[HISTORY: Adopted by the Village Board of the Village of Grantsburg 2-10-2020 by Ord. No. 01-20[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 387, Nuisances, adopted 7-9-2018 (at time of adoption of Code).
No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisances within the Village.
As used in this chapter, the following terms shall have the meanings indicated:
PUBLIC NUISANCE
A thing, act, occupation, condition or use of property which shall continue for such length of time as to:
A. 
Substantially annoy, injure or endanger the comfort, health, repose or safety of the public.
B. 
In any way render the public insecure in life or in the use of property.
C. 
Greatly offend the public morals or decency.
D. 
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.
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 in § 387-2:
A. 
Adulterated food. All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public.
B. 
Unburied carcasses. Carcasses of animals, birds or fowl not intended for human consumption or foods which are not buried or otherwise disposed of in a sanitary manner within 24 hours after death.
C. 
Breeding places for vermin, etc. 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.
D. 
Stagnant water. All stagnant water in which mosquitoes, flies or other insects can multiply.
E. 
Privy vaults and garbage cans. Privy vaults and garbage cans which are not fly tight.
F. 
Noxious weeds. All noxious weeds and other rank growth of vegetation. All weeds and grass shall be kept cut to a height not to exceed one foot. A list of noxious weeds is available for review at the Village Office.
G. 
Water pollution. 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.
H. 
Noxious odors, etc. Any use of property, substances or things within the Village emitting or causing any foul, offensive, noisome, nauseous, noxious or disagreeable odors, gases, effluvia or stenches extremely repulsive to the physical sense of ordinary persons which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons within the Village.
I. 
Street pollution. 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 Village.
J. 
Noise. Any loud, discordant and unreasonable noises or vibrations of any kind that generate numerous complaints.
K. 
Containers. 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.
L. 
Flammable liquids. Repeated or continuous violations of the ordinances of the Village or laws of the state relating to the storage of flammable liquids.
M. 
Sanitary facilities. Any structure or other man-made device or vehicle designed or used for human shelter, whether permanent or temporary, including but not limited to motorhomes, campers and trailers, both transportable and nontransportable, and which is not connected to both an approved private or public sanitary system and potable water system except for temporary human shelters situated in a licensed campground where sanitary sewage disposal and potable water related to the use of such structure, device, or vehicle is otherwise provided.
N. 
Public camping. Camping in any park or playfield owned by the Village, or on any sidewalk, street, alley, lane, public right-of-way, or under any bridge or viaduct, or in any other public place to which the public has access, except in park areas licensed as a campground. For purposes of this subsection, “camping” means the temporary use of a structure, tent, recreational vehicle or trailer for purpose of human shelter, which shelter is not connected to an approved private or public sanitary disposal system or potable water system.
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 in § 387-2:
A. 
Disorderly houses. All disorderly houses, houses of ill fame, gambling houses and buildings or structures kept or resorted to for lewdness, assignation or prostitution, promiscuous sexual intercourse or gambling.
B. 
Unlicensed sale of liquor and fermented malt beverages. All places where intoxicating liquor or fermented malt beverages are sold, possessed, stored, brewed, bottled, manufactured or rectified without permit or license as provided for by the ordinances of the Village and the State of Wisconsin.
C. 
Continuous violation of Village ordinances. Any place or premises within the Village where Village ordinances or state laws relating to public health, safety, peace, morals or welfare are openly, continuously, repeatedly and intentionally violated.
D. 
Illegal drinking.
(1) 
Any place or premises resorted to for drinking intoxicating liquor or fermented malt beverages in violation of the laws of the state or ordinances of the Village and the State of Wisconsin.
(2) 
No adult person shall permit premises under his or her control to serve or allow the illegal consumption of intoxicating liquors or fermented malt beverages by individuals under the age of 21 or use of controlled substances by any individual. This subsection does not apply to alcohol beverages used exclusively as part of a religious service.
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 in § 387-2:
A. 
Signs, billboards, etc. All permanent 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.
B. 
Illegal buildings. All buildings erected, repaired or altered in violation of the provisions of the ordinances of the Village relating to materials and manner of construction of buildings and structures within the Village.
C. 
Unauthorized traffic signs. An unauthorized sign, signal, marking or device placed or maintained upon or in view of any public roadway or railway crossing which purports to be or may be mistaken as an official traffic control device, railroad sign or signal which, because of its color, location, brilliance or manner of operation, interferes with the effectiveness of any such device, sign or signal.
D. 
Obstruction of intersections. 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.
E. 
Tree limbs. All limbs of trees which project over and less than 10 feet above any public sidewalk, street or other public place.
F. 
Dangerous trees. All trees which endanger public safety.
G. 
Wires over streets. All wires over streets, alleys or public grounds which are strung less than 15 feet above the surface thereof which endanger or interfere with public vehicular or pedestrian traffic.
H. 
Obstructions or streets; excavations. All 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 or illegal length of time after the purpose thereof has been accomplished or do not conform to the permit.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CHIMNEY
Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a solid-fuel-fired heating device; especially that part of such structures extending above a roof.
OUTDOOR SOLID-FUEL HEATING DEVICE
A device, structure or apparatus which supplies direct or indirect heat from the burning of solid fuel, including but not limited to wood, to a building.
B. 
Operation of solid fuel heaters.
(1) 
Operation of all solid fuel heaters in a manner which is not consistent with the requirements of the ordinances of the Village are subject to the definition of "public nuisance" in §§ 387-2, 387-3 and 387-4 of this chapter.
(2) 
The following materials shall not be burned in any solid fuel heater, other than paper to start the fire, properly seasoned fuel wood, or coal with sulfur content less than 1.0% by weight burned in a coal-only heater:
(a) 
Rubbish or garbage;
(b) 
Treated or painted wood;
(c) 
Plastic and plastic products;
(d) 
Rubber products, including tires and synthetic rubber-like products;
(e) 
Animal carcasses and wastes;
(f) 
Asphaltic products;
(g) 
Paints and chemicals; or
(h) 
Any substance which normally emits dense smoke or obnoxious odors.
C. 
An outdoor wood-fired furnace may be installed and used in the Village of Grantsburg only in accordance with the following provisions:
(1) 
All outdoor wood-fired furnaces under this section must meet current Environmental Protection Agency requirements and specifications.
(2) 
The outdoor wood-fired furnace must meet all current setback requirements with the exception of being 20 feet from the side yard.
(3) 
The outdoor wood-fired furnace shall have a three-sided fence between six feet and seven feet in height surrounding the furnace.
(4) 
The outdoor wood-fired furnace shall have a chimney that extends at least 15 feet above the ground surface or three feet above the highest eave line of any building within 100 feet. The chimney must be secured and able to withstand high winds.
(5) 
The owner of the outdoor wood-fired furnace shall obtain a one-time permit from the Village of Grantsburg that would need to be renewed if ownership of the property changes.
(6) 
Burnable debris must be kept clear of the area directly in front of the stove.
(7) 
Outdoor wood-fired furnaces deemed a public nuisance by the Village are subject to removal at the Village's discretion.
D. 
Penalty. Any violation of this section shall be punishable according to the provisions of § 1-4 of this Code and if such a violation is deemed a public nuisance, subject to the abatement of public nuisances as provided in this chapter.
A. 
Nuisances prohibited.
(1) 
Nuisances not to be maintained. No person may maintain or permit a public nuisance within the Village of Grantsburg.
(2) 
Criteria. The Village Board determines that a nuisance is unreasonable activity or use of property that interferes substantially with the comfortable enjoyment of life, health, or safety of another or others. Criteria for a public nuisance are, but not limited to, those grounds listed in §§ 387-3 to 387-6.
(a) 
The number of people affected;
(b) 
The location of the operation or property;
(c) 
The degree or character of the injury inflicted, or the right impinged upon;
(d) 
The reasonableness of the use of the property;
(e) 
The nature of the business maintained;
(f) 
The proximity of dwellings to the business; and
(g) 
The nature of the surrounding or community.
B. 
Summary abatement.
(1) 
Order; notice.
(a) 
If the enforcement official of the Village determines that a public nuisance exists within the Village of Grantsburg and that there is imminent danger to public health, safety, peace, morals, comfort or welfare, the enforcement official, or his/her designee, may, without notice or hearing, issue an order reciting the existence of a public nuisance constituting an imminent danger to the public and requiring that prompt action be taken as such official deems necessary to abate the nuisance. Notwithstanding any other provisions of this chapter, the order shall be effective immediately.
(b) 
Notice of the order shall be personally served, or delivered by certified mail, by the enforcement official or his/her deputy on the owner and/or occupant of the premises where such nuisance is caused, maintained or permitted; a copy of such notice shall also be posted on the premises. Such order shall direct the person causing, maintaining or permitting such nuisance, or the owner and/or occupant of the premises, to abate or remove such nuisance within a period not less than 24 hours or greater than 7 days, 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 and/or person causing, maintaining or permitting the nuisance, as the case may be. Any person to whom such order is directed shall comply with the order immediately.
(2) 
Abatement by Village. Whenever the owner or occupant shall refuse or neglect to remove or abate the condition described in the order, or if the nuisance is not abated within the time period provided, or if the owner, occupant or person causing or maintaining the nuisance cannot be found, the Village official having the duty of enforcement shall cause the abatement or removal of such public nuisance. The Village shall recover the expenses incurred thereby from the owner and/or occupant of the premises or from the person(s) who has caused or permitted the nuisance.
C. 
Nonsummary abatement.
(1) 
Order; Notice. If the enforcing official determines that a public nuisance exists on private premises but that the nature of such nuisance is not such as to threaten imminent danger to the public health, safety, peace, comfort, morals or welfare, the enforcing official shall issue an order reciting the existence of a public nuisance and requiring the owner and /or occupant of the premises to remove or abate the condition described in the order within the time period specified therein. The order shall be personally served on the owner of the property, as well as the occupant if different from the owner and applicable to the nuisances cited, or, at the option of the enforcing official, the notice may be mailed to the last known address of the person to be served by certified mail with return receipt. If the owner or the occupant cannot be served, the order may be served by posting it on the main entrance of the premises and by publishing as a Class 3 notice under Ch. 985, Wis. Stats. The time limit specified in the order runs from the date of service or publication.
(2) 
Abatement by Village. If the owner or occupant fails or refuses to comply within the time period described, the enforcement official may cause the nuisance to be removed or abated and the Village shall recover the expenses incurred thereby from the owner and/or occupant of the premises or from the person who has caused or permitted the nuisance.
D. 
Appeals. Any person aggrieved by a notice/order of a Village enforcement official under Subsection B or C above issued in connection with any alleged violation of the provisions of this chapter or of any applicable rules and/or regulations pursuant thereto or by any order requiring repair or demolition may file with the Clerk a petition setting forth his/her reasons for contesting the notice and/or order. Such petition shall be filed within 15 days of receipt of the enforcement official's notice. The Village Board shall conduct a hearing on the petition within 30 days after the filing date of the appeal and make a determination on the appeal and the enforcement official's notice and/or order.
E. 
Alternative curative method: repair or razing order.
(1) 
Court petition. As an alternative curative method, whenever an owner, operator, or agent of a premises or unit thereof fails, neglects, or refuses to make repairs, raze or remove, make safe by repairs or other corrective action called for, the enforcement official may undertake such repairs or action. If the owner, operator or agent fails to repair or remove a building which is dilapidated or blighted to the extent that such building, dwelling, or structure offends the aesthetic character of the immediate neighborhood or produces blight or deterioration by reason of such conditions, the enforcement official may apply to circuit court for an order determining that such building, dwelling, or structure constitutes a public nuisance and the defect shall be remedied. Every violation of this Code of Ordinances may constitute a public nuisance and may be enjoined, and the maintenance thereof may be abated by legal action by the Village or citizen thereof.
(2) 
Razing orders. Where a judicial review of a decision of the enforcement official is sought when such order originates under § 66.0413, Wis. Stats., governing the razing of buildings, the statutory procedures shall be adhered to.
F. 
Alternative curative method: Ch. 823, Wis. Stats., Nuisances. The provisions of Chapter 823, Wis. Stats., regarding public nuisances specifically addressed by that chapter are adopted and incorporated herein by reference. At his/her option, if the enforcement official finds that a public nuisance exists, such official may file a written report of such findings with the Village Board, which shall cause an action to abate such nuisance to be commenced in the name of the Village in Burnett County Circuit Court in accordance with the provisions of Chapter 823, Wis. Stats. Nothing in this chapter shall be construed as prohibiting the abatement of public nuisances by the Village and its officials in accordance with the laws of the State of Wisconsin.
G. 
Court order to access property. Except when necessary under Subsection B, no enforcement official shall use force to obtain access to private property to abate a public nuisance, but shall request permission to enter upon private property if such premises are occupied and, if such permission is denied, shall apply to any court having jurisdiction for an order assisting the abatement of the public nuisance, or to permit inspection under § 66.0119, Wis. Stats.
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; such cost shall be assessed against the real estate as a special charge.
A. 
Statutory authority. The Village Board of the Village of Grantsburg, pursuant to authority granted to local municipalities, hereby incorporates the provisions of § 66.0413 and Ch. 823, Wis. Stats., as the same apply to the abatement of public nuisances.
B. 
Inspection of premises. Whenever complaint is made to the Village Clerk that a public nuisance exists within the Village, the Village Clerk shall promptly notify the appropriate inspection authority who shall forthwith inspect or cause to be inspected the premises and shall make a written report which shall be submitted to the Village Clerk. Whenever practicable, the inspecting officer shall cause photographs to be made of the premises and shall file the same in the office of the Village Clerk.
C. 
Enforcement. The Village President, Clerk, Village Board, Fire Inspector, Director of Public Works, Building Inspector and law enforcement authorities shall enforce those provisions of this chapter that come within the jurisdiction of their offices, and they shall make periodic inspections and inspections upon complaint to insure that such provisions are not violated. No action shall be taken under § 387-7 to abate a public nuisance unless the officer has inspected or caused to be inspected the premises where the nuisance is alleged to exist and is satisfied that a nuisance does, in fact, exist.
D. 
General penalty. Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-4.