(a) Inspections.
(1) Whenever the Building Inspector, Fire Inspector, Zoning Administrator, or other authorized Village official shall, upon inspection of any premises within the Village of Edgar finds that there is deposited, placed, stored or remaining on said premises any garbage, junk, rubbish, rubble, trash, construction materials, rotting yard and orchard waste, merchandise or parts, accumulation of grease or food wastes in a grease trap or other place or depository which presents a risk of clogging or blocking a sewer system, or any other unhealthy, hazardous or unsightly materials or thing which create a fire or health hazard, or which is detrimental to the appearance, neatness and cleanliness of the immediate neighborhood or the Village of Edgar in general, such official shall issue his/her written order to the owner and/or occupant of the premises to remove such offending items.
(2) Said written order shall provide that such removal shall be accomplished within ten (10) days after service of said order upon the owner or occupant of the premises involved. Such written order, in addition to specifying and describing the material or things to be removed, shall also set forth on the face thereof the provisions of Subsection (b).
(3) Prosecution of violators under this Section shall not preclude other enforcement actions allowed by law, including other actions under this Code of Ordinances.
(b) Appeal. Any person aggrieved by an order of a Village official under this Section may, within thirty (30) days from the date of such order, request a hearing before the Village Board. The request for said hearing must be made in writing to the Village Administrator's office within thirty (30) days of the date of said order. The Village Board shall hold a hearing within seven (7) days from the date of the aggrieved party's request. The Village shall take no abatement action until such time as the requested hearing is held, except when necessary to remove a human health hazard in accordance with Subsection (e). At the hearing, the person aggrieved may appear in person and/or by attorney and may subpoena, present and cross-examine witnesses. At the close of the hearing, the Village Board shall make its determination in writing specifying its findings of facts and conclusions. If the Village Board determines that a public nuisance did exist, the Village Board may order the Village to proceed under Subsection (e), (f) and/or (h) of this Section.
(c) Exceptions. Nothing contained in this Section shall be construed to prohibit the depositing of rubbish, rubble, junk, trash, abandoned, outmoded or nonsalable merchandise or parts or unsightly materials or things which are:
(1) Lawfully sited pursuant to the Village Zoning Code and operated in a manner not constituting a nuisance; or
(2) Temporarily deposited due to an emergency; or
(3) Materials during construction; or
(4) Collected and piled for immediate collection and disposal by the Village or by a private service.
(d) Nonconforming Uses. It shall not be a defense to the provisions of this Section that the owner or occupant of the premises involved has a nonconforming use, but the provisions of this Section shall be complied with notwithstanding that the owner or occupant of any given premises is using or occupying such premises under a valid nonconforming use.
(e) Abatement by Village. If the inspecting officer determines that said nuisance is a human health hazard, as defined in Sec. 254.01, Wis. Stats. and Section 8-1-2 of this Code of Ordinances, and is not abated within the time provided in Subsection (a), and there has been no appeal as set forth in Subsection (b), the officer shall file a written report of his/her findings with the Village Board, and the Village Board may abate the nuisance pursuant to Section 8-1-2, Section 10-5-8 and/or Title 11, Chapter 6 of this Code of Ordinances.