(a) Generally. The Village Manager or any member of the Police Department is authorized to abate any public nuisance existing in the village, whether or not the nuisance is one specifically recognized as such by the provisions of this code or any other ordinance of the village or laws of the state.
(1) If the inspecting officer or representative shall report that a public nuisance exists on private property in the village or shall report conditions that lead to the conclusion that a public nuisance exists on private property in the village, and that there is great and immediate danger to the public health, safety, peace, morals or decency, the Village Manager may direct the Chief of Police to serve notice on the owner or occupant of the property, or on any person controlling the property or causing, permitting or maintaining the public nuisance, or if the owner, occupant or other person cannot be located or served with notice reasonably promptly, to post notice on the premises. The notice shall direct the owner or occupant of, or other person controlling, the premises, or any other person who shall appear to be responsible for causing, permitting or maintaining the public nuisance to abate and remove the public nuisance within 24 hours, or a longer time as shall be specified in the notice, and shall state that unless the public nuisance is so abated within the time specified, the village will cause the same to be abated and will charge the cost thereof to the owner or occupant of the premises or other person controlling the premises or causing, permitting or maintaining the public nuisance. If the public nuisance is not abated within the time provided or if the owner or occupant of the premises or other person controlling the premises or causing, permitting or maintaining the public nuisance cannot be located or served with notice, the Village Manager shall cause the abatement or removal of the public nuisance.
(2) If the inspecting officer shall determine that a public nuisance exists on private property but that the nature of the public nuisance is not such that creates a great and immediate danger to the public health, safety, peace, morals or decency, the inspecting officer shall file a written report of the findings with the Village Manager, who shall cause legal action to be commenced in the name of the village to abate or remove the public nuisance in the name of the village.
(C) Costs. In addition to any penalty imposed by village code or ordinance for the creation, continuance or maintenance of a public nuisance, the costs incurred by the village in abating or removing a public nuisance (including reasonable attorney’s fees) shall be collected as a debt of the owner or occupant of the premises or other person controlling the premises or causing, permitting or maintaining the public nuisance. Except as otherwise provided in §§ 135.03 and 135.04, if notice to abate has been given to the owner of record of the premises, or if the owner of record cannot be located and notice has been posted on the premises, the costs shall, at the option of the village and to the extent permitted by law, be assessed against the premises and the village shall have a lien against the premises for the costs, enforceable in the manner provided by law for the enforcement of mechanics liens.
(Ord. 766, passed 9-10-1990)