(A) Any act of any person or group within the town whereby the health or life of any person may be endangered, injured or impaired, or any disease may, directly or indirectly, be caused by the act, or because of the act any property may be endangered, injured or damaged, or any condition or use of the premises of building exteriors which is detrimental to the property of others or which causes or tends to cause substantial diminution in the value of other property in the neighborhood in which the premises are located is hereby declared to be a nuisance and unlawful.
(B) Nuisances also include, but are not limited to the keeping or depositing on or scattering over the premises of any of the following:
(1) Lumber, junk, trash, waste, garbage or debris;
(2) Abandoned, discarded or unused objects or equipment such as, but not limited to furniture, stoves, refrigerators, freezers, cans or containers;
(3) Permitting pools of water or other liquids to accumulate and remain upon the premises so as to become stagnant, foul to attract undesirable insects, or to be of unsightly appearance;
(4) The maintenance of any of the above objects or similar objects upon the premises so as to cause the premises to be unsanitary or a fire menace by allowing any offensive or unsafe matter including, but not limited to weeds to grow, accumulate or otherwise occupy or remain upon the premises;
(5) The maintenance of any objects or condition on the premises, other than excluded areas, which will attract, harbor or encourage the breeding of rats, snakes, bees or other vermin;
(6) The use of any premises within the town or the maintenance of activity within the town which is contrary to any town ordinance or the Town Zoning Ordinance, which Ordinance is incorporated fully herein by this reference;
(7) Any owner, lessor, or possessor of any premises who keeps or maintains the premises in a manner causing substantial diminution in the value of other property in the neighborhood by visual pollution or otherwise;
(8) Abandoned or unused automobiles, automobile parts or used tires on residential real estate; and/or
(9) Nuisances shall include structures defaced with paint or wording, including graffiti.
(C) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GRAFFITI. Marking of any kind, regardless of content, that may cause or do cause passers-by to obstruct, delay, or disturb the regular flow of traffic (whether pedestrian or automobile), thereby creating a potential threat to the health, safety, and welfare of citizens or property. Markings are defined
as any markings that deface, deform, mar, or which cause the defacing, deforming, or marring of any public or private property, regardless of ownership or possessory interest therein, including by way of illustration and not limitation, building, trees, lampposts, poles, hydrants, bridges, piers, sidewalks, streets, alley ways, or surface of any public or private property located upon any public thoroughfare or right-of-way, or upon any public place within the town. However, this section shall not prohibit the posting of notices required by law to be posted.
PROPERTY OWNER. The person, entity or organization who is responsible for payment of taxes on the real estate as shown on public record at the County Recorder's Office, and/or the person, entity or organization occupying the property, and/or the holder of legal title, and/or a person, entity or organization having control over the property as the personal representative, trustee, receiver or guardian of the owner.
(D) Notice of violations. Upon a determination that a public nuisance exists in violation of this § 94.15, the town shall forward written notification to the property owner. Such notice shall be served in writing by certified mail, or personally by a law enforcement officer. The notice shall provide that within ten calendar days after the receipt of the notice, that the designated violation shall be removed by the property owner.
(E) The storage of any motor vehicle on any residential real estate which shall not have tires in good operating condition, or not have each of its wheels, or be in inoperable condition or not have a current valid license plate, shall be prima facie evidence of the maintenance of a nuisance.
(F) The Town Marshal or his or her designee is hereby authorized to issue a written demand to the owner, occupant, agent or person in possession of the premises on which any nuisance is found, notifying the person to remove the nuisance from the premises within ten days after receipt of the notice (seven days for environmental public nuisance). If the owners or possessors fail to abate the nuisance, then the town may remove the nuisance to a location of its selection, the expenses thereof to be billed to the owners or possessors, jointly and severally, the bill to be recoverable as a lien or in a suit at law, together with attorney’s fees, court costs, and other associated cost of litigation at the option of the town.
(G) The owner of any object or material placed or remaining anywhere in violation of this chapter, and the occupant and owner of any premises, as shown by the records of the County Recorder, shall be deemed prima facie responsible for the violation of this chapter and subject to the penalty provided.
(H) If the owners or possessors fail to abate the nuisance, then the town may cure or remove the nuisance, and the expenses therefor shall be billed to the property owner. In the event the property owner fails to pay said bill within 30 days, then the town may bring suit therefor, and recover attorney fees and court costs, and other associated costs of litigation necessary to collect said sums.
(I) The owner of any object or material placed or remaining anywhere in violation of this section and the property owner shall be deemed prima facie responsible for the violation of this section and subject to the penalty provided therefor.
(J) Penalty. Any person, firm or entity violating any provision of this section shall be subject to a fine of not less than $50, nor more than $250, provided however, that the person, firm or entity may settle or compromise a claim against him, her, or them for such violation by paying to the Ordinance Violation Bureau of the town the sum of $20 for each such violation within ten days of the time of the alleged offenses. Each day that such violation shall occur shall constitute a separate violation for which the person, firm or entity shall be subject to a fine.
(Ord. 1370-8-99, passed 8-11-1999; Am. Ord. 1423-8-03, passed 8-13-2003; Am. Ord. 1442-8-05, passed 8-10-2005; Am. Ord. 1498-07-10, passed 7-21-2010)
Cross-reference:
Abandoned vehicle regulations, see § 90.01