(a) Nuisances Prohibited.
(1) Nuisances Not To Be Maintained.
No person may maintain or permit a public nuisance within the Village of Edgar.
(2) Criteria.
The Village Board determines that a nuisance is unreasonable activity or use of property that interferes substantially with the comfortable enjoyment of life, health, or safety of another or others. Criteria for a public nuisance are, but not limited to, those grounds listed in Sec. 11-6-2 and as follows:
a. The number of people affected;
b. The location of the operation or property;
c. The degree or character of the injury inflicted or the right impinged upon;
d. The reasonableness of the use of the property;
e. The nature of the business maintained;
f. The proximity of dwellings to the business; and
g. The nature of the surrounding or community.
(3) Repeated Offenses.
Repeated violations of a Village ordinance or regulation constitutes a public nuisance as a matter of law.
(b) Enforcement. It shall be the duty of the Village President, Village Board, Police Department, Building Inspector, Fire Inspector, and/or Zoning Administrator to enforce the provisions of this Chapter, and they shall make periodic inspections and inspections upon complaint to ensure that such provisions are not violated. No action shall be take under this Section to abate a public nuisance unless the officer(s) shall have inspected or caused to be inspected the premises where the nuisance is alleged to exist and has or have satisfied himself/herself that a nuisance does in fact exist.
(c) Summary Abatement.
(1) Order; Notice.
a. If the enforcement official of the Village determines that a public nuisance exists within the Village and that there is imminent danger to public health, safety, peace, morals, comfort or welfare, the enforcement official, or his/her designee, may, without notice or hearing, issue an order reciting the existence of a public nuisance constituting an imminent danger to the public and requiring that prompt action be taken as such official deems necessary to abate the nuisance. Notwithstanding any other provisions of this Chapter, the order shall be effective immediately.
b. Notice of the order shall be personally served, or delivered by certified mail, by the enforcement official or his/her deputy on the owner and/or occupant of the premises where such nuisance is caused, maintained or permitted; a copy of such notice shall also be posted on the premises. Such order shall direct the person causing, maintaining or permitting such nuisance, or the owner and/or occupant of the premises, to abate or remove such nuisance within a period not less than twenty-four (24) hours or greater than seven (7) 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 and/or person causing, maintaining or permitting the nuisance, as the case may be. Any person to whom such order is directed shall comply with the order immediately.
(2) Abatement by Village.
Whenever the owner or occupant shall refuse or neglect to remove or abate the condition described in the order, or if the nuisance is not abated within the time period provided, or if the owner, occupant or person causing or maintaining the nuisance cannot be found, the Village official having the duty of enforcement shall cause the abatement or removal of such public nuisance. The Village shall recover the expenses incurred thereby from the owner and/or occupant of the premises or from the person(s) who has caused or permitted the nuisance.
(d) Non-summary Abatement.
(1) Order; Notice.
If the enforcing official determines that a public nuisance exists on private premises but that the nature of such nuisance is not such as to threaten imminent danger to the public health, safety, peace, comfort, morals or welfare, the enforcing official shall issue an order reciting the existence of a public nuisance and requiring the owner and/or occupant of the premises to remove or abate the condition described in the order within the time period specified therein. The order shall be personally served on the owner of the property, as well as the occupant if different from the owner and applicable to the nuisances cited, or, at the option of the enforcing official, the notice may be mailed to the last known address of the person to be served by certified mail with return receipt. If the owner or the occupant cannot be served, the order may be served by posting it on the main entrance of the premises and by publishing as a Class 3 notice under Ch. 985, Wis. Stats. The time limit specified in the order runs from the date of service or publication.
(2) Abatement by Village.
If the owner or occupant fails or refuses to comply within the time period described, the enforcement official may cause the nuisance to be removed or abated and the Village shall recover the expenses incurred thereby from the owner and/or occupant of the premises or from the person who has caused or permitted the nuisance.
(e) Appeals. Any person aggrieved by a notice/order of a Village enforcement official under Subsections (b) or (c) above issued in connection with any alleged violation of the provisions of this Chapter or of any applicable rules and/or regulations pursuant thereto or by any order requiring repair or demolition may file with the Village Administrator-Clerk. Treasurer a petition setting forth his/her reasons for contesting the notice and/or order Such petition shall be filed within fifteen (15) days of receipt of the enforcement official's notice. The Village Board shall conduct a hearing on the petition within thirty (30) days after the filing date of the appeal and make a determination on the appeal and the enforcement official's notice and/or order.
(f) Alternative Method - Other Village Ordinances. As an alternative curative method, public nuisances may be abated under other Village ordinances, including, but not limited to: Section 8-1-2 "Public Safety and Health Hazards/Nuisances Regulated", Section 8-1-8 "Unhealthy, Hazardous or Unsightly Materials on Public or Private Property", Section 8-1-9 "Rodent Control", Section 8-1-14 "Burial of Animal Carcasses", Title 8, Chapter 3 "Recycling", Section 10-5-8 "Junked Vehicles and Appliances on Private Property", Section 11-3-2 "Littering Prohibited", Title 15, Chapter 1 "Building Code", and/or Title 15, Chapter 4 "Property Maintenance Code".
(g) Alternative Curative Method - by Court Action - Repair or Razing Order.
(1) Court Petition.
As an alternative curative method, whenever an owner, operator, or agent of a premise or unit thereof fails, neglects, or refuses to make repairs, raze or remove, make safe by repairs or other corrective action called for, the enforcement official may undertake such repairs or action. If the owner, operator or agent fails to repair or remove a building which is dilapidated or blighted to the extent that such building, dwelling, or structure offends the aesthetic character of the immediate neighborhood or produces blight or deterioration by reason of such conditions, the enforcement official may apply to circuit court for an order determining that such building, dwelling, or structure constitutes a public nuisance and the defect shall be remedied. Every violation of this Code of Ordinances may constitute a public nuisance and may be enjoined and the maintenance thereof may be abated by legal action by the Village or citizen thereof.
(2) Razing Orders.
Where a judicial review of a decision of the enforcement official is sought when such order originates under Section 66.0413, Wis. Stats., governing the razing of buildings, the statutory procedures shall be adhered to.
(h) Alternative Curative Method - Ch. 823, Wis. Stats., Nuisances. The provisions of Chapter 823, Wis. Stats., regarding public nuisances specifically addressed by that Chapter are adopted and incorporated herein by reference. At his/her option, if the enforcement official finds that a public nuisance exists, such official may file a written report of such findings with the Village Board, which shall cause an action to abate such nuisance to be commenced in the name of the Village in Circuit Court in accordance with the provisions of Chapter 823, Wis. Stats. Nothing in this Chapter shall be construed as prohibiting the abatement of public nuisances by the Village of Edgar and its officials in accordance with the laws of the State of Wisconsin.
(i) Enforcement - Agricultural Uses and Practices. In actions pertaining to agricultural uses and agricultural practices, as defined in Secs. 823.08 and 91.01, Wis. Stats., the Village shall observe the limitations set forth in Sec. 823.08, Wis. Stats.
(j) Court Order to Access Property. Except when necessary under Subsection (b), no enforcement official shall 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, or to permit inspection under Section 66.0119, Wis. Stats.