(a) Purpose. No person, company or corporation shall erect, contrive, cause, continue, maintain or permit to exist any public health or safety hazard within the Village of Edgar. The Village Board, acting as the Board of Health, shall abate health nuisances pursuant to Ch. 823, Wis. Stats., which is adopted by reference and made part of this Section, or pursuant to the procedures of this Section, Sec. 10-5-8 and/or Title 11, Chapter 6 of this Code of Ordinances.
(b) Definitions. The following definitions shall be applicable in this Section:
(1) Health and Safety Hazard.
A public health and safety hazard or nuisance is an object, act, occupation, condition or use or 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; or
b. In any way render the public insecure in life or in the use of property.
(2) Public Hazards Affecting Health.
The following acts, omissions, places, conditions and objects are hereby specifically declared to be hazards and nuisances, but such enumeration shall not be construed to exclude other health hazards coming within the definition of Subsection (b)(l):
a. Accumulation of decayed animal or vegetable matter, trash, rubbish, or any material whatsoever in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed.
(3) Safety Hazards.
a. The following acts, omissions, places and conditions are hereby declared safety hazards and nuisances. However, such enumeration shall not be construed to exclude other hazards affecting public safety coming within the provisions of Subsection (b)(1):
1. All buildings and structures so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human use or occupancy.
2. All abandoned or non-operational refrigerators, freezers, and iceboxes from which the doors and other covers have not been removed or are not equipped with a device for opening the door from the inside.
3. Fire code or safety violations found when the required state fire inspections are performed.
b. Time to repair or correct fire code or safety violations will be on an individual basis granted upon notice of violation.
(4) Public Safety and Other Hazards.
The following acts, omissions, places and objects are hereby specifically declared to be public safety or health hazards and nuisances offending the health, comfort, repose or safety of Village residents, but such enumeration shall not be construed to exclude other hazards within Subsection (b)(l):
a. All property owners within the Village of Edgar who allow their property to accumulate trash, litter or rubbish shall be in violation of this Subsection.
1. Litter as used in this Subsection includes but is not limited to trash and/or wastepaper lying scattered about.
2. Trash, as used in this Subsection, includes but is not limited to some thing or object worth little or nothing or is in a crumpled or broken inoperable condition.
3. Rubbish, as used in this Subsection, includes but is not limited to waste materials, garbage and refuse of every character and kind collected and/or accumulated.
(c) Abatement of Public Hazards.
(1) Inspection of Premises.
Whenever a person residing within five hundred (500) feet or adjacent to a hazard makes a written complaint to the Village office or to a Village enforcement officer that a public health or safety hazard exists within the Village of Edgar, the enforcement officer shall promptly and forthwith inspect or cause to be inspected the premises complained of and shall make a written report of his/her findings to the Village Board. Whenever practicable, the enforcement officer shall cause photographs to be made of the premises and shall file the same in the office of the Village Administrator.
(2) Summary Abatement.
a. Notice to Owner. If the enforcement officer shall determine that a public health or safety hazard exists within the Village of Edgar and that there is great and immediate danger to the public health, safety, peace, morals or decency upon a person, company, or corporation causing, permitting, or maintaining such a hazard, whether an owner or occupant of the premises where such hazard is caused, permitted, or maintained. If immediate personal service cannot be made, a copy of such notice shall be posted on the premises in a location likely to attract the attention of the owner or occupant thereof, as well as direct mail notice to the last known owner of said property. Such notice shall direct the person, company or corporation causing, permitting, or maintaining such hazard, or owner or occupant of the premises to start abatement within twenty-four (24) hours and complete such abatement within thirty (30) days, and shall state that unless such hazard is so abated, the Village may cause the same to be abated and will charge the cost thereof to the owner, occupant, or person causing, permitting or maintaining the hazard.
b. Abatement by Village. If the health or safety hazard is not abated within the time provided or if the owner, occupant or person causing the hazard cannot be found, the enforcement officer in the case of health hazards and other causes shall cause the abatement or removal of such public hazards.
c. Abatement by Court Action. If the enforcement officer shall determine that a health or safety hazard exists on private premises but that the nature of such hazard is not such as to threaten great and immediate danger to the public health, safety, peace, morals or decency, he/she shall file a written report of his/her findings with the Village Board who shall cause an action to abate such hazard to be commenced in the name of the Village in the Circuit Court of Marathon County in accordance with the provisions of Ch. 823, Wis. Stats. In the alternative, the Village Board may direct the enforcement officer to issue one or more citations for each day of violation for said time period, and to report back whether compliance has occurred.
d. Other Methods Not Excluded. Nothing in this Section shall be construed as prohibiting the abatement of the health or safety hazards by the Village of Edgar or its officials in accordance with the laws of the State of Wisconsin.
(d) Enforcement.
(1) Penalty.
Any person who shall violate this Section shall, upon conviction thereof, be subject to a forfeiture as prescribed in Section 1-1-6.
(2) Separate Violations.
Each day of violation of this Section shall constitute a separate offense.
State Law Reference:
Ch. 823, Wis. Stats.