§ 34-29. Same—Abatement.

(a)

Inspection of premises. Whenever complaint is made to the village police department that a public nuisance exists within the village, either received verbally or in writing, the police department zoning inspector shall, within 72 hours of receipt of said complaint, inspect the premises complained of. The police department zoning inspector shall create a written report of his/her findings and shall cause photographs of nuisance taken.

(b)

Summary abatement. Summary abatement shall be executed as follows:

(1)

Notice to owner. If the police department zoning inspector determines 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 police department zoning inspector shall 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 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 police department zoning inspector will cause the nuisance 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 police zoning inspector. If the nuisance caused is not abated within the time provided, or if the owner, occupant or person causing the nuisance cannot be found, the police department zoning inspector shall issue a citation for the violation of this section and then shall cause the abatement or removal of such public nuisances.

(c)

Abatement by court or village police zoning inspector. If the police department zoning inspector determines that a public nuisance exists on private premises, but that such nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals or decency, he/she shall file a written report, inclusive of all photographs, sent notices and related materials relative to the public nuisance investigative actions at the police department to be kept on file. The village police inspector shall then have two options:

(1)

The police department zoning inspector shall then issue a citation and then shall cause the abatement or removal of such public nuisance. Upon abating the nuisance, the charge for the cost thereof shall be the responsibility of the owner, occupant, or person causing, permitting, or maintaining, the nuisance, as the case may be. The cost shall be billed through the village clerk's office. This action shall be taken pursuant to section 34-29(b)(2).

(2)

Forward a written report to the village president who shall cause an action to abate such nuisance be commenced in the name of the village in the county or county circuit court in accordance with the provisions of W.S.A., ch. 823.

(d)

Other methods not excluded. Nothing in this article shall be construed as prohibiting the abatement of public nuisances by the village or its officials in accordance with the laws of the state.

(Code 1966, § 16.03; Ord. No. 823, § I, 9-15-09)