No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the City of New Lisbon.
A.
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:
(1)
Adulterated food. All decayed, harmfully adulterated or unwholesome
food or drink sold or offered for sale to the public.
(2)
Air pollution. The escape of smoke, soot, cinders, noxious acids,
fumes, gases, fly ash or industrial dust within the City 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.
(3)
Animals at large. All animals running at large.
(4)
Animal carcasses. Carcasses of animals not intended for human consumption
or food which are not buried or otherwise disposed of in a sanitary
manner within 24 hours after death in accordance with the requirements
of this chapter.
(5)
Breeding places for vermin, rodents, or undesirable wildlife. Accumulations
of decayed animal or vegetable matter, refuse, rotting lumber, bedding,
packing material, scrap metal or any material whatsoever in which
flies, mosquitoes, disease-carrying insects, rats, or other vermin
may breed.
(6)
Compost. Any compost or any container holding compost which does
not comply with the provisions of this chapter.
(7)
Junked motor vehicles, vehicle parts or tires, or appliances stored
unenclosed outside of a building upon private residential property
or outside an industrial or commercial property for a period exceeding
10 days.
(a)
Exceptions. The following are excepted from Subsection A(7), above:
[1]
Items which are owned by, or registered to, and used in connection
with an authorized business enterprise located in a properly zoned
area and maintained in such a manner as not to constitute a public
nuisance.
[2]
Vehicles being used or worked on in connection with an authorized
automotive repair business located in a properly zoned area and maintained
in such a manner as not to constitute a public nuisance.
(b)
If a vehicle, vehicle part or tire, or appliance, is not removed within 20 days after issuance of a citation, the Chief of Police may do any or all of the following in addition to the procedures under § 375-19 of this Code:
(c)
Any cost incurred in the removal and sale of said vehicle or
appliance shall be recovered from the owner. However, if the owner
of the vehicle or appliance cannot readily be found, the cost of such
removal shall be charged to the property from which it is removed,
which charges shall be entered as a special charge on the tax roll.
(d)
Each motor vehicle or appliance involved shall constitute a
separate nuisance.
(8)
Disassembled, inoperable, or junked farm machinery kept or stored
outside upon property zoned agricultural for a period exceeding 30
days.
(a)
Extension. A one-time thirty-day storage extension may be granted
by the Common Council.
(9)
Garbage cans. Garbage cans which are not fly-tight.
(10)
Natural lawns. Lawns, grasses, and noxious weeds on nonagricultural lots or parcels of land, as classified under Chapter 520, Zoning, of this Code, which exceed eight inches in length. Natural lawns containing litter or debris or harboring undesirable wildlife shall be considered a public nuisance, regardless of the exception, below.
(a)
Exception. Property located in a designated floodplain area
and/or wetland area or where the lawn, grass, or weed is part of a
natural lawn approved or permitted by this chapter is excepted from
being considered a nuisance.
(11)
Noxious odors, etc. Any use of property, substances or things
within the City or within four miles thereof 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 City.
(12)
Noxious weeds. All noxious weeds and other rank growth of vegetation.
(13)
Potentially polluting substances. Any pollutants not stored
in accordance with the requirements of this chapter.
(14)
Refuse. The accumulation outside of a building or accessory
structure of refuse, lumber, metal scraps, machine parts, discarded
or nonfunctioning appliances, accessories, furniture, or other material
on such property which presents a blighted appearance on the property
or which tends to decrease the value of neighboring properties.
(15)
Stagnant water. All stagnant water in which mosquitoes, flies,
or other insects can multiply.
(16)
Street pollution. Any use of property which shall cause any
pollutant to flow into or upon any street, gutter, alley, sidewalk,
or public place within the City.
(17)
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 pollutants.
(18)
Diseased and/or unsafe trees. Any tree or part thereof: a) with
a deleterious or fatal disease; b) infested by defoliating larvae;
or c) which by reason of its condition and location is hazardous or
dangerous to persons and property using or upon any public street,
sidewalk, alley, park or other public place, including the terrace
strip between the curb and lot line.
B.
Exceptions.
(1)
Nothing contained in this section shall be construed to prohibit
the depositing of refuse, rubble, junk, abandoned, outmoded or nonsalable
merchandise, or parts or unsightly materials, or things which are:
(2)
Motor vehicle or motor vehicle accessories which are:
(a)
Stored within an enclosed building; or
(b)
On the premises of a business enterprise operated in a lawful
place and manner in a properly zoned area, when necessary to the operation
of such business enterprise; or
(c)
In a storage place or depository maintained in a lawful place
and manner; or
(d)
Seasonal use vehicles, including, but not limited to, snowmobiles,
motorcycles, motor scooters, and nonmotorized campers, provided that
such vehicles are stored in compliance with the ordinances of the
City; or
(e)
Motor vehicles registered pursuant to §§ 341.265
and 341.266, Wis. Stats.
(f)
In other situations, wherein the Common Council may issue temporary
permits, permitting an extension of and not to exceed an additional
30 days' time to comply with this article, where exceptional
facts and circumstances warrant such extension.
The following 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:
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 by the ordinances of the City.
D.
Continuous violation of City ordinances. 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.
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 City.
The following 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:
A.
Abandoned refrigerators. 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.
B.
Dangerous trees. All trees which are a menace to public safety or
are the cause of substantial annoyance to the general public.
C.
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.
D.
Fireworks. All use or display of fireworks except as provided by
the laws of the State of Wisconsin and ordinances of the City.
E.
Flammable liquids. Repeated or continuous violations of the ordinances
of the City or laws of the state relating to the storage of flammable
liquids.
F.
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, unless otherwise specifically permitted within Chapter 520, Zoning, of this Code.
G.
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 City.
H.
Obstruction 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 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 which do not conform to the permit.
I.
Obstruction of intersection. 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
and intersection or pedestrian crosswalk.
J.
Open excavations. All open and unguarded pits, wells, excavations
or unused basements accessible from any public street, alley, or sidewalk.
K.
Outdoor burning heating systems. No person or business shall place
on any property within the City an outdoor burning heating system,
defined as any structure located outside a residence which burns combustible
fuel for the purpose of creating heat for any primary or accessory
structure.
L.
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.
M.
Tree limbs. All limbs of trees which project over a public sidewalk
less than 10 feet above the surface thereof and all limbs which project
over a public street less than 14 feet above the surface thereof.
O.
Unauthorized traffic signs. Any unauthorized sign, signal, marking,
or device placed or maintained upon or in view of any public highway
or railway crossing which purports 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.
P.
Wires over streets. All wires over streets, alleys, or public grounds
which are strung less than 15 feet above the surface thereof.
A.
Whenever the Police Chief determines that three or more nuisance
activities resulting in enforcement action have occurred at the premises
or within 200 feet of the premises during a twelve-month period, the
Police Chief may notify the premises owner in writing.
(1)
In calculating the requisite nuisance activities, the Police Chief
may count separate qualifying nuisance activities resulting in enforcement
action occurring on the same day (as long as they are distinct in
time) or different days but shall never count nuisance activities
that were reported by the owner or manager of the premises.
(2)
The notice shall contain:
(a)
The street address or legal description sufficient to identify
the premises;
(b)
A description of the nuisance activities that have occurred
at the premises;
(c)
A statement indicating that the cost of future enforcement may
be assessed as a special charge against the premises; and
(d)
A notice as to the appeals rights of the owner.
B.
Section 968.075, Wis. Stats., broadly defines "domestic abuse." Therefore, in reaching a determination that a premises is a chronic nuisance premises, activities that are "domestic abuse" incidents pursuant to § 968.075, Wis. Stats., shall not be included as nuisance activities unless the incidents have been reviewed by the Chief of Police and the Office of the City Attorney and a determination is made that, based upon the specific facts of each incident, the activities should be deemed nuisance activities under the definition of "nuisance activity" in § 375-1. In determining whether to include such activities, the Chief of Police and the Office of the City Attorney shall consider the strong public policy in favor of domestic victims reporting alleged abuses, and this article shall not operate to discourage such reports and shall comply with the domestic violence provisions contained in the Equal Opportunities Ordinance under §§ 39.03(4)(d)3 and 5.
C.
Delivery of notice.
(1)
The notice shall be deemed to be properly delivered if sent either
by certified mail to the property owner's last known address
or if delivered in person to the property owner.
(2)
If the property owner cannot be located, the notice shall be deemed
properly delivered if left at the property owner's usual place
of residence in the presence of a competent family member at least
14 years of age, or a competent adult currently residing there and
who shall be informed of the contents of the notice.
(3)
If a current address cannot be located, it shall be deemed sufficient
if a copy of the notice is sent by certified mail to the last known
address of the owner, as identified by the records of the tax roll.
