A violation (other than the failure to pay sewer service charges
or other fees or costs due under this chapter) of any provision of
this chapter or any other rule or order of the Village is hereby declared
to be a public nuisance.
No person shall maliciously, willfully, or negligently break,
damage, destroy, uncover, deface, or tamper with any structure or
equipment which is a part of the Village's sewerage system. Any
person violating this provision shall be subject to immediate arrest
under charge of disorderly conduct and be required to pay for repairs,
fines and all costs incurred, including legal costs.
The Village shall have the right to enforce the provisions of
this chapter and shall make periodic inspections and inspections upon
complaint to insure that such provisions are not violated. No action
shall be taken under this chapter to abate a public nuisance unless
the Village Board or its authorized representative, shall have inspected
or caused to be inspected the premises where the nuisance is alleged
to exist and shall have satisfied itself that a nuisance does in fact
exist.
If the Village Board determines that a public nuisance exists
within the Village and that there is a great and immediate danger
to the public health, safety, or welfare, the Village Board may cause
the same to be abated and charge the cost thereof to the owner, occupant,
or person causing, permitting, or maintaining the nuisance, as the
case may be.
If the Village Board determines that a public nuisance exists on private premises but that the nature of such nuisance is not such as to present great and immediate danger to the public health, safety, or welfare, the Village shall serve notice to the person causing or maintaining the nuisance to remove the same within 10 days. If such nuisance is not removed within such 10 days, the Village shall cause the nuisances to be removed as provided in § 237-62.
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 of Wisconsin.
Except when necessary under § 237-62, the Village 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 said premises are occupied, and, if such permission is denied, shall apply to any court having jurisdiction for an order assisting the abatement of public nuisance.
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 such cost shall be assessed
against the real estate as a special charge. For purposes hereof,
costs shall include but not be limited to actual attorneys' fees
and court costs.
Any person who shall continue any violation beyond the aforesaid notice time limit provided, shall be subject to the penalties provided in § 1-3. Each day in which any violation is continued beyond the aforesaid notice time limit shall be deemed a separate offense.
Any person found to be responsible for accidentally allowing
a deleterious discharge into the sewerage system which causes damage
to the sewerage system and/or a receiving body of water (e.g,. lake,
river, stream, etc.) shall, in addition to a fine, pay the amount
to cover all damages, both of which amounts will be determined by
the Village or other governmental authority having appropriate jurisdiction.
Any person responsible for an accidental discharge that may
have a detrimental impact on the sewerage system shall immediately
report the nature and amount of the discharge to the GBMSD.
Any person violating any provision of this chapter shall become
liable to the Village for any expense, attorney's fees, costs,
engineering fees, loss, or damage occasioned by reason of such violation
which the Village may suffer as a result thereof. Without intent to
limit the generality of the foregoing, the Village shall have the
right of recovery from all such persons any expense incurred by the
Village for the repair or replacement of any part of the public sewerage
system damaged in any manner by any person by the performance of any
work under its control or by any negligent acts.
