City of Two Rivers, WI
Manitowoc County
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Table of Contents
Table of Contents
[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.
C. 
To exterminate in the following cases:
(1) 
Single dwelling. Extermination of any insects, rodents or other pests therein or on premises.
(2) 
Multiple unit. Extermination of any insects, rodents or other pests if his unit is the only unit infested.
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.
Any person who shall violate any provision of this chapter or permit or cause a public nuisance shall be subject to the general penalty provisions of this Municipal Code.[1]
[1]
Editor's Note: See Ch. 1-1, Art. II, General Penalty.