Please note that this is a partial list of ordinances. The complete ordinances are available in the village office.

ORDINANCE 10-5 through 10-10

AN ORDINANCE TO REPEAL AND RECREATE TITLE 10, CHAPTER 5,

OF THE CODE OF ORDINANCES, VILLAGE OF VIOLA, WISCONSIN,

RELATIVE TO ABANDONED AND JUNKED VEHICLES AND APPLIANCES

 Part I.  Sections 10-5-1 through 10-5-10 of the Code of Ordinances, Village of Viola, Wisconsin, are hereby repealed and replaced with the following:

 Sec. 10-5-1  Title and Purpose.

Title and Purpose.  The title of this ordinance is the Village of Viola Abandoned and Junked Vehicle and Appliance Ordinance. The purpose of this ordinance is for the Village to regulate by permit and penalty the abandonment of certain vehicles and the storing of certain junked vehicles and inoperable appliances in the Village.

 Sec. 10-5-2  Authority and State Statutes Adopted.

The provisions of §§ 342.40 and 175.25, Wis. Stats., and the definitions therein, are adopted by reference. State statute shall take precedence should there be any conflict between statute and this chapter. The Village has the specific authority under §§ 342.40 and 175.25, Wis. Stats., and general authority under § 61.34(1), Wis. Stats., to adopt this ordinance.

Nothing in this chapter shall be construed to limit, displace, or supersede the Village's independent authority to commence and prosecute an action to enjoin, abate, or seek damages for a public nuisance under Wisconsin Statute Chapter 823 or the Village's common law and statutory police powers under §§ 61.34 and 66.0628, Wis. Stats. The provisions of this chapter are cumulative with and supplemental to all other legal remedies available to the Village.

 Sec. 10-5-3  Definitions.

Definitions.  The following terms shall be defined as follows in this chapter:

 "Abandoned vehicle" or "stored vehicle" means an unattended vehicle on any real estate located within the corporate limits of the Village, for such time and under such circumstances as to cause the vehicle to reasonably appear to have been abandoned. Whenever any vehicle has been left unattended without the permission of the property owner for more than forty-eight (48) hours, the vehicle is deemed abandoned and constitutes a public nuisance. A vehicle shall not be considered an abandoned vehicle when it is out of ordinary public view, or when designated as not abandoned by a duly authorized municipal or county official pursuant to municipal or county ordinance.

 An "appliance" is any motorized, powered, or engine-driven equipment designed for either indoor household use or outdoor property maintenance. Indoor appliances include, but are not limited to: stoves, ovens, refrigerators, freezers, dishwashers, washing machines, clothes dryers, water heaters, and air conditioners, whether powered by electricity, natural gas, or other energy sources. Outdoor appliances include, but are not limited to: snow blowers, push lawn mowers, tillers, chippers, shredders, leaf blowers, string trimmers, hedge trimmers, edgers, aerators, power rakes, chain saws, and pressure washers, whether powered by gasoline, electricity, battery, or other means of propulsion.

 "Business" means any business enterprise engaged in automotive sales, automotive repair, or other commercial activity involving the storage, maintenance, or display of motor vehicles as part of its regular business operations.

 "Continuous Storage" means the placement or retention of one or more junked, inoperable, unlicensed, or abandoned vehicles or appliances on the same premises for a cumulative period exceeding the time limits established under this ordinance, including but not limited to times in which specific vehicles or appliances are rotated, exchanged, or otherwise substituted during that time.

 "Demolition Derby Vehicle" means a motor vehicle that is modified and maintained for the sole purpose of lawful participation in sanctioned demolition derby events, and which is not used for regular transportation.

 An "inoperable appliance" is any appliance as defined herein that is no longer operable in the sense for which it was manufactured, or is stored outdoors for a period of over five (5) days.

 A "junked vehicle" means a vehicle in a disassembled, dismantled, junked, wrecked or inoperable condition, on any real estate located within the corporate limits of the Village. A vehicle is deemed inoperable if it is no longer operable in the sense for which it was manufactured or is stored outdoors for a period exceeding five (5) days.

 A "motor vehicle" means a vehicle that is subject to regulatory jurisdiction of the Department of Transportation (DOT) and/or the Department of Motor Vehicles (DMV), meaning it is subject to their rules and registration requirements regarding vehicle operation on public roads. See also Sec. 340.01(35), Wis. Stats.

 An "unlicensed/unregistered vehicle, truck body, tractor or trailer" means a vehicle, truck body, tractor or trailer which does not bear lawful current registration plates.

 A "vehicle" means any self-propelled land vehicle, including but not limited to automobiles, trucks, buses, motorized campers, motorcycles, motor scooters, mopeds, tractors, snowmobiles, trailers of all types, mobile homes, lawn tractors, and riding lawn mowers.

 Sec. 10-5-4  Prohibited Acts.

 A.  General Prohibition.  No person, firm, partnership or corporation shall possess any junked, abandoned, or unlicensed/unregistered vehicle, or an inoperable appliance on public or private property within the Village. A motor vehicle shall not be considered a violation of this chapter when it is out of the ordinary public view or when designated as not abandoned or junked by a duly authorized municipal official or when properly permitted pursuant to a permit issued hereunder.

 B.  Business Vehicle Storage Restrictions.  A business may not retain vehicles in the open which are inoperable, unlicensed, junked, or wrecked for a period exceeding three (3) months. After this time period, such vehicle(s) must be properly permitted as approved by the Village pursuant to Section 10-5-8 of this ordinance, or such vehicles must be enclosed within a building or screened from public view by appropriate screening or landscaping approved by the Village.

 C.  Prohibition on Continuous Storage.  Continuous Storage, as defined in Section 10-5-3, is prohibited. For enforcement purposes, the time limits established under this ordinance apply to the premises as a whole, not to individual vehicles or appliances. The burden of proof that vehicle or appliance rotation was not for the purpose of circumventing time limits shall be upon the property owner or occupant.

 Sec. 10-5-5  Impoundment.

 A.  Motor Vehicles.  Whenever any Village law enforcement officer discovers any motor vehicle, trailer, semitrailer, or mobile home on any public highway or private or public property within the Village which has been abandoned or is otherwise in violation of this chapter, the officer shall cause the vehicle to be removed to a suitable place of impoundment. Upon causing removal by a towing service, the officer shall, within 24 hours of ordering removal, notify the towing service of the name and last-known address of the registered owner and all lienholders of record of the vehicle. Any such vehicle shall be impounded until lawfully claimed or disposed of under Section 10-5-7, except that if the Chief of Police determines that the cost of towing and storage charges would exceed the value of the vehicle, the vehicle may be junked, donated to a nonprofit organization, or sold prior to expiration of the impoundment period upon determination by the Chief of Police that the vehicle is not stolen or otherwise wanted for evidence or other reason. All substantially complete vehicles in excess of 19 model years of age shall be disposed of in accordance with Section 10-5-7(A). Upon removal, the vehicle shall be retained in storage for a minimum period of 10 days after certified mail notice has been sent to the owner and lienholders of record, in accordance with Wis. Stat. § 342.40(3)(c).

 B.  Appliances.  Whenever any Village law enforcement officer finds any inoperable appliance in violation of this chapter, the officer shall notify the owner of the property upon which such appliance is located of the Village's intent to remove it. If the appliance is not removed within five (5) days after such notice, the Chief of Police shall cause the appliance to be removed, the cost of removal to be charged to the property from which it is removed and entered upon the tax roll as a special assessment.

 Sec. 10-5-6  Owner Liable for Costs.

The owner of any abandoned, junked or stored vehicle or appliance for which no permit has been issued by the Village Board, except a stolen vehicle or appliance, is responsible for all costs of impounding and disposing of the vehicle or appliance. Costs not recovered from the sale of the vehicle or appliance may be recovered in a civil action by the Village against the owner.

 Sec. 10-5-7  Sale or Disposition.

 A.  Motor Vehicles.  Any impounded motor vehicle, trailer, semitrailer, or mobile home not reclaimed during the impoundment period under Section 10-5-5(A) may be sold or donated to a nonprofit organization. The Village may dispose of such vehicle by sealed bid or auction sale. At such sale, the highest bid shall be accepted unless deemed inadequate by an authorized Village representative, in which event all bids may be rejected. If all bids are rejected or no bid is received, the Village may readvertise the sale, adjourn the sale to a definite date, sell the vehicle at a private sale, junk the vehicle, or donate the vehicle to a nonprofit organization. Notice of any proposed sale shall be posted at the Village Hall and the Village Police Department in the same form as the certified mail notice sent to the owner and lienholders of record. Any listing of vehicles to be sold shall be made available to any interested person or organization upon written request; the Village may charge a reasonable fee for such list. Upon sale of a motor vehicle, the Village shall supply the purchaser with a completed form designed by the Wisconsin Department of Transportation enabling the purchaser to obtain a regular certificate of title for the vehicle. The purchaser shall have 10 days to remove the vehicle from the storage area but shall pay a reasonable storage fee established by the Village for each day the vehicle remains in storage after the second business day following the sale date. Ten days after the sale, the purchaser shall forfeit all interest in the vehicle and the vehicle shall be deemed abandoned and may be sold again or donated to a nonprofit organization.

 B.  Appliances.  Any impounded appliance not reclaimed within 10 days after notice has been sent to the owner may be disposed of by sale, donation, or junking as determined by the Chief of Police.

 C.  Report required.  Within five (5) days after the sale, donation, or disposal of a motor vehicle, the Chief of Police shall advise the Wisconsin Division of Motor Vehicles of the sale, donation, or disposition thereof.

 Sec. 10-5-8  Permits for Motor Vehicles.

  A.  General Vehicle Permits and Demolition Derby Vehicle Permits.

 1.  General Vehicle Permits.  Any person, firm, partnership or corporation desiring to maintain a motor vehicle that would be prohibited by this chapter shall apply for a permit. The permit application shall be on forms provided by the Village Clerk's office, shall be accompanied by a non-refundable application fee set by the Village Board, and shall be returned to the Village Clerk for consideration by the Village Board at the next regularly scheduled meeting. The application and permit shall designate the individual holding the permit (the "permittee") and the legal premises in the Village subject to the permit. Adjoining parcels owned by the permittee are included in the area defined as the legal premises. A legal premises may be the subject of no more than one general permit issued under this chapter; and, any such permit will approve of no more than 1 motor vehicle. The permit is not transferable from premises to premises nor is it assignable from permittee to another person. Any such permit issued by the Village Board shall specify the manner of storing the motor vehicle and shall be signed by the Village President and Village Clerk.

 2.  Demolition Derby Vehicle Permits.  Any person wishing to retain demolition derby vehicles on their premises must obtain a demolition derby vehicle permit from the Village Board. The permit application shall be on forms provided by the Village Clerk's office and shall be accompanied by a permit fee of one hundred dollars ($100.00), which may be updated at the discretion of the Village Board. The permit shall designate the premises where demolition derby vehicles may be stored, the maximum number of such vehicles authorized, and the conditions of storage. A demolition derby vehicle permit authorizes the storage of no more than five (5) demolition derby vehicles on the premises at any one time for a twelve (12) month permit period. Within the twelve (12) month permit period, demolition derby vehicles may be rotated continuously, provided that no more than five (5) vehicles are present on the premises at any given time under a single permit. Any request to store more than five (5) demolition derby vehicles on a premises at one time must be specifically approved by the Village Board and shall require an additional permit and an additional permit fee. All demolition derby vehicles stored under this permit must be: (a) maintained in a safe condition to prevent hazards such as leaking fluids, sharp metal, or fire risk; (b) stored in compliance with any other conditions imposed by the Village Board to protect public health, safety, and neighboring property values; and (c) operated and maintained in compliance with all applicable Village noise ordinances.

 B.  Permit Revocation.  Any permit issued hereunder shall be revocable at any time by the Village Board after a public hearing before such Board at which it has been found that the permit holder has failed or refused to comply with this chapter, other applicable laws or regulations, or any restrictions contained in such permit; or has failed to allow physical access to the premises by the Village or its designee for inspection purposes upon 24 hours' notice to the permittee. Such a hearing may be held by the Village Board on its own motion or upon the complaint, in writing, duly signed and verified by the complainant. A copy of the complaint or motion together with a notice of the hearing shall be served upon the permittee not less than 10 days before the date of the hearing. If the permittee cannot be located after good faith efforts, service shall be deemed sufficient if notice is published as a Class 1 notice under Ch. 985, Wis. Stats., in the official Village newspaper at least 10 days prior to the hearing.

 C.  Permit Conditions.  Each permit issued by the Village Board shall contain conditions regarding the following, which shall be established on a case-by-case basis by the Board acting in its discretion:

a.  Installation and maintenance of fences on the premises.

b.  Provision and maintenance of adequate fire safety equipment on the premises.

c.  Removal or draining of all vehicle tanks and engines on the premises.

d.  Installation and maintenance of adequate sanitary facilities on the premises.

e.  Operational hours at the premises.

f.  Rules and safeguards to prevent public nuisances and to protect the public health and safety of persons residing near the premises, including nuisances associated with noise, dust, odors, fires, water pollution, air pollution and erosion.

g.  Prohibition of open fires or burning of solid waste at the premises.

h.  Prohibition of any hazardous waste being stored, kept, or disposed of at the premises.

i.  Installation and maintenance of adequate landscaping upon and surrounding the premises.

j.  The number of vehicles and appliances authorized to be kept on the premises.

k.  Any other condition determined by the Village Board to be necessary and appropriate.

 Sec. 10-5-9  Penalty Provision.

Any person, partnership, corporation, or other legal entity that fails to comply with the provisions of this ordinance shall, upon conviction, pay a forfeiture as provided in Section 1-1-6.

Each day a violation exists or continues constitutes a separate offense under this ordinance. In addition, the Village Board may seek injunctive relief from a court of record to enjoin further violations.

Continuous Storage Violations.  Any violation of the continuous storage prohibition set forth in Section 10-5-4(C) shall be subject to the same enforcement procedures as other violations under this Section. Each thirty (30) day period of continuous storage shall constitute a separate offense.

Additionally, penalties under Section 11-7, Chronic Nuisance Premises, may also apply.

 Sec. 10-5-10  Severability.

 

If any provision of this ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.

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ORDINANCE 11-6 and 11-7

AN ORDINANCE TO AMEND TITLE 11, CHAPTER 6, AND TO ADD

TITLE 11, CHAPTER 7, OF THE CODE OF ORDINANCES,

VILLAGE OF VIOLA, WISCONSIN, RELATIVE TO PUBLIC NUISANCES

AND CHRONIC NUISANCE PREMISES

 Part I.  Title 11, Chapter 6 of the Code of Ordinances, Village of Viola, Wisconsin, is hereby amended as follows:

PART I — AMENDMENTS TO TITLE 11, CHAPTER 6 (PUBLIC NUISANCES)

 Sec. 11-6-1  Public Nuisances Prohibited.

(Unchanged from current ordinance — full text retained as enacted.)

Sec. 11-6-2  Public Nuisance Defined.

For purposes of this chapter and consistent with the authority granted by Wisconsin Statute Chapter 823, a public nuisance includes any unreasonable activity or use of property that interferes substantially with the comfortable enjoyment of life, health, or safety of others. The enumerated definitions in Sections 11-6-3, 11-6-4, and 11-6-5 are illustrative and supplemental to, and shall not be construed to limit, restrict, or be the exclusive definition of, the statutory definition of public nuisance under Wisconsin Statute Chapter 823.

A public nuisance is also a thing, act, occupation, condition or use of property which shall continue for such length of time as to:

(a)  Substantially annoy, injure or endanger the comfort, health, repose or safety of the public;

(b)  In any way render the public insecure in life or in the use of property;

(c)  Greatly offend the public morals or decency;

(d)  Unlawfully and 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.

The specific acts, conditions, and uses declared to be public nuisances in Sections 11-6-3 through 11-6-5 are illustrative of and supplemental to the general definitions set forth in this section. Such enumerations shall not be construed to limit or be exclusive of the general definition of public nuisance set forth herein or under Wisconsin Statute Chapter 823.

 Sec. 11-6-3  Public Nuisances Affecting Health.

(Unchanged from current ordinance — full text retained as enacted.)

 Sec. 11-6-4  Public Nuisances Offending Morals and Decency.

(Unchanged from current ordinance — full text retained as enacted.)

 Sec. 11-6-5  Public Nuisances Affecting Peace and Safety.

(Unchanged from current ordinance — full text retained as enacted.)

 Sec. 11-6-6  Abatement of Public Nuisances.

 (a)  Summary Abatement.

(1)  Notice to Owner.  If the Chief of Police or designee determines that a public nuisance exists within the Village and that there is a danger of public health, safety, peace, morals or decency, notice may be served by the Chief of Police or designee on the person causing, maintaining or permitting such nuisance or on the owner or occupant of the premises where such nuisance is caused, maintained or permitted; and a copy of such notice shall be posted on the premises. Such notice shall direct the person causing, maintaining or permitting such nuisance, or the owner or occupant of the premises, to abate or remove such nuisance within a period not less than twenty-four (24) hours or greater than seven (7) days and shall state that unless such nuisance is so abated, the Village will cause the same to be abated and will charge the cost thereof to the owner, occupant or person causing, maintaining or permitting the nuisance, as the case may be.

(2)  Abatement by Village.  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.

 (b)  Abatement by Court Action.  If the Chief of Police or designee 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, the Chief of Police or designee shall file a written report of such findings with the Village President who, upon direction of the Village Board, shall cause an action to abate such nuisance to be commenced in the name of the Village in Municipal Court or Vernon and or Richland County Circuit Court in accordance with the provisions of Chapter 823, Wis. Stats.  Such action may be brought independently of, or concurrently with, any enforcement action taken under this chapter or any other Village ordinance. The Village's authority to proceed under Chapter 823, Wis. Stats., exists independently of and is not limited by this chapter or any ordinance definition of nuisance.

 (c)  Court Order.  Except where necessary under Subsection (a), no officer hereunder shall use force to obtain access to private property to abate a public nuisance, but shall request permission to enter upon private property if such premises are occupied and, if such permission is denied, shall apply to any court having jurisdiction for an order assisting the abatement of the public nuisance.

 (d)  Nothing in this chapter shall be construed as limiting the Village's authority to commence and prosecute an action to recover damages for, enjoin, or abate a public nuisance under Wisconsin Statute § 823.01 et seq., the Village's common law equitable powers, or any other applicable state law. The remedies set forth in this chapter are cumulative and in addition to all other remedies available under Wisconsin law, including but not limited to the warrant and cost-recovery procedures of Wis. Stat. §§ 823.03 and 823.04. Statutory grants of authority shall be construed liberally in favor of the Village to effectuate their purpose of protecting public health, safety, and welfare.

 Sec. 11-6-7  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 Village shall be collected as a debt from the owner, occupant or person causing, permitting or maintaining the nuisance, and may be assessed against the real estate as a special charge pursuant to Wis. Stat. § 66.0627, or collected by execution pursuant to Wis. Stat. §§ 823.04 and 823.06, or both.

 Sec. 11-6-8  Enforcement; Penalty.

(Unchanged from current ordinance — full text retained as enacted.)

PART II — ADDITION OF TITLE 11, CHAPTER 7 (CHRONIC NUISANCE PREMISES)

 Part II.  Title 11 of the Code of Ordinances, Village of Viola, Wisconsin, is hereby amended by adding Chapter 7 as follows:

 Sec. 11-7-1  Chronic Nuisance Premises—Title; Authority.

This chapter is enacted pursuant to the Village's police powers under Wis. Stat. §§ 61.34 and 66.0628, its authority to abate public nuisances under Wis. Stat. Ch. 823, and its general authority to protect the health, safety, and welfare of Village residents. The definitions, procedures, and remedies in this chapter are supplemental to and shall not be construed to limit the Village's authority under Wisconsin Statute Chapter 823, common law, or any other applicable statute or ordinance.

 Sec. 11-7-2  Definitions.

The following terms shall be defined as follows in this chapter:

(a)  Chief.  The Chief of Police or their designee.

 (b)  Enforcement Action.  Arrest, the issuance of a citation, or the issuance of a written or verbal warning.

 (c)  Nuisance Activity.  Any of the following activities, behaviors, or conduct whenever engaged in by property owners, or their agents, including operators, tenants, occupants, or persons associated with premises:

a.  An act or acts contrary to Wisconsin Criminal Code (939-951, Wis. Stats.)

b.  Possession, manufacture, or delivery of a controlled substance or related offenses, as defined in Ch. 961, Wis. Stats.

c.  Violations of Restraining orders, Injunctions, Chapter 813, Wis. Stats.

d.  Public Safety violations, as defined in Title 5, Village of Viola Ordinances.

e.  Public Works violations, as defined in Title 6, Village of Viola Ordinances.

f.  Licensing and Regulation violations, as defined in Title 7, Village of Viola Ordinances.

g.  Health and Sanitation violations, as defined in Title 8, Village of Viola Ordinances.

h.  Motor Vehicles and Traffic violations, as defined in Title 10, Village of Viola Ordinances.

i.  Offenses and Nuisances violations, as defined in Title 11, Village of Viola Ordinances.

j.  Parks and Navigable Waters violations, as defined in Title 12, Village of Viola Ordinances.

k.  Activities relating to arrest or search warrants at a particular location.

l.  Inspection-related calls or assisting other agencies (e.g., Social Services, Richland or Vernon County Sheriff's Office) where the Viola Police Department responds.

m.  Violations of fire, zoning, and building codes.

n.  Maintaining a drug or criminal gang house, as defined in Wis. Stat. § 823.113.

o.  Engaging in prostitution or maintaining a bawdyhouse, as defined in Wis. Stat. §§ 823.09 or 823.10.

p.  Any activity or use of property constituting a public nuisance under Wisconsin Statute Chapter 823 or as defined in Sec. 11-6-2 of this Code.

 (d)  Owner.  The owner of the premises and their agents.

 (e)  Persons Associated With.  Any person who, whenever engaged in a nuisance activity, enters, occupies, patronizes, visits, or attempts to enter, occupy, patronize or visit a property. Includes any officer, director, customer, agent, employee or independent contractor of a property owner, tenant, or occupant.

 (f)  Premises.  An individual dwelling unit, an apartment building (all units included as one premises), or an individual business premises and associated common areas located in the Village.

 Sec. 11-7-3  Notice.

Whenever the Chief determines that three or more nuisance activities resulting in enforcement action have occurred at the premises during a twenty-four (24) month period, the Chief may notify the premises owner in writing. In calculating the requisite nuisance activities, the Chief may count separate qualifying nuisance activities resulting in enforcement action occurring on the same day (as long as they are distinct in time) or different days but shall never count nuisance activities that were reported by the owner of the premises. The notice shall contain the street address or legal description sufficient to identify the premises, a description of the nuisance activities that have occurred at the premises, a statement indicating that the cost of future enforcement may be assessed as a special charge against the premises, and a notice as to the appeals rights of the owner.

 Sec. 11-7-4  Delivery of Notice.

The notice shall be deemed to be properly delivered if sent either by certified mail to the property owner's last known address, or if delivered in person to the property owner. If the property owner cannot be located, the notice shall be deemed properly delivered if left at the property owner's usual place of residence in the presence of a competent family member at least 14 years of age, or a competent adult currently residing there and who shall be informed of the contents of the notice. If a current address cannot be located, it shall be deemed sufficient if a copy of the notice is sent by certified mail to the last known address of the owner as identified by the records of the tax roll.

 Sec. 11-7-5  Abatement Plan.

Any owner receiving notice pursuant to Sections 11-7-3 and 11-7-4 shall meet with the Chief, or his/her designee, within five (5) business days of receipt of such notice. The parties shall review the problems occurring at the property and agree upon an abatement plan to end the nuisance activity on the property. The plan shall also specify the name, address, and telephone number of a person living within 60 miles of the property who can be contacted in the event of further police, fire, or inspection contact.

If the owner does not attend the meeting and fails to abate the nuisance within five (5) business days of receipt of notice, law enforcement may cite the nuisance.

Nothing in an abatement plan entered into under this section shall be construed as a waiver of, or exemption from, the owner's obligations under Title 10, Chapter 5 (Abandoned and Junked Vehicles) or any other provision of this Code of Ordinances. An abatement plan does not authorize any act or omission that would otherwise violate any Village ordinance.

 Sec. 11-7-6  Additional Nuisance Activity and Cost Recovery.

Whenever the Chief determines that additional nuisance activity as defined in Sec. 11-7-2(c) has occurred at a premises not less than 15 days after notice has been issued, and that reasonable efforts have not been made to abate the nuisance activity, the Village may calculate the costs of police response, enforcement, and abatement for this and any subsequent qualifying nuisance activity. Such costs are authorized as a fee for current service under Wis. Stat. §§ 61.34 and 66.0628, and as costs of abatement recoverable under Wis. Stat. § 823.04. Such costs may be assessed against the real estate as a special charge pursuant to Wis. Stat. § 66.0627, or collected by execution or by finding the owner, occupant or person causing, permitting or maintaining the nuisance personally liable pursuant to Wis. Stat. §§ 823.04 and 823.06, or both. Any fees or costs imposed pursuant to this section shall be in accordance with the Viola Police Department Fee Schedule, a copy of which shall be kept on file with the Village Clerk.

 Sec. 11-7-7  Appeal.

Any person aggrieved by the written determination of the Chief made under this chapter may file a written appeal, within seven (7) days of receiving such written determination, with the Village Board. The appeal shall state the reasons for reviewing the determination of the Chief. The Village Board shall hold a hearing and decide the matter within a reasonable time. The Village Board may reverse, affirm or modify the determination of the Chief and issue an order accordingly.

The filing of an appeal shall not automatically stay any enforcement action taken under this chapter. The Village Board may, in its discretion, grant a stay of enforcement pending appeal upon written request of the appellant, provided the Board determines that a stay would not pose a risk to public health, safety, or welfare.

 Sec. 11-7-8  Penalties.

Any owner in violation of this chapter may receive citations for a chronic nuisance, in addition to imposition of costs as a special charge against the real estate imposed under Sec. 11-7-6. Forfeitures for violations of this chapter shall be assessed in accordance with the Village of Viola Chronic Nuisance Premises Forfeiture Schedule, a copy of which shall be kept on file with the Village Clerk and made available upon request. The forfeiture schedule shall distinguish between first, second, third, and subsequent offenses. The Village Board may amend the forfeiture schedule from time to time by resolution.

Each day such violation continues shall be a separate offense.

 Additionally, the Village may pursue injunctive relief against the owner in the Richland or Vernon County Circuit Court in accordance with Wis. Stat. Ch. 823. All legal costs and attorney fees incurred by the Village for enforcement of this chapter, pursuant to any remedy available, shall be payable to the Village by the owner of the premises.

Sec. 11-7-9  Reservation of Wisconsin Statute Chapter 823 Authority.

Nothing in this chapter shall be construed to limit or displace the Village's independent authority to commence and prosecute an action to enjoin, abate, or recover damages for a public nuisance under Wisconsin Statute Chapter 823, or the Village's police powers under §§ 61.34 and 66.0628, Wis. Stats. The three-occurrence threshold established in Sec. 11-7-3 is a prerequisite for the administrative notice and cost-recovery procedures of this chapter only, and shall not be construed as a minimum threshold for any action under Wisconsin Statute Chapter 823 or any other applicable law. The Village may bring an action under Chapter 823 concurrently with, independently of, or prior to issuing notice under this chapter. The remedies provided in this chapter are cumulative and in addition to all remedies available to the Village under Wisconsin law.

 

 CHRONIC NUISANCE PREMISES FORFEITURE SCHEDULE - Title 11, Chapter 7, Village of Viola Code of Ordinances

 Adopted by Resolution of the Village Board: 2026-01 - Effective Date: March 19, 2026

 Authority.  This schedule is established pursuant to Section 11-7-8 of the Village of Viola Code of Ordinances. The Village Board may amend this schedule from time to time by resolution. A current copy of this schedule shall be kept on file with the Village Clerk and made available upon request.

 Forfeiture Amounts.  Any owner in violation of Title 11, Chapter 7 (Chronic Nuisance Premises) shall be subject to forfeiture as follows:

Offense	Minimum Forfeiture	Maximum Forfeiture
First Offense	$150.00	Per Sec. 1-1-6
Second Offense	$300.00	Per Sec. 1-1-6
Third Offense	$400.00	Per Sec. 1-1-6
Fourth and Subsequent Offenses	$800.00	Per Sec. 1-1-6

 Each day a violation continues constitutes a separate offense. Forfeitures are in addition to any costs of abatement or police response assessed as a special charge against the real estate under Sec. 11-7-6.

 Police Department Fee Schedule.  Costs of police response and enforcement assessed under Section 11-7-6 shall be in accordance with the Viola Police Department Fee Schedule, a separate schedule maintained on file with the Village Clerk.

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BUILDING PERMIT

SEX OFFENDER (ORDINANCE NO: 11-7-5)

AN ORDINANCE TO CREATE 11-7-5 OF THE MUNICIPAL CODE OF ORDINANCES OF THE VILLAGE OF VIOLA RELATING TO SEXUAL OFFENDER RESTRICTIONS.

 

The Village Board of the Village of Viola, Richland and Vernon Counties, Wisconsin do ordain as follows:

 

Section I: Section 11-7-5 of the Municipal Code of the Village of Viola is hereby created to read as follows:

 

11-7-5   Sex Offenders: Residency Restrictions

 

(a)          Finding and purpose

 

(1)          The Village of Viola Trustees is empowered by Wis. Stat. § 61.34(1) to enact legislation promoting the health, safety and welfare of the public.

(2)          The Wisconsin Statutes provide for the punishment, treatment and supervision of persons convicted or otherwise responsible for sex crimes against children, including their release into the community. Wisc. Stat. Chapter 980 provides for the civil likelihood to reoffend, and specifically, Wis. Stat. §980.08, provides for the supervised release of such persons into the community.

(3)          The Village of Viola finds and declares that sex offenders who prey upon children are a serious threat to public safety and it is necessary for the Village to enact reasonable measures to minimize the risk of the children in the Village falling prey to sexually violent persons.

(4)          This section is a non-punitive, regulatory measure aimed at protecting the health and safety of children in the Village from the risk that convicted sex offenders may reoffend. It is the intent of this chapter not to impose a criminal penalty but rather to serve the Village’s compelling interest in promoting, protecting and improving the health, safety and welfare of the citizens of the Village.

 

(b) Definitions

 

As used in the section, and unless the context requires otherwise:

 

(1)          DESIGNATED OFFENDER

“Sex Offender” is any person who is required to register under §301.45, Wis. Stats., and in any sexual offense against a child or any person who is required to register under §301.45 Wis. Stats., and who has been designated special bulletin notification (SBN) sex offender pursuant to §301.45 (2) and (2m), Wis. Stats., and any person who has been convicted of or has been delinquent of or has been found not guilty by reason of disease or mental defect of the offenses set forth within the Wisconsin Statutes, as amended, or the laws of this or any other state or the federal government, having like elements necessary for conviction, respectively:

§ 948.015(10), Wis. Stats.	Solicitation of an intimate or private representation of a child
§ 948.081, Wis. Stats.	Patronizing a child
§ 948.10, Wis. Stats.	Exposing genitals, pubic area, or intimate parts
§ 948.11(2), Wis. Stats.	Exposing a child to harmful material or harmful descriptions or narrations
§ 948.14, Wis. Stats.	Registered sex offender and photographing minors

 

 

(2)          CHILD

A Person who is less than 18 years of age.

 

(3)          MINOR

                A person under the age of 17.

 

(4)          CHILD SAFETY LOCATION

                The site upon which any of the following are located:

a.            A public park, parkway, parkland, or park facility;

b.            A public library;

c.             A recreational trail;

d.            A public playground;

e.            A school for children;

f.             Athletic fields used by children;

g.            A day-care center;

h.            A Community Building

(i)            For-profit children’s play facilities;

(j)           A bus stop

(k)          Any facility for children [which means a public or private school or a group home, as defined in § 48.02(7), Wis. States.; a residential care center for children and youth, as defined in §48.02(15d), Wis. Stats.; a shelter care facility, as defined in § 48.02(17), Wis. Stats.; a foster home, as defined in § 48.02(6), Wis. Stats.; a treatment foster home, as defined in § 48.02(17Q), Wis. Stats.; a day-care center licensed under § 48.65, Wis. Stats.; a day-care program established under §120.13(14), Wis. Stats.; a day-care provider certified under § 48.651, Wis. Stats.; or a youth center, as defined in § 961.01(22), Wis. Stats.

 

(5)          CHILD SAFETY ZONE

                Any place within the Village that is physically located within 1,500 feet of any child safety location.

 

(6)          PERMANENT RESIDENCE

                A place where a person sleeps, abides, lodges, or resides for 14 or more consecutive days.

 

(7)          SEXUALLY VIOLENT OFFENSE

                Shall have the meaning as set forth in § 980.01(6), Wis. Stats., as amended from time to time.

 

(8)          A “CRIME AGAINST CHILDREN”

                Any of the following offenses set forth within the Wisconsin statutes, as amended, or the laws of this or any other State or the Federal government, having like elements necessary for conviction, where the victim is under the age of 18.

 

TEMPORARY RESIDENCE

                A place where a person sleeps, abides, lodges, or resides which may include more than one location, and may be mobile or transitory for a period of 14 or more days in the aggregate during any calendar year and which is not the person’s permanent address or place where the person routinely sleeps, abides, lodges, or resides for a period of 14 or more consecutive or nonconsecutive days in any month and which is not the person’s permanent residence.

 

 

3.) Residency Restriction

A.      A Sex Offender shall not reside within 1500 feet of any real property that supports or upon which there exists any of the following uses:

a.       A school for children

b.      A bike path, hiking trail, public park, park facility or park pathway

c.       Any other place designated by the Village Board as a place where children are known to congregate and as set forth in the Sexual Offender Restriction Map

B.      The distance shall be measured from the closest boundary line of the real property supporting the residence of a Sex Offender to the closest boundary line of the real property that supports or upon which there exists any of the uses enumerated in 3 (A) above.

C.      It is unlawful for a property owner to let or rent any place, structure or part thereof, trailer, or other conveyance, if the property owner knows or should have known that it will be used as a permanent or temporary residence pursuant to this section if such place, structure or part thereof, or trailer, is located within 1500 feet of a child safety zone as described herein.

 

4.) Residency Restriction Exceptions

A.      The Sex Offender physically resides in a residence that was established, reported and registered pursuant to Wisconsin Statute            § 301.45 prior to the effective date of this ordinance.

 

B.      Safety Zone Exceptions

A Sex Offender who enters upon or who is present upon or within a Safety Zone does not commit a violation of this ordinance if any of the following apply:

1)      The property supports a church or any other house of religious worship, subject to all of the following condition:

a.       The Sex Offender’s entrance and presence upon the property occurs only during hours of worship or other religious program/service as posted to the public and

b.      The Sex Offender shall not participate in any religious education programs that include individuals under the age of 18.

2)      The property supports a use lawfully attended by a Sex Offender’s natural or adopted child(ren), which child’s use reasonably requires the attendance of the Sex Offender as the child’s parent upon the property, subject to the following condition:

a.       The Sex Offender’s entrance and presence upon the property occurs only during hours of activity related to the use as posted to the public.

3)      The property also supports a polling location in a local, state or federal election, subject to all of the following conditions:

a.       The Sex Offender is eligible to vote;

b.      The property is the designated polling place for the Sex Offender; and

c.       The Sex Offender enters the polling place property, proceeds to cast a ballot with whatever usual and customary assistance is to any member of the electorate, and vacates the property immediately after voting.

4)      The property also supports a court, government office or room for public governmental meetings, subject to all of the following conditions:

a.       a.    The Sex Offender is on the property only to transact business at the government office or place of business, other than a public library, or attend an official meeting of a governmental body; and

b.      The Sex Offender leaves the property immediately upon completion of the business or meeting.           

 

5.) Original Domicile Restriction

                Residency Prohibited. No offender who has ever been ruled a sexually violent offender by a petition filed under Wis. Stat. Ch. 980 or any offender who has been convicted of a crime against children as defined in subsection (2) “Crime Against Children” of the section shall be permitted to reside in the Village, and no supervised release of such offender shall be established in the Village, unless the offender was domiciled in the Village at the time of an offense resulting in conviction or the person previously resided in the Village for over five years.

 

6.) Child Safety Zone Map

                The Village Clerk’s Office shall maintain an official map showing the child safety zones within the Village. The Village Clerk’s Office shall update the map at least annually to reflect any changes in the location of child safety zones.  The map is to be displayed in the office of the Village Clerk.  In the event of a conflict, the terms of the section shall control. In no event shall a failure to update the map in compliance with this section preclude the persecution or conviction of any designated offender under this section.

 

7.) Appeal

                The residency restriction of the section may be waived upon approval of the Village Board through an appeal by the affected offender.  Such appeal shall be made in writing to the Village Clerk, who shall forward the request to the Public Safety Committee and the Chief of Police.  The Chief of Police shall forward a report on the appeal request to the Public Safety Committee.  The Public Safety Committee will convene within 30 days of the appeal being filed with the Clerk to hear from the Chief of Police and the affected offender or their counsel.  After deliberation, the Public Safety Committee shall forward a recommendation to the Village Board, who shall act on the recommendation at their next regularly scheduled meeting.  A written copy of the decision shall be provided to the affected offender by the Village Clerk.  The Public Safety Committee may reject a waiver request when the request is filed with the Village Clerk within 90 days of denial by the committee of a prior identical waver request of the requester, absent a change in circumstance.

8.) Penalties

                Any person found guilty of violating this section shall be penalized by a forfeiture not less than $300.00 and not to exceed $1000.00 each day an offender maintains a residence in the violation of this section constitutes a separate violation.  The Village may also seed equitable relief or any other relief available at law.