Chapter 8.32
NUISANCES
Sections:
8.32.010 Public nuisances prohibited.
8.32.020 Public nuisance defined.
8.32.030 Public nuisances affecting health.
8.32.040 Public nuisances offending morals and decency.
8.32.050 Public nuisances affecting peace and safety.
8.32.060 Abatement of public nuisances.
8.32.065 Chronic public nuisance.
8.32.090 Penalty for violation of this chapter.
8.32.010 Public nuisances prohibited.
No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the city. (Prior code § 10.01)
8.32.020 Public nuisance defined.
The following definitions apply to this chapter:
A. “Abate” or “abatement” means to remove, end or fix a nuisance.
B. “Chronic public nuisance” means three or more public nuisance activities have occurred at a premises on separate days during a 180-day period. In multitenant buildings, if a nuisance activity originates from a tenant’s or a particular portion of the premises’ activities, the same tenant or particular portion of the premises must be the same to qualify for the three or more occurrences.
C. “City official” means Police Chief, Fire Chief, Health Officer, Zoning and Building Administrator, the Director of Public Works, their designees, or the City Attorney as their representative.
D. “Public nuisance” means a thing, act, omission, occupation, place, condition, or use of property which shall continue for such length of time as to:
1. Substantially annoy, injure, or endanger the comfort, health, repose, or safety of the public; or
2. In any way render the public insecure in life or in the use of property; or
3. Greatly offend the public morals or decency; or
4. Unlawfully and substantially interfere with, obstruct, or render dangerous for passage any street, alley, highway, navigable body of water, or other public way, or the use of public property.
5. Law enforcement services rendered pursuant to Section 66.0627(7), Wisconsin Statutes, are not public nuisances.
6. Law enforcement or Fire Department services rendered pursuant to an emergency call for a suspected drug overdose are not public nuisances. (Ord. 2863-24 § 1, 2024)
8.32.030 Public nuisances affecting health.
The following are specifically declared to be public health nuisances, but such enumeration shall not be construed to exclude other health nuisances coming within the definition of Section 8.32.020:
A. Adulterated Food. Any decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public.
B. Breeding Places for Vermin. All accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, scrap metal or any material in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed.
C. Wildlife Feeding. Any place where materials are kept in violation of Section 6.04.040.
D. General Pollution. Waste which is prepared or stored on any premises in a manner which creates or may create a public health hazard, safety hazard, or blighting condition.
E. Noxious Odors. Any use of property, substances, or things within the city emitting or causing any foul, offensive, noisome, nauseous, noxious, or disagreeable odors; gases, effluvia, or stenches extremely repulsive to the physical senses of ordinary persons which annoy, discomfort, injure, or inconvenience the health of any appreciable number of persons within the city.
F. Noxious Weeds. All noxious weeds and other rank growth of vegetation. Noxious weeds shall include the following:
1. Canadian thistle;
2. Marijuana that is not grown or cultivated for lawful commercial purposes;
3. English carloc or wild mustard;
4. Field bindweed, commonly known as Creeping Jenny;
5. Goatsbeard;
6. Quack;
7. Quitch grass and harmful barberry;
8. Field dodder;
9. Indian mustard;
10. Oxeye daisy;
11. Snapdragon or butter and eggs;
12. Perennial sow thistle;
13. Chicory;
14. Horse weed;
15. Burdock;
16. Ragweed;
17. Poison ivy and leafy spurge.
G. Privy Vaults and Garbage Cans. Privy vaults and garbage cans which are not fly-tight.
H. Stagnant Water. All stagnant water in which mosquitoes, flies, or other insects can multiply.
I. Storage of Junk. The open storage of junk, refuse, litter, garbage, scrap, or waste matter, disassembled or damaged motor vehicles, whether awaiting repair or not.
J. Street Pollution. Any use of property which shall cause any nauseous or unwholesome liquid or substance to flow into or upon any street, gutter, alley, sidewalk, or public place within the city.
K. Unburied Carcasses. Carcasses of animals, birds or fowl not intended for human consumption or food which are not buried or otherwise disposed of in a sanitary manner within twenty-four (24) hours after death.
L. Water Pollution. The pollution of any public well or cistern, stream, lake, canal or other body of water by sewage, creamery or industrial wastes or other substances. (Ord. 2863-24 § 2, 2024; Ord. 2608-20 § 2, 2020)
8.32.040 Public nuisances offending morals and decency.
The following are specifically declared to be public nuisances offending morals and decency, but such enumeration shall not be construed to exclude other nuisances offending morals and decency coming within the definition of Section 8.32.020:
A. Disorderly Houses. All disorderly houses, gambling houses, and buildings or structures kept or resorted to for the purpose of gambling, or any drug or criminal gang houses as defined in Sections 823.113(1) and (1)(b), Wisconsin Statutes, and all buildings or structures where the sale, manufacture, or delivery of drug paraphernalia as defined in Section 961.571(1)(a), Wisconsin Statutes, occurs;
B. Any place where gambling in violation of Chapter 945, Wisconsin Statutes, or Section 9.08.050 occurs, or illegal gambling devices are used or stored;
C. Any place where offenses involving intoxicating liquor and fermented malt beverages in violation of Chapter 125, Wisconsin Statutes, or Chapter 5.24 occur;
D. Continuous violation of city ordinances: any place or premises within the city where city ordinances or state laws relating to public health, safety, peace, morals or welfare are openly, continuously, repeatedly and intentionally violated;
E. Any place where controlled substances are possessed, manufactured, or delivered or drug paraphernalia is possessed in violation of Chapter 961, Wisconsin Statutes;
F. Establishment Violating Laws Related to Obscenity. Any place or premises within the city where acts prohibited by the laws related to obscenity and related offenses set forth in Sections 944.20 through 944.34, Wisconsin Statutes, occur. (Ord. 2863-24 § 3, 2024; Ord. 2608-20 § 3, 2020; prior code § 10.04)
8.32.050 Public nuisances affecting peace and safety.
The following are specifically to be declared public nuisances affecting peace and safety, but such enumeration shall not be construed to exclude other nuisances offending morals and decency coming within the definition of Section 8.32.020:
A. Illegal buildings: all buildings erected, repaired or altered in violation of the provisions of the ordinances of the city relating to materials and manner of construction of buildings and structures within the city;
B. Obstruction of intersections: all trees, hedges, billboards or other obstructions which prevent persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk;
C. Tree limbs: all limbs of trees which project over and less than fourteen (14) feet above any public sidewalk or street or less than ten feet over any other public place;
D. Dangerous trees: all trees which are a menace to public safety;
E. Wires over streets: all wires over streets, alleys or public grounds which are strung less than fifteen (15) feet above the surface thereof;
F. Noisy animals or fowl: the keeping or harboring of any animal or fowl which, by frequent or habitual howling, yelping, barking, crowing or making of other noises, shall greatly annoy or disturb a neighborhood or any considerable number of persons within the city;
G. Obstructions of streets and excavations: all obstructions of streets, alleys, sidewalks or crosswalks and all excavations in or under the same, except as permitted by the ordinances of the city or which, although made in accordance with such ordinances, are kept or maintained for an unreasonable or illegal length of time after the purpose thereof has been accomplished, or do not conform to the permit;
H. Unlawful assembly: any unauthorized or unlawful use of property abutting on a public street, alley or sidewalk or of a public street, alley or sidewalk which causes large crowds of people to gather obstructing traffic and free use of the streets or sidewalks;
I. Flammable liquids: repeated or continuous violations of the ordinances of the city or laws of the state relating to the storage of flammable liquids;
J. Dangerous Signs and Billboards. All signs, billboards, awnings, and other similar structures over or near streets, sidewalks, public grounds, or places frequented by the public, so situated, constructed, or maintained as to endanger the public safety;
K. Unauthorized Traffic Signs. All unauthorized signs, signals, markings, or devices placed or maintained upon or in view of any public highway or railway crossing which purport to be or may be mistaken as official traffic control devices or railroad signs or signals or which, because of their color, location, brilliance, or manner of operation, interfere with the effectiveness of any such device, sign, or signal;
L. Dilapidated Buildings. All buildings or structures so old, dilapidated, or out of repair as to be dangerous, unsafe, unsanitary, or otherwise unfit for human use;
M. Blighted Buildings and Premises. Premises existing within the city which are blighted because of faulty design or construction, failure to maintain them in a proper state of repair, improper management, or due to the accumulation thereon of junk or other unsightly debris, unsound structures, and other items which depreciate property values and jeopardize or are detrimental to the health, safety, enjoyment of property, or welfare of the people of the city;
N. Any place where harassment as defined in Section 947.013, Wisconsin Statutes, occurs;
O. Any place where disorderly conduct as defined in Section 947.01, Wisconsin Statutes, occurs;
P. Any place where cruelty to animals as defined in Section 6.04.020 occurs;
Q. Any place where theft as defined in Section 943.20, Wisconsin Statutes, occurs;
R. Any place where arson as defined in Section 943.02, Wisconsin Statutes, occurs;
S. Any place where robbery as defined in Section 943.32, Wisconsin Statutes, occurs;
T. Any place where receiving or concealing stolen property as defined in Section 943.34, Wisconsin Statutes, occurs;
U. Any place where offenses against life and bodily security as enumerated in Sections 940.01 to 940.32, Wisconsin Statutes, except as provided in Section 8.32.020(B), occur;
V. Any place where offenses involving illegal possession or use of firearms as defined in Chapter 941 and Section 948.60, Wisconsin Statutes, or discharge of firearms as provided in Section 9.28.010 occur;
W. Any place where trespass to land as defined in Section 943.13, Wisconsin Statutes, or criminal trespass to dwelling as defined in Section 943.14, Wisconsin Statutes, occurs;
X. Any place where loitering as defined in Chapter 9.24 occurs;
Y. Any place where offenses involving tobacco products or electronic cigarettes in violation of Chapters 5.14 and 9.05 occur;
Z. Any place where misuse of emergency telephone numbers as provided in Section 9.08.030 occurs;
AA. Any place where illegal sale, discharge, or use of fireworks as set forth in Chapter 8.20 occurs;
BB. Any place where excessive noise occurs in violation of Section 9.08.100;
CC. Any place where false alarms occur in violation of Section 9.08.020;
DD. Any place where external alarm bells sound continuously for more than five minutes;
EE. Any place where burning occurs in violation of Chapter 8.36. (Ord. 2863-24 § 4, 2024; Ord. 2608-20 § 4, 2020; prior code § 10.05)
8.32.060 Abatement of public nuisances.
A. Enforcement. City officials are responsible for enforcing this chapter as appropriate to their office. Enforcement requires periodic, or upon complaint, inspections. No City official may undertake abatement procedures without inspection.
B. Abatement. If the City official determines that a public nuisance exists which is a great and immediate danger to the public health and safety, the City official may, without notice or hearing, issue an order requiring immediate action be taken, as they deem necessary, to abate the nuisance. Notwithstanding any other provisions of this chapter, the order shall be effective immediately and any person to whom such order is directed must comply with the order immediately. For all other nuisances, the City official, after consultation and approval of the City Attorney, may issue an order to remove or abate the public nuisance within 10 days.
C. Orders and Notices.
1. Contents. Orders and notices must be written and contain the legal description or street address of the premises; a description of the nuisance activities at the premises; a statement that if the City abates the nuisance the cost of abatement will be assessed as a special charge against the property; a statement that the property owner must within 10 days’ service of the notice abate the nuisance, propose a plan to abate the nuisance activities, or file an appeal with the City Clerk under Section 8.32.080.
2. Service. The City must serve notice and orders by certified mail to the property owner’s or registered agent’s last known address or principal office, or in person to the property owner. If the property is leased and the nuisance originates due to a tenant’s activities or leased area, the City must also send a notice and order by certified mail to the tenant at their last known address or principal office, if the City is aware of the tenant’s identity and tenancy. If the property owner is unable to be served, the City must post the notice or order on the property and publish the designation as a Class I notice. Any time frame for compliance begins upon posting.
D. Compliance. If nuisances are not abated as directed in the order or notice, the City official or their designee or a City agent may enter upon the premises and abate the nuisance, and the City shall recover the expenses incurred by billing the property owner and/or tenant, if applicable, jointly and severally, and placing the expenses on the property tax roll as a special charge if said expenses are not paid within 30 days.
E. Other Methods Not Excluded. Nothing in this chapter shall be construed as prohibiting public nuisance abatements by the City in accordance with State law or other parts of the Brookfield Municipal Code. Where the provisions of this chapter conflict with another section of the Brookfield Municipal Code, the more stringent provision shall apply.
F. Court Order. Except when great and immediate danger to the public health and safety is present or a violation of Section 8.32.050(DD) occurs, a City official may not use force to obtain access to private property to abate a public nuisance, but must request permission if such premises are occupied and, if denied, shall apply to any court having jurisdiction for an order granting access to the property to abate the nuisance. For Section 8.32.050(DD) violations, the Police Department is authorized to abate such nuisance by resetting or disconnecting the same, if possible or necessary, and to enter in or upon the property to do so. (Ord. 2863-24 § 5, 2024)
8.32.065 Chronic public nuisance.
A. Whenever a City official identifies a chronic public nuisance, they may, after consultation and approval of the City Attorney, issue a written notification of such designation to the property owner and that they may be required to pay the cost of the City’s enforcement efforts, including staff time, equipment, and materials, to abate the nuisance. If the property is leased and the nuisance originates due to a tenant’s activities or leased area, the City must also send a notice and order by certified mail to the tenant at their last known address or principal office, if the City is aware of the tenant’s identity and tenancy.
B. The chronic public nuisance notice must be sent in the same manner as in Section 8.32.060(C).
C. Upon receipt of the notice, the property owner and/or tenant, if applicable, has 10 days to submit to the City a written abatement plan the property owner and/or tenant, if applicable, will take in response to the notice or file an appeal as set forth in Section 8.32.080.
D. The City official who issued the notice will review the written abatement plan, and accept, suggest modifications, or reject the proposed plan in writing.
E. Property owners and/or tenants, if applicable, have 45 days to implement the accepted or City official modified plan. If the property owner and/or tenant completes the plan within 45 days, the City will not bill the property owner for its enforcement costs under this section. If the chronic public nuisance activity continues beyond the 45 days, the City official may request that the property owner and/or tenant modify the accepted written plan or notify them that the accepted written plan is insufficient and, therefore, terminated and the property owner and tenant, jointly and severally, are now required to pay future City enforcement costs.
F. Whenever a property is identified as a chronic public nuisance, and a City official, in consultation with the City Attorney, determines that an additional nuisance activity has occurred at that property, the appropriate City official may calculate the cost of enforcement and track employee enforcement time for the nuisance activity and refer that information to the Finance Department to bill the property owner and/or tenant, jointly and severally, for the cost as a special charge, pursuant to Section 66.0627, Wisconsin Statutes, when one of the following circumstances applies:
1. The additional nuisance activity has occurred at least 13 days after the chronic public nuisance notice has been served and the property owner and/or tenant, if applicable, failed to appeal; submit a written abatement plan in the time frame required; proposed a plan that the City rejected, or the City terminated the written plan.
2. Forty-six days after the City accepts a proposed abatement plan and the property owner and/or tenant, if applicable, fails to properly complete the accepted plan.
3. The Administrative Review Board affirms the chronic nuisance premises determination if an appeal was timely filed.
G. The City official shall notify the property owner and/or tenant, if applicable, in writing in the same manner as set forth in subsections (A) and (B) of this section when the situation has met one of these conditions and refer the enforcement costs and employee enforcement time to the Finance Department to bill the property owner and/or tenant, if applicable, for the cost as a special charge and the City Attorney for enforcement.
H. A chronic public nuisance designation expires one year after the notice was served or after the Administrative Review Board affirms the chronic public nuisance determination, whichever occurs later; or the date the City official confirms that the property owner and/or tenant, if applicable, successfully completed the abatement plan. Chronic public nuisance designations may be extended for another year if two nuisance activities occur at the property within 180 days prior to the expiration date. The City official shall notify the property owner and/or tenant, if applicable, as set forth in subsections (A) and (B) of this section of the decision to renew the chronic nuisance premises designation. (Ord. 2863-24 § 6, 2024)
8.32.070 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 city 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)
8.32.080 Alarm bells.
Repealed by Ord. 2863-24. (Prior code § 10.08)
8.32.085 Appeal.
A. Property owners and/or tenants, if applicable, may appeal the initial designation of their property as a public nuisance, chronic public nuisance, additional nuisance activities, or extension of the designation as a chronic public nuisance, but not the costs imposed under this chapter, to the Administrative Appeals Board and must utilize the procedure set forth in Section 2.08.080. The appeal must be filed within 10 days of receipt.
B. The City elects not to be governed by Chapter 68, Wisconsin Statutes, for any notice or order issued pursuant to this chapter. (Ord. 2863-24 § 8, 2024)
8.32.090 Penalty for violation of this chapter.
Any person, firm, partnership, or corporation who violates any part of this chapter shall be subject to the penalty and enforcement provisions in Chapter 1.12. Each occurrence of a nuisance activity constitutes a separate offense, with each day the nuisance exists constituting a separate offense. (Ord. 2863-24 § 9, 2024; Ord. 2552-19 § 30, 2019: prior code § 10.15)