[HISTORY: Adopted by the City Council of the City of Two
Rivers (Title 9, Ch. 6, of the 1981 Code). Amendments noted where
applicable.]
No person shall erect, cause, continue, maintain or permit to
exist any public nuisance within the City.
A.
Any place or premises within the City where City ordinances or state
laws relating to public health, safety, peace, morals or welfare are
openly, continuously, repeatedly and intentionally violated.
B.
As used in this chapter, the following terms shall have the meanings
indicated:
- (1) Premises existing within the City which are blighted because of faulty design or construction, failure to maintain them in a proper state of repair, improper management, or due to the accumulation thereon of junk, wood, brick, cement block or other unsightly debris, refrigerators, furnaces, appliances, machinery, or parts thereof, structurally unsound fences, and other items which depreciate property values and jeopardize or are detrimental to the health, safety, morals or welfare of the people of the City.
- (2) Blighted premises contribute to the development of or increase in disease, infant mortality, crime and juvenile delinquency; conditions that are dangerous to the public health, safety, morals and general welfare of the people; the conditions necessitate excessive disproportionate expenditure of public funds for public health, public safety, crime prevention, fire protection and other public services; the conditions cause a drain upon public revenue and impair the efficient and economical exercise of governmental functions in such areas.
- DWELLING
- Any building or structure and attached appurtenances wholly or partly used or intended to be used by humans for living or sleeping.
- DWELLING UNIT
- Any habitable room or group of adjoining habitable rooms located within a dwelling or forming a single unit with facilities which are used or intended to be used for living, sleeping, cooking or eating meals.
- EXTERMINATION
- Control and elimination of insects, rodents or other pests by eliminating their harborage places, by removing or making inaccessible material that may serve as their food by poisoning, spraying, fumigating, trapping or any other approved pest-elimination method.
- (1) Any public nuisance known in common law or in equity jurisprudence.
- (2) Any attractive nuisance which may prove detrimental to children, whether in a building or upon an unoccupied lot. This includes abandoned wells, shafts, basements and excavation; or any abandoned refrigerators, furnaces, machinery or parts thereof, structurally unsound fences and structures; or any lumber, trash, fences, debris or vegetation which may be hazardous for inquisitive minors.
- (3) Whatever is dangerous to human life or is detrimental to health.
- (4) Dwelling or nondwelling structures which tend to depreciate property values and jeopardize the health, safety, morals or welfare of the people of the City due to faulty design or construction, or failure to maintain them in a proper state of repair, or improper management.
- OCCUPANT
- Any person living, sleeping or eating, or having actual possession of, a dwelling, dwelling unit or rooming unit.
- OPERATOR
- Any person who has charge or care of a building or part thereof in which dwelling or rooming units are let.
- OWNER
- Any person who alone or jointly or severally with others is the legally recorded holder of the title, with or without actual possession thereof, or who has charge, care or control of any dwelling or dwelling unit as agent or owner. The term "owner" under this chapter shall also include the legally recorded holder of a land contract vendee interest.
- PERSON
- Any individual, firm, corporation, partnership or association.
- PREMISES
- Any lot, plot or parcel of land, and buildings thereon.
A.
To keep the exterior of the dwelling and nondwelling structures and
premises he controls and occupies in a clean, sanitary condition.
B.
To dispose of rubbish and garbage in a clean, sanitary manner as
prescribed by this Code.
D.
Whenever infestation is caused by the owner's failure to maintain
the dwelling in a rodent-proof or reasonably insect-proof condition,
the occupant is not responsible for extermination of any insects,
rodents or other pests therein.
E.
Rummage/garage sales.
(1)
Rummage/garage sales at any residential location shall be limited
to no more than two events per calendar year, with no one event exceeding
four consecutive days of operation. A permit is not required.
(2)
Rummage/garage sales signs. One temporary rummage/garage sale sign
per lot is allowed with the owner's permission, provided such
sign is not erected more than 24 hours prior to the sale and is removed
when the sale is over, but in no case to exceed 96 hours after the
start of a sale. Rummage/garage sale signs shall not exceed three
feet in height and shall not exceed six square feet in area.
A.
To exterminate in the following cases:
(1)
When infestation exists in two or more units of a multiple unit structure.
(2)
When infestation exists in shared or public areas of a multiple unit
structure.
(3)
When infestation exists in a single unit of a multiple-unit structure
or in a single-unit structure when infestation is due to failure of
the owner to maintain the dwelling in a rodent-proof and reasonably
insect-proof condition.
B.
To perform the responsibilities of the occupant when premises are
vacant.
C.
No owner shall permit any building, structure or fence to exist on
any premises which does not comply with the following requirements:
(1)
Maintenance of structures. Every foundation, exterior wall, roof,
window, exterior door, basement hatchway, and every other entrance
of every dwelling or nondwelling structure shall be maintained to
prevent the structure from becoming a harborage for rodents and shall
be kept in a reasonably good state of maintenance and repair.
(2)
Exterior door, basement hatchway, and every other entrance of every
dwelling or nondwelling structure shall be maintained to prevent the
structure from becoming a harborage for rodents and shall be kept
in a reasonably good state of maintenance and repair.
(3)
Maintenance of fences. Every fence shall be kept in a reasonably
good state of repair or shall be removed.
(4)
Pest control. Every premises shall be maintained to prevent it becoming
a harborage for rodents and insect pests. Whenever infestation with
rodents or pests exists in any premises upon which no dwelling or
nondwelling structures are located, extermination thereof shall be
the responsibility of the owner.
[Amended at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III)]
D.
General cleanliness. There shall be no accumulation or storage of
junk, wood, brick, cement block or other unsightly debris, automobile
parts, truck parts, tractors, refrigerators, furnaces, appliances,
machinery or parts thereof which tends to depreciate property values
or create a nuisance or hazard on any lot or parcel of land within
the City, except as may be allowed by permit approved by the Council,
or except when such materials are properly housed out of public view.
E.
Open off-street storage of automobiles, trucks, all-terrain vehicles,
boats, motorcycles, snowmobiles and utility trailers are permitted
in the rear and interior side yards of any lot used primarily for
residential purposes, provided such items are owned by the property
owner or occupants of the premises. See §§ 8-4-3 and
8-4-4 for regulations related to storage on private property of dismantled,
wrecked, unregistered, unlicensed, inoperable or abandoned vehicles.
F.
Rummage/garage sales.
(1)
Rummage/garage sales at any residential location shall be limited
to no more than two events per calendar year, with no one event exceeding
four consecutive days of operation. A permit is not required.
(2)
Rummage/garage sale signs. One temporary rummage/garage sale sign
per lot, with the owner's permission, provided such sign is not
erected more than 24 hours prior to the sale and is removed when the
sale is over, but in no case to exceed 96 hours after the start of
a sale. Rummage/garage sale signs shall not exceed three feet in height
and shall not exceed six square feet in area.
A.
Whenever the Chief of Police, the Chief of the Fire Department, the
Building Inspector, the Zoning Administrator or the Health Officer
determines that there are reasonable grounds to believe that there
has been a violation of any provision which affects the safety of
any occupants or the safety of the general public, he shall give notice
of such alleged violation to the person therefor and to any known
agent as provided herein.
B.
The notice shall:
(1)
Be in writing.
(2)
Include the reasons it is being issued.
(3)
Allow a reasonable time for the performance of any act required.
(4)
Be served upon the owner, his agent or the occupant, provided the
notice shall be deemed to be properly served upon the owner, agent
or occupant if a copy is served upon him personally, sent by certified
mail to his last-known address or if a copy thereof is posted in a
conspicuous place on the premises affected by the notice, or if he
is served with such notice by any other method authorized or required
under state law.
(5)
The notice shall contain an outline of remedial action which, if
taken, will effect compliance with the provisions of this chapter.
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 § 9-6-2:
A.
Adulterated
food. All decayed, harmfully adulterated or unwholesome food or drink
sold or offered for sale to the public.
B.
Air pollution.
The emission or escape into the open air of such quantities of smoke,
ash, dust, soot, cinders, acid or other fumes, dirt or other material
or noxious gases in such place or manner as to cause injury, detriment
or nuisance to any appreciable number of persons within the City.
C.
Breeding
places for vermin, etc. Accumulation of decayed animal or vegetable
matter, trash, rubbish, rotting lumber, bedding, paving materials,
scrap metal or any material whatsoever in which flies, mosquitoes,
disease-carrying insects, rats or other vermin may breed.
D.
Dust, fly
ash or smoke. See Wisconsin Administrative Code provisions for dust,
fly ash or smoke.
E.
Noxious
odors, etc. Any use of property, substances or things within the City
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 City.
F.
Noxious
weeds. All noxious weeds as described in § 9-3-4 of the
Municipal Code and other rank growth of vegetation.
G.
Privy vaults
and garbage cans. Privy vaults and garbage cans which are not flytight.
H.
Stagnant
water. All stagnant water in which mosquitoes, flies or other insects
can multiply.
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 City.
J.
Unburied
carcasses. 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.
K.
Vibration,
odor, heat, glare, radioactivity, toxic or noxious matter. No effect
beyond lot lines of any vibration, odor, heat, glare, radioactivity,
toxic or noxious matter shall be permitted in such quantity as to
be detrimental to or endanger the public health, safety, comfort,
or welfare, or cause injury or damage to property or business.
L.
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.
The following acts, omissions, places, conditions and things
are hereby specifically declared to be public nuisances affecting
peace and safety, but such enumeration shall not be construed to exclude
other nuisances affecting peace or safety coming within the definition
of § 9-6-2;
A.
Signs, billboards, etc. All signs and billboards, awnings or 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 City relating
to materials and manner of construction of buildings and structures
within the City.
C.
Unauthorized traffic signs. All unauthorized signs, signals, marking
or devices placed or maintained upon or in view of any public highway
or railway crossing which purport to be or may be mistaken as an official
traffic control device, railroad sign or signal or which because of
its color, location, brilliance or manner of operation interferes
with the effectiveness of any such device, sign or signal.
D.
Dilapidated structures. All buildings or structures so old, dilapidated
or out of repair as to be dangerous, unsafe, unsanitary or otherwise
unfit for human use, and all buildings or structures which do not
comply with the provisions of the Code.
E.
Obstructions of streets and 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 City 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.
F.
Flammable liquids. Repeated or continuous violations of the ordinances
of the City or laws of the State of Wisconsin relating to the storage
of flammable liquids.
G.
Open cisterns, wells, basements or other dangerous excavations prohibited.
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 fenced in such manner as to prevent injury to any person,
and any cover shall be of a design, size and weight that the same
cannot be removed by small children.
H.
Abandoned refrigerators prohibited. 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 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 agent and is securely locked or fastened.
A.
Enforcement. The Chief of Police, the Chief of the Fire Department,
the Building Inspector, the Zoning Administrator and Health Officer
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 this section to abate
a public nuisance unless the officer shall have inspected or caused
to be inspected the premises where the nuisance is alleged to exist
and have satisfied himself that a nuisance does in fact exist.
B.
Summary abatement. If the inspecting officer shall determine that
a public nuisance exists within the City and that there is great and
immediate danger to the health, safety, peace, morals or decency,
the City Manager may direct the proper officer to 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.
C.
Abatement after notice. 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 serve notice on 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 proper officer shall cause the nuisances to be removed as provided in Subsection B above.
D.
Other methods not excluded. Nothing in this chapter shall be construed
as prohibiting the abatement of public nuisances by the City or its
officials in accordance with the laws of the State of Wisconsin.
E.
Court order. Except when necessary under Subsection B, 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.
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 City
shall be collected as a debt from the owner, occupant or person causing,
permitting or maintaining the nuisance, and if notice to abate the
nuisance has been given to the owner, such cost shall be assessed
against the real estate as a special charge.
