The Common Council may make reasonable and general rules for the enforcement of the provisions of this chapter and for the prevention of the creation of health nuisances and the protection of the public health and welfare and may, where appropriate, require the issuance of licenses and permits. All such regulations shall have the same effect as ordinances, and any person violating any of such regulations and any lawful order of the Common Council shall be subject to the general penalty provided for in § 1-4 of this Code.
A. 
Enforcement. The 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 with the consent of the owner or occupant and may make inspections upon complaint and after applying for and receiving a warrant from the circuit court for such inspection if consent to inspect is refused, pursuant to Wis. Stat. § 66.0119, to ensure that such provisions are not violated.
(1) 
No action shall be taken 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.
B. 
Notice. Upon determination by a City Officer of a violation on any premises, the City shall notify the owner and, if different from the owner, the occupant of the premises of such violation.
(1) 
The notice shall specify the nature of the violation, the required correction and a reasonable time, not to exceed 30 days, to correct the violation.
(2) 
The notice shall be served upon the person or persons named personally; by certified mail addressed, postage paid, to the last known address of such person or persons; or by posting to the main door of a building on the property.
(3) 
The person so notified shall have the right to appeal the decision of the City Officer to the Common Council within 30 days of the date of notice.
C. 
Expedited enforcement. Whenever a City Officer shall, upon inspection of any premises, find that there is deposited, placed, stored or remaining on said premises any nuisance which presents a risk of clogging or blocking a sewer system, or any other unhealthy hazardous or unsightly materials which create a fire or health hazard or which are detrimental to the appearance, neatness, and cleanliness of the immediate neighborhood or the City of New Lisbon in general, such as refuse, such official shall issue his/her written order to the owner and/or occupant of the premises to remove said nuisance under this section if said nuisance is not a present danger but is likely to cause further damage or additional nuisance in fewer than 30 days.
(1) 
Order. Said written order shall provide that such removal shall be accomplished within 10 days after service of said order upon the owner or occupant of the premises involved. Such written order, in addition to specifying and describing the material or things to be removed, shall also set forth on the face thereof the method of appeal under this section.
(2) 
Service. Said order shall be served by posting on the door of the premises, personal service on the owner or occupant, or by certified mail to the last known address of the owner of the premises.
(3) 
Prosecution of violators under this section shall not preclude other enforcement actions allowed by law, including other actions under this Code of Ordinances.
(4) 
Appeal. Any person feeling aggrieved by any order of a City official under this section may, within 10 days from the date of receipt of such order, appeal such order to the Common Council.
(5) 
Nonconforming uses. It shall not be a defense to the provisions of this section that the owner or occupant of the premises involved has a nonconforming use under the provisions of Chapter 520, Zoning, of this Code, but the provisions of this section shall be complied with notwithstanding that the owner or occupant of any given premises is using or occupying such premises under a valid nonconforming use.
D. 
Summary abatement. If the inspecting officer determines that a public nuisance exists within the City and that there is a present danger to public health, safety, peace, morals, or decency:
(1) 
Notice to owner.
(a) 
Notice shall be clearly posted on the main door of the premises, or another obvious location if no such door exists, and may be served by the inspecting officer or an authorized deputy either on the person causing, maintaining, or permitting such nuisance or on the owner or occupant of the premises by personal service or by certified mail.
(b) 
Notice shall direct the person causing, maintaining or permitting such nuisance, or the owner or occupant of the premises, to abate or remove such nuisance within a period not less than 24 hours or greater than seven days and shall state that unless such nuisance is so abated, the City will cause the same to be abated and will charge the cost thereof to the owner, occupant or person causing, maintaining or permitting the nuisance, as the case may be.
(2) 
Abatement by City. 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.
E. 
Court action. If, upon expiration of the time given for correction of a violation and time for any appeal thereof, such correction is not made, a City Officer shall file an action in the name of the City in the Circuit Court for Juneau County, Wisconsin, in accordance with the provisions of Ch. 823, Wis. Stats., as amended from time to time.
F. 
Penalties.
(1) 
General penalty. Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-4 of this Code.
(2) 
Costs. 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, including any legal fees and attorney fees, 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.
G. 
Other methods not excluded. Nothing in this article 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.
A. 
Any owner receiving notice due to a chronic nuisance premises shall meet with the Chief of Police, or his/her designee, within seven business days of receipt of such notice.
B. 
The parties shall review the problems occurring at the property and agree upon an abatement plan to end the nuisance activity on the property.
(1) 
The plan shall specify a name, address, and telephone number of a person living within 60 miles of the property who can be contacted in the event of further police, fire, or inspection contact.
C. 
The public nuisance created by a chronic nuisance premises shall be deemed abated when no enforcement action to address nuisance activities occurs and there are no police, building, health, or fire inspection cases generated for a period of 90 days from the date stated on the notice declaring the premises a chronic nuisance premises.
D. 
Whenever the Chief of Police determines that additional nuisance activity has occurred at a premises not less than 15 business days after notice has been issued according to § 375-19, above, and that reasonable efforts have not been made to abate the nuisance activity, the Chief of Police may calculate the cost of response and enforcement, by Town personnel, for this and any subsequent nuisance activities. He/she shall also cause such charges and administrative costs to be assessed against the premises as a fee for current service authorized by Wis. Stats. §§ 61.34 and 66.0628 and collected as a special charge which the Town may impose as a lien against the real estate upon which the premises is located.
E. 
Each subsequent nuisance activity shall be deemed a separate violation.
F. 
Appeal of the determination of the Chief of Police pursuant to either the notice, abatement plan, or the levying of special charges may be made solely to the City Council by requesting a hearing. The notice of appeal must be in writing and submitted to the City Council in care of the City Mayor with a copy submitted to the Chief of Police.
G. 
Chapter 68 of the Wisconsin Statutes does not apply to actions related to chronic nuisance premises.
H. 
Any person who shall violate any provision of this article shall be penalized pursuant to § 375-19.
I. 
The City may pursue injunctive relief against the owner in the Circuit Court for Juneau County.
A. 
It shall be unlawful for a landlord to terminate the lease agreement or periodic tenancy of any tenant or otherwise retaliate against any tenant because that tenant complained to the City of New Lisbon or any other agency about nuisance activities on the landlord's premises.
B. 
It shall be unlawful for a landlord, or any person acting as an agent for the landlord, to intimidate or actively discourage a tenant and/or person associated with a tenant from calling the police to report nuisance activity associated with a premises.
C. 
It shall be presumed that any attempt to increase charges, reduce services, or to otherwise harass or retaliate against the tenant during the twelve-month period following receipt of the complaint by the City of New Lisbon or any other agency constitutes unlawful retaliation under this subsection.
(1) 
Such presumption shall be rebutted by the preponderance of evidence that the actions taken by the landlord were based upon good cause.
D. 
Notwithstanding the foregoing, a tenant's lease agreement or periodic tenancy may be terminated for:
(1) 
A failure to pay rent;
(2) 
Committing nuisance activity as defined in § 375-1;
(3) 
For the commission of waste upon the premises;
(4) 
Violating the terms and conditions of the lease agreement or periodic tenancy; or
(5) 
As otherwise provided in Chapter 704, Wis. Stats., and Ch. Ag. 134, Wis. Admin. Code.
E. 
A landlord's failure to renew a lease agreement or periodic tenancy upon expiration of such lease agreement or periodic tenancy shall not be deemed a violation of this subsection.
F. 
"Good cause," as used in this section, means that a landlord must show good cause for his or her actions, other than one related to or caused by the operation of this section.
G. 
Penalty. Any person who shall violate any provision of this article shall be penalized pursuant to § 1-4, City of New Lisbon Municipal Code.
H. 
All legal costs and attorneys' fees incurred by the City for enforcement of this article, pursuant to any remedy available, shall be payable to the City by the owner of the premises. Judgment for such obligations may be obtained by the City in either the Small Claims Court or Circuit Court for Juneau County.
Nothing in this article shall be construed as prohibiting the abatement of a public nuisance by the City of New Lisbon or its officials in accordance with the laws of the State of Wisconsin or City ordinances.