Title 8 HEALTH AND SAFETY
Chapter 8.08 PUBLIC NUISANCES
8.08.040 Abatement of public nuisances.
A. Enforcement. It shall be the duty of the chief of police,
the chief of the volunteer fire department, the building inspector and health
officer to enforce those provisions of this chapter that come within the
jurisdiction of their offices and they shall make periodic inspections and
inspections upon complaint to insure 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 that a nuisance does in
fact exist.
B. Summary Abatement.
1. Notice to Owner. If the inspecting officer determines that
a public nuisance exists within the city and that there is great and immediate
danger to the public health, safety, peace, morals or decency, the mayor 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 the
notice on the premises. Such notice shall direct the person causing, permitting
or maintaining such nuisance or upon the owner or occupant of the premises to
abate or remove such nuisance within twenty-four (24) hours and shall state that
unless such nuisance is so abated, the city will 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 City. 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
determines 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 shall file a written report
of his findings with the mayor, who, upon direction of the common council, shall
cause an action to abate such nuisance to be commenced in the name of the city
in the circuit court in accordance with the provisions of Chapter 823, Wisconsin
Statutes.
D. Other Methods Not Excluded. Nothing in this chapter shall
be construed as prohibiting the abatement of public nuisances by the city or its
officials in accordance with the laws of the state of Wisconsin. (Prior code
§ 9-1-4)