[HISTORY: Adopted by the Common Council of the City of New Berlin 10-10-2000 by Ord. No. 2124 as Secs. 9.16, 9.17, 10.01 through 10.05, 10.07, 10.08 and 10.15 of the Municipal Code. Amendments noted where applicable.]
Fire prevention — See Ch. 124.
Hazardous waste — See Ch. 133.
Health and sanitation — See Ch. 137.
Noise — See Ch. 171.
Peace and good order — See Ch. 188.
Abandoned and obsolete property — See Ch. 198.
Property maintenance — See Ch. 201.
Solid waste — See Ch. 220.
Abandoned and junked vehicles — See Ch. 258.
No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the city.
A public nuisance is a thing, act, occupation, condition or use of property which shall continue for such length of time as to:
Substantially annoy, injure or endanger the comfort, health, repose or safety of the public;
In any way render the public insecure in life or in the use of property;
Greatly offend the public morals or decency;
Unlawfully and substantially interfere with, obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way or the use of public property.
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 § 175-2:
Adulterated food. All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public.
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.
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.
Stagnant water. All stagnant water in which mosquitoes, flies or other insects can multiply.
Privy vaults and garbage cans. Privy vaults and garbage cans which are not fly-tight.
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.
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 senses of ordinary persons which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons within the city.
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.
Long grass and general ground cover. Any long grasses, grass, or deleterious, unhealthful growth, or other noxious weeds, of eight inches or longer, that may be growing, lying or located on any lot, place or area, or upon any sidewalk abutting the same, within the City.
[Added 4-10-2012 by Ord. No. 2482]
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 § 175-2:
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.
Gambling devices. All gambling devices and slot machines.
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.
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.
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 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 § 175-2:
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.
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.
Tree limbs. All limbs of trees which project over and less than 14 feet above any public sidewalk or street or less than 10 feet over any other public place.
Dangerous trees. All trees which are a menace to public safety.
Wires over streets. All wires over streets, alleys, or public grounds which are strung less than 15 feet above the surface thereof.
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.
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.
Unlawful assembly. Any unauthorized or unlawful use of property abutting on a public street, alley or sidewalk, or of a public street, alley or sidewalk which causes large crowds of people to gather, obstructing traffic and free use of the streets or sidewalks.
Flammable liquids. Repeated or continuous violations of the ordinances of the city or laws of the state relating to the storage of flammable liquids.
Unlicensed traps. Any unlicensed trap, snare, spring gun, set gun, net or other device which might entrap, ensnare or kill game, or any trap without a metal tag attached as required by law.
Any structure, including buildings, which have remained vacant, abandoned or unrepaired for such a period of time as to suffer damage, destruction in whole or in part, the defacing thereof as reported by citizen complaint or reflected in police report, permitting the entry or presence of minors or other trespassers upon the site, shall be considered a nuisance hereunder.
The office of the Chief Building Inspector shall, upon determining such structure or building exists, provide a written notice to the owner mailed to the address of the owner as indicated on the last property tax bill and any last known address, if different. Such notice shall be sent both with a return receipt and by first class mail. The notice shall describe all deficiencies respecting the vacant or abandoned building or structure, describe what actions are necessary to correct such deficiencies and give the owner a reasonable period of time, but not less than 14 days, to repair the same. Such notice shall further advise the owner that if the required corrections and securing of the property from entry is not made within the prescribed period, the city will secure the property and the cost thereof will be placed as a lien upon the property by adding such amount as an additional charge to the real estate taxes for such property.
If the owner does not comply with the requirements of the notice, the Chief Building Inspector shall obtain such corrective work as required by the notice, forwarding a statement relative to the cost thereof to the Director of Finance and Administration, who shall place such cost on the real estate tax bill as an additional charge for the year in which such statement was received.
[Amended 7-23-2002 by Ord. No. 2180]
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 fastened 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.
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 the door or lid, snap lock or other locking device from the 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.
Enforcement. The Chief of Police, Chief of the Fire Department, Chief Building Inspector, Director of Building, Inspection and Zoning or his designee 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 shall have satisfied himself that a nuisance does in fact exist.
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 public health, safety, peace, morals or decency, the Mayor 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.
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.
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.
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.