abandoned vehicle at public sale, the moneys received shall be retained by the Town, except for that amount necessary to reimburse the towing/wrecker service for the cost of impoundment. In the event that the public sale proceeds are less than the total cost of the tow charge, administrative fees and impoundment fees, the towing costs and administrative fees shall be deducted and any excess shall be applied to impoundment costs.

Penalty. Any person who shall cause a vehicle to become abandoned within the Town of Greenville under the terms and conditions of this section and § 342.40, Wis. Stats., shall, upon due conviction thereof, forfeit an amount set from time to time by ordinance in the Fine and Forfeiture Schedule of the Town of Greenville for said offenses.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 198-8 Open cisterns, wells, basements or other dangerous excavations.

No person shall have or permit on any premises owned or occupied by him any open cisterns, cesspools, wells, unused basements, excavations or other dangerous openings. All such places shall be filled, securely covered or fenced in such manner as to prevent injury to any person, and any cover shall be of a design, size and weight that the same cannot be removed by small children.

§ 198-9 Covered hauling to dump site.

No person shall transport or haul to any dumping site in the Town any materials without covering the same.

§ 198-10 Vacant lots.

Vacant lots become a public nuisance when said lots are not maintained. Such is especially true when vacant lots are not smoothly graded as to provide for regular routine maintenance.

Within 90 days of purchase of vacant property within the Town of Greenville, the new owner shall cause the vacant lot to be appropriately filled and graded so as to provide for routine maintenance. All debris is to be removed by the owner within said time period. Presently existing owners of vacant lots shall be granted 21 days to come into compliance with this section upon issuance of an appropriate citation by the Town Building Inspector.

Should any new or existing owner fail to come into compliance with this section, the Town Administrator shall authorize Town employees to cause the appropriate filling and grading of the vacant lot in question to occur. Any and all costs associated with the same shall be assessed against the property in question and shall be placed upon the tax rolls maintained by the Town of Greenville.

§ 198-11 Compression brakes.

Compression brakes prohibited. No person shall use motor vehicle brakes which are in any way activated or operated by the compression of the engine of the motor vehicle.

Defense. It shall be an affirmative defense to prosecution under this section that compression brakes were applied in an emergency and were necessary for the protection of persons or property.

Emergency vehicles. Emergency vehicles shall be exempt from this section.

§ 198-12 Abatement of public nuisances.

Grass and weeds. Upon receipt of a tall grass or noxious weed complaint referenced in § 198-2B(6), the Town will issue written notice to the property owner via first-class United States Mail. The property owner shall have five days to comply with this section. Failure to comply will result in the Town performing the necessary services to bring the property within compliance. All costs of such service and equipment used will be borne by the property owner and may be placed as a lien on the property for a lack of payment.

Inspection of premises. Whenever complaint is made to the Town Board that a public nuisance exists within the Town of Greenville, the Town Board shall promptly notify the Law Enforcement Unit Department, Health Officer or Building Inspector, who or which shall forthwith inspect or cause to be inspected the premises complained of and shall make a written report of his or its findings to the Town Board. Whenever practicable, the inspecting officer shall cause photographs to be made of the premises and shall file the same in the office of the Town Clerk.

Summary abatement.

(1)

Notice to owner. If the inspecting officer shall determine that a public nuisance exists within the Town and that there is great and immediate danger to the public health, safety, peace, morals or decency, the Town Board may direct the Town Law Enforcement Unit to serve notice on the person causing, permitting or maintaining such nuisance or upon the owner or occupant of the premises where such nuisance is caused, permitted or maintained and to 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 24 hours and shall state that, unless such nuisance is so abated, the Town will cause the same 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.

(2)

Abatement by Town. If the nuisance is not abated within the time provided or if the owner, occupant or person causing the nuisance cannot be found, the Health Officer, in case of health nuisances, and the Law Enforcement Unit, in other cases, shall cause the abatement or removal of such public nuisances.

Abatement by court action. If the inspecting officer shall determine 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/she shall file a written report of his/her findings with the Town Board, which shall cause an action to abate such nuisance to be commenced in the name of the Town in the Circuit Court of Outagamie County in accordance with the provisions of Ch. 823, Wis. Stats.

Other methods not excluded. Nothing in this section shall be construed as prohibiting the abatement of public nuisances by the Town of Greenville or its officials in accordance with the laws of the State of Wisconsin.

§ 198-13 Recovery of abatement costs.

In addition to any other penalty imposed by this section for the erection, contrivance, creation, continuance or maintenance of a public nuisance, the cost of abating a public nuisance by the Town 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.

§ 198-14 Suspension and revocation of permits and licenses.

In the event that any owner of property or operator of a business in the Town of Greenville creates or maintains a public nuisance for which property or business a license or permit has been granted by the Town of Greenville, upon a majority vote of the Town Board, such license or permit may be suspended, revoked, or denied renewal. Any such suspension, revocation, or nonrenewal may be invoked by the Town Board at such time and subject to such conditions as the Town Board deems appropriate and, alternatively, in the discretion of the Town Board, may be enforced by bringing action regarding said public nuisance in the Circuit Court of Outagamie County. Licenses and permits which are subject to this section involve all licenses and permits issued by the Town of Greenville, including but not limited to alcoholic beverage licenses issued in accordance with and subject to the provisions of Ch. 125, Wis. Stats. Any suspension, termination or nonrenewal of licenses issued pursuant to Ch. 125, Wis. Stats., shall be undertaken in accordance with the procedures set forth in Ch. 125, Wis. Stats.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Upon suspension, termination or nonrenewal, the business and property owner shall immediately cease all operations for which such license or permit is required.

As a prior condition for the Town Board to take action for suspension, revocation or nonrenewal, the Town Clerk shall issue a written notice generally describing the alleged nuisance and advising said owner or operator of the next regularly scheduled Town Board meeting for which an agenda item shall be established to give said owner or operator an opportunity to show cause to the Town Board why suspension, revocation or termination should not take place. This notice shall be in writing and may be served by regular mail to either the address of the property or business or to the last known address of the owner or operator, based upon tax billing records in the Town offices or the address shown on the permit or license application.

§ 198-15 Violations and penalties.

[Amended 10-13-2014; 6-13-2016 by Ord. No. 3-2016]

Any person who violates this chapter shall, upon conviction, be subject to the forfeiture amount in the Fine and Forfeiture Schedule of the Town of Greenville that shall be as set from time to time by ordinance by the Town of Greenville. Each violation and each day a violation continues or occurs shall constitute a separate offense. Nothing in this Code shall preclude the Town from maintaining any appropriate action to prevent, abate or enjoin a violation of any provision of this Code.

§ 198-16 Statewide smoking ban.

Smoking ban adopted. The Town hereby adopts, by reference, the provisions of § 101.123, Wis. Stats., Smoking prohibited, pertaining to the statewide smoking ban as of July 5, 2010.

Definitions. For purposes of enforcing the smoking ban in the Town of Greenville, the following definition shall apply instead of the definition found in state statutes:

ENCLOSED PLACE: All space between a floor and a ceiling that is bounded by walls, doors, or windows, whether open or closed, covering more than 50% of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. A 0.011 gauge screen with an eighteen-by-sixteen mesh count is not a wall.

Inspection and enforcement. The Town of Greenville Law Enforcement Unit shall have the power to enter any premises subject to the smoking ban under state law to ascertain whether the premises is in compliance with this section and take appropriate enforcement action pursuant to § 101.123, Wis. Stats.