[HISTORY: Adopted by the Town Board of the Town of Algoma
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-17-2015 by Ord. No. 152]
The purpose of this article is to prohibit acts, omissions,
places, conditions and things that can be specifically declared a
public nuisance.
As used in this article, the following terms shall have the
meanings indicated:
Any motor vehicle which has parts, accessories or equipment
removed therefrom so that the same cannot be operated legally upon
any roadway.
Any vehicle, parts of which have been removed, rendering
the same incapable of being safely or legally operated upon any roadway.
Any motor vehicle which has been wrecked or damaged in such
a manner that it cannot be safely or legally operated upon any roadway.
Vehicle which is designed for operating on land, which is
self-propelled and which can be used for transporting people and materials
upon any roadway.
Any individual, firm, partnership, corporation or association.
Any real property not owned by the federal government, state
government, city, school district or other political subdivisions.
A thing, act, occupation or use of property which shall continue
for such length of time as to substantially annoy, injure or endanger
the comfort, health, repose or safety of the public and in any way
render the public insecure in life or in the use of property.
Any public alley, lake, pond, river, stream, street or roadway
and all property not defined in this section under "private property."
A motor vehicle or trailer equipped with living space and
amenities found in a home. Recreational vehicle types include the
motor home (Class A, B, B+, C), travel trailer, fifth-wheel trailer,
snowmobile trailer, toy hauler, pop-up trailer and slide-in camper.
Includes, but not limited to, boats whether powered by engine,
wind or other means, surfboards, personal watercraft or any other
device or mechanism the primary or incidental purpose of which is
locomotion on or across or underneath the surface of the water.
Any motor vehicle which has been damaged by collision either
with a motor vehicle or stationary object and parts of which are bent,
broken or attached so that it is rendered incapable of being safely
or legally operated upon any roadway.
The following acts, omissions, places, conditions and things are specifically declared to be public nuisances, but such enumeration shall not be construed to exclude other nuisances coming within the definition in § 243-2 of this article:
A.
All abandoned, wrecked, dilapidated, junked, unsightly, burned-out,
partially salvaged, partially demolished or damaged motor vehicles,
buses, house trailers, vans, tractors, be they truck or agricultural,
farm implements, trailers of any kind, house trailers or any other
vehicles or devices designed to be upon the roadway or used with or
by on-the-roadway or off-the-roadway vehicles;
B.
No person shall leave unattended and unused any motor vehicle, recreation
vehicle or watercraft on any public alley, lake, pond, river, stream,
street or roadway or public or private property under circumstances
as to cause the vehicle to reasonably appear to have been abandoned.
When any vehicle has been left unattended on any street or roadway
or on any public or private property for more than 72 hours, the vehicle
will be considered a public nuisance;
C.
No person shall accumulate, store or allow any dismantled, inoperative,
junked or wrecked motor vehicles, truck bodies, recreational vehicles,
watercraft, tractors or trailers in the open upon any public or private
property in the Town for a period exceeding seven days;
D.
No person shall accumulate, store or allow any unlicensed motor vehicles,
truck body, recreational vehicle, watercraft, tractor or trailer in
the open upon any public or private property in the Town for a period
exceeding seven days.
A.
Nuisance located on owner's private property.
(2)
If personal contact is not made or the offender does not remedy the
nuisance, a registered, return-receipt-requested letter will be sent
to the offender. The correspondence will enumerate the nuisance activities,
the remedy or remedies and the date on which the nuisances shall be
corrected. The length of time given for remediation will be based
on the amount of nuisances to be corrected.
(3)
If the nuisance is not remedied with personal contact or a registered,
return-receipt-requested letter, the next form of contact shall be
as follows: A notice of intent to impound shall be sent certified
mail with return receipt. If the certified mail receipt is not returned
within seven business days, a notice of intent to impound shall be
fastened to the nuisance in question. The nuisance shall be removed,
repaired, assembled, made operable and roadworthy and licensed within
15 calendar days. For good cause, the time limit imposed could be
extended.
B.
Nuisance located on public property, highway or private property
not owned by the vehicle owner.
(1)
The vehicle owner shall be given 24 hours to have the nuisance removed,
repaired, assembled, made operable and roadworthy and licensed. Reasonable
effort should be made to deliver the notice of intent to impound to
the owner in person. Otherwise, a notice of intent to impound shall
be fastened to the nuisance in question.
(2)
If the nuisance is not corrected with the time allotted by the notice
of intent to impound, the following shall occur: the motor vehicle,
recreational vehicle or watercraft shall be impounded by the Town.
A.
After the motor vehicle, recreational vehicle or watercraft has been
towed, the owner shall be notified by certified mail, receipt requested,
that the vehicle has been impounded by the Town and may be reclaimed
within 15 days upon payment of accrued storage, towing and notice
charges and, if not so reclaimed, the same shall be sold.
B.
If the above motor vehicle, recreational vehicle or watercraft is
not reclaimed within the fifteen-day period and under the conditions
as provided above, it may be sold at private sale.
C.
After deducting all the expenses incurred, the balance of the proceeds
from the sale, if any, shall be paid into the Town treasury.
D.
The owner of any motor vehicle, recreational vehicle or watercraft,
except a stolen vehicle, is responsible for all costs of impounding
and disposing of the vehicle. Costs not recovered from the sale of
the vehicle may be recovered by a civil action by the Town against
the owner.
E.
Within five days of the sale or disposal of the vehicle, as provided
in this section, the Town Administrator or duly authorized representative
shall advise the Wisconsin Department of Transportation, Division
of Motor Vehicles, of such sale or disposition on a form supplied
by the Division of Motor Vehicles. A copy of such form shall also
be given to the purchaser of the vehicle and a copy shall be retained
in file in the Town.[1]
This article shall not apply to automobile sales or repair enterprises
operated in a properly zoned area for such enterprises nor shall it
apply to automobiles licensed as collector automobiles; provided that
upon such premises there is inside storage.
[Adopted 6-17-2015 by Ord. No. 153]
The purpose of this article is to prohibit acts, omissions,
places, conditions and things that can be specifically declared a
public nuisance.
As used in this article, the following terms shall have the
meanings indicated:
Any individual, firm, partnership, corporation or association.
Any real property not owned by the federal government, state
government, city, school district or other political subdivisions.
A thing, act, occupation or use of property which shall continue
for such length of time as to substantially annoy, injure or endanger
the comfort, health, repose or safety of the public and in any way
render the public insecure in life or in the use of property.
Any public alley, street or highway and all property not
defined in this section under "private property."
The following acts, omissions, places and conditions that are specifically declared to be public nuisances, but such enumeration shall not be construed to exclude other nuisances coming within the definition in § 243-8 of this article:
A.
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.
B.
The presence of any decayed animal matter; vegetable matter; trash;
rubbish; rotting lumber; bedding; packing material; scrap metal; and
any material whatsoever of any nature or description, shape or composure,
in which vermin such as flies, mosquitoes, insects, rats, mice or
other potential disease-transmitting vermin may breed.
C.
Any use of property, substances or materials within the Town 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.
D.
All buildings erected, repaired or altered within the limits of the
Town in violation of the provisions of the ordinances of the Town,
relating to materials and manner of construction of buildings and
structures within such district.
E.
All buildings or structures so dilapidated or out of repair as to
be dangerous, unsafe, unsanitary or otherwise unfit for human use.
F.
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.
G.
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.
H.
Any wood, bricks, construction materials, cement, concrete blocks,
machinery or parts thereof, refrigerators, furnaces, washing machines,
stove and other appliances or any other unsightly accumulation of
items or materials such as may tend to depreciate property values
in the area or create a blighted condition or create a hazard (except
when such items are properly housed and out of public view).
I.
Abandoned, discarded or unused objects or equipment such as furniture,
stoves, refrigerators, freezers, cans, containers, lumber, trash or
debris.
A.
B.
If personal contact is not made or the offender does not remedy the
nuisance, a registered, return-receipt-requested letter will be sent
to the offender. The correspondence will enumerate the nuisance activities,
the remedy or remedies and the date on which the nuisances shall be
corrected. The length of time given for remediation will be based
on the amount of nuisances to be corrected.
C.
If the certified mail receipt is not returned within seven business
days, a notice of intent shall be affixed to a structure door or window
on the owner's property. The nuisance shall be removed or repaired
within 15 calendar days. For good cause, the time limit imposed could
be extended.
D.
If the offender does not correct the public nuisances within the
15 calendar days, the public nuisances will be corrected by the Town
of Algoma. The owner shall be billed for the labor and services necessary
to correct the nuisance. Such cost shall be assessed against the real
estate as a special charge if not paid in 30 days.
