We are asking all City of Tomah residents to review the below information pertaining to Public Nuisances and Junk. Well provide a direct link to the Tomahonline website for those wishing to review the verbiage. Well be making an effort to have contact with any resident who is not in compliance with this ordinance. The intent is to NOT issue citations but instead to educate and allow the property owner the requisite time to address the issue. If you have any questions please contact Sergeant Eric Pedersen at 608-374-7512 or by email at epedersen@tomahpolice. Thank you for your continued support. ***The building inspector, or any other code enforcement officer, shall provide written notice to any person in violation of this article. Said notice shall direct the person to abate or remove such nuisance within 15 days from the date of the notice and shall state that unless such nuisance is so abated, the city may cause the same to be abated, charging the costs thereof to the person in a court action for debt or in the alternative, the city may proceed with the issuance of a citation. For purposes of this article, notice shall be deemed complete upon mailing to the address of the person on file with the city treasurers office, or upon personal delivery. *** library.municode/index.aspx?clientId=14450 Sec. 18-52. Public nuisance.permanent link to this piece of content The following are hereby declared to be a public nuisance wherever they may be found within the city: (1) Any motor vehicle, truck body or tractor as enumerated and defined in section 18-53 (2) Any junk stored contrary to provisions set forth in this article. (Code 1993, § 10.06(1)) Sec. 18-53. Definitions.permanent link to this piece of content The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accumulation means an assemblage, gathering, compilation, stocking or aggregation of junk material or materials. For the purpose of determining whether a person has an accumulation, the amount, type, quantity and nature of all materials possessed by the person on all property owned or under the persons control is relevant. Disassembled, inoperable, junked or wrecked motor vehicles, truck bodies means motor vehicles, truck bodies or tractors in such state of physical or mechanical ruin as to be incapable of propulsion or being operated upon the public streets or highways. Inoperable vehicle means a vehicle, regardless of whether it is licensed, that is not in operating condition. A motor vehicle is in operating condition if the motor vehicle can be started and actually operated on the highways of this state without requiring repairs, or borrowing of parts, batteries or materials from other vehicles. A vehicle stored in the open which has not actually moved for more than two months is rebuttably presumed to be inoperable if it cannot be started and operated on the highway at the same time as any other vehicle in the accumulation or owned by the same person, entity or family. Junk means worn out or discarded material of little or no value, that have an adverse effect upon the neighbors or city property values, health, safety or general welfare including, but not limited to, the following material: (1) Household appliances or parts thereof; (2) Machinery and equipment or parts thereof; (3) Vehicles or parts thereof; (4) Tools or discarded building materials, including the following: a. More than one cord of scrap wood which is not stacked in an orderly manner. b. Pallets which have not been used or moved for more than six months. c. Metal, glass, plastic or mineral materials which are not part of an item which is in current household or commercial use and in working condition. d. Appliances, including (without limitation by enumeration) washing machines, clothes dryers, dishwashers, refrigerators, stoves, ovens, microwaves, trash compactors and freezers which are not in operating condition. e. Food scraps, except when stored in compost piles maintained in accordance with Wis. Admin. Code ch. NR 402. f. Sawdust, industrial waste, slag, waste concrete, debris, castings, grease or other commodities or materials which are generated in the course of a manufacturing or construction process, except when stored as inventory, or for disposal within 30 days, on the property on which these materials are found. g. Unlicensed automobiles or other motor vehicles which are not in operating condition or are being used for storage of materials. h. Medical waste or debris. i. Unusable or highly deteriorated mattresses, box springs and furniture. j. Garbage. k. Any material which is likely to harbor mosquitoes or other pests or larvae. l. A mobile home or camper or manufactured home which has not been used for residential purposes for more than 12 months and which is in a deteriorated condition and is no longer habitable. m. Farm machinery which is no longer in use and is no longer usable. n. Building and construction materials and supplies that have not been used or moved for more than six months. Motor vehicles. As defined in Wis. Stats. § 340.01(5), including snowmobiles. Operating condition. A motor vehicle is in operating condition if the motor vehicle can be started and actually operated on the highways of this state without requiring repairs, or borrowing of parts, batteries or materials from other vehicles. A vehicle stored in the open which has not actually moved for more than two months is rebuttably presumed to be inoperable if it cannot be started and operated on the highway at the same time as any other vehicle in the accumulation or owned by the same person, entity or family. Unlicensed motor vehicles, truck bodies or tractors. Motor vehicles, truck bodies or tractors which do not bear lawful current license plates.
Posted on: Wed, 23 Apr 2014 19:25:06 +0000
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