A. Inspection of Premises. Whenever complaint is made in writing to the Village that a public nuisance exists within the Village of Rochester, the Clerk shall promptly notify the appropriate Village official, who shall forthwith inspect or cause to be inspected the premises and shall make a written report of findings to the Village Board. Whenever practicable, the inspecting official shall cause photographs to be made of the premises and shall file the same in the office of the Village Clerk.
B. Emergency abatement.
1. Order of Abatement. If the inspecting official determines that a public nuisance exists within the Village and that there is imminent danger to the public health, safety, peace, morals, decency, or the trees of the Village, the official may issue an order reciting the existence of a public nuisance constituting imminent danger to the public and requiring immediate or quick action be taken as the official deems necessary to abate the nuisance. The order shall be served personally on the owner of the premises, as well as the occupant if different from the owner and applicable to the described nuisance. If the owner is not present in the Village, the order shall be communicated to the owner by telephone, fax, or computerized communication, and the original order shall be served personally or sent by certified mail, return receipt requested, to the owner. Notwithstanding any other provisions of this chapter, the order shall be effective immediately. Any person to whom such order is directed shall comply with the order immediately or within the number of days given in the order. Any costs incurred by the Village for delay of the action are the responsibility of the property owner.
2. Abatement by Village. Whenever the owner or occupant shall refuse or neglect to remove or abate the condition described in the order, the inspecting official shall, in his or her discretion, enter upon the premises and cause the nuisance to be removed or abated and the Village shall recover the expenses incurred thereby from the owner or occupant of the premises or from the person who has caused, permitted or maintained the nuisance.
C. Non-emergency Abatement.
1. Order to Abate Nuisance. If the inspecting 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, morals or decency, the inspector shall issue an order reciting the existence of a public nuisance and requiring the owner 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 served personally on the owner of the premises, as well as the occupant if different from the owner and applicable to the described nuisance, or, at the option of the inspecting 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 in person or by certified mail, the order may be served by posting it on the main entrance of the premises and by publishing it as a Class 3 notice under Wis. Stat. ch. 985. The time limit specified in the order runs from the date of service or publication, and shall be not less than 30 days.
2. Abatement by Village. If the owner or occupant fails or refuses to comply within the time period prescribed, the inspecting official may enter upon the premises and cause the nuisance to be removed or abated and the Village shall recover the expenses incurred thereby from the owner or occupant of the premises or from the person who has caused or permitted the nuisance.
D. Remedy from Order. Any person affected by such order shall, within 30 days of service or publication of the order, apply to the Circuit Court for an order restraining the Village and the inspecting official from entering on the premises and abating or removing the nuisance, or be forever barred, provided, however, that if the order is an emergency order, the person affected shall apply to the Circuit Court for such order immediately. The court shall determine the reasonableness of the order for abatement of the nuisance.
E. 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 of Wisconsin.
F. Court order. Except when necessary under Subsection B, an official hereunder shall not 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.