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(A) Public nuisances declared. The following are hereby declared to be public nuisances wherever they may be found within the village:
(1) Any motor vehicle, truck body, tractor, or trailer as enumerated in divisions (C) and (D) below and defined in division (B) below;
(2) Any junk stored contrary to division (E) below;
(3) Any recreational equipment stored contrary to divisions (F) below; and
(4) Any firewood used or stored contrary to division (G) below.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DISASSEMBLED, INOPERABLE, JUNKED, OR WRECKED MOTOR VEHICLES, TRUCK BODIES, TRACTORS, AND TRAILERS. Motor vehicles, truck bodies, tractors, or trailers in such state of physical or mechanical ruin as to be incapable of propulsion or being operated upon the public streets or highways.
IN THE OPEN. Land which may be viewed from public streets or adjoining property.
JUNK. Worn out or discarded material of little or no value including, but not limited to, household appliances or parts thereof, machinery and equipment or parts thereof, vehicles or parts thereof, tools, discarded building materials, or any other unsightly debris; the accumulation of which has an adverse effect upon the neighborhood or village property values, health, safety, or general welfare.
MOTOR VEHICLE. As defined in Wis. Stats. § 340.01(35).
RECREATION EQUIPMENT. Boats, canoes, boat and utility trailers, mobile homes, campers, off-highway vehicles, and snowmobiles.
UNLICENSED MOTOR VEHICLES, TRUCK BODIES, TRACTORS, OR TRAILERS. Motor vehicles, truck bodies, tractors, or trailers which do not bear lawful current license plates.
(C) Storage of inoperable vehicles and the like.
(1) Restricted. No person shall accumulate, store, or allow any disassembled, inoperable, junked, or wrecked motor vehicles, truck bodies, tractors, or trailers in the open upon any public or private property in the village for a period exceeding ten days.
(2) Exceptions.
(a) Any business engaged in automotive sales or repair located in a properly zoned district may retain no more than three disassembled or wrecked vehicles, including vehicles under repair, in the open for a period not to exceed 30 days, after which such vehicles shall be removed; and
(b) Junk yards.
(D) Storage of unlicensed vehicles and the like.
(1) Restricted. No person shall accumulate, store, or allow any unlicensed motor vehicle, truck body, tractor, or trailer in the open upon any public or private property in the village for a period exceeding ten days.
(2) Exceptions.
(a) Any business engaged in the sale, repair, or storage of such unlicensed vehicles in a properly zoned district; and
(b) Garden tractors and mowers may be stored in the rear yard not less than ten feet from any property line.
(E) Storage of junk.
(1) Restricted. No person shall accumulate, store, or allow any junk outside of any building on any public or private real estate located in the village, except those listed in division (E)(2) below.
(2) Exceptions.
(a) Junk yards; and
(b) Businesses which use junk materials in the course of business, provided that the junk storage area is enclosed by a solid six-foot painted or stained fence.
(F) Storage of recreational equipment regulated. No person shall store any recreational equipment on any street right-of-way or within the front setback, including the driveway, for a period of more than 48 hours.
(G) Storage of firewood.
(1) Regulated. No person shall store firewood on any residential premises except for use on the premises. No firewood pile may be located within the front setback.
(2) Exception. Any firewood pile located contrary to the provisions of division (G)(1) above on the effective date of this division (G) need not be moved to a place of compliance until June 1, 1992.
(H) Issuance of citation; action to abate. Whenever the Chief of Police shall find any such vehicle, junk, or recreational equipment, as defined in division (B) above, accumulated, stored, or remaining in the open upon any property within the village contrary to the provisions of divisions (C), (D), (E), and (F) above, or firewood stored contrary to division (G) above, he or she shall notify the owner of said property on which such vehicle, junk, recreation equipment, or firewood is located of the violation of this section. If such vehicle, junk, recreational equipment, or firewood is not removed within ten days, the Chief of Police shall cause a citation to be issued to the property owner or the occupant of the property upon which such vehicle, junk, recreational equipment, or firewood is located. In addition, action to abate such nuisance may be commenced, as provided in § 90.06.
(Prior Code, § 10.06) Penalty, see § 90.99
(A) Enforcement. It shall be the duty of the Chief of Police, the Fire Chief, and the Building Inspector to enforce those provisions of this chapter that come within the jurisdiction of their respective offices and they shall make periodic inspections and inspections upon complaint to ensure that such provisions are not violated. No action shall be taken under this section to abate a public nuisance unless the officer shall have inspected, or caused to be inspected, the premises where the nuisance is alleged to exist and have satisfied himself or herself that a nuisance does in fact exist.
(B) Summary abatement.
(1) Notice to owner. If the inspecting officer shall determine that a public nuisance exists within the village and that there is great and immediate danger to the public health, safety, peace, morals, or decency, the Village President may direct the Chief of Police to serve notice on the person causing, permitting, or maintaining such nuisance or upon the owner or occupant of the premises where such nuisance is caused, permitted, or maintained and to post a copy of said notice on the premises. Such notice shall direct the person causing, permitting, or maintaining such nuisance or the owner or occupant of the premises to abate or remove such nuisance within 24 hours and shall state that unless such nuisance is so abated, the village shall cause the same to be abated and will charge the cost thereof to the owner, occupant, or person causing, permitting, or maintaining the nuisance, as the case may be.
(2) Abatement by village. If the nuisance is not abated within the time provided or if the owner, occupant, or person causing the nuisance cannot be found, the officer having the duty of enforcement shall cause the abatement or removal of such public nuisance.
(C) Abatement by court action. If the inspecting officer shall determine that a public nuisance exists on private premises, but that the nature of such nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals, or decency, he or she shall serve notice on the person causing or maintaining the nuisance and the owner of the property to remove the same within ten days. If such nuisance is not removed within ten days, he or she shall report such fact to the Village President who may direct the Village Attorney to commence an action in Circuit Court for the abatement of the nuisance.
(D) Other methods not excluded. Nothing in this chapter shall be construed as prohibiting the abatement of public nuisances by the village or its officials in accordance with the laws of the state, nor as prohibiting an action to be commenced in the Circuit Court seeking a forfeiture as provided in § 90.99.
(E) Cost of abatement. In addition to any other penalty imposed by this chapter for the erection, contrivance, creation, continuance, or maintenance of a public nuisance, the cost of abating a public nuisance by the village shall be collected as a debt from the owner, occupant, or person causing, permitting, or maintaining the nuisance, and if notice to abate the nuisance has been given to the owner, such cost shall be assessed against the real estate as a special charge.
(Prior Code, § 10.07) (Ord. 4-99, passed 11-11-1999)
(A) Public nuisances declared. The following are hereby declared to be public nuisances where they may be found within the village:
(1) Any living or standing tree, or part thereof, infected with the Dutch elm disease or other tree diseases; and
(2) Any dead diseased or infected tree, or part thereof, including logs, branches, stumps, firewood, or other material from which the bark has not been removed and burned or sprayed with an effective fungicide or insecticide.
(B) Nuisances prohibited. No person shall permit any public nuisance, as defined in division (A) above, to remain on any premises owned or controlled by him or her within the village.
(C) Inspection. The Director of Public Works may enter upon private premises at all reasonable times for the purpose of carrying out any of the provisions of this section.
(D) Abatement of disease nuisances.
(1) Whenever the Director of Public Works shall find, with reasonable certainty on examination or inspection, that any public nuisance, as defined in this section, exists within the village, he or she shall cause it to be sprayed, removed, burned, or otherwise abated in such manner as to destroy or prevent as fully as possible the spread of the disease fungus or the insect pests or vectors known to carry such disease.
(2) Before abating any such nuisance on private premises or in any terrace strip between the lot line and the curb, the Director of Public Works shall proceed as follows.
(a) If the Director of Public Works shall determine that danger to other trees from said nuisance is not imminent, he or she shall make a written report of his or her findings to the Village Board, which shall proceed as provided in Wis. Stats. § 27.09(4).
(b) If the Director of Public Works shall determine that danger to other trees within the village is imminent, he or she shall notify the owner or abutting owner of the property on which such nuisance is found, in writing, if he or she can be found; otherwise by publication in a newspaper of general circulation in the village that the nuisance must be abated as directed in the notice within a specified time, which shall not be less than ten days from the date of such notice unless the Director shall find that immediate action is necessary to prevent spread of infection. If the owner fails to comply with the notice within the time limit, the Director shall cause the abatement thereof.
(3) No damage shall be awarded to the owner for destruction of any tree, wood, or material, or any part thereof, pursuant to this section.
(E) Assessment of costs of abatement.
(1) The entire cost of abating any public nuisance, as defined in division (B) above, may be charged to and assessed against the parcel or lot abutting on the street, alley, boulevard, or parkway upon or in which such tree is located or the parcel or lot upon which such tree stands in accordance with Wis. Stats. § 66.0627.
(2) The Director of Public Works shall keep strict account of the costs of work done under this section and shall report monthly to the Village Administrator/Clerk all work done for which assessments are to be made, stating and certifying the description of the land, lots, parts of lots, or parcels of land and the amounts chargeable to each. The Village Administrator/Clerk shall include in his or her report to the Village Board the aggregate amounts chargeable to each lot or parcel so reported, and such amounts shall be levied and assessed against such parcels or lots in the same manner as other special taxes.
(Prior Code, § 10.08) Penalty, see § 90.99
(A) Noxious weeds and rank growth prohibited. No owner or occupant of any lot or parcel shall allow such property to become overgrown with any weeds or grass so as to constitute a public nuisance, as defined in § 90.03(G).
(B) Notification. The Village President shall cause to have published annually, on or before May 15, a Class 2 notice, under Wis. Stats. Chapter 985, that every person is required by law to destroy all noxious weeds and other rank growth of vegetation, as defined in § 90.03(G), on land in the village which he or she owns, occupies, or controls.
(C) Enforcement. If a property owner fails to control the growth of such weeds or rank growth of vegetation on his or her property, or in the alternative, comply with the provisions of § 90.03(H)(1), (H)(3), and (H)(4), the Weed Commissioner shall cause to have served upon him or her notice as to this fact. If such owner fails to abate this nuisance within 14 days after service of the notice, or file an appeal as provided in division (E) below, the Weed Commissioner shall take action to abate such public nuisance.
(D) Costs. If the village causes a nuisance to be removed, as provided in division (C) above, the actual cost thereof, together with an administrative fee equal to 10% of the actual cost, shall be charged to the property owner. If such charges are not paid by November 15 of the year in which they are billed, such charges, together with an additional administrative fee for collection equal to 10% of the total of such charges and fees, shall be extended on the next succeeding tax roll as a tax charged against the property affected and collected in the same manner as are other taxes, pursuant to Wis. Stats. § 66.0517.
(E) Appeal. Any person aggrieved by the written determination of the Weed Commissioner to abate a nuisance thereto may file a written appeal within 14 days of receiving such written determination with the Village Board. The appeal shall state the reasons for reviewing the determination of the Weed Commissioner. After giving a Class 1 notice, the Village Board shall hold a hearing and decide the matter within a reasonable time. The Village Board may reverse, affirm, or modify the determination of the Weed Commissioner and issue an order accordingly.
(Prior Code, § 10.09) (Ord. 105-94, passed 11-10-1994) Penalty, see § 90.99
(A) Dumpsters. The use of dumpsters is subject to the following conditions:
(1) Dumpsters shall be allowed in the following Residential Districts, R-1, R-2, R-3, R-4, and RD-1, subject to obtaining a permit. This reference to the temporary use of dumpsters does not apply to properties in the following districts: RM-1, MH, B-1, B-2, PUD, M-1, M-2, A-1, A-2, C-1, and C-2.
(2) There must be no more than one dumpster per property, unless granted a conditional use permit.
(3) Dumpsters shall be no larger than 30 cubic yards (880 cubic feet).
(4) A dumpster can be used for 90 days per calendar year. An extension beyond 90 days can be requested with approval from the Plan Commission as a conditional use permit.
(5) The dumpsters used for construction purposes must be removed within 14 days after the completion of said construction.
(6) The dumpster must be leak proof or covered.
(7) A dumpster associated with a business, school or church may remain in the residential zoning districts but must meet all setback requirements.
(8) Must meet all district setback requirements for accessory structures, unless granted special permission as part of the permit.
(9) Placement must not interfere with public access (street, sidewalk, alley, right-of-way, or other public property) without advance approval as part of the permit.
(10) Safety materials, such as lights, barricades, and/or reflective tape is required to increase visibility of dumpsters located within the right-of-way.
(11) In the event a dumpster needs emptying, repair, or alteration, as such temporary structure is unsightly, is or could cause a public nuisance, the Zoning Administrator or the designee shall serve an order to remove said structure and allow the property owner/occupant five business days to empty or remove the structure. No citation shall be issued to the property owner/occupant until the issuance of said order and the expiration of five business days in order to allow the property owner/occupant to remove the portable structure so as to meet with the approval of the Zoning Administrator or the designee.
(12) Any variances from these conditions may be considered for a conditional use permit.
(B) Polystructures. The use of polystructures in all zoning districts is subject to the following conditions:
(1) Polystructures shall be allowed in residential districts subject to obtaining a permit.
(2) There must be no more than one polystructure per property, unless granted a conditional use permit.
(3) Polystructures must not be placed at any one property in excess of six months (180 days) in any calendar year.
(4) Polystructures must not be larger than 12 feet by 20 feet.
(5) All polystructures must meet all district setback requirements for accessory structures.
(6) Placement must not interfere with public access (street, sidewalk, alley, right-of-way, or other public property) without advance approval as part of the permit.
(7) Polystructures do not include temporary greenhouses, or screen houses that are not used for storage.
(8) In the event a polystructure needs repair or alteration, as such temporary structure is unsightly, is or could cause a public nuisance, the Zoning Administrator or the designee shall serve an order to remove said structure and allow the property owner/occupant five business days to remove the structure. No citation shall be issued to the property owner/occupant until the issuance of said order and the expiration of five business days in order to allow the property owner/occupant to remove the portable structure so as to meet with the approval of the Zoning Administrator or the designee.
(9) Any variances from these conditions may be considered for a conditional use permit.
(C) Portable storage structures/containers. The use of a portable storage structure, PODs, shipping container, or trailer (not including recreational vehicles) in all zoning districts subject to the following conditions:
(1) Portable storage structures, PODs, shipping containers, or trailers shall be allowed in all districts subject to obtaining a permit.
(2) There must be no more than one portable storage structure, POD, shipping container, or trailer per property, unless granted a conditional use permit.
(3) The portable storage structure, POD, shipping container, or trailer shall not be used for the purpose of living quarters.
(4) Portable storage structures, PODs, shipping or cargo containers, or trailers can be used for 90 days per calendar year. An extension, or additional portable storage structures/containers beyond 90 days can be requested with approval from the Plan Commission and strict accordance with all standards as a conditional use permit:
(a) An affidavit indicating the temporary structure shall be removed within the granted time frame;
(b) A non-refundable application fee;
(c) A detailed site plan showing the location of the temporary structure; and
(d) Any other information reasonably requested by the Zoning Administrator and/or the Plan Commission.
(5) The portable storage structure, POD, shipping container, or trailer must be no larger than 10 feet wide, 20 feet long and 10 feet high. Any structure in excess of these dimensions requires a conditional use permit.
(6) A portable storage structure, POD, shipping container, or trailer must meet all district setback requirements for accessory structures.
(7) Placement must not interfere with public access (street, sidewalk, alley, right-of-way, or other public property) without advance approval as part of the permit.
(8) A portable storage structure, POD, shipping container, or trailer associated with construction on a site where a building permit has been issued must be placed within the buildable area of the lot and comply with all setback requirements, unless granted a conditional use permit. A portable storage structure, POD, shipping container, or trailer is permitted for the duration of construction and must be removed from the site within 14 days of the end of construction.
(9) ln the event a portable storage structure, POD, shipping container, or trailer needs repair or alteration, as such temporary structure is unsightly, is or could cause a public nuisance, the Zoning Administrator or the designee shall serve an order to remove said structure and allow the property owner/occupant five days to remove the structure. No citation shall be issued to the property owner/occupant until the issuance of said order and the expiration of five days in order to allow the property owner/occupant to remove the portable structure so as to meet with the approval of the Zoning Administrator or the designee.
(10) Any variances from these conditions may be considered for a conditional use permit.
(Ord. 03-2017, passed 1-12-2017)
Cross reference:
Definitions, see § 155.02
(A) In addition to the penalties provided in this chapter, any person who shall violate any provision of this chapter or permit or cause a public nuisance shall be subject to a penalty as provided in § 10.99.
(Prior Code, § 10.15)
(B) Any person who shall be adjudicated to have violated any of the provisions of § 10.99, plus the costs of said prosecution and, upon default of payment of such forfeiture and costs, shall be imprisoned in the county jail until such forfeiture and costs are paid, but not to exceed ten days. Each day that a violation of this section continues shall be deemed a separate offense.
(Prior Code, § 10.06)