Village of Winneconne, WI Chapter 393 Nuisances

[HISTORY: Adopted by the Village Board of the Village of Winneconne as Title 11, Ch. 6, of the 2012 compilation of ordinances, as amended through 5-22-2013. Subsequent amendments noted where applicable.]

§ 393-1 Public nuisances prohibited.

No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the Village of Winneconne.

§ 393-2 Public nuisance defined.

A public nuisance is 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.

§ 393-3 Public nuisances affecting health.

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 § 393-2:

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. Garbage cans. Garbage cans which are not flytight.

F. Noxious weeds. All noxious weeds and other rank growth of vegetation.

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 senses of ordinary persons which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons within the Village.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

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. Animals at large. All animals running at large.

K. Accumulations of refuse. Accumulations of old cans, lumber, elm firewood and other refuse.

L. Air pollution. The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash or industrial dust within the Village limits 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.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

M. Refuse. Leaves, grass, refuse, disposable or breakable cans or bottles or other waste materials deposited on the public streets, alleyways, parks and beaches of the Village of Winneconne.

N. Improperly removed snow/ice. Snow and/or ice not removed from public sidewalks within 24 hours after it has ceased to fall or accumulate thereon.

O. Multifamily bulk refuse containers. Any owner of a building containing three or more dwelling units who fails to supply bulk refuse containers sufficient to meet the needs of all the occupants of the dwelling for the sanitary and safe storage and disposal of rubbish and garbage.

P. Outside storage. In the General Industrial District, the outside storage of materials, equipment, machinery, boats, movable structures and other items of a similar nature not directly related to the operation of the business located on the premises shall be prohibited.

§ 393-4 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 § 393-2:

A. Disorderly houses. 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.

B. Gambling devices. All gambling devices and slot machines, except as permitted by state law.

C. Unlicensed sale of liquor and beer. 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 the ordinances of the Village.

D. 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.

E. Illegal drinking. 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 Village.

§ 393-5 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 § 393-2:

A. Signs, billboards, etc. 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.

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. 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.

D. Tree limbs. All limbs of trees which project over a public sidewalk less than eight feet above the surface thereof and all limbs which project over a public street less than 14 feet above the surface thereof.

E. Dangerous trees. All trees which are a menace to public safety or are the cause of substantial annoyance to the general public.

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

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

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

I. Noisy animals or fowl. 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.

J. Obstructions of 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 which do not conform to the permit.

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

L. 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/her control in a place accessible to children any abandoned, unattended or discarded ice box, refrigerator or other container which has an airtight door or lid, snap lock or other locking device which may not be released from the inside without first removing said door or lid, snap lock or other locking device from said ice box, refrigerator or container, unless such container is displayed for sale on the premises of the owner or his/her agent and is securely locked or fastened.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

M. Flammable liquids. Repeated or continuous violations of the ordinances of the Village or laws of the state relating to the storage of flammable liquids.

N. Rummage sale signs. All rummage/garage sale signs shall be removed within 24 hours of the end of the sale.

§ 393-6 Abatement of public nuisances.

A. 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 designated officer thereof, 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 said 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.

[Amended 9-18-2018]

(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 officer having the duty of enforcement shall cause the abatement or removal of such public nuisance.

B. Abatement by court action. If the inspecting officer determines 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, the inspector shall file a written report of such findings with the Village Administrator who, upon direction of the Village Board, shall cause an action to abate such nuisance to be commenced in the name of the Village in Winneconne Municipal Court in accordance with the provisions of Chapter 823, Wis. Stats.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

C. Court order. Except where necessary under Subsection A, no officer hereunder 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.

D. Alternative method to abate nuisance.

[Added 9-18-2018]

(1) Notice to owner. In addition to any other enforcement measure provided by law, for any nuisance as enumerated in this chapter, whenever the Chief of Police determines that three or more public nuisance activities resulting in a law enforcement action have occurred at a premises (in the case of a residential rental unit, each incident involving the same occupant, lessee or lessees) on separate incidents during a twelve-month period, the Chief of Police may notify the premises owner, 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, a statement indicating that the cost of future enforcement may be assessed as a special charge against the premises pursuant to § 66.0627(2), Wis. Stats., and a notice as to the appeal rights of the owner. The notice shall be delivered by any one of these methods:

(a) By personally serving the owner or by leaving the notice at the owner's abode or principal place of doing business with a person who is apparently in charge of the principal place of doing business.

(b) If notice cannot be served under Subsection D(1)(a) with reasonable diligence, by registered mail, or certified mail return receipt requested to the address of the owner as shown on the most current real estate tax bill and the owner's last known residential or business address; or

(c) If notice cannot be served under Subsection D(1)(a) or (b) with reasonable diligence, by publication as a Class 1 notice together with mailing the notice to the address of the owner as shown on the most recent real estate tax bill and the owner's last known residential or business address; the mailing may be omitted if the post office address cannot be ascertained with reasonable diligence.

(2) Abatement plan. Any owner receiving notice pursuant to this section shall, unless other arrangements are agreed to in writing, meet with the Chief of Police within five business days of receipt of such notice. The parties shall review the problems occurring at the property. Within 10 business days of this meeting, the owner shall submit to the Chief of Police a written abatement plan to end the public nuisance activity on the property. The plan shall also specify a name, address, and telephone number of a person living in the State of Wisconsin who can be contacted in the event of further police, fire or inspection contact. In the case of rental property, pursuing action under Ch. 704, Wis. Stats., may be part of the proposed plan, so long as such action is timely taken. The Chief of Police shall, within 10 business days of receipt of the written plan: accept the abatement plan as written and give the owner written notice of the same; or shall contact the owner to discuss necessary changes to the abatement plan. If the parties do not agree on an abatement plan within 30 days of service of the initial notice of nuisance pursuant to this section, the Village may pursue any remedies available to it under law, including the remedies available in Subsection D(3) below.

(3) Additional public nuisance activity. Whenever the Chief of Police determines that additional public nuisance activity has occurred at a premises for which notice has been issued pursuant to this section, that this public nuisance activity has occurred not less than 15 business days after notice has been issued, and that reasonable efforts have not been made to abate the public nuisance activity, the Chief of Police shall calculate the cost of police response and enforcement for this and any subsequent public nuisance activities and shall cause such charges and administrative costs to be assessed and collected as a special charge against the premises pursuant to § 66.0627(2), Wis. Stats.

(4) Additional public nuisance activity during implementation of agreed upon abatement plan. If additional public nuisance activity occurs on a rental property subject to an abatement plan during the timely implementation of the agreed upon abatement plan, the property owner shall not be subject to penalties described in this code.

E. 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.

§ 393-7 Cost of abatement.

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.

§ 393-8 Enforcement; penalty.

A. Statutory authority. The Village Board of the Village of Winneconne, pursuant to authority granted to local municipalities, hereby incorporates the provisions of § .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 Administrator that a public nuisance exists within the Village, the Village Administrator shall promptly notify the Chief of Police or other 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 Administrator. 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-Treasurer.

C. Enforcement. The Village Administrator, Chief of Police, Fire Inspector, Director of Public Works and Building Inspector 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 ensure that such provisions are not violated. No action shall be taken under § 393-6 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 determined by Village Board. See § 1-3 of this Code.