A violation (other than the failure to pay sewer
service charges or other fees or costs due under this Part 2) of any
provision of this Part 2 or any other rule or order of the Commission
or Village is hereby declared to be a public nuisance.
No person shall maliciously, willfully or negligently
break, damage, destroy, uncover, deface or tamper with any structure
or equipment which is a part of the sewerage system. Any person violating
this provision may be subject to a charge of disorderly conduct.
The Commission or Village shall have the right to enforce the provisions of this Part 2 and shall make periodic inspections and inspections upon complaint to ensure that such provisions are not violated. No action shall be taken under this article to abate a public nuisance unless the Commission or Village shall have inspected or caused to be inspected the premises where the nuisance is alleged to exist and shall have satisfied itself that a nuisance does in fact exist.
If the Commission or Village determines that
a public nuisance exists within the Village and that there is great
and immediate danger to the public health, safety or welfare, the
Commission or Village may 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.
If the Commission or Village determines that a public nuisance exists on the private premises but that the nature of such nuisance is not such as to present great and immediate danger to the public health, safety or welfare, the Commission or Village shall serve notice to 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 Commission or Village shall cause the nuisances to be removed as provided in § 312-74.
Nothing in this Part 2 shall be construed as
prohibiting the abatement of public nuisances by the Commission or
the Village or its officials in accordance with the laws of the State
of Wisconsin.
Except when necessary under § 312-74, the Commission or Village shall not 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 public nuisance.
In addition to any other penalty imposed by
this Part 2 for the erection, contrivance, creation, continuance or
maintenance of a public nuisance, the cost of abating a public nuisance
by the Commission or Village shall be collected as a debt from the
owner, occupant or person causing, permitting or maintaining the nuisance,
and such cost shall be assessed against the real estate as a special
charge. For purposes hereof, costs shall include but not be limited
to actual attorney fees and court costs.
Any person who shall continue any violation
beyond the time limit provided shall forfeit not less than $500 nor
more than $1,000 together with the costs of prosecution. In default
of payment of such forfeiture and costs, said violator shall be imprisoned
in the Dane County Jail for a period of not to exceed 30 days. Each
day in which any violation is continued beyond the aforesaid notice
time limit shall be deemed a separate offense.
Any person violating any provision of this Part
2 shall become liable to the Village for any expense, loss or damage
occasioned by reason of such violation which the Village may suffer
as a result thereof. If any violations affect the MMSD wastewater
collection and treatment facilities as well as the Village's sanitary
sewer system, MMSD may penalize the violator independently and/or
concurrently with the Village according to the MMSD Ordinance.
Any person found to be responsible for accidentally
allowing a deleterious discharge into the sewerage system which causes
damage to the sewerage system and/or a receiving body of water (e.g.,
lake, river, stream, etc.) shall, in addition to a fine, pay the amount
to cover all damages, both of which will be determined by the Commission
or Village or other governmental authority having appropriate jurisdiction.
Any person responsible for an accidental discharge
that may have a detrimental impact on the sewerage system shall immediately
report the nature and amount of the discharge to the Village and Commission
and MMSD.
Any person violating any provision of this Part
2 shall become liable to the Commission for any expense, attorney
fees, costs, engineering fees, loss or damage occasioned by reason
of such violation which the Commission may suffer as a result thereof.
The Commission shall have the right of recovery from all such persons
of any expense incurred by the Commission for the repair or replacement
of any part of the public sewerage system damaged in any manner by
any person by the performance of any work under its control or by
any negligent acts.
