[HISTORY: Adopted by the Village Board of the Village of New Glarus 1-18-2000 by Ord. No. 99-14 as Title 11, Ch. 6 of the 2000 Code. Amendments noted where applicable.]
No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the Village of New Glarus.
As used in this chapter, the following terms shall have the meanings indicated:
- PUBLIC NUISANCE
- A thing, act, occupation, condition or use of property which shall continue for such length of time as to:
- A. Substantially annoy, injure or endanger the comfort, health, repose or safety of the public.
- B. In any way render the public insecure in life or in the use of property.
- C. Greatly offend the public morals or decency.
- D. Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way or the use of public property.
- E. Have a blighting influence as follows: a condition having an adverse affect on surrounding properties caused by dilapidation, deterioration, age or obsolescence, inadequate provisions for ventilation, light, air, sanitation or open spaces or the existence of conditions which endanger life or property by fire or other cause or any combination of such factors which is conducive to ill health, transmission of disease, infant mortality, delinquency and crime and is detrimental to the public health, safety, morals or welfare.
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 § 216-2:
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 foods 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, tires, 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.
Garbage cans. Garbage cans which are not flytight.
Noxious weeds. All noxious weeds and other rank growth of vegetation.
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 Village or within four miles thereof 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 Village.
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 Village.
Animals at large. All animals running at large.
Accumulations of refuse. Accumulations of old cans, lumber, elm firewood and other refuse.
Air pollution. The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash or industrial dust within the 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.
Outdoor solid-fuel heating devices. Any equipment, device or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space or water source.
[Added 4-18-2006 by Ord. No. 06-02]
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 § 216-2:
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, except as permitted by state law.
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 Village.
Continuous violation of Village ordinances. Any place or premises within the Village where Village 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 Village.
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 § 216-2:
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.
Illegal buildings. All buildings erected, repaired or altered in violation of the provisions of the ordinances of the Village relating to materials and manner of construction of buildings and structures within the Village.
Unauthorized traffic signs. All unauthorized signs, signals, markings 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 their color, location, brilliance or manner of operation, interfere with the effectiveness of any such device, sign or signal.
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 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.
Dangerous trees. All trees which are a menace to public safety or are the cause of substantial annoyance to the general public.
Fireworks. All use or display of fireworks except as provided by the laws of the State of Wisconsin and ordinances of the Village.
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.
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 Village.
Obstructions 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 Village, 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.
Open excavations. All open and unguarded pits, wells, excavations or unused basements accessible from any public street, alley or sidewalk.
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.
Flammable liquids. Repeated or continuous violations of the ordinances of the Village or laws of the state relating to the storage of flammable liquids.
Unremoved snow. All snow and ice not removed or sprinkled with ashes, sawdust, sand or other chemical removers, as provided in this Code.
[Added 5-18-2004 by Ord. No. 04-03]
Findings and declaration of policy. It is hereby found and declared that there exist, in the Village, structures used for residential and nonresidential use which are, or may become in the future, substandard with respect to structure, equipment or maintenance or, further, that such conditions, including but not limited to structural deterioration; lack of maintenance and appearance of exterior of premises; infestation and existence of fire hazards, constitute a menace to the health, safety, morals, welfare and reasonable comfort of the citizens of the Village. It is further found and declared that, by reason of lack of maintenance and because of progressive deterioration, certain properties have the further effect of creating blighting conditions and initiating slums, and that, if the same are not curtailed and removed, these conditions will grow and spread and will necessitate the expenditure of large amounts of public funds to correct and eliminate such conditions, that by reason of timely regulations and restrictions contained in this code, the desirability and amenities of residential and nonresidential uses and neighborhoods may be enhanced and the public health and safety and welfare protected and fostered.
Purpose. The purpose of this section is to protect the public health, safety, morals and welfare by establishing minimum standards governing the maintenance, appearance and condition of residential and nonresidential premises; to fix certain responsibilities and duties upon owners and operators and distinct and separate responsibilities and duties upon occupants; to authorize and establish procedures for the inspection of residential and nonresidential premises; and to provide for the repair, demolition or vacation of premises unfit for human habitation, occupancy or use.
Definitions. The following words or terms, wherever used herein or referred to in this section, shall have the respective meanings assigned to them unless a different meaning clearly appears from the context:
- BLIGHTING INFLUENCE
- Any condition on a premises that detracts from the aesthetic appeal of the premises and neighboring property caused by the owner's failure to maintain the property in a reasonable condition similar to other properties in the neighborhood.
- The condition of a building or part thereof characterized by holes, breaks, rot, crumbling, peeling, rusting, or other evidence of physical decay or neglect, lack of maintenance or excessive use. All exterior wood and composition surfaces shall be properly protected from the elements and against decay by paint, stain, or other protective coating applied in a workmanlike manner.
- Any element, whether created by nature or by man, which with reasonable forseeability could carry litter from one place to another. Elements shall include, but not be limited to, air current, rain, water current and animals.
- EXPOSED TO PUBLIC VIEW
- Any premises, or any other part thereof, or any building, or any part thereof which may be viewed by the public.
- EXTERIOR OF PREMISES
- Open space on the premises outside of any building thereon.
- The control and elimination of insects, rodents and vermin.
- Decayed and decomposed animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
- The presence of insects, rodents, vermin or other pests on the premises which constitutes a health hazard.
- Includes any uncontainerized man-made or man-used waste which, if deposited within the Village otherwise than in a litter receptacle, tends to create a danger to public health, safety, and welfare or to impair the environment of the citizens of the Village. Litter may include, but is not limited to, any garbage, trash, refuse, confetti, debris, grass clippings or other lawn or garden waste, newspaper, magazine, glass, metal, plastic or paper container or other construction material of any kind or any object likely to injure any person or create a traffic hazard.
- MIXED OCCUPANCY
- Any building containing one or more dwelling units or rooming units and also having a portion thereof devoted to nondwelling uses.
- Any public nuisance as defined by statute or this chapter. Physical conditions dangerous to human life or detrimental to the health of persons on or near the premises where the conditions exist.
- Any person who alone or jointly or severally with others shall have legal or equitable title to any premises, with or without accompanying actual possession thereof. Any person who is a lessee subletting or reassigning any part or all of any dwelling or dwelling unit shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by said lessee.
- A lot, plot or parcel of land, including the buildings or structures thereon.
- All decayed and decomposed solid waste, except body wastes, including but not limited to garbage, rubbish, ashes, dead animals, abandoned automobiles and solid wastes
- Solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
Duties and responsibilities of owners and operators:
Maintenance of exterior of premises. The exterior of the premises and all structures thereon shall be kept free of all nuisances and any hazards to the safety of the occupant, pedestrians and other persons utilizing the premises and free of unsanitary conditions, and any of the foregoing shall be promptly removed and abated by the owner or operator. It shall be the duty of the owner or operator to keep the premises free of hazards which include, but are not limited to, the following:
Refuse, such as brush, weeds, broken glass, stumps, obnoxious growths, filth, garbage, trash and debris.
Natural growth, such as dead and dying trees and limbs, or other natural growth which by reason of rotting or deterioring conditions or storm damage constitute a hazard to persons in the vicinity. Trees shall be kept pruned and trimmed to prevent such conditions.
Overhangs, such as loose and other hanging objects, which, by reason of location above ground level, constitute a danger of falling on the persons in the vicinity.
Sources of infestation.
The exterior of the premises, the exterior of structures and the condition of accessory structures shall be maintained so the appearance of the premises and structures shall not constitute a blighting factor. Excess accumulation of usable personal property stored outside a structure, even though not technically refuse, rubbish or garbage, may create a blighting influence.
The exterior of the premises, the exterior of structures and the condition of accessory structures shall be maintained so the appearance of the premises and structures shall not constitute a blighting factor.
Storage of commercial and industrial material. There shall not be stored or used at a location visible from the sidewalk, street or other public areas, equipment and materials relating to commercial or industrial use, unless permitted by the Village.
General maintenance. The exterior of every commercial structure or accessory structure, except accessory farm structures, including fences or enclosures, shall be maintained in good repair. The same shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint, loose boards or other conditions reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved, safety and fire hazards eliminated; and adjoining properties protected from blighting influences.
Notice to owner. If the inspecting officer determines that a public nuisance exists within the Village and that there is a danger to public health, safety, peace, morals or decency, notice may be served by the inspecting officer or an authorized deputy on the person causing, maintaining or permitting such nuisance or on the owner or occupant of the premises where such nuisance is caused, maintained or permitted, and a copy of such notice shall be posted on the premises. Such 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 Village 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.
Abatement by Village. 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.
Abatement by court action. If the inspecting officer determines 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, the inspecting officer shall file a written report of such findings with the Village President, who, upon direction of the Village Board, shall cause an action to abate such nuisance to be commenced in the name of the Village in the Green County Circuit Court in accordance with the provisions of Ch. 823, Wis. Stats.
[Amended 7-1-2003 by Ord. No. 03-04]
Court order. Except where necessary under Subsection A, an officer hereunder 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 the public nuisance.
Other methods not excluded. Nothing in this chapter shall be construed as prohibiting the abatement of public nuisances by the Village or its officials in accordance with the laws of the State of Wisconsin.
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 Village 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.
Enforcement. The Chief of Police, Fire Chief, 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 and inspections upon complaint to ensure that such provisions are not violated. No action shall be taken under § 216-6 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.