Village of Hobart, WI
Brown County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Hobart as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Open burning — See Ch. 127.
Noise — See Ch. 201.
Zoning — See Ch. 295.
[Adopted as §§ 3.401 through 3.405, 3.809, 3.812, 3.813 of the 2000 Code; amended 7-6-2010]
No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the Village of Hobart.
A. 
Public nuisances. A public nuisance is a thing, act, occupation, condition or use of property which shall continue for such length of time as to:
(1) 
Substantially annoy, injure, or endanger the comfort, health, repose or safety of the public.
(2) 
In any way render the public insecure in life or in the use of property.
(3) 
Greatly offend the public morals or decency.
(4) 
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.
B. 
Public nuisances affecting health. The following acts, omissions, places, conditions, and things are hereby specifically declared to be public health nuisances, but shall not be construed to exclude other health nuisances coming within the definition of Subsection A 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 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 in which flies, mosquitoes, disease-carrying insects, rats or other vermin breed.
(4) 
All stagnant water in which mosquitoes, flies, or other insects can multiply.
(5) 
Garbage cans which are not flytight.
(6) 
All noxious weeds and other rank growth of vegetation.
(7) 
All animals running at large.
(8) 
The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash or industrial dust within the Village in such quantities as to endanger the health of persons of ordinary sensibilities or to threaten or cause substantial injury to property.
(9) 
The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, creamery or industrial wastes, refuse, garbage, or other substances.
(10) 
Any use of property, substances, or things within the Village emitting or causing any foul, offensive, noisome, nauseous, noxious, or disagreeable odors, 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.
(11) 
All abandoned wells not securely covered or secured from public use.
(12) 
Any obstruction in or across any watercourse, drainage ditch or swale.
(13) 
The deposit of garbage, refuse, or any offensive substance on any public or private property except as may be permitted by ordinance.
C. 
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 Subsection A of this section.
(1) 
All disorderly houses, bawdy houses, houses of ill fame, gambling houses and buildings or structures kept or restored for the purpose of prostitution, promiscuous sexual intercourse or gambling.
(2) 
All gambling devices, gambling tables and slot machines.
(3) 
All places where intoxicating liquor or fermented malt beverages are sold, brewed, bottled, manufactured or rectified without a permit or license as provided by the Village.
(4) 
Any place or premises where Village 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 the ordinances of the Village.
D. 
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 provisions of Subsection A of this section.
(1) 
All ice not removed from the public sidewalks and all snow not removed from public sidewalks within 24 hours after it has ceased to fall thereon.
(2) 
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.
(3) 
All buildings erected, repaired or altered within the fire limits of the Village in violation of the provisions of the ordinances of the Village relating to materials and manner or construction of buildings and structures within said district.
(4) 
All unauthorized signs, signals, markings, or devices which purport to be or may be mistaken as official traffic control devices placed or maintained upon or in view of the public highway or railway crossing.
(5) 
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.
(6) 
All limbs of trees which project over a public sidewalk, less than eight feet above the surface thereof or less than 14 feet over the surface of a public street.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
(7) 
All use or display of fireworks except as provided by the laws of the State of Wisconsin and ordinances of the Village.
(8) 
All buildings or structures so old, dilapidated or out of repair so as to be dangerous, unsafe, unsanitary, or otherwise unfit for human use.
(9) 
All wires over streets, alleys or public grounds which are strung less than 18 feet above the surface of the street or ground.
(10) 
All loud, discordant and unnecessary noises or vibrations of any kind tending to unreasonably disturb the peace and quiet of persons in the vicinity thereof unless the making and the continuing of the same cannot be prevented and is necessary for the protection and preservation of the health, safety, life or limb of some person.
(a) 
No person occupying or having charge of any building or premises shall cause, suffer or allow any loud, excessive or unusual noise in the operation or use of any radio, or other mechanical or electrical sound-making or -reproducing device or machine which loud, excessive or unusual noise shall disturb the comfort, quiet, or repose of persons therein or in the vicinity.
(b) 
No person shall use or operate in any public street or place or in front of or outside of any building, place or premises or in or through any window, doorway or opening of any building adjacent to any public street or place any device, apparatus, or instrument for the amplification of the human voice or sound or noise or other sound making or sound reproducing device. No person shall make for the purpose of advertising any immoderate or excessive use of the voice of any bell, gong, horn, instrument, article or device.
(c) 
No person operating or having charge of or occupying any building or premises shall keep or allow to be kept any animal or bird which shall habitually by any noise disturb the peace and quiet of any person in the vicinity thereof.
(d) 
No person shall park or leave standing for more than 15 minutes in any street in the Village a vehicle containing livestock, live fowl, or other living animals.
(e) 
Nothing in this section shall apply to the use of loud speaking or amplifying systems as follows:
[1] 
By a school when used in connection with an educational, athletic, entertaining or recreational purpose.
[2] 
By a church when used in connection with an educational, religious or recreational activity.
[3] 
Within a public park of the Village subject to the rules and regulations of the Village Board.
[4] 
The using of loud speaking or amplifying systems after registering with the Police Department as follows:
[a] 
An amplifying system may be used on the public streets of the Village between the hours of 9:00 a.m. and 9:00 p.m., provided such use does not interfere or annoy any religious, educational or recreational gathering and is not audible to the human ear for the distance of more than 300 feet. The use shall at all times be under the jurisdiction of the Police Department who are hereby given the authority to restrain the use if, in their opinion, the same is a public nuisance or a public annoyance.
[b] 
An amplifying system may be used in front of or outside a building between the hours of 9:00 a.m. and 9:00 p.m., provided that the same is not audible to the human ear at a distance of 100 feet. If the use becomes a public nuisance to disturb the peace and quiet of any persons, the use shall be discontinued.
(11) 
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.
(12) 
The 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 length of time after the purpose thereof has been accomplished.
(13) 
All open and unguarded pits, wells, excavations or unused basements freely accessible from any public street, alley or sidewalk.
(14) 
All abandoned refrigerators or iceboxes from which the doors and other covers have not been removed or which cannot be opened by pushing from the inside by a small child.
(15) 
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.
(16) 
Repeated or continuous violations of the ordinances of the Village or laws of the State of Wisconsin relating to the storage of flammable liquids.
(17) 
Any structure, material or condition which constitutes a fire hazard or will impair extinguishing of any fire.
(18) 
Any and all excavations, including basements, which have been abandoned or for which a building permit has become null and void, or which permit has been revoked by the Zoning Administrator/Building Inspector.
(19) 
Any nuisance so defined by the Wisconsin Statutes.
E. 
Smoke.
(1) 
Dense smoke. The emission of dense smoke from the smokestack of any engine or from the smokestack or chimney of any building within the Village is hereby declared to be a public nuisance and is prohibited.
(2) 
Stationary engine. The owner, lessee, or occupant of any building, or the fireman, engineer, or any other person having charge or control of any furnace or stationary engine who shall cause, permit, or allow dense smoke to issue or to be emitted from the smokestack or chimney connected with any such furnace or stationary engine within the Village shall be guilty of creating a public nuisance and of violating the provisions of this section.
(3) 
All soot prohibited. The emission of soot, cinders, or coal dust from any chimney, stack, furnace, or from any building within the Village is hereby declared to be a public nuisance and is prohibited.
F. 
Storage of junk.
(1) 
No person shall store on any property in the Village, any junk, debris or condition, including, but not limited to: unlicensed and/or inoperable vehicles, vehicle parts, machinery, machinery implements, or machinery parts, refrigerators, furnaces, washing machines, stoves, water heaters, wood, bricks, concrete blocks, other building materials, upholstered furniture, mattresses, bedsprings or other furniture not intended for exterior use by the manufacturer and used or stored on open porches or in yards, household garbage or refuse not properly contained or stored, or other unsightly debris or unsightly conditions which may tend to depreciate property values in the area or create a nuisance, hazard or eyesore except in an enclosed building which houses such property from public view, or upon permit issued by the Village, or as may be allowed as an approved use by Chapter 295, Zoning. See § 207-3, Storage of junk regulated.
(2) 
Lots in residentially developed areas shall be kept free, by the owner, occupant, or person authorized to use same, of dirt piles, rubble, grass piles, leaf piles, and any other material or conditions which might hinder maintenance of the property, except as provided by the following:
(a) 
Dirt piles and materials used for landscaping the lot shall be leveled, used within 30 days of the date of delivery of the dirt.
(b) 
Dirt piles in commercially and industrially zoned areas shall be removed within one year of the date of deposit on the property, completion of site development or expiration of a Village building permit.
(c) 
Dirt piles and materials used for landscaping used in conjunction with properly zoned landscaping businesses or contractor's yards are permitted.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
(d) 
Compost piles shall be allowed if they meet all of the following requirements:[3]
[1] 
Located in the rear yard as defined by Chapter 295, Zoning.
[2] 
Located at least 10 feet from property lines, except for properties zoned A1 or A2 where the compost pile is not abutting a residentially zoned property.
[3] 
Confined in a bin meeting generally acceptable composting principles.
[4] 
Managed and maintained odor-free.
[5] 
Does not contain meat or other animal products.
[6] 
Kept free of vermin.
[7] 
Does not pose or create any nuisance condition.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
(3) 
A violation of this section is declared a public nuisance.
G. 
Unkempt buildings. The exterior of every structure or accessory structure, residential and nonresidential, including fences, shall be maintained by the owner, occupant or person authorized to use same, in good repair and all exterior surfaces thereof shall be kept painted or covered with exterior siding materials intended for that use by the manufacturer for purposes of preservation and appearance. The same shall be maintained by the owner, occupant or persons authorized to use same, free of broken or missing siding, shingles or exterior woodwork crumbling stone or brick, excessive chipped, peeling or lack of paint, missing, broken or deteriorating steps, porches, handrails and guardrails or any other conditions reflective of deterioration and/or inadequate maintenance or as may tend to depreciate property values in the area or create a nuisance or hazard.
H. 
Weed cutting and lawn care.
(1) 
Definitions. As used in this section, the following terms shall have the meanings indicated:
DEVELOPED LOT
A lot with a finished residential use, commercial use, institutional use or industrial use building or building under construction.
NOXIOUS WEEDS
As defined in Wisconsin Statutes § 66.0407, which is hereby adopted and made a part of this article, and shall also include common ragweed (Ambrosia artemisiifolia), giant ragweed (Ambrosia trifida) and burdock (Actrium spp.).
UNDEVELOPED LOTS
Any lot not meeting the developed lot definition located within a platted subdivision or Certified Survey Map.
(2) 
Owner's responsibility.
(a) 
The owner of every parcel of land within the Village shall destroy or cause to be destroyed all noxious weeds on every parcel of land which he/she owns, occupies or controls.
(b) 
The owner of every parcel of land within the Village shall cut or cause to be cut all grass, weeds and similar vegetative growth in excess of eight inches in length/height for developed lots and 12 inches in length/height for undeveloped lots, including the public right-of-way adjoining said land, except as follows:
[1] 
Lands zoned A-1 or A-2 where the property contains a permitted principal use other than or in addition to a dwelling. For the purposes of this exception, the yard around any dwelling on such land is required to comply with the landscape maintenance provisions of Subsection H(3).
[2] 
Lands, used principally for farming, agricultural, cultivation, harvesting operations including, but not limited to, crops or livestock. For the purposes of this exception, the yard around any dwelling on such lands is required to comply with the landscape maintenance provisions of Subsection H(3).
[3] 
Appropriately maintained natural landscaping as provided in Subsection H(3)(b).
[4] 
Wooded areas or tree lines where the distance between trees effectively prevents mowing.
[5] 
Hilly areas with severe slopes that would prevent safe mowing.
[6] 
Lands located in a designated floodplain and/or wetland area.
[7] 
Properties owned by governmental entities or where federal, state or local regulations provide otherwise.
[8] 
Property or land areas with unusually unique terrain or circumstances as determined by Village personnel.
(3) 
Landscape maintenance.
(a) 
Purpose.
[1] 
The use of woodlands, prairies, wildflowers, natural grasses and other native plants in a managed landscape design can be economical, low-maintenance and effective in soil and water conservation. However, it is not the intent of this section to allow vegetated areas to be completely unmanaged or overgrown.
[2] 
Areas that present either a direct health hazard or provide a demonstrated breeding ground for fauna known to create a safety or health hazard will not be permitted. Certain noxious weeds defined in this section are recognized indicators of neglect. The Village recognizes the desirability of permitting natural vegetation within the Village limits while maintaining public health and safety at the same time.
(b) 
Managed and natural landscaping.
[1] 
Native and naturalized plants including, but not necessarily limited to, ferns, wildflowers, grasses, shrubs and trees may be grown in a managed landscape design or in naturally maintained conditions such as prairies, wooded areas, wetlands provided said plants were not obtained, or are not growing, in violation of any local, state or federal laws.
[2] 
Nuisance weeds and noxious weeds as identified in this article are prohibited in all cases and shall be subject to abatement.
[3] 
Managed and natural landscape areas shall not be allowed to interfere with traffic vision.
(c) 
Yard neglect.
[1] 
The front, side and rear yards of a residence, commercial, institutional or industrial use, shall be maintained with a lawn, shrubbery, plantings or other surface treatment consistent with this section for an area equal to the property's zoning district minimum setback requirements, except as provided in Subsection H(2)(b).
[2] 
Rank or unmanaged growth of vegetation identified in state or local codes is not permitted and is declared to be a public nuisance.
(4) 
Noxious weeds and uncut growth; public nuisance; abatement by the Village. All noxious weeds and uncut vegetative growth as outlined in this article is hereby declared to be a public nuisance and may be abated by the Village at its option if the owner fails to comply with this article. In addition to any other penalty provided in this article, the costs thereof, together with an administrative charge applied to the bill, imposed each time the growth is abated shall be charged against the property as a special tax.
A. 
Restricted. No person shall store junked or discarded property, including automobiles, automobile parts, trucks, tractors, refrigerators, furnaces, washing machines, stoves, machinery or machinery parts, wood, bricks, cement blocks or other unsightly debris which substantially depreciates property values in the neighborhood, except in an enclosure which screens such property from public view or upon permit issued by the Village Board.
B. 
Order for compliance. The Zoning Administrator/Building Inspector may require by written order any premises in violation of this section to be put in compliance within the time specified in such order and, if the order is not complied with, may have the premises put in compliance and the cost thereof assessed as a special tax against the property.
C. 
Motor vehicle and trailer salvage storage.
(1) 
Planning and Zoning Commission to establish rules. The Planning and Zoning Commission shall enact such rules and regulations including, but not limited to, provisions for fencing, distance from highways, etc., for the regulation of the dismantling, accumulation or storage of junked or inoperable motor vehicles and trailers or parts thereof outside of any building as deemed necessary for the public health, safety and welfare. Rules and regulations so enacted shall, after ratification by the Village Board and publication in the official newspaper, become a part of this section by reference as though fully incorporated herein.
(2) 
Permit required. No person shall accumulate or store any junked or inoperable motor vehicles or trailers or parts thereof outside of any building on any real estate within the Village unless a permit is obtained from the Village Clerk-Treasurer for such use. The Village Clerk-Treasurer shall not issue a permit unless the application is approved by the Zoning Administrator/Building Inspector and a fee of $100 is paid to the Village Clerk-Treasurer. All permits shall expire on the 31st day of December of each year and shall be renewed. A renewal application may be denied for violation of this section, and if approval is denied, the Zoning Administrator/Building Inspector shall state the reasons for disapproval on the application. The Village Clerk-Treasurer shall notify the applicant of disapproval and the applicant shall be given an opportunity to be heard before the Village Board.
(3) 
Conformance with rules and regulations of Planning and Zoning Commission. The Zoning Administrator/Building Inspector shall not approve an application for a permit to accumulate or store junked or inoperable motor vehicles and trailers or parts thereof unless the premises conforms to the rules and regulations of the Planning and Zoning Commission as follows:
(a) 
All material not stored within a building shall be enclosed by a solid fence.
[1] 
The fence shall be of chain link fabric of No. 9 gauge wire or heavier, galvanized or aluminum-coated steel; such fence to have an open mesh no larger than three inches and be equal to "U.S. Cyclone" or "Sentry Fence" standards and with slats inserted in the fence which are impervious to sight.
[2] 
The fence shall be kept in good state of repair and painted in uniform color.
[3] 
The fence shall not be less than six feet in height and of uniform height and material. If materials stored exceed six feet, such material shall be screened by natural objects or plantings.
[4] 
The fence shall not be less than 25 feet from the street, curb or road edge.
(b) 
No material shall rest upon the fence.
(c) 
There shall be no signs, bulletins and posters posted on the fence.
(d) 
All properties with such materials in existence on the date of enactment of these rules and regulations shall conform to these requirements within 90 days.
(4) 
Enforcement. The rules and regulations governing the storage of junked or inoperable motor vehicles and trailers or parts thereto shall be enforced by the Zoning Administrator/Building Inspector.
(5) 
Defined. "Motor vehicle" and "trailer" as used herein shall mean any automobile, truck trailer, semitrailer, tractor, motor bus or any self- propelled or motor-driven vehicle.
(6) 
Authority to retain. Any business engaged in automotive sales or repair may retain disassembled, inoperable, junked or wrecked motor vehicles, truck bodies, tractors or trailers in the open, on private property, for a period not to exceed 30 days, after which such vehicles must be removed.
(7) 
No semitrailer or van box may be used for storage within the Village without first securing a permit from the Zoning Administrator/Building Inspector. The Zoning Administrator/Building Inspector may issue a permit not to exceed six months for temporary use for a semitrailer as storage if he feels it would not be unsightly nor diminish the quality of the neighborhood. In the event that the storage is on a construction site, the Zoning Administrator/Building Inspector may grant an extension if he thinks it is warranted.
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 fastened in such manner as to prevent injury to any person and any cover shall be of such design, size and weight that the same cannot be removed by small children.
No person shall leave or permit to remain outside 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 having an airtight door or lid, snap lock or other locking device which may not be released from the inside unless such door or lid, snap lock or other locking device has been removed from such icebox, refrigerator or container or unless such container is displayed for sale on the premises of the owner or his agent and is securely locked or fastened.
A. 
Inspection of premises. Whenever complaint is made that a public nuisance exists within the Village, the Chief of Police, Zoning Administrator/Building Inspector or other authorized Village employee shall inspect or cause to be inspected the premises and shall make a written report of his/her findings to the Village Administrator.
B. 
Summary abatement.
(1) 
Notice to owner. If the inspecting officer shall determine that a public nuisance exists on private property and that there is great and immediate danger to the public health, safety, peace, morals or decency, the Village Administrator or designee may direct the appropriate personnel to serve notice on the owner, or, if the owner cannot be found, on the occupant or person causing, permitting, or maintaining such nuisance and to post a copy of the notice on the premises. Such notice shall direct the owner, occupant, or person causing, permitting or maintaining such nuisance to abate or remove such nuisance within 24 hours and shall state that unless such nuisance is so abated, the Village will cause the same to be abated and will charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the same.
(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 Village Administrator shall direct the abatement or removal of such nuisance.
C. 
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 shall file a written report of his findings with the Village Administrator, who may cause an action to abate such nuisance to be commenced per Chapter 823 of the Wisconsin Statutes.
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 of Wisconsin.
In addition to any other penalty imposed by this Code 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, or shall be assessed against the real estate.
A. 
Wherever this article imposes the cost of abatement as a special charge against the premises, the Village elects not to be subject to the administrative review provisions contained within Chapter 68 of the Wisconsin Statutes, and establishes the following as a complete and final review procedure: As a condition precedent to challenging any special charge, the owner of the premises must timely pay the charge in full under protest to the Village. An appeal shall be to the Village Administrator and can be undertaken only by filing a written appeal with the Village Clerk-Treasurer concurrent with the date of payment. The written appeal shall specify all grounds for challenge to the amount of the special charge and shall state the amount of charge that the appellant considers to be appropriate. Failure to timely and properly appeal shall deprive the Village Administrator of jurisdiction to hear the appeal.
(1) 
The Village Administrator shall have 60 calendar days to consider an appeal under this subsection. In considering an appeal, the Village Administrator shall determine whether the charge is fair and reasonable and, in the event the appeal is granted, whether or not a refund is due the appellant and the amount of the refund. The Village Administrator shall conduct a formal or informal hearing at such time and place as designated in a hearing notice to the appellant, providing five business days' notice to the appellant. The Village Administrator shall obtain sufficient facts upon which to make a determination. The decision shall be based upon the evidence presented. The Village Administrator shall notify the appellant in writing of the determination by first class mail addressed to the individual and at the address listed within the appeal. Service is conclusive upon mailing.
(2) 
The decision of the Village Administrator is final except if the owner of the premises appeals the decision to a court of competent jurisdiction. Such appeal shall be filed no later than 30 calendar days after the date of mailing the decision of the Village Administrator. Such appeal shall be by writ of certiorari and the reviewing court shall be limited solely to the record created before the Village Administrator. Costs, but not attorney fees, shall be awarded to the prevailing party, at the sole discretion of the court. Failure to timely and properly appeal shall deprive the court of jurisdiction to hear the appeal.
The penalty for violation of any provision of this article shall be as provided in § 1-3. Each day of continuing violation shall constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[Adopted as § 3.6 of the 2000 Code]
[1]
Editor's Note: The preamble to the ordinance adopting this article reads: "An ordinance under the provisions of § 66.0415, Wis. Stats., to direct the location, management and construction of, and license (annually or otherwise), to regulate or prohibit any industry, thing or place where any nauseous, offensive business is carried on, the ordinance to apply within the boundaries of the Village of Hobart."
Any business considered to be nauseous or offensive is declared to be a public nuisance and an action for the abatement or removal thereof or to obtain an injunction to prevent the same may be authorized to be brought and maintained by the Village Board.
Any business considered to be nauseous or offensive shall be deemed unlawful, and any person, firm, or corporation may, at the discretion of the court, upon conviction, be subject to the penalties provided in § 1-3. Each day that a violation continues to exist shall constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
All farm operations are to be excluded from this article.