Chapter 8.25
PUBLIC NUISANCES
Sections:
Article I. Public Nuisances
8.25.020 Abrogation and greater restrictions.
8.25.040 Public nuisances prohibited.
8.25.060 Public nuisances affecting health.
8.25.070 Public nuisances affecting peace and safety.
8.25.080 Junked and abandoned vehicles.
8.25.090 Abatement of public nuisances.
Article II. Noxious Weeds
8.25.120 Noxious weeds defined.
8.25.130 Destruction of noxious weeds required.
8.25.140 Notice of abatement by town – Costs.
Article I. Public Nuisances
8.25.010 Purpose and intent.
The purpose of this article is to promote the health, safety, and general welfare of the town, and it is the general intent of this article to identify and control public nuisances within the town. [Ord. dated 8/31/2011 § 1. Code 2002 § 8-1.]
8.25.020 Abrogation and greater restrictions.
It is not intended by this article to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations or permits previously adopted or issued pursuant to law. However, wherever this article imposes greater restrictions, the provisions of this article shall govern. [Ord. dated 8/31/2011 § 1. Code 2002 § 8-2.]
8.25.030 Interpretation.
In its interpretation and application, the provisions of this article shall be liberally construed in favor of the town and shall not be construed to be a limitation or repeal of any other power granted by the Wisconsin Statutes except as expressly set forth herein. [Ord. dated 8/31/2011 § 1. Code 2002 § 8-3.]
8.25.040 Public nuisances prohibited.
No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the town of Richmond. [Ord. dated 8/31/2011 § 1. Code 2002 § 8-4.]
8.25.050 Definitions.
“Accumulation of litter, rubbish, or debris” shall mean accumulating or allowing the accumulation outside of a building or accessory structure of waste matter, litter, refuse, rubbish, lumber, pallets, metal scraps, machine parts, discarded or nonfunctioning appliances, accessories, furniture, or other material which presents a blighted appearance on the affected property.
“Adulterated food” shall mean all decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public.
“Breeding places for vermin” shall mean accumulations of decayed or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, scrap metal, or any material whatsoever in which flies, mosquitoes, disease-carrying insects, rats or vermin breed.
“Dilapidated buildings” shall mean all buildings or structures so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human use.
“Disassembled, inoperable, junked or wrecked motor vehicles” shall mean motor vehicles or parts thereof incapable of propulsion or being operated upon the public streets or highways.
“Exposed pits, wells, excavations and unused basements” shall mean all open or underground pits, wells, excavations or unused basements freely accessible from any public street, alley or sidewalk.
“Illegal buildings” shall mean all buildings erected, repaired or altered within the town in violation of the provisions of RMC Title 15 relating to materials and manner of construction of buildings and structures within the town.
“Low-hanging wires over streets” shall mean all wires over streets, alleys, or public and private grounds which are strung less than 15 feet above the surface thereof.
“Motor vehicle” shall mean a motor vehicle as that term is defined in Wis. Stats. Section 340.01(35) as that subsection exists on the date of enactment of the ordinance codified in this article.
“Nonfunctioning appliance” shall mean any stove, washer, dryer or refrigerator which is no longer operable in the manner for which it was manufactured, and which is stored outside of an enclosed structure.
“Noxious odors” shall mean any use of property, substances or things within the town 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.
“Noxious weeds” shall mean all weeds defined as noxious weeds under Wisconsin law or under Article II of this chapter.
“Obstructing tree limbs” shall mean all limbs of trees which project over any public sidewalk, street, or other public place and present a safety hazard.
“Obstruction of intersections” shall mean the placement of trees, hedges, billboards or other obstructions which prevent persons driving vehicles in public streets, alleys or highways from obtaining a clear view of the road signs or traffic when approaching an intersection or pedestrian crosswalk, including, but not limited to, any such obstruction which falls within a vision clearance triangle extending 25 feet horizontally along a street line from an intersection and within a vertical clearance of six feet.
“Pollution” shall mean any use of property which causes any nauseous or unwholesome liquid, chemical waste or substance to flow into or upon any street, gutter, alley, sidewalk, body of water, or public place within the town.
“Public nuisance” shall mean any thing, act, occupation, 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;
(2) Render the public insecure in life or use of property;
(3) Unlawfully or substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way or the use of public property.
“Recreational vehicle” shall mean a vehicle or piece of equipment that can be towed, hauled, carried or driven, that is designed to be transported on a highway and used as a temporary living accommodation for recreational camping travel use, including, but not limited to, travel trailers, truck campers, tent trailers, and self-propelled motor homes.
“Stagnant water” shall mean all stagnant water in which flies, mosquitoes, or disease-carrying insects may breed.
“Unauthorized use of property abutting a public way” shall mean any authorized or unlawful use of property abutting on a public street, alley or sidewalk or of a public street, alley or sidewalk which causes people to gather so as to obstruct traffic and free use of the street or sidewalk.
“Unburied carcasses” shall mean 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 24 hours after death.
“Unlawful obstructions and excavations of streets” shall mean all obstructions of streets, alleys, sidewalks or crosswalks and all excavations in or under the same, except as otherwise permitted by the town of Richmond, Walworth County or state of Wisconsin or which, although made in accordance with an otherwise lawful permit, are kept or maintained for an unreasonable or illegal length of time after the purpose thereof has been accomplished.
“Unlawful use of fireworks” shall mean all use or display of fireworks except as permitted by the laws of the state of Wisconsin and the RMC.
“Unlawful use of flammable liquids” shall mean repeated or continuous violations of the ordinances or laws relating to the storage of flammable liquids.
“Unlicensed,” when used in relation to motor vehicles, truck bodies, tractors or trailers, shall mean motor vehicles, truck bodies, tractors, or trailers which do not bear lawful license plates.
“Unsecured abandoned wells” shall mean all abandoned wells not securely covered and secured from public use. [Ord. dated 8/31/2011 § 1. Code 2002 § 8-5.]
8.25.060 Public nuisances affecting health.
The following acts, omissions, places, things and conditions are hereby specifically declared to be public nuisances affecting health, but such enumeration is not to be construed to exclude other health-related nuisances within the definition of public nuisances as defined under this article:
(a) Adulterated food.
(b) Breeding places for vermin.
(c) Pollution.
(d) Stagnant water.
(e) Unburied carcasses. [Ord. dated 8/31/2011 § 1. Code 2002 § 8-6.]
8.25.070 Public nuisances affecting peace and safety.
The following acts, omissions, places, conditions and things are hereby specifically declared to be public nuisances affecting peace and safety, but such enumeration shall not be construed to exclude other nuisances affecting peace and safety within the definition of public nuisances as defined under this article:
(a) Accumulation of litter, rubbish, or debris.
(b) Noxious weeds.
(c) Dilapidated buildings.
(d) Obstructing tree limbs.
(e) Disassembled, inoperable, junked or wrecked motor vehicles.
(f) Obstruction of intersections.
(g) Unauthorized use of property abutting a public way.
(h) Exposed pits, wells, excavations and unused basements.
(i) Unlawful obstructions and excavation of streets.
(j) Illegal buildings.
(k) Low-hanging wires over streets.
(l) Unlawful use of fireworks.
(m) Nonfunctioning appliances.
(n) Unlawful use of flammable liquids.
(o) Noxious odors.
(p) Unsecured abandoned wells. [Ord. dated 8/31/2011 § 1. Code 2002 § 8-7.]
8.25.080 Junked and abandoned vehicles.
(a) Junked Vehicles and Related Items. No more than one disassembled, inoperable, unlicensed, junked, or wrecked motor vehicle, truck body, tractor, trailer, recreational vehicle, or appliance shall be placed outside of an enclosed building upon any single parcel of public or private property within the town for a period exceeding five days if upon public property, or for a period exceeding 30 days if upon private property unless otherwise expressly permitted under applicable zoning laws. Any such vehicle shall be deemed a public nuisance.
(b) Abandoned Vehicles. No person shall permit an unattended motor vehicle, trailer, semi-trailer or mobile home to be parked on any public street, highway, alley or public or private property, for such time and under such circumstances as to cause the vehicle to reasonably appear abandoned. Any such unattended vehicle shall be deemed a public nuisance. When any such vehicle has been left unattended on any street or highway or on any public or private property within the town without the permission of the owner of the property for a period of more than 72 hours, the vehicle shall be deemed abandoned and shall be deemed to constitute a public nuisance. [Ord. dated 8/31/2011 § 1. Code 2002 § 8-8.]
8.25.090 Abatement of public nuisances.
(a) Inspection of Premises. Whenever the town chairperson receives a complaint that a specific nuisance exists within the town, he or she shall promptly notify the town board, who shall forthwith cause the offending premises to be inspected and, whenever practical, shall have photographs and/or recordings of the nuisance made and filed in the office of the town clerk.
(b) Summary Abatement.
(1) Notice to the Owner. If the town board or building inspector determine that a public nuisance exists and that there is great and immediate danger to the public health, safety, or peace, the town chairperson may serve or direct the town attorney to serve notice on the person causing, permitting or maintaining such nuisance or the owner or occupant of the premises to abate or remove such nuisance within a time period to be determined. Said notice shall state that, unless such nuisance is so abated, the town will cause the same to be abated and will charge the costs thereof to the owner, occupant or person causing, permitting or maintaining the nuisance, as the case may be, and that the costs of abatement may be assessed against the real estate as a special charge.
(2) Abatement by Town. If the nuisance is not abated within the time provided or if the owner, occupant or person causing the nuisance cannot be found, the town board shall cause the abatement or removal of such public nuisance.
(c) Abatement by Court Action. If the town board or building inspector determines that a public nuisance exists but that summary abatement is not necessary, a written report of the findings shall be submitted to the town chairperson, who may cause action to abate such nuisance to be commenced in the name of the town in accordance with the Wisconsin Statutes.
(d) Other Methods Not Excluded. Nothing in this article shall be construed as prohibiting the abatement of public nuisances by the town in accordance with the laws of the state of Wisconsin.
(e) Cost of Abatement. In addition to any other penalty imposed by this article for the erection, contrivance, creation, continuance or maintenance of a public nuisance, the cost of abating a public nuisance by the town 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 provided the person assessed has first been given notice of the amount of the debt and an opportunity to appear before the town board to contest the special assessment of the debt. [Ord. dated 8/31/2011 § 1. Code 2002 § 8-9.]
8.25.100 Violation – Penalty.
(a) First Offense – Penalty. Any person who shall violate this article shall, upon conviction thereof, forfeit not less than $50.00 nor more than $500.00, together with the cost of prosecution and any applicable assessments, and in default of payment shall be imprisoned in the county jail until said forfeiture, costs and assessment are paid, but not exceeding 90 days. Each day of continued violation shall be considered a separate offense.
(b) Second Offense – Penalty. Any person who shall violate any provision of this article who has previously been convicted of a violation of the same provision shall upon conviction thereof forfeit not less than $100.00 nor more than $1,000 for each such offense, together with the costs of prosecution and any applicable assessments, and in default of payment shall be imprisoned in the county jail until such forfeiture, costs and assessment of prosecution are paid but not to exceed 90 days. Each day of continued violation shall be considered a separate offense.
(c) Assessment to Property Owner. In all cases in which the town board or its representatives take action to abate, remove or stop a public nuisance under this article, including, but not limited to, the removal, impounding and disposal of vehicles and equipment, the sums expended in accomplishing such removal shall be a lien on the real estate from which such nuisance is removed, in the same manner as any tax upon real estate. The town clerk shall certify the description of such property, and the cost of such removal, and the clerk shall include the same in the annual schedule of land subject to special taxation. Payment of costs made a lien hereunder shall be enforced in like manner as a special tax upon real estate levied and collected in the town of Richmond. [Ord. dated 8/31/2011 § 1. Code 2002 § 8-10.]
Article II. Noxious Weeds
8.25.110 Statutory authority.
(a) Wis. Stats. Section 66.96 requires every person to destroy all noxious weeds on all lands which the person owns, occupies or controls.
(b) Wis. Stats. Section 66.96(2) specifically allows the governing body of any municipality to classify weeds as noxious within its boundaries, and thereby require the removal thereof. [Code 2002 § 54-31.]
8.25.120 Noxious weeds defined.
The following are hereby declared to be noxious weeds within the boundaries of the town: Canada Thistle, Perennial Sow Thistle, Bull Thistle, Musk Thistle, Leafy Spurge, Field Bindweed (Creeping Jenny), Yellow Rocket, Wild Hemp (Marijuana), Yellow Mustard, Wild Radish, and Buckhorn Bush. [Code 2002 § 54-32.]
8.25.130 Destruction of noxious weeds required.
All such noxious weeds shall be destroyed as provided in Wis. Stats. Section 66.96. The term “destroy” means the complete killing of weeds or the killing of weed plants above the surface of the ground by the use of chemicals, cutting, tillage, cropping system, pasturing livestock, or any or all of these in effective combination, at such time and in such manner as will effectually prevent such plants from maturing to the bloom or flower stage. [Code 2002 § 54-33.]
8.25.140 Notice of abatement by town – Costs.
After first giving five days’ written notice by mail to the owner or occupant, the weed commissioner is authorized by law to enter lands upon which any noxious weeds are growing and cause them to be destroyed. The costs thereof are chargeable to the tract of land in the next tax roll pursuant to Wis. Stats. Section 66.98. [Code 2002 § 54-34.]