ORD1995880ORDINANCE #a80
AN ORDINANCE TO AMEND CHAPTER 10, SECTIONS 10.06(11) AND 10.07(3)
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEG0
(Public Nuisances)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY,
WISCONSIN, DO ORDAIN AS FOLLOWS:
SECTION 1: Chapter 10, Section 10.06(11) of the Municipal Code of
the City of Muskego, Wisconsin, is hereby amended to read as
follows:
(11) Obstructions of Streets and Excavations. (a) All
obstructions of streets, alleys, sidewalks or crosswalks or
bike paths, 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. (b) No person shall undertake any
activity, resulting in the placement of mud, dirt, clay,
alley, sidewalk, or bike path within the City, which creates
sediment or other similar substance upon any street, gutter,
alley, sidewalk, or bike path.
a condition hazardous to others using the street, gutter,
SECTION 2: Chapter 10, Section 10.07(3) of the Municipal Code of
the City of Muskego, Wisconsin, is hereby amended to read as
follows:
(3) Abatement After Notice. (a) If the inspecting officer
determines that a public nuisance exists on public or
private premises, but that the nature of such nuisance is
public health, safety, peace, morals or decency, he may
not such as to threaten great and immediate danger to the
serve notice on the person causing or maintaining the
nuisance to remove the same within ten (10) days. If such
proper officer shall issue a citation to the person causing,
nuisance is not removed within said ten (10) days, the
permitting or maintaining the nuisance. If the person
causing, permitting, or maintaining the nuisance is found
guilty on the citation, the Court shall order the City to
abate the nuisance, and the City shall charge the cost
thereof to the owner, occupant or person causing, permitting
or maintaining the nuisance, as the case may be. If a
person has previously received a notice to abate a nuisance
within the immediately preceding 12 month period, and a
or similar nuisance, the proper officer may issue a citation subsequent inspection indicates the presence of an identical
for a violation of this ordinance, without ten (10) days
notice to the person causing, permitting, or maintaining the
nuisance. (b) EXCEPTION: Mud, dirt, clay, sediment or
Ordinance #E80
Page 2
other similar substance placed upon any street, gutter,
alley, sidewalk, or bike path within the City, may result in
the immediate issuance of a citation to the person
responsible for the placement of said materials. In the
event the person who placed the materials cannot be
determined, and it is possible to trace the materials back
to a particular job site, the general contractor and/or
property owner may be cited for the violation and held
responsible for the required cleanup.
be severable. If any section or portion thereof shall be declared
SECTION 3: The several sections of this ordinance are declared to
by a decision of a court of competent jurisdiction to be invalid,
unlawful, or unenforceable, such decision shall apply only to the
decision, and not affect the validity of all other provisions,
specific section or portion thereof directly specified in the
sections, or portion thereof of the ordinance which shall remain
in full force and effect. Any other ordinance whose terms are in
conflict with the provisions of this ordinance are hereby repealed
as to those terms that conflict.
SECTION 4: This ordinance shall be in full force and effect. from
and after its passage and publication.
PASSED AND APPROVED THIS 12TH DAY OF DECEMBER , 1995.
ATTEST :
LX%A
K. Marenda, City Clerk
First Reading 11/14/95
Deferred 11/28/95
Published on the 21st day
of December, 1995.
11/95jmb
STATE OF WISCONSIN )
Milwaukee County )
) ss.
Official Notice
THE MLMICJPAL CODE OF THE CITY OF 10. SECTIONS 10.06(11) AND 10.07(3) OF
MUSKEG0
THE COMMON COUNCIL OF THE CITY
(Public Nuisances)
OF MUSKEGO. WAUKESHA COUNTY. WIsCoNsIN~Do ORDAIN AS FOLWWS:' SECTION 1: Chapter 10. Seetion 10.06(11)
oftheMunici~alCodeoftheCityofMuskeao,
Wisconsin, is hereby amended to read-as
follows:
tions. (a) AU obstructions of streets, alleys,
(11) Obstructions of Streets and Exeeva-
sidewalksorcmsswalksorbikepaths,andaU
excavations in or under the 'same, except.ns
permitted by the ordinances of the City or
which although made in accordance with
such ordinances, are kept or maintained for
anunreesonableorillegallengthoftimeaRer
the purpose thereof has been accomplished.
or do not wnform to the permit. (b) No person
shall undertake any activity, resulting in the
placement of mud, dirt, day. Bediment or
other siqilir substance upon any street. gut-
ter. alley. sidewalk,~or bike path yithin the
others Using the street, gutter. alley. sidew-
.. City, which creates a wndition hazardous to -
alk, or bike-path.
ofthe Munid~al Code ofthe Citvof Muskeeo,
SECTION 2: Chapter 10. Section 10.07(3)
Wisconsin, is hereby amended ta read-as
follows:
specting officer determines that a public nui-
(3) Abatement ARer Notice. (a) If the in-
sane exists on public or private premises,
but that.the nature of such nuisance is not
such as to threaten great and immediate dan-
ger to the public health, safety. peace, morals
or decency, he may serve notice on theperson
causing.or maintaining the nuisance to re-
move the same within ten (10) days. If such
nuisance is not removed within said ten (10)
days. the proper officer shall issue a citation
to the person ceusing. permitting or main-
taining the nuisance. If the person causing,
permitting, or maintai+g the nuisance is
found guilty,on'the citation, the Court shall
order the City to abate the nuisance. and the
City shall charge the mat thereof to the
owner, occupant or person causing, permit-
ting or maintaining the nuisance. 88 the case
notice to abate a nuisance within the immedi-
may be, If a person has previously received a
etely preeeding 12 month period, and a subse-
quent inspection indicates the presence of an
identical or similar nuisance, the proper of-
ficer may issue a citation for a violation of tis
ordinance, without ten (10) days notice to the
person causing, permitting. or maintaining
the nuisance. (b) EXCEPTION Mud, dirt,
clay, sediment:or other similar substance
placed upon any street, gutter, alley..nidew-
ak, or bikepath within the City, may result
in the immediate issuance of a citation to the
person responsible for the placement of said
the materials.cannot be determined. and it is
materials. In the event the person who placed
poesible to trace the materials back to a parti-
cular job site, the general contractor andlor
property owner may be cited for the violation
and held respodsible for the required
cleanup.
........ ....
..... . I ... ,~ .......
Li-TC ** 1995
..... .... . :
............
... ........
BOOKKEEPER,
v My Commission expires
oplinance nre declared to be severable. If gny
SEC%ION 3: The .several sections of this
section or portion thereofehall be declared by
a decisionofa eourtofeompetentjruisdiction
to be invalid. unlawful, or unenforceable,
section or portion thereoEdirectlyspeeified
such decision shall apply only to the specific
the decision. and not af€ek~e~.vdid&af ell
of the ordinance wkh shall re&.in full
terms are in conflict with the provisions of
force and effect Any other ordinance whose
thisordinance areherebyrepealedas to those terms that conflict.
SECTION 4: This ordinance shall be in full
force and effect fmm and alter its passage and publication.
PASSED AND APPROVED THIS
12TH DAY OF DECEMBER. 19%
othar puisiorrs; "Cthd; m Won-tbepf ..
CIlYOF MUSKECO
David L. De Angelis, Mayor A'lTEST:
la! Jean-k Marenda
City Clerk
1U95jmb
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #E80
AN ORDINANCE TO AMEND CHAPTER IO, SECTIONS 10.06(11) AND 10.07(3)
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Public Nuisances) \ THE COMMON COUNCIL OF THF CITY OF MUSKEGO, WAUKESHA COUNTY,
WISCONSIN, DO ORDAIN AS FOLLOWS:
SECTION 1: Chapter 10, Sectlon 10.06(11) of the Municipal Code of
the City of Muskego, Wiscorkin, is hereby amended to read as
follows:
(11) Obstructions of Street and Excavations. (a) All
\.
\
obstructions of street>\ alleys, sidewalks, crosswalks, bike
paths, and all excavatio s in or under the same, except as
permitted by the ordinan 3 es of the City or which, although
made in accordance with s ch ordinances, are kept or
maintained for an unreason ble or illegal length of time
after the purpose thereof h s been accomplished, or do not
conform to the permit. (b) \ No person shall undertake any
activity, resulting in the p dirt, clay,
alley, sidewalk, or bike pat , which creates
sediment or other similar su street, gutter,
a condition hazardous to 0th eet, gutter,
alley, sidewalk, or bike path. 0
SECTION 2: Chapter 10, Section 10 icipal Code of
the City of Muskego, Wisconsin, is her amended to read as
follows :
(3) Abatement After Notice. (a) g officer shall
determine that a public nuis blic or private
premises, but that the natur e is not such
as to threaten great and imm
health, safety, peace, morals or decen
remove the same within ten (
notice on the person causing he nuisance to
shall issue a citation to the person cau
maintaining the nuisance. If the person
permitting, or maintaining t
the citation, the Court shal
owner, occupant or person causing, permitting or maintaining
nuisance, and the City shall charge the cost thereof to the
the nuisance, as the case may be. If a person has
previously received a notice to abate a nuisance within the
immediately preceding 12 month period, and a subsequent
inspection indicates the presence of an identical or similar
nuisance, the proper officer may issue a citation for a
violation of this ordinance, without ten (10) days notice to
the person causing, permitting, or maintaining the nuisance.
substance placed upon any street, gutter, alley, sidewalk,
(b) EXCEPTION: Mud, dirt, clay, sediment or other similar
or bike path within the City, may result in the immediate
0
Ordinance #880
Page 2
.issuance of a citation to the person responsible for the
placement of said materials. In the event the person who
placed the materials cannot be determined, and it is
possible to trace the materials back to a particular job
site, the general contractor and/or property owner may be
cited for the violation and held responsible for the
required cleanup.
be severable. If any section or portion thereof shall be declared
SECTION 3: The several sections of this ordinance are declared to
by a decision of a court of competent jurisdiction to be invalid,
unlawful, or unenforceable, such decision shall apply only to the
decision, and not affect the validity of all other provisions,
specific section or portion thereof directly specified in the
sections, or portion thereof of the ordinance which shall remain
in full force and effect. Any other ordinance whose terms are in
conflict with the provisions of this ordinance are hereby repealed
as to those terms that conflict.
SECTION 4: This ordinance shall be in full force and effect from
and after its passage and publication.
PASSED AND APPROVED THIS DAY OF , 1995.
CITY OF MUSKEG0
David L. De Angelis, Mayor
ATTEST :
Jean K. Marenda, City Clerk
First Reading 11/14/95
Deferred 11/28/95
Published on the
of
- day , 1995.
11/95jmb