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VILLAGE BOARD AGENDA (REGULAR) – OCTOBER 7TH 2025 - Page 1 of 3 Village of Hobart – www.hobartwi.gov Village Office - 2990 South Pine Tree Road, Hobart, WI Notice is hereby given according to State Statutes that the VILLAGE BOARD of the Village of Hobart will meet on Tuesday October 7th 2025 at 6:00 P.M. at the Village Office (2990 South Pine Tree Road). NOTICE OF POSTING: Posted this 3rd day of October, 2025 at the Hobart Village Office and on the village website. MEETING NOTICE – VILLAGE BOARD (Regular) Date/Time: Tuesday October 7th 2025 (6:00 P.M.) Location: Hobart Village Office (2990 South Pine Tree Road) Village Board of Trustees: Richard Heidel (President), David Dillenburg, Vanya Koepke, Tammy Zittlow, Melissa Tanke ROUTINE ITEMS TO BE ACTED UPON: 1. Call to order/Roll Call. 2. Certification of the open meeting law agenda requirements and approval of the agenda 3. Pledge of Allegiance 4. PUBLIC HEARINGS A. PUBLIC HEARING – Resolution 2025-08 (APPROVING THE DISCONTINUANCE OF THE PUBLIC RIGHT OF WAY BEING LONESOME ROAD, AND A PART OF WEST ADAM DRIVE IN THE VILLAGE OF HOBART, WISCONSIN) The Village Board has worked with Brown County and others on a mutually agreeable program which includes the discontinuance of Lonesome Road, and a portion of West Adam Drive. This is the final step in that process. B. ACTION on aforesaid agenda item 5. CONSENT AGENDA (These items may be approved on a single motion and vote due to their routine nature or previous discussion. Please indicate to the Board President if you would prefer separate discussion and action.) A. Payment of Invoices (Page 4); B. VILLAGE BOARD: Minutes of September 16th 2025 (Regular) (Page 8) and October 1st 2025 (Special) (Page 11); C. SITE REVIEW COMMITTEE: Minutes of August 20th 2025 (Page 13); D. POLICE COMMISSION MINUTES: Meeting of September 4th 2025 (Page 16); E. PLANNING AND ZONING COMMISSION: Minutes of September 8th 2025 (Page 17) 6. ITEMS REMOVED FROM CONSENT AGENDA 7. CITIZENS’ COMMENTS/RESOLUTIONS/PRESENTATIONS (Please limit citizens’ comments to no more than three minutes) A. PRESENTATION – Proceeds of the Hobart Golf Outing to th e Hobart-Lawrence Police Department and the Hobart Fire Department The event was held in August at the Thornberry Creek Golf Course. The presentation will be made by the Hobart Volunteer Firefig hters Association. B. INFORMATION – Discussion on Controlling Deer Population in Hobart (Page 18) Steve Burns (DNR Wildlife Biologist) will be present to discuss the current deer population in the Village and discuss possible responses to the issue. This agenda item is for information only. No formal action on any program is anticipated. 8. VILLAGE ADMINISTRATOR’S REPORT/COMMUNICATIONS VILLAGE BOARD AGENDA (REGULAR) – OCTOBER 7TH 2025 - Page 2 of 3 9. COMMITTEE REPORTS AND ACTIONS A. DISCUSSION AND ACTION - Certified Survey Map (CSM), 600 block of Centerline Drive (HB-523-7, HB-523-2, and part of HB- 525-2) (Planning and Zoning Commission) (Page 19) The property owner of parcels HB-523-7, HB-523-2, and part of HB-525-2, located in the 600 Block of Centerline Dr., is proposing a two lot CSM combining 3 parcels into two parcels of 1.910 and 3.465 acres, with 1 Outlot of 0.669 acres along Centerline Dr. betwee n Founders Terrace and Larsen Orchard Parkway. The existing parcel is currently zoned PDD#1: Centennial Centre at Hobart District and the proposed CSM would create two new lots that maintain compliance with Village Code requirements relating to lot size and lot width A. INFORMATION – Request to consider a 200-unit, 10-buildi ng leased residential development with associated site improvements (1200 Block Lear Lane; HB-347) (Site Review Committee) (Page 28) PDK Investments, LLC is proposing to construct a third phase to their development which would consist of 10-20-unit two story buildings totaling 200 new leased residential units. Additionally, there are 10-16 unit detached garage buildings to accommodate the 20-u nit buildings as these buildings only contain 4 attached garages per structure. Access to the new phase will utilize the existing ingress/egress from Lear Ln. that serves the existing development with a sec ondary ingress/egress proposed along Orlando Drive. This agenda it em was postponed from the August 2025 meeting. B. INFORMATION – Request for a new 8,496 square-foot commercial building with associated site improvements (611 Centerline Drive, HB-524-1-1) (Site Review Committee) (Page 31) Bayland Buildings is proposing to construct a new 8,496 square foot commercial building to be located at 611 Centerline Drive along with the required associated site improvement including access and park ing. The proposed building will be single story in height and utilized as an auto service facility. C. INFORMATION - Request for new 12,000 square-foot commerci al retail building with associat ed site improvements (633 Larsen Orchard Parkway, HB-537) (Site Review Committee) (Page 35) Bayland Buildings is proposing to construct a new 12,000 square foot commercial retail building to be located at 633 Larsen Orc hard Parkway along with the required associated site improvement including access and parking. The proposed building will be single story in height and utilized as a multi-tenant retail facility. 10. OLD BUSINESS A. DISCUSSION AND ACTION – Ordinance 2025-10 (AN ORDINANCE TO REPEAL AND RECREATE CHAPTER 207 (NUISANCES) AND REPEAL SECTION 20 (CLEANUP OF CLANDESTINE DRUG LAB SITES AND CHEMICAL DUMP SITES) OF CHAPTER 221 (PEACE AND GOOD ORDER) OF THE MUNICIPAL CODE OF THE VILLAGE OF HOBART, BROWN COUNTY, WISCONSIN) (Page 39) The purpose of this Ordinance is to recreate the Nuisance Ordinance, and include more than one option for abatement, as well as a public-generated complaint process. This is the second reading of the proposed ordinance. 11. NEW BUSINESS A. DISCUSSION AND ACTION – Acceptance of Public Dedication of Land for Right-of-Way (Page 79) The purpose of this deed is to “Dedicate to the Public” the right of way described and to have the Village of Hobart sign as an acceptance of the public road, and it shall be named Founders Terrace. B. DISCUSSION AND ACTION – Municipal Court Attorney Hiring Process (Page 82) The Village issued a Request for Proposals (RFP) from attorneys qualified to practice law in the state of Wisconsin to provide prosecution services for the Village, along with handling appeals and OWI jury trials from Municipal Court. Our current attorney will be stepping down at the end of the year. Four (4) applications were received for review. Tonight’s action will create an ad hoc committee to rev iew the applications and conduct interviews with the applicants. C. DISCUSSION AND ACTION – Proposed Timeframe for the 2026 Budget Process (Page 83) VILLAGE BOARD AGENDA (REGULAR) – OCTOBER 7TH 2025 - Page 3 of 3 The deadline to get the tax levy information to Brown County to have the tax bills printed is Wednesday November 26th. D. DISCUSSION - Items for future agenda consideration or Committee assignment E. ADJOURN to CLOSED SESSION: 1. Under Wisconsin State Statute 19.85 (1) (e): Deliberating or negot iating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session RE: Sale or Purchase of Property/TID Projects/Development Agreements 2. Under Wisconsin State Statute 19.85 (1) (g): Conferring with lega l counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved. RE: Tribal Affairs; Potential Litigation F. CONVENE into open session G. ACTION from closed session 12. ADJOURN ____________________________ Aaron Kramer, Village Administrator UPCOMING BOARD MEETINGS Tuesday October 21st 2025 (6:00 PM) – Regular Board Meeting at Village Office (2990 South Pine Tree Road) Tuesday November 4th 2025 (6:00 PM) – Regular Board Meeting at Village Office (2990 South Pine Tree Road) Tuesday November 18th 2025 (6:00 PM) – Regular Board Meeting at Village Office (2990 South Pine Tree Road) NOTE: Page numbers refer to the meeting packet. All agendas and minutes of Village meetings are online: www.hobartwi.gov. Any person wishing to attend, who, because of their disability, requires special accommodation, should contact the Village Clerk’s office at 920-869-1011 with as much advanced notice as possible. Notice is hereby given that action by the Board may be considered and ta ken on any of the items described or listed in this agenda. There may be Board members attending this meeting by telephone if necessary. Reprint Check Register - Quick Report - ALL 11:49 PM ACCT ALL BANK ACCOUNTS ALL Checks Posted From: Thru Account:Thru: 10/07/2025 ______________________________________________________________________________________Check Nbr Check Date Payee Amount From Account:10/07/2025 10/01/2025 Page: 175.0070429 ANA BARA REFUND PARK DEPOSIT 9/6/2025 10/07/2025 650.0070430 APEX SERVICES LLC IPM INSPECTION / TREATMENT DPW BLDG 10/07/2025 7,740.0070431 APPLETON SIGN COMPANY MULTIPLE SIGN INVOICES TID #1 10/07/2025 1,003.4570432 ASHWAUBENON AUTO REPAIR LLC MULTIPLE INVOICES POLICE SQUAD CARS 10/07/2025 2,565.0070433 B3 RECYCLING SOLUTIONS LLC RECYCLING EVENT LABOR & DISPOSAL FEES 10/07/2025 1,340.0070434 BADGER LABORATORIES & ENGINEERING CO INC COLIFORM BACTERIA/HALOACETIC/TRIHALOMETH 10/07/2025 4,200.0070435 BRIAN RUECHEL ACCOUNTING SEPTEMBER 10/07/2025 45.0070436 BROWN COUNTY JAIL 25-504727 - 8/16/25 10/07/2025 11,441.0770437 BROWN COUNTY PORT & RESOURCE RECOVERY AUGUST BILLING REFUSE & RECYCLING 10/07/2025 190.0070438 CAMERA CORNER CONNECTING POINT PD PHONE SET UP / MAIN AUTO SCRIPT 10/07/2025 124.0070439 CARDIO PARTNERS INC PM-ELECTRODE FRX SMART PADS II 10/07/2025 500.5470440 CUSTOM FIRE APPARATUS INC REGULATOR POWER WINDOW LH FRONT 10/07/2025 175.0070441 DAVID FRAYRE REFUND PARK DEPOSIT FROM 9-21-2025 10/07/2025 105.0070442 DIVERSIFIED BENEFIT SERVICES INC FSA-125 ADMINISTRATIVE SERVICES 10/07/2025 283.0070443 DOOR COUNTY MEDICAL CENTER POLICE 10/07/2025 291.6770444 ERC INC MONTHLY EAP SERVICES 10/07/2025 40.3270445 ESO SOLUTIONS INC NFPA 101-2018 AND 101-2021 CODE SETS 10/07/2025 3,085.0070446 FAIR MARKET ASSESSMENTS ASSESSMENT SERVICES 10/07/2025 95.0070447 FRANKS RADIO SERVICE INC FIRE DEPARTMENT TECH-SERVICE PMNN4451A 10/07/2025 PAGE 4 Reprint Check Register - Quick Report - ALL 21:49 PM ACCT ALL BANK ACCOUNTS ALL Checks Posted From: Thru Account:Thru: 10/07/2025 ______________________________________________________________________________________Check Nbr Check Date Payee Amount From Account:10/07/2025 10/01/2025 Page: 60.3970448 GAT SUPPLY INC MULTIPLE INVOICES 10/07/2025 36,296.1970449 GFL - GFL SOLID WASTE MIDWEST LLC SEPTEMBER REFUSE & RECYCLING COLLECTION 10/07/2025 96.5070450 GLOBO LANGUAGE SOLUTIONS LLC INTERPRETING SERVICES AUGUST & FEBRUARY 10/07/2025 30.0070451 HAWKINS INC CHLORINE CYLINDERS - WATER TREATMENT 10/07/2025 186.0070452 HSHS EWD TWO ACCTS 59972503 & 84438654 10/07/2025 2,262.0070453 IDEALAIR HEATING & COOLING INC 2990 S PINE TREE BUILDING 10/07/2025 175.0070454 JANICE VOYLES REFUND PARK DEPOSIT FROM 09-28-2025 10/07/2025 129.9470455 JOE'S POWER CENTER INC DPW THROTTLE & CHOKE CONTROLS PARTS 10/07/2025 616,363.1270456 MCC INC PAY REQ#3 - 24 UTIL&ST CONST 230-24-03 10/07/2025 29,016.1770457 MCC INC 025 ENCLAVE EST UTLITY & ST #2320-25-02 10/07/2025 182.6070458 METRO SALES INC RICOH COPIER USAGE & BASE RATE 10/07/2025 175.0070459 MICHELE DOXTATOR REFUND PARK DEPOSIT FROM 9/27/2025 10/07/2025 253.1670460 MULTI MEDIA CHANNELS LLC LEGAL ADS MULTIPLE 10/07/2025 13,197.9770461 N & M SERVICE & REPAIR LLC MULTIPLE INVOICES FIRE AND DPW 10/07/2025 6,202.2870462 NORTHEAST ASPHALT INC PATCHING MATERIALS 10/07/2025 125.0070463 OCC HEALTH CENTERS OF THE SOUTHWEST P.A. POLICE DEPARTMENT 10/07/2025 369.3070464 PACKER CITY INTERNATIONAL TRUCKS INC FILTER KIT; TRANSYND-5 10/07/2025 1,356.8570465 PUBLIC SERVICE COMMISSION OF WISCONSIN 2025-2026 ADVANCE ASSESSMENT 10/07/2025 32,405.8870466 ROBERT E. LEE & ASSOCIATES INC MULTIPLE PROJECT INVOICES 10/07/2025 PAGE 5 Reprint Check Register - Quick Report - ALL 31:49 PM ACCT ALL BANK ACCOUNTS ALL Checks Posted From: Thru Account:Thru: 10/07/2025 ______________________________________________________________________________________Check Nbr Check Date Payee Amount From Account:10/07/2025 10/01/2025 Page: 175.0070467 SHARON KING REFUND PARK DEPOSIT FROM 8/30/2025 10/07/2025 42.3570468 SOUTHSIDE TIRE INC. DE PERE REPAIR TIRE 10/07/2025 238.0070469 STACY BELL MILEAGE - BANKING 4/28/25 THRU 9/26/25 10/07/2025 175.0070470 TIM RICHARDS REFUND PARK DEPOSIT FROM 9/20/2025 10/07/2025 150.0070471 TIM VAN CAMP WORK BOOT REIMBURSEMENT 10/07/2025 2,475.0070472 TOWN OF LAWRENCE HOOK-UP FEE 2319 GRINGOTTS WAY HB3407 10/07/2025 1,632.3270473 UNIFORM SHOPPE FIRE DEPARTMENT BALANCE ON UNIFORMS 10/07/2025 497.3070474 WEYERS EQUIPMENT INC DITCH MOWER MAINTENANCE / PARTS 10/07/2025 700.0070475 WI DEPT OF JUSTICE REGISTRATION T. ALLEN 10/07/2025 500.0070476 WI HUMANE SOCIETY ANIMAL IMPOUND SERVICES AUGUST 2025 10/07/2025 5,014.4070477 WPS - CONTRACTS SCHEURING ROAD RELOCATED UTLITY 10/07/2025 34.49CINTAS CINTAS CORP MATS AT OFFICE BUILDINGManual Check 10/07/2025 600.00AMPLITEL AMPLITEL TECHNOLOGIES 4-PCS QUOTE #001201Manual Check 10/07/2025 78,460.60GRBAYMETRO GREEN BAY METROPOLITAN SEWERAGE DISTRICT SEWERAGE TREATMENT AUGUSTManual Check 10/07/2025 8,225.00AMPLITELSEPT AMPLITEL TECHNOLOGIES SEPTEMBER BILLING MANAGED SERVICESManual Check 10/07/2025 134.06IRONMOUNTAIN IRON MOUNTAIN RECORDS MANAGEMENTManual Check 10/07/2025 871,985.92Grand Total PAGE 6 Reprint Check Register - Quick Report - ALL 41:49 PM ACCT ALL BANK ACCOUNTS ALL Checks Posted From: Thru Account:Thru: 10/07/2025 ______________________________________________________________________________________ Amount From Account:10/07/2025 10/01/2025 Page: 43,022.17Total Expenditure from Fund # 001 - General Fund 4,159.85Total Expenditure from Fund # 002 - Water Fund 81,202.95Total Expenditure from Fund # 003 - Sanitary Sewer Fund 600.00Total Expenditure from Fund # 004 - Capital Projects Fund 6,180.04Total Expenditure from Fund # 007 - Storm Water Fund 29,960.35Total Expenditure from Fund # 008 - TID #1 Fund 658,073.30Total Expenditure from Fund # 009 - TID #2 Fund 1,050.00Total Expenditure from Fund # 010 - Parks & Recreation 47,737.26Total Expenditure from Fund # 014 - Garbage & Recycling Program 871,985.92Total Expenditure from all Funds PAGE 7 VILLAGE BOARD MINUTES (REGULAR) – SEPTEMBER 16TH 2025 - Page 1 of 3 Village of Hobart Village Office 2990 S. Pine Tree Rd, Hobart, WI www.hobartwi.gov - www.buildinhobart.com MEETING MINUTES – VILLAGE BOARD (Regular) Date/Time: Tuesday September 16th 2025 (6:00 P.M.) Location: Hobart Village Office (2990 South Pine Tree Road) ROUTINE ITEMS TO BE ACTED UPON: 1. Call to order/Roll Call. The meeting was called to order by Rich Heidel at 6:03 pm. Dave Dillenburg, Melissa Tanke, Tammy Zi ttlow, and Rich Heidel were present. Excused: Vanya Koepke. 2. Certification of the open meeting law agenda requirements and approval of the agenda - ACTION: To certify the open meeting l aw agenda requirements and approve the agenda. MOTION: Dillenburg SECOND: Tanke. VOICE VOTE: 4-0. 3. Pledge of Allegiance - Those present recited the Pledge of Allegiance. 4. PUBLIC HEARINGS – None. 5. CONSENT AGENDA (These items may be approved on a single motion and vote due to their routine nature or previous discussion. Please indicate to the Board President if you would prefer separate discussion and action.) A. Payment of Invoices; B. VILLAGE BOARD: Minutes of September 2 nd 2025 (Regular); C. POLICE COMMISSION: Minutes of March 6th 2025; D. PLANNING AND ZONING COMMISSION: Minutes of July 7th 2025 ACTION: To approve the Consent Agenda as presented to include all manual checks. MOTION: Dillenburg SECOND: Tanke. VOICE VOTE: 4-0. 6. ITEMS REMOVED FROM CONSENT AGENDA – None. 7. CITIZENS’ COMMENTS/RESOLUTIONS/PRESENTATIONS No one spoke. A. PRESENTATION – CORE Verification for the Hobart-Lawrence Police Department Last week, the Wisconsin Law Enforcement Accreditation Group (WILEAG) Board unanimously voted to CORE Verify the Hobart- Lawrence Police Department, confirming that our agency meets esse ntial standards of professional policing. This achievement demonstrates our commitment to accountability, transparency, and best practices, and the department will be formally recognized at the Wisconsin Chiefs of Police Association Conference in February 2026. Chief Renkas will provide a brief presentation on what CORE Verification means for the Hobart and Lawrence communities. Chief Renkas presented the CORE Verification. Trustee Koepke joined the meeting at 6:11pm via telephone. 8. VILLAGE ADMINISTRATOR’S REPORT/COMMUNICATIONS A. INFORMATIONAL- Administrator Kramer reviewed each of the following with the Board PAGE 8 VILLAGE BOARD MINUTES (REGULAR) – SEPTEMBER 16TH 2025 - Page 2 of 3 1. August 2025 Village Balance Sheet 2. August 2025 Village Investment Reports 2. August 2025 Village Budget Reports Site Review will be held tomorrow night. Police Commission will be held later this month. A DNR representative will attend the Oct 7 Village Board meeting to provide information regarding the deer population. This phase of the parking expansion project is complete. 9. COMMITTEE REPORTS AND ACTIONS – None. Site Review will be held tomorrow night. Planning & Zoning will be held on October 6. Public Works & Utility Commission will meet in October. Parks & Recreation Committee will meet in Oct or Nov. The HALOS was held Tuesday morning. Tanke attended. 10. OLD BUSINESS A. DISCUSSION AND ACTION – Proposed Hobart Municipal Center The Village has an opportunity to purchase approximately 7-8 acre s of the current Joe DeNoble Sewer & Water Construction proper ty (774 West Adam Drive), including the existi ng buildings, for $6.2 million, with the Village taking possession in July 2028. The property would be used for a new law enforcement center (construction in 2028), a new Village Office (2028-29), and a new Public Works f acility (early 2030s). An updated memo has been drafted for this meeting, containing additional financial information and projections. ACTION: To suspend the rules of regular meeting order. MOTION: Heidel SECOND: Zittlow. VOICE VOTE: 5-0. Appearing before the board: Brian Pavlovich, 1329 Lear Ln Jeffrey Koehler, 3752 N. Overland and via email Al Sprague, 1294 S. Sedona Cir Lori Hendricks, 580 W. Adam ACTION: To return to the rules of regular meeting order. MOTION: Heidel SECOND: Dillenburg VOICE VOTE: 5-0. ACTION: To postpone action on the Proposed Hobart Municipal Center and schedule a Special Village Board Meeting for Wednesday, October 1, 2025 at 6:00pm. MOTION: Heidel SECOND: Zittlow VOICE VOTE: 5-0. Trustee Koepke left the meeting at 7:55pm ACTION: To recess for 15 minutes at 7:55pm. MOTION: Heidel SECOND: Dillenburg VOICE VOTE: 4-0. The meeting resumed at 8:17pm. 11. NEW BUSINESS A. DISCUSSION AND ACTION – Proposed 2026-2030 Capital Projects Plan This plan outlines the proposed Capital Projects for the next five (5) years, as well as a 10-year road improvement list. This Project plan is updated annually. No action was taken on the item. PAGE 9 VILLAGE BOARD MINUTES (REGULAR) – SEPTEMBER 16TH 2025 - Page 3 of 3 B. DISCUSSION AND ACTION – Approval of Upgrades to Golden Lane Facility The recent borrowing for the purchase of the property on Golden Lane included funds ($50,000) to perform several upgrades to th e Public Works storage building. Staff recommends approval of the building updates for $34,807.07 (Mr. Fix It $18,150.07, Van De Yacht $16,657.00). ACTION: To approve the building updates to the Golden Lane Facility for not to exceed $34,807.07 (Mr. Fix It $18,150.07, Van De Yacht $16,657.00), with the exception of additional costs of drilling that may be approved under the Village Administrator’s explicit authority. MOTION: Heidel SECOND: Dillenburg VOICE VOTE: 4-0. C. DISCUSSION AND ACTION – Ordinance 2025-10 (AN ORDINANCE TO REPEAL AND RECREATE CHAPTER 207 (NUISANCES) AND REPEAL SECTION 20 (CLEANUP OF CLANDESTINE DRUG LAB SITES AND CHEMICAL DUMP SITES) OF CHAPTER 221 (PEACE AND GOOD ORDER) OF THE MUNICIPAL CODE OF THE VILLAGE OF HOBART, BROWN COUNTY, WISCONSIN) The purpose of this Ordinance is to recreate the Nuisance Ordinance, and include more than one option for abatement, as well as a public-generated complaint process. This will be the first reading of the proposed Ordinance, with a second reading recommended for October. This was the first reading. No action was taken on the item. A second reading will be held at the October 7, 2025 Village Board Meeting. D. DISCUSSION AND ACTION – Ordinance 2025-11 (AN ORDINANCE TO REPEAL CHAPTER 114 (BICYCLES) OF THE MUNICIPAL CODE OF THE VILLAGE OF HOBART, BROWN COUNTY, WISCONSIN) The purpose of this Ordinance is to repeal the Chapter of the Municipal Code regarding bicycle registration. ACTION: To approve Ordinance 2025-11 (AN ORDINANCE TO REPEAL CHAPTER 114 (BICYCLES) OF THE MUNICIPAL CODE OF THE VILLAGE OF HOBART, BROWN COUNTY, WISCONSIN). MOTION: Heidel SECOND: Dillenburg VOICE VOTE: 4-0. E. DISCUSSION - Items for future agenda consideration or Committee assignment A Special Village Board Meeting will be held on October 1, 2025 at 6:00pm. The deer population will be discussed at the October 7, 2025 Village Board Meeting. The Road Vacation will be on the October 7, 2025 Village Board Meeting. There is no update on the water agreement. ACTION: To recess prior to going into closed session (8:51 PM). MOTION: Heidel SECOND: Dillenburg VOICE VOTE: 4-0. F. ADJOURN to CLOSED SESSION (9:11 PM): ACTION: To go into closed session 1) Under Wisconsin State Statute 19.85 (1) (e): Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session RE: Sale or Purchase of Property/TID Projects/Development Agreements, and 2) Under Wisconsin State Statute 19.85 (1) (g): Co nferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved. RE: Tribal Affairs; Potential Litigation MOTION: Heidel SECOND: Dillenburg ROLL CALL VOTE: 4-0. G. CONVENE into open session (10:31 PM) – MOTION: Dillenburg SECOND: Heidel ROLL CALL VOTE: 4-0. H. ACTION from closed session - None 12. ADJOURN (10:32 PM) – MOTION: Zittlow SECOND: Dillenburg VOICE VOTE: 4-0. Respectfully submitted by Lisa Vanden Heuvel, Village Clerk PAGE 10 VILLAGE BOARD MINUTES (Special) – OCTOBER 1ST 2025 - Page 1 of 2 Village of Hobart Village Office 2990 S. Pine Tree Rd, Hobart, WI www.hobartwi.gov - www.buildinhobart.com MEETING MINUTES – VILLAGE BOARD (Special) Date/Time: Wednesday October 1st 2025 (6:00 P.M.) Location: Hobart Village Office (2990 South Pine Tree Road) ROUTINE ITEMS TO BE ACTED UPON: 1. Call to order/Roll Call. The meeting was called to order by Rich Heidel at 6:00 pm. Dave Dillenburg, Vanya Koepke, Melissa T anke, Tammy Zittlow, and Rich Heidel were present. 2. Certification of the open meeting law agenda requirements and approval of the agenda - ACTION: To certify the open meeting l aw agenda requirements and approve the agenda. MOTION: Koepke SECOND: Zittlow. VOICE VOTE: 5-0. 3. Pledge of Allegiance - Those present recited the Pledge of Allegiance. 4. NEW BUSINESS A. DISCUSSION AND ACTION – Proposed Hobart Municipal Center The Village has an opportunity to purchase approximately 7-8 acre s of the current Joe DeNoble Sewer & Water Construction proper ty (774 West Adam Drive), including the existi ng buildings, for $6.2 million, with the Village taking possession in July 2028. The property would be used for a new law enforcement center (construction in 2028), a new Village Office (2028-29), and a new Public Works f acility (early 2030s). ACTION: To suspend the rules of regular meeting order. MOTION: Heidel SECOND: Koepke. VOICE VOTE: 5-0. Appearing before the board: Jeffrey Koehler, 3752 N. Overland, via email Al Sprague, 1294 S. Sedona Cir Don Saben, 1096 Heyerdahl Heights Brian Pavlovich, 1329 Lear Ln ACTION: To return to the rules of regular meeting order. MOTION: Heidel SECOND: Zittlow. VOICE VOTE: 5-0. ACTION: To proceed with the Real Estate Purchase and Sales Agreement with JDSW LLC, and notify the owners of said LLC that no contingencies exist that would prevent the contract from being executed. MOTION: Heidel SECOND: Koepke. ROLL CALL VOTE: 5-0. ACTION: To recess prior to going into closed session (7:18 PM). MOTION: Heidel SECOND: Dillenburg. VOICE VOTE: 5-0. B. ADJOURN to CLOSED SESSION (7:56 PM): ACTION: to go into closed session under Wisconsin State Statute 19.85 (1) (e): Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed sess ion RE: /TID Projects/Development Agreements. MOTION: Heidel SECOND: Zittlow. ROLL CALL VOTE: 5-0. C. CONVENE into open session (8:40 PM) MOTION: Tanke SECOND: Zittlow. ROLL CALL VOTE: 5-0. PAGE 11 VILLAGE BOARD MINUTES (Special) – OCTOBER 1ST 2025 - Page 2 of 2 D. ACTION from closed session – ACTION: To approve a Land Option for HB-3261 (1.043 acres) with Bay Ridge Investments LLC MOTION: Heidel SECOND: Koepke. ROLL CALL VOTE: 5-0. 5. ADJOURN (8:41 PM) – MOTION: Heidel SECOND: Zittlow. VOICE VOTE: 5-0. Respectfully submitted by Lisa Vanden Heuvel, Village Clerk PAGE 12 SITE REVIEW COMMITTEE MINUTES – AUGUST 20TH 2025 – PAGE 1 Village of Hobart Site Review Committee Minutes Hobart Village Office; 2990 S. Pine Tree Rd, Hobart, WI Wednesday, August 20, 2025 – 5:30 pm __________________________________________________________________________________________________ MEETING MINUTES – SITE REVIEW COMMITTEE Date/Time: Wednesday August 20, 2025 (5:30 PM) Location: Village Office, 2990 South Pine Tree Road Members: Dave Dillenburg, Tammy Zittlow, Dave Baranczyk, Rick Nuetzel, Steve Riley, Tom Tengowski, Peter Zobro ROUTINE ITEMS TO BE ACTED UPON: 1. Call to order/Roll Call. The meeting was called to order by Dave Dillenburg at 5:34 pm. Roll call: Dave Baranczyk, Tom Tengowski, Peter Zobro, Tammy Zittlow (arrived at 5:40 pm), and Dave Dillenburg were present. Excused: Rick Nuetzel and Steve Riley. 2. Certification of the open meeting law age nda requirements and approval of the agenda. ACTION: To certify the open meeting law agenda requirements. MOTION: Dave Dillenburg SECOND: Dave Baranczyk MOTION APPROVED: 4-0 3. Approve Minutes of June 18th 2025. Motion by Dave Baranczyk to approve the June 18, 2025 minutes, Seconded by Tom Tengowski. Motion approved 4-0. 4. Public Comment on Non-Agenda Items. None Tammy Zittlow joined the meeting(5:40pm). ACTION ITEMS 5. DISCUSSION AND ACTION - Request for new exterior processing equipment (1001 Fernando Drive; HB-337) Green Bay Converting, located at 1001 Fernando Dr., is proposing the installation of four Regenerative Thermal Oxidizer (RTO) units to assist with the processing of their everyday production / operations. The proposed RTOs will be located along the east elevatio n of the existing building. Discussion of the requested processing / mechanical equipment with the following conditions: 1. Property owner and/or agent shall obtain the necessary approvals from both the FAA and EPA prior to commencement of any work on these units. 2. Installation of black coded chain-link fence with a maximum of 10 feet in height encompassing all RTO units. 3. Any change to equipment prior to installation (for those units installed at a later date) shall require resubmittal to the Site Review Committee at that time. Motion by Tom Tengowski to approve the processing / mechanical equipment as proposed with the above conditions, Seconded by Tammy Zittlow. Motion approved 5-0. 6. DISCUSSION AND ACTION - Request for a 1,800 square foot accessory building (780 Centerline Drive, HB-2679) (Page 14) EMT International, located at 780 Centerline Dr., is proposing an accessory building of 1,800 square feet to be constructed on site and used for a temporary basis (not to exceed 4 years). This building would be located adjacent to and on the north side of the exi sting principal building. Motion by Dave Dillenburg to suspend the rules of regular meeting order, Second by Tammy Zittlow. Motion approved 5-0. Appearing before the committee: Robert Zittlow, 3118 Pioneer Dr. Motion by Dave Dillenburg to return to the rules of regular meeting order, Second by Tammy Zittlow. Motion approved 5-0. Discussion of the requested 1,800 sf. Accessory building with the following conditions: 1. Colors of proposed building shall be similar to that of the existing principal structure. 2. Proposed building to be for cold storage only and planned to be temporary in nature. Should the proposed building be needed for greater than the 4 years as noted in the narrative by the applicant, this project shall be brought back to the Village Site Review PAGE 13 SITE REVIEW COMMITTEE MINUTES – AUGUST 20TH 2025 – PAGE 2 Committee for review and action to have the building be compliant with all requirements for this zoning district including but not limited to: percentage of masonry, all exterior building finishes, landscaping, etc. Building shall either be removed from site by August 20, 2029, or brought into compliance with all zoning requirements by December 31, 2029. Motion by Dave Dillenburg to approve the accessory building as proposed with the above conditions, Seconded by Dave Baranczyk. Motion approved 5-0. 7. DISCUSSION AND ACTION – Request to consider a 200-unit, 10-building leased residential development with associated site improvements (1200 Block Lear Lane; HB-347) PDK Investments, LLC is proposing to construct a third phase to their development which would consist of 10-20-unit two story buildings totaling 200 new leased residential units. Additionally, there are 10-16 unit detached garage buildings to accommodate the 20-u nit buildings as these buildings only contain 4 attached garages per structure. Access to the new phase will utilize the existing ingress/egress from Lear Ln. that serves the existing development with a secondary ingress/egress proposed along Orlando Dr. Motion by Dave Dillenburg to suspend the rules of regular meeting order, Second by Dave Baranczyk. Motion approved 5-0. Appearing before the committee: Robert Zittlow, 3118 Pioneer Dr. Motion by Dave Dillenburg to return to the rules of regular meeting order, Second by Dave Baranczyk. Motion approved 5-0. Discussion of the requested 200-unit, 10-building leased residential development with associated site improvements with the fol lowing conditions: 1. Implementation of additional masonry material along all building facades (principal structures and accessory structures) that front a public street to achieve similar appearance as those of adjoining developments (such as with the complex referred to as “Knots Landing” along Orlando Dr.). 2. All HVAC grills for individual units shall be color matched to blend with the color of the exterior material it is located within. 3. All wall mounted lighting proposed shall be directed towards the interior parking areas and no such lighting shall create a glare to adjoining properties or public roadways. 4. Landscape plan for phase III shall be submitted to the SRC at a later date for review and approval prior to implementation. 5. Any proposed signage shall be submitted to the SRC for review and approval prior to permitting and installation. 6. Installation of directional address signage within and throughout the proposed and existing developments working with Village Departments to verify most functional locations and design (including existing building address signs and freestanding signs. 7. Developer obtaining approval from Brown County for ingress / egress access along Orlando Dr. 8. Developer to coordinate with Village’s Fire Department to provide proper maneuvering area for emergency vehicles at the end of the drive and parking areas between proposed buildings #7 and #8 to prevent dead end drive lanes. 9. Developer to coordinate with Village’s Fire Department for review and placement of key lockbox locations, contents, and total number of boxes for both this proposed Phase II and the previous Phase II. Motion by Tom Tengowski to postpone action to the September 17, 2025, Seconded by Dave Baranczyk. Motion approved 5-0. 8. DISCUSSION AND ACTION – Request for new wall signage at Hillcrest Elementary School (4193 Hillcrest Road; HB-712) Hillcrest Elementary School, located at 4193 Hillcrest Dr., is ne aring the completion of a substa ntial addition / renovation pr oject and requests to install a 40 square foot wall mounted Electronic Message Center (EMC) on the front (east) building elevation facing Hillcrest Road. Discussion of the requested new EMC wall sign with the following conditions: 1. Property owner submitting a letter to the Village as part of the permit application certifying that they will comply with the prescribed brightness limitations set by the sign ordinance for Electronic Message Centers. Motion by Tammy Zittlow to approve the 40 square foot EMC wall sign as proposed with the above conditions, Seconded by Peter Zobro. Motion approved 5-0. 9. DISCUS SION AND ACTION – Request for revisions to the pr oposed freestanding sign located at La Petite Academy (4275 Hillcrest Road.; HB-713) PAGE 14 SITE REVIEW COMMITTEE MINUTES – AUGUST 20TH 2025 – PAGE 3 La Petite Academy is an operating day care facility (formerly Shining Stars Children and Education Center) and is submitting fo r review and action of revision to the proposed freestanding sign. Discussion of the revision to proposed freestanding sign with the following conditions: 1. Sign shall maintain a minimum 10-foot setback from front property line (street right-of-way) Motion by Tammy Zittlow to approve the revised freestanding sign as proposed with the above conditions, Seconded by Dave Baranczyk. Motion approved 5-0. 10. DISCUSSION - Items for future agenda consideration – None. 11. ADJOURN Motion by Tom Tengowski to adjourn the meeting, Seconded by Dave Ba ranczyk; Motion approved 5-0. Meeting adjourned at 7:09 pm. Respectfully submitted by Todd Gerbers, Director of Planning & Code Compliance PAGE 15 Village of Hobart Meeting Minutes – Thursday, September 4, 2025 @ 6:00 PM Village of Hobart Office 2990 S. Pine Tree Rd. Hobart, WI 54115 Call to Order The meeting was called to order by John Shimek at 6:00 PM. Roll Call Commissioners John Shimek, Ron Jaeger, Don Hedrick, Dave Konshak, and Larry Potter were present. Chief Renkas was in attendance. Approval of Agenda and Certification of the Open Meeting Law Agenda Requirements A motion to confirm certification of the open meeting law agenda requirements and approval of the agenda was made by Larry Potter and seconded by John Shimek at 6:04 PM. All in favor; motion carried. Approval of Meeting Minutes A motion was made to approve the minutes of March 6, 2025 at 6:04 PM. Motion made by Don Hedrick and seconded by Dave Konshak. All in favor; motion carried. New Business Chief Renkas provided updates to the commission on areas including answering questions about earlier quarterly reports from 2025, positive department morale, the settling in of recently promoted officers, an accreditation update, the status of the department’s strategic plan, the recent signing of a 10-year agreement between Hobart and Lawrence, and the possibility of a land acquisition in the coming years for new municipal buildings. Adjourned to Closed Session A motion to adjourn to closed session was made by Ron Jaeger at 6:22 PM, seconded by John Shimek. All in favor; motion carried. Convened to Open Session A motion to convene to open session was made by Larry Potter at 8:17 PM, seconded by Ron Jaeger. All in favor; motion carried. Action from Closed Sesson Following discussion in closed session, a successful candidate for the vacant officer position was identified. A recommendation was given to Chief Renkas for the conditional offer of employment contingent on written, psychological, and drug/medical testing, along with a background investigation. A motion was made by John Shimek at 8:19 PM seconded by Ron Jaeger. All in favor; motion carried. Adjournment A motion to adjourn the meeting was made at 8:19 PM by Don Hedrick, seconded by Ron Jaeger. All in favor; motion carried. PAGE 16 PLANNING AND ZONING COMMISSION MINUTES – SEPTEMBER 8TH 2025 Village of Hobart Planning & Zoning Commission Minutes Hobart Village Office; 2990 S. Pine Tree Rd, Hobart, WI Monday, September 8, 2025 – 5:30 pm 1. Call to order/Roll Call – The meeting was called to order by Rich Heidel at 5:33 pm. Jeff Ambrosius, Tom Dennee, John Rather, Melissa Tanke, and Rich Heidel were present. Excused: David Johnson, Bob Ross. 2. Certification of the open meeting law agenda requirements and approval of the agenda – ACTION: To certify the open meeting law agenda requirements and approve the agenda. MOTION: Heidel SECOND: Ambrosius. VOICE VOTE: 5-0. 3. Approval of Minutes of the July 7, 2025 meeting – ACTION: To approve the Minutes of the July 7, 2025 meeting as presented . MOTION: Dennee SECOND: Ambrosius. VOICE VOTE: 5-0. 4. Public Comment on Non-Agenda Items – None. 5. DISCUSSION AND ACTION – Vacating street right-of-way for Lonesome Road and a portion of West Adam Drive The Village of Hobart has been requested by Brown County Austin Straubel International Airport to vacate street right-of-way fo r Lonesome Rd. and a portion of W. Adam Dr. Both street rights-of -way are undeveloped and are located within the fenced area of t he airport property with all abutting parcels being owned by Brown County Airport. The initial resolution to vacate these street r ights-of-way has been presented to the Village Board at the August 19 th meeting and the next step in the vaca ting process is to have a meeting for the public at the Planning & Zoning Commission meeting. A public hearing for final action by the Village Board is slated for Oc tober 7, 2025. ACTION: To approve the street right-of-way vacation for Lonesome Rd. and a portion of W. Adam Dr. which is legally described as: A parcel of land located in part of Government Lots 1-5, 8, 9, 15 & 17, Section 12, T23N, R19E, Village of Hobart, Brown County , Wisconsin, described as follows: Commencing at the Southwest corner of Section 12, T23N, R19E; thence N86°19’25”E, 1823.44 feet along the south line of the SW ¼ of Section 12; thence N03°40’35”W, 24.75 feet to the north right of way line of West Adam Drive, the POINT OF BEGINNING; thence N86°19’25”E, 619.76 feet along said north right of way line to the west right of way line of Lonesome Road; thence N00°52’17”E, 1297.98 feet along said west right of way line; thence N01°03’21”E, 559.30 feet along said west right of way line to the north right of way line of Lonesome Road; thence N58°37’56”E, 59.23 feet along said north right of way line; thence S01°03’21”W, 590.98 feet along the east right of way line of Lonesome Road; thence S00°52’17”W, 1293.92 feet along the east right of way line of Lonesome Road to the north right of way line of West Adam Drive; thence N86°19’25”E, 1488.28 feet along said north right of way line; thence S00°05’26”W, 49.61 feet along the east right of way line of West Adam Drive to the south right of line of West Adam Drive; thence S86°19’25”W, 2154.94 feet along said south right of way line to the northwest corner of land described in Jacket 8269, Image 36, Brown County Registry; thence N03°40’35”W, 49.50 feet to the Point of Beginning. Said parcel proposed to be vacated contains 200,305 Square Feet (4.598 Acres) of land, more or less. MOTION: Dennee SECOND: Tanke. VOICE VOTE: 5-0. 6. ADJOURN (5:43 pm)– MOTION: Ambrosius SECOND: Tanke VOICE VOTE: 5-0. Respectfully submitted by Lisa Vanden Heuvel, Village Clerk PAGE 17 Page 1 of 1 MEMORANDUM TO: Village Board FROM: Aaron Kramer, Village Administrator RE: Deer Population Issue DATE: October 7th 2025 BACKGROUND The Village Administrator and Police Chief met with Steve Burns (DNR Wildlife Biologist) last month to discuss the deer population in Hobart, as well as possible programs and approaches to the issue. Part of the discussion was held on the program Howard is implementing to address the deer issue in that municipality. Mr. Burns will attend tonight’s Board meeting to share those observations and suggestions with the Board. This is an informational item only – no official programs are being proposed as part of the presentation POSSIBLE OPTIONS TO CONSIDER DETERMINING THE DEER POPULATION  Aerial survey of the Village to determine the deer population and density. It would also help determine optimal locations for general or targeted hunting, if that option is explored. POSSIBLE MUNICIPAL SOLUTIONS  Targeted feeding ban  Wisconsin Act 82, enacted in 2005, created a "no public hunting" (Act 82) option within the Wisconsin Wildlife Damage Abatement and Claims Program (WDACP) for Commercial Agricultural Producers (Producers) dealing with deer damage. Under this option, a Producer receives a deer shooting permit but waives their right to other damage abatement and claim benefits for that year, allowing them to participate in a landowner-led deer harvest without charging fees for hunting access. This allows Producers to address deer damage through a controlled hunt on their property.  Hunting Registry  Deer Removal Permit Program OTHER POSSIBLE SOLUTIONS/PROGRAMS AND TOPICS OF DISCUSSION  Public education program in conjunction with Wisconsin DNR  Program for disposal of hunted deer  Public meeting to obtain public input on deer issue and/or programs to address. PAGE 18 TO: Planning & Zoning Commission RE: CSM, Centerline Dr. HB-523-7, HB-523-2, snd part of HB-525-2 FROM: Todd Gerbers, Director of Planning & Code Compliance DATE: October 6, 2025 GENERAL INFORMATION 1. Applicants/Agent: Bryan Pfeffer – Robert E. Lee & Associates, Inc. 2. Owner: North Hobart Business Park, LLC 3. Parcel: HB-523-7, HB-523-2, and part of HB-5252 4. Zoning: PDD#1: Centennial Centre at Hobart District ZONING REQUIREMENTS The property owner of parcels HB-523-7, HB-523-2, and part of HB-525-2, located in the 600 Block of Centerline Dr., is proposing a two lot CSM combining 3 parcels into two parcels of 1.910 and 3.465 acres, with 1 Outlot of 0.669 acres along Centerline Dr. between Founders Terrace and Larsen Orchard Parkway. The existing parcel is currently zoned PDD#1: Centennial Centre at Hobart District and the proposed CSM would create two new lots that maintain compliance with Village Code requirements relating to lot size and lot width. RECOMMENDATION/CONDITIONS Staff recommends approval as submitted noting that this would be approval for both the preliminary and final CSM should there be no adjustments to the final CSM. ISSUE: Consider a 2 Lot CSM creating two new parcels of 1.910 and 3.465 acres, with 1 Outlot of 0.669 acres RECOMMENDATION: Staff recommends approval. PAGE 19 PAGE 20 West 1/16 Corner on the North 1/2 Line of Section 11, T24N-R19E. Found 1" Iron Pipe w/ Brown County ID Cap SE/NW - Section 11 85' 35' 35' 35' Lot 2 CSM 9859 CSM 9828 35' ROW width varies 40' 40' 35' 35' Larsen Orchard Village of Howard Village of Hobart OUTLOT 1 29,146 SF 0.669 Acres LOT 2 150,920 SF 3.465 Acres Lot 1 CSM 9588 Lot 2 CSM 9588 Lot 2 CSM 9925Lot 1 CSM 9925 Unplatted LandsUnplatted Lands Centerline Drive State Trunk Highway "29-32" Lot 1 - Section 11 (a.k.a. the Northeast 1/4 of the Northwest 1/4) Lot 3 - Section 11 Lot 1 - Section 11 Lot 1 CSM 9924 Lot 2 CSM 9924 Founders Terrace S89°58'41"E 319.49' 230.48'459.17' 234.38' S88°30'00"W 327.79' N00°31'00"E 450.79' N01°33'05"E 288.44' 6' tall chain link fence is ±2.3' northerly of ROW line S61°40'25"E 414.59' S00°01'19"W 689.65' LOT 1 83,200 SF 1.910 Acres 37.5' 37.5' 37.5' 37.5' C1 C5 C6 C4 180.21' N28°22'54"E 244.05' C2 C3 RAD = 75' 35' 35' 85' ROW width varies 12' Utility Easement per CSM 9925 12' wide Electric Underground and Overhead & Gas Easement granted to Wisconsin Public Service Corporation per Document No: 3017032 12' 88.91' 238.88' N01°33'05"E 142.92' Lot 2 - Section 11 SW/NW - Section 11 Lot 2 - Section 11 Lot 3 - Section 11 6' tall chain link fence is ±0.2' southerly of ROW line ALL OF LOT 1 OF CERTIFIED SURVEY MAP NUMBER 9925, DOCUMENT NUMBER 3099887 AND PART OF LOTS 1 AND 3, ALL BEING PART OF SECTION 11, TOWNSHIP 24 NORTH, RANGE 19 EAST, VILLAGE OF HOBART, BROWN COUNTY, WISCONSIN CERTIFIED SURVEY MAP SHEET 1 OF 6 NOTES: 1) Affected Parcel No's: HB-523-2,HB-523-7 & HB-525-2 2) See curve table on Sheet 2 of 6 POINT OF BEGINNING North 116 Corner on the West Line of Section 11, T24N-R19E Mag Nail with ID Washer Found R:\2000\2035\2035584\dwg\2035584csm.dwg S89°47'52"E 1309.26' Bearings are referenced to the Brown County Coordinate System. The north line of the SW 1/4 - NW 1/4 of Section 11, T24N-R19E bears S89°47'52"E. 240'0' 60' 120' SCALE: 1"= 120' Indicates No Access to STH "29/32" Set 1" x 18" Iron Pipe with cap Recorded County Monument Found 1" Iron Pipe weighing 1.38 lbs./lin. ft. LEGEND PAGE 21 SURVEYOR'S CERTIFICATE: I, Bryan L. Pfeffer, Professional Land Surveyor, do hereby certify that by the order and under the direction of the owners listed hereon, I have surveyed, divided and mapped all of Lot 1 of Certified Survey Map Number 9925, Document Number 3099887 and part of Lots 1 and 3, all being part of Section 11, Township 24 North, Range 19 East, Village of Hobart, Brown County, Wisconsin, more fully described as follows: Commencing at the North 1/16 corner on the west line of said Section 11; thence S89°47'52"E, 1309.26 feet on the south line of Lot 2 of said Section 11 to the West 1/16 corner on the north 1/2 line of said Section 11; thence N01°33'05”E, 142.92 feet on the east line of said Lot 2 and continuing on the east line of said Lot 3 to the north right of way of Centerline Drive, the POINT OF BEGINNING; thence S88°30'00"W, 88.91 feet on said north right of way to the east right of way of Founders Terrace; thence N00°31'00”E, 450.79 feet on said east right of way; thence on said east right of way, 30.16 feet on the arc of a 37.50 foot radius curve to the right, having a long chord which bears N23°33'13.5”E, 29.35 feet; thence on said east right of way and continuing on the northeast and north right of way of Founders Terrace, 187.88 feet on the arc of a 75.00 foot radius curve to the left, having a long chord which bears N25°10'24”W, 142.47 feet to the east line of Lot 1, Certified Survey Map Number 9588, Document Number 3028549; thence N01°33'05"E, 288.44 feet on said east line to the south right of way of State Trunk Highway "29-32"; thence S61°40'25"E, 414.59 feet on said south right of way to the northeast corner of Lot 1 of Certified Survey Map Number 9925, Document Number 3099887; thence S00°01'19"W, 689.65 feet on said east line to the north right of way of Centerline Drive; thence S88°30'00"W, 238.88 feet on said north right of way to the Point of Beginning. Said parcel contains 263,266 square feet or 6.044 acres of land more or less subject to any and all easements and restrictions of record. That the within map is a true and correct representation of the exterior boundaries of the land surveyed and the division of that land and that I have fully complied with the provisions of Chapter 236.34 of the Wisconsin Statutes and Chapter 21 of the Brown County Land Division and Subdivision Ordinance in the surveying, dividing and mapping of the same. Dated this ________ day of __________________, 2025. _______________________________________________ Bryan L. Pfeffer PLS #2924 ROBERT E. LEE & ASSOCIATES, INC. R:\2000\2035\2035584\dwg\2035584csm.dwg ALL OF LOT 1 OF CERTIFIED SURVEY MAP NUMBER 9925, DOCUMENT NUMBER 3099887 AND PART OF LOTS 1 AND 3, ALL BEING PART OF SECTION 11, TOWNSHIP 24 NORTH, RANGE 19 EAST, VILLAGE OF HOBART, BROWN COUNTY, WISCONSIN CERTIFIED SURVEY MAP SHEET 2 OF 6 Curve Table Curve # C1 C2 C3 C4 C5 C6 Delta 46°04'27" 27°11'41" 18°52'46" 143°31'42" 103°06'53" 40°24'49" Radius 37.50' 37.50' 37.50' 75.00' 75.00' 75.00' Length 30.16' 17.80' 12.36' 187.88' 134.98' 52.90' Chord Direction N23°33'13.5"E N14°06'50.5"E N37°09'04"E N25°10'24"W N04°57'59.5"W N76°43'50.5"W Chord Length 29.35' 17.63' 12.30' 142.47' 117.48' 51.81' Tangent Bearing N46°35'27"E N27°42'41"E N46°35'27"E N46°35'27"E N46°35'27"E N56°31'26"W Second Tangent Bearing N00°31'00"E N00°31'00"E N27°42'41"E S83°03'45"W N56°31'26"W S83°03'45"W PAGE 22 RESTRICTIVE COVENANTS: The undersigned, being the owner of the real estate legally described on Sheet 2 of 6 and mapped on Sheet 1 of 6 of this Certified Survey Map (the “Subject Real Estate”) hereby subject said real estate to the covenants contained herein. Each part of the Subject Real Estate shall be held, sold and conveyed only subject to the following covenants, conditions and restrictions, which shall constitute covenants running with land, and shall be binding upon all parties acquiring or holding any right, title or interest in the Subject Real Estate (or any part thereof), their heirs, personal representatives, successors or assigns, and the covenants contained herein shall inure to the benefit of each owner thereof. 1. Restriction on Transfer. Without the express written consent of the Village of Hobart, no owner of any interest in the Subject Real Estate (or any part thereof) shall transfer any interest in the Subject Real Estate, to any individual, entity (whether corporation, limited liability company, limited partnership, limited liability partnership, general partnership or otherwise), organization, or sovereign nation, or during the period of ownership take any other action, the result of which would: (1) remove or eliminate the Subject Real Estate (or any part thereof) from the tax rolls of the Village of Hobart; (2) diminish or eliminate the payment of real estate taxes levied or assessed against the Subject Real Estate (or any part thereof), and/or (3) remove the Subject Real Estate (or any part thereof) from the jurisdiction of the Village of Hobart, including but not limited to, zoning authority and controls. This restriction shall apply to the transfer of an interest in an entity that is an owner of the Subject Real Estate if, as a result of the transfer, any of items (1) - (3) above would occur. Notwithstanding the foregoing, nothing contained in this Restrictive Covenant, including without limitation this paragraph, shall be deemed or construed to: (i) prevent, limit or restrict any owner or holder of any interest in the Subject Real Estate (or any part thereof) from contesting, protesting, appealing or otherwise challenging (through whatever lawful means are necessary or advisable) the amount of any real property tax levied or assessed by any “taxation district” or “taxing jurisdiction” (as the foregoing terms are defined in and by Wis. Stats. Section 74.01(6) - (7) and/or successor statutes thereto and/or regulations promulgated thereunder) including without limitation the State of Wisconsin, Brown County, the Village of Hobart, municipal or school district, township or other jurisdiction assessing “general property taxes” (as defined by Wis. Stats. Section 74.01(1) or successor statutes and/or regulations promulgated thereunder) levied or assessed against the Subject Real Estate (or any part thereof) and/or “special assessments”, “special charges”, “special tax” (as the foregoing terms are defined in and by Wis. Stats. Section 74.01(1) - (5) and/or successor statutes thereto and/or regulations promulgated thereunder) and/or other municipal or governmental charges levied or assessed against the Subject Real Estate; (ii) effect a waiver, abrogation, release or relinquishment of any constitutional rights granted to or held by real property owners under the constitution or laws of the United States and/or the State of Wisconsin, including without limitation pursuant to Chapters 74 and 75, Wis. Stats.; or (iii) except as expressly covenanted and agreed herein, to cause the Subject Real Estate to be taxed or otherwise treated by the Village of Hobart in any manner differently from any other parcel of real estate located within the Village of Hobart's lawful taxing jurisdiction, zoning authority and/or jurisdiction of the Village of Hobart. R:\2000\2035\2035584\dwg\2035584csm.dwg CERTIFIED SURVEY MAP The property owners, at the time of construction, shall implement the appropriate soil erosion control methods outlined in the Wisconsin Construction Site Erosion and Sediment Control Technical Standards (available from the Wisconsin Department of Natural Resources) to prevent soil erosion. However, if at the time of construction the Village has an adopted soil erosion control ordinance, it shall govern over this requirement. This provision applies to any grading, construction or installation-related activities. SURVEYOR'S NOTES: The land on all side and rear lot lines of all lots shall be graded by the owner and maintained by the abutting property owners to provide for adequate drainage of suface water. LOT DRAINAGE RESTRICTIVE COVENANT: (Covenants continued on sheet 4 of 6) SHEET 3 OF 6 ALL OF LOT 1 OF CERTIFIED SURVEY MAP NUMBER 9925, DOCUMENT NUMBER 3099887 AND PART OF LOTS 1 AND 3, ALL BEING PART OF SECTION 11, TOWNSHIP 24 NORTH, RANGE 19 EAST, VILLAGE OF HOBART, BROWN COUNTY, WISCONSIN PAGE 23 RESTRICTIVE COVENANTS (CONTINUED): R:\2000\2035\2035584\dwg\2035584csm.dwg CERTIFIED SURVEY MAP 2. Notice of Transfer. (a) Notice and Consent to Transfer. Prior to any transfer of any interest in the Subject Real Estate (or any part thereof) the party proposing to transfer an interest shall comply with the following. The transferor shall provide advance written notice of the intended transfer, executed by both the transferor and the intended transferee of such interest, to the Village of Hobart. The notice shall contain: (1) a complete and accurate description of the interest to be transferred and the relevant part(s) of the Subject Real Estate affected; (2) the correct legal name and current business address of the transferee; and (3) a legally enforceable consent agreement from the transferor and transferee acknowledging knowledge of these Restrictive Covenants and, further agreeing that the Subject Real Estate shall be subject to the terms and conditions hereof following the transfer and that transferee will take no action in violation of these Restrictive Covenants. The notice of transfer shall be delivered to the Village of Hobart not later than fifteen (15) calendar days prior to any transfer of any interest in the Subject Real Estate or any portion thereof. The Village of Hobart shall have fifteen (15) days from the date of the notice of transfer to object to the transfer as being in violation of the terms of these Restrictive Covenants by forwarding written notice thereof to the transferor. In the event of such an objection, the transferor shall be prohibited from transferring the interest alleged to be transferred until such time as a court of competent jurisdiction determines that the proposed transfer does not violate the terms of these Restrictive Covenants. (b) Failure to Act. If the Village of Hobart fails to timely object to the transfer within fifteen (15) calendar days, the transfer may occur; provided, however, that the Village of Hobart's failure to object shall not operate, in any manner, as a waiver of any of the restrictions set forth herein or the consent to violate any of the terms hereof. (c) Basis for Objection. Village of Hobart shall not unreasonably withhold or delay its consent to any transfer of any interest subject to these Restrictive Covenants, and the sole and exclusive basis for any objection made pursuant to the foregoing process shall be that the transfer would cause a violation of these Restrictive Covenants. (d) Inapplicability. Notwithstanding anything in these Restrictive Covenants to the contrary, the foregoing provisions are not intended to affect, and shall not apply to: (i) any transferor's grant of utility, ingress/egress, access, maintenance, signage, drainage, conservation or other easements or similar interests of any type or nature in the Subject Real Estate (or parts thereof) for the benefit of third parties which are immaterial to the fee ownership of the Subject Real Estate; (ii) any transferor's grant to a third party or parties of any real estate security agreement, mortgage(s), deed in trust, Uniform Commercial Code (UCC) fixture or other filing or other similar security devices or instrument evidencing a collateral interest in the Subject Real Estate (or any part thereof) to be held by any bank, credit union, savings and loan or saving bank, and/or other lenders in consideration of past, present and/or future indebtedness by any transferor, unless, and not until, there is a foreclosure or execution on such real estate security instrument which results in the transfer of title to the Subject Real Estate (or any part thereof); or (iii) any other grant of a material interest in the Subject Real Estate (or part thereof) which does not substantially alter the fee simple or other equitable ownership in the Subject Real Estate and does not result in the violating the restrictions contained in paragraph 1 above. 3. Waiver of Certain Restrictions. Notwithstanding anything in these Restrictive Covenants to the contrary, the restrictions set forth in paragraph 1, hereof, as restrictions (1) and (2) which pertain to tax assessments against the Subject Real Estate (or any part thereof), shall be deemed to have been waived by the Village as to any owner and proposed transferee of the Subject Real Estate (or any part thereof), provided that the proposed transferee enters into a written and legally enforceable agreement, that the proposed transferee will make payments to the Village of Hobart in lieu of real estate taxes, which payments shall equal the tax assessments which would otherwise be due the Village of Hobart, Brown County, Pulaski School District and Vocational/Technical School (or any other beneficiary of real estate taxes) for the Subject Real Estate (or portion) owned or proposed to be transferred, and which shall be due at the time real estate tax payments are due from the real estate tax assessed parcels of the Village of Hobart and that the obligation to make said payment shall be in full force and effect for so long as the proposed transferee holds title to the Subject Real Estate (or any portion thereof). The proposed transferee must further confirm and agree, in writing to the Village of Hobart, that in the event that any such payment in lieu of real estate taxes is not made when due, the proposed transferee consents to the imposition of a lien on the Subject Real Estate (or portion) in favor of the Village, in the amount of the unpaid amount. With respect to restriction (3) contained in paragraph 1, the Village will agree to waive this restriction upon receipt of a legally enforceable consent agreement whereby the owner or proposed transferee agrees to be bound by the jurisdiction of the Village of Hobart, including, but not limited to, zoning authority and controls. 4. Duration of Restrictions. The covenants, conditions, and restrictions contained in this instrument are to run with the land and shall be binding on all parties and all persons claiming under them, unless and until an instrument terminating the covenants set forth herein, or any portion thereof, is executed by the owners of record title and Village of Hobart and filed with the Register of Deeds for Brown County, Wisconsin. 5. Reformation of Covenants. If any provision or clause of these Restrictive Covenants is held to be invalid or inoperative by a court of competent jurisdiction, then such clause or provision shall be severed herefrom without affecting any other provision or clause of this Agreement, the balance of which shall remain in full force and effect; provided, however, that if such provision or clause may be modified for it to be valid as a matter of law, then the provision or clause shall be deemed to be modified so as to be enforceable to the maximum extent permitted by law. 6. Amendment of Covenants. These Restrictive Covenants may be amended by the Village without the consent of any owner, lien holder or other party having an interesting the Subject Real Estate if an issue arises with respect to the invalidity or enforceability of any clause or provision and said amendment is required to render said provision or clause valid and enforceable to the maximum extent permitted by law. Any other amendment shall require the consent of the Village and the record owner(s) holding title to at least 75% of the total assessed value of the Subject Real Estate. (Covenants continued on sheet 5 of 6) SHEET 4 OF 6 ALL OF LOT 1 OF CERTIFIED SURVEY MAP NUMBER 9925, DOCUMENT NUMBER 3099887 AND PART OF LOTS 1 AND 3, ALL BEING PART OF SECTION 11, TOWNSHIP 24 NORTH, RANGE 19 EAST, VILLAGE OF HOBART, BROWN COUNTY, WISCONSIN PAGE 24 RESTRICTIVE COVENANTS (CONTINUED): R:\2000\2035\2035584\dwg\2035584csm.dwg CERTIFIED SURVEY MAP 7. Miscellaneous. (a) Expenses. In the event that any legal action is filed arising out of, or relating to these Restrictive Covenants and the Village of Hobart is a party to said action, in the event that the Village of Hobart is a prevailing party, all non-prevailing parties, jointly and severally, shall be liable to the Village of Hobart for all costs and expenses incurred by the Village of Hobart in defending or prosecuting such action, including reasonable attorney fees. (b) Notices. All notices or other communications required or permitted to be given hereunder shall be in writing and shall be considered to be given and received in all respects when personally delivered or sent by prepaid telex, cable or telecopy or sent to reputable overnight courier service or three (3) days after deposit in the United States Mail, certified mail, postage prepaid, return receipt requested. (c) Binding Effect. These restrictive covenants shall be binding upon the Subject Real Estate as a covenant running with land and shall bind all present and future owners of any interest in the Subject Real Estate or any portion thereof. (d) Paragraph Headings. The headings in this document are for purposes of convenience and ease of reference only and shall not be construed to limit or otherwise affect the meaning of any part of this agreement. (e) Applicable Law. Any and all actions or proceedings seeking to enforce any provision of, or based upon any right arising out of, these Restrictive Covenants shall be brought against a party in the circuit court of Brown County, State of Wisconsin (sitting in Green Bay, Wisconsin) and each of the parties to any such action consents to exclusive jurisdiction of such court(s) (and the appropriate appellate courts therefrom) in any such account or proceeding and waives any objection to venue laid therein. By acceptance of a deed transferring title ownership of any portion of the Subject Real Estate, the title owner hereby waives any defense to an action filed with respect to these Restrictive Covenants by the Village based on sovereign immunity. OWNER: NORTH HOBART BUSINESS PARK, LLC By: _____________________________ Print name and title: ________________________________________ STATE OF WISCONSIN) ) SS COUNTY OF BROWN) Personally came before me this _______ day of __________________________, 2025, the above signed owner of the Subject Real Estate, namely North Hobart Business Park, LLC to me known to be the person who executed the foregoing instrument. _______________________________________________ Notary Public, Brown County, WI My Commission Expires _____________________________________ SHEET 5 OF 6 ALL OF LOT 1 OF CERTIFIED SURVEY MAP NUMBER 9925, DOCUMENT NUMBER 3099887 AND PART OF LOTS 1 AND 3, ALL BEING PART OF SECTION 11, TOWNSHIP 24 NORTH, RANGE 19 EAST, VILLAGE OF HOBART, BROWN COUNTY, WISCONSIN PAGE 25 CERTIFIED SURVEY MAP R:\2000\2035\2035584\dwg\2035584csm.dwg OWNER'S CERTIFICATE: As owners, we do hereby certify that we caused the land described on this Certified Survey Map to be surveyed, divided and mapped as represented on this map. We also do further certify that this Certified Survey Map is required by s-236.34 to be submitted to the following for approval or objection: VILLAGE OF HOBART BROWN COUNTY PLANNING COMMISSION __________________________________________________ North Hobart Business Park, LLC Date __________________________________________________ Print name and title STATE OF WISCONSIN) _________________ COUNTY) SS Personally came before me this _________ day of ____________, 2025, the above named to me known to be the same person who executed the foregoing instrument and acknowledged the same. __________________________________________________ Notary Public, State of Wisconsin (print name)________________________________________ My commission expires:_______________ BROWN COUNTY PLANNING COMMISSION: Approved for the Brown County Planning Commission this ______ day of __________, 2025. ___________________________________________________ Devin Yoder, Senior Planner TREASURER'S CERTIFICATE: As duly elected Brown County Treasurer, I hereby certify that the records in our office show no unredeemed taxes and no unpaid or special assessments affecting any of the lands included in this Certified Survey Map as of the date listed below. _____________________________________________________ Ray Suennen Date Brown County Treasurer SHEET 6 OF 6 VILLAGE OF HOBART BOARD APPROVAL: Approved by the Village of Hobart this ______ day of __________, 2025. ___________________________________________________ Lisa Vanden Heuvel, Village Clerk ALL OF LOT 1 OF CERTIFIED SURVEY MAP NUMBER 9925, DOCUMENT NUMBER 3099887 AND PART OF LOTS 1 AND 3, ALL BEING PART OF SECTION 11, TOWNSHIP 24 NORTH, RANGE 19 EAST, VILLAGE OF HOBART, BROWN COUNTY, WISCONSIN PAGE 26 PAGE 27 TO: Site Review Committee RE: 1200 Block Lear Ln., HB-347; 200 Unit Leased Residential Development FROM: Todd Gerbers, Director of Planning and Code Compliance DATE: September 17, 2025 GENERAL INFORMATION 1. Developer: PDK Investments, LLC 2. Applicant: Vierbicher 3. Address/Parcel: 1200 Block Lear Ln. / HB-347 4. Zoning: PDD #2: Orlando/Packerland Planned Development District 5. Use: Multi-Family Residential BACKGROUND PDK Investments, LLC is proposing to construct a third phase to their development which would consist of 10-20-unit two story buildings totaling 200 new leased residential units. Additionally, there are 10-16 unit detached garage buildings to accommodate the 20-unit buildings as these building only contain 4 attached garages per structure. Access to the new phase will utilize the existing ingress/egress from Lear Ln. that serves the existing development with a secondary ingress/egress proposed along Orlando Dr. This agenda item was postponed from the August 2025 meeting. SITE REVIEW DEVELOPMENT AND DESIGN STANDARDS CHECKLIST Section 1, Site Plan Approval A. Zoning: PDD #2: Orlando/Packerland Planned Development District B. Green Space: 47.41% after development C. Setbacks: This development complies with all applicable setbacks (proposed 30’ (front/Packerland Dr. and Orlando Dr.), 25’ (rear), 25’ (side) for principal structures with a minimum of 10’ for accessory structures) D. Parking: The requirements for multi-family developments are 1 stall per bedroom and 50% of the required parking must be enclosed. Staff review identified a total of 300 bedrooms. Thus 300 parking stalls are required, with 150 of those being enclosed (garage stalls.) The development provides a total of 510 parking stalls with 160 of those stalls being enclosed/garage stalls. E. Fire Dept. and Police Dept.: The plans are being reviewed by both the Police Chief and Fire Chief and their comments and conditions are included in this document. ISSUE: Discussion and action to consider a 200 unit, 10 building leased residential development with associated site improvements RECOMMENDATION: Staff recommends conditional approval based on staff recommendations along with any conditions the Committee may identify. PAGE 28 F. Storm Water: Storm water from this phase will be collected by internal catch basins throughout the site and discharge to a new storm water management pond within the development with an outfall to the roadway ditch along Packerland Dr. G. Refuse Collection: Existing corral/enclosure will be expanded to provide adequate space and is approved by the transfer company per attached correspondence. Section 2, Architectural Plan Approval A. Exterior Construction Information: 1. Materials: Wood framed building. 2. Exterior Materials: Mixture of brick, vertical accent siding, and horizontal siding to continue the same materials and colors that were utilized in both phases 1 & 2 3. Height: Anticipated at 30’ to peak of roof system 4. Overhead doors: Typical residential overhead garage doors 5. Mechanical equipment: Wall mounted units per dwelling unit Section 3, Landscaping Plan: Landscape plan will need to be submitted to the SRC for approval prior to implementation. Section 4, Lighting: Wall mounted lighting proposed and mainly directed towards the interior parking areas. No lighting shall create a glare to adjoining properties or public roadways. Section 5, Signage: No signage proposed at this time and any future proposed signage would be required to be submitted for approval at a later date. Section 6, Driveway-Curb Cut: This new phase will utilize an existing curb-cut and driveway from Lear Ln. that currently serves the existing development and will remain as the primary access point to this proposed 3rd phase. There will be an additional ingress/egress from Orlando Dr. which requires approval from Brown County prior to installation. RECOMMENDATION/CONDITIONS Staff recommends conditional approval of this submittal, subject to the following in addition to any conditions the Site Review Committee may identify: 1. Implementation of additional masonry material along all building facades (principal structures and accessory structures) that front a public street as noted on the revised building elevation drawings, including the elevations labeled as “alternate”. 2. All HVAC grills for individual units shall be color matched to blend with the color of the exterior material it is located within. 3. All wall mounted lighting proposed shall be directed towards the interior parking areas and no such lighting shall create a glare to adjoining properties or public roadways. Any other future lighting will require review and approval by the SRC. 4. Landscape plan for phase III shall be submitted to the SRC at a later date for review and approval prior to implementation. 5. Any proposed signage shall be submitted to the SRC for review and approval prior to permitting and installation. 6. Installation of directional address signage within and throughout the proposed and existing developments working with Village Departments to verify most functional locations and design (including existing building address signs and freestanding signs. 7. Developer obtaining approval from Brown County for ingress / egress access along Orlando Dr. 8. Materials for refuse/recycling enclosure expansion shall match materials of existing structure. 9. Developer to coordinate with Village’s Fire Department for review and placement of key lockbox locations, contents, and total number of boxes for both the proposed phase III and previous phases. PAGE 29 PAGE 30 TO: Site Review Committee RE: 611 Centerline Dr., HB-524-1-1; 8,496 SF Commercial Building w/ Associated site Improvements FROM: Todd Gerbers, Director of Planning and Code Compliance DATE: September 17, 2025 GENERAL INFORMATION 1. Developer: Bayland Buildings 2. Applicant: Bayland Building / Robert E. Lee & Associates 3. Address/Parcel: 611 Centerline Dr. / HB-524-1-1 4. Zoning: PDD #1: Centennial Centre at Hobart District 5. Use: Auto Service Building BACKGROUND Bayland Buildings is proposing to construct a new 8,496 square foot commercial building to be located at 611 Centerline Dr. (Parcel HB-524-1-1) along with the required associated site improvement including access and parking. The proposed building will be single story in height and utilized as an auto service facility. SITE REVIEW DEVELOPMENT AND DESIGN STANDARDS CHECKLIST Section 1, Site Plan Approval A. Zoning: PDD #1: Centennial Centre at Hobart District B. Green Space: 34.5% after development C. Setbacks: This development complies with all applicable setbacks (proposed 105’ (front/Centerline Dr., (rear), 73’ (side/secondary front along Founders Terrace), 63’ (side/east), and 75’ (rear/south) D. Parking: The requirements for “automobile service station” are 1 stall per employee on the maximum shift and two spaces per service stall or bay. Thus 25 parking stalls are required, with 30 being provided on site. E. Fire Dept. and Police Dept.: The plans have been reviewed by both Police Chief and Fire Chief with their comments and conditions being included in this document. F. Storm Water: Storm water from this development will be collected by internal catch basins throughout the site and discharge to a new dry pond located in the southwest corner of this development with an outfall to the municipal storm sewer system which leads to a regional storm water pond that is owned by the Village. ISSUE: Discussion and action to consider a new 8,496 SF commercial building with associated site improvements RECOMMENDATION: Staff recommends conditional approval based on staff recommendations along with any conditions the Committee may identify. PAGE 31 G. Refuse Collection: Refuse / recycling enclosure to be located towards the rear of the property (southeast corner). Section 2, Architectural Plan Approval A. Exterior Construction Information: 1. Materials: Metal frame building. 2. Exterior Materials: Mixture of block veneer, horizontal metal wall panels, insulated metal wall panels, and aluminum composite panels on both the elevations facing the public streets, with concealed architectural profile wall panels on the other two building elevations. 3. Height: Anticipated at 20’-6” to top of parapet wall (18’ to eave height) 4. Overhead doors: 5 glass overhead doors on both the west (facing Founders Terrace, and 5 glass overhead doors on the south elevation, with one additional glass overhead door on the rear elevation (south). 5. Mechanical equipment: None noted on the plans, but all such equipment shall be screened from view with materials to match those of the principal structure or with landscaping. All exterior exhaust/intake vents shall be colored to blend with the principal structure. Section 3, Landscaping Plan: Landscape plan includes extensive tree planting near the street right-of-way and a more detailed landscape plan shall be submitted to Village Staff for review and approval for the plantings adjacent to the building (as shown on the building rendering). Section 4, Lighting: Wall mounted lighting proposed and mounted mainly near the entrances/overhead doors (3 on the north and west elevations, 4 on the east, and 1 on the south). Additionally, there will be 5 pole mounted light fixtures along the perimeter of the parking/drive areas and on a 25’ pole with a 2’6” base (27’-6” above grade to the fixtures).No lighting shall create a glare to adjoining properties or public roadways. Only the proposed wall packs and pole lights are part of this lighting approval. Any other future lighting will require review and approval by the SRC. Section 5, Signage: Sign locations for the building are noted on the rendering, however, no signage details are submitted at this time. Therefore, any proposed signage would be required to be submitted for approval at a later date. Section 6, Driveway-Curb Cut: Access to this site will be through two new ingress/egress locations with one from Centerline Dr (30’ driveway width and 40’ curb cut), and the second from Founders Terrace (30’ driveway width and 40’ curb cut). RECOMMENDATION/CONDITIONS Staff recommends conditional approval of this site plan, subject to the following and in addition to any conditions the Site Review Committee may identify: 1. Lock box location(s) shall be approved by the Village Fire Chief 2. Any and all mechanical equipment shall be screened from view with materials to match those of the principal structure or with landscaping, and all exterior exhaust/intake vents shall be colored to blend with the principal structure. 3. Detailed landscape plan for foundation plantings and additional plantings on three sides of refuse / recycling enclosure shall be submitted to Village Staff for review and approval prior to plan implementation. 4. No lighting shall create a glare to adjoining properties or public roadways. Only the proposed wall packs and pole lights are part of this lighting approval. Any other future lighting will require review and approval by the SRC. 5. Any proposed signage shall be submitted to the SRC for review and approval prior to permitting and installation. 6. Chain-link fence proposed along rear (south) of principal structure shall be a minimum of a coded fence with privacy slats that complement the principal structure relative to color. 7. No inoperable or partially dismantled vehicles shall be stored or parked outside. All such vehicles and all parts shall be stored indoors or behind the fenced enclosure. PAGE 32 Sheet No. Scale Project IDProject Manager Drawn By Reviewed By Date L-1 1" = 30' MVG 8/29/2025 1 of Sheet Title Project Title Landscape Plan Auto Aces Development Consultant Design Firm Mark Gawriluk Elevate Outdoor LLC. 1112 Bryan Road O'Fallon, Missouri 63366 No. Date Revision NotesBy Auto Aces Development Founders Ter & Centerline Dr Village of Hobart Wisconsin 54155 Project Address Landscape Installation Notes: GENERAL: -Landscape Contractor is responsible for coordinating work with general contractor to ensure the landscape scope of work doesn't interfere with existing or built conditions. They should note any discrepancies to the general contractor. -Landscape Contractor is responsible for verifying the location of underground utilities by calling their local utility marking service. -All plant material should be inspected by Landscape Contractor prior to installation to determine overall appearance and condition. Plant material that is damaged or has clear signs of stress should be rejected. -Quantities of material shown on plan take precedence over the specification list or legend. -If plant substitutions are required, Landscape Contractor is responsible for submitting recommendations to the client or client's representative. -Irrigation system required and to be designed by qualified Irrigation Contractor - system must be programmable and capable of odd/even day use. -This proposed landscape plan will mitigate/enhance site conditions in accordance to city requirements. PLANTING: -When excavating for plant pits, any excess rock or building material should be removed and replaced with specified soil mix backfill. -All plant tags should be removed from material by Landscape Contractor. -All planting beds should receive a minimum 3" deep layer of shredded hardwood mulch, unless otherwise noted. -Edge all beds with a spade cut edge unless otherwise noted. -All backfill around plant material should be removed during planting. -All wire baskets and stakes should be removed during planting. -Cut and remove top half of burlap around rootballs and cut and remove any twine around trunk or root flare. -All stakes and guy wires and tree wrap are to be removed no more than 1 year after installation. -Tree wrap, if used, is to be installed by November 1 and to be removed by April 1. Village of Hobart Design Standards: Article XIII PPD #1: Centennial Centre at Hobart District: 295-140 D.(2)(b) Tree size, spacing and frequency requirements shall be determined per land use, site plan configurations and as deemed appropriate by Village staff and the Site Review Committee during the site review procedure. Proposed for review: One tree per 30 lineal feet, or fraction thereof, of street frontage West Frontage = 315' / 30 = 10.5 Trees Required 11 Trees Provided North Frontage = 211' / 30 = 7 Trees Required 7 Trees Provided Total Lot Area = 1.54 Acres (67,513 Sq.Ft.) Total Green Space = .83 Acres (36,477 Sq.Ft.) 54.04% 1" = 30' DS DS DS DS DS DS N00\U+00B031'00"E 315.05' N90\U+00B000'00"W 213.87' N88\U+00B030'00"E 211.10' S00\U+00B000'00"E 320.57' INV:750.20 (12" W) Centerline Drive Founders T erra ce 30 31 3536 37 ACE (1) ACE (1) ACE (1) ACE (1) ACE (1) ACE (1) ACE (1) GYM (1) GYM (1) GYM (1) GYM (1) ACE (1) GYM (1) GYM (1) ACE (1) ACE (1) ACE (1) HETZ (12) DECORATIVE ROCK INSTALLED WITH EDGE RESTRAINT NOTE: USE MULCH PER PLAN/SPEC'S TREE PLANTING 2'(MIN.) N.T.S. REMOVE BURLAP & ROPE FROM TOP 1/3 OF THE BALL BACKFILL MIX UNDISTURBED SUBSOIL 4 INCHES MULCH ARBOR TAPE OR APPROVED EQUAL DOUBLE STRAND 12 GAUGE WIRE PLAN 6' WOOD STAKE 2"x2" (IF DETERMINED NECESSARY) TREE WRAP (IF DETERMINED NECESSARY) Plant List - Types with Images Qty Common Name Botanical Name Scheduled Size Conifers 12 Hetz Columnar Juniper Juniperus chinensis 'Hetzii Columnaris' 6' BB Trees 6 Kentucky Coffeetree Gymnocladus dioicus 1.5" Cal. 11 Red Maple, Swamp Maple Acer rubrum 1.5" Cal. PAGE 33 PAGE 34 TO: Site Review Committee RE: 633 Larsen Orchard Pkwy., HB-537; 12,000 SF Commercial Retail Building w/ Associated site Improvements FROM: Todd Gerbers, Director of Planning and Code Compliance DATE: September 17, 2025 GENERAL INFORMATION 1. Developer: Bayland Buildings 2. Applicant: Bayland Building / Robert E. Lee & Associates 3. Address/Parcel: 633 Larsen Orchard Pkwy. / HB-537 4. Zoning: PDD #1: Centennial Centre at Hobart District 5. Use: Retail Building BACKGROUND Bayland Buildings is proposing to construct a new 12,000 square foot commercial retail building to be located at 633 Larsen Orchard Parkway (Parcel HB-537) along with the required associated site improvement including access and parking. The proposed building will be single story in height and utilized as a multi-tenant retail facility. SITE REVIEW DEVELOPMENT AND DESIGN STANDARDS CHECKLIST Section 1, Site Plan Approval A. Zoning: PDD #1: Centennial Centre at Hobart District B. Green Space: 44.9% after development C. Setbacks: This development complies with all applicable setbacks (proposed 82’ (front/Larsen Orchard Pkwy.), 57’ (side/secondary front along Centerline Dr.), 27’ (side/south), and 127’ (rear/east) D. Parking: The requirements for “General retail sales, including department stores not located in a shopping center” is one parking space per 200 square feet of gross floor area, plus one per employee on the maximum shift.. Thus 66 parking stalls are required, with 68 being provided on site. E. Fire Dept. and Police Dept.: The plans have been reviewed by both Police Chief and Fire Chief with their comments and conditions being included in this document. F. Storm Water: Storm water from this development will be collected by internal catch basins throughout the site and discharge to the existing regional storm water management facility on the adjoining property to the south which is Village owned and designed for such development. ISSUE: Discussion and action to consider a new 12,000 SF commercial retail building with associated site improvements RECOMMENDATION: Staff recommends conditional approval based on staff recommendations along with any conditions the Committee may identify. PAGE 35 G. Refuse Collection: Refuse / recycling enclosure is planned to be located to the rear of the development, however, this would still be located adjacent to the right-of-way for Centerline Dr. should the enclosure remain at this location Village Staff recommends that the enclosure be constructed of materials similar to the principal structure and also have extensive landscaping to screen the structure from view of the public street. Section 2, Architectural Plan Approval A. Exterior Construction Information: 1. Materials: Metal frame building. 2. Exterior Materials: Mixture of brick veneer and horizontal LP Smart siding (primarily brick) on the two front elevations and the one side (west, north, and south), with primarily the LP Smart siding on the rear (east) elevation. 3. Height: Anticipated at 18’-6” to top of parapet wall 4. Overhead doors: None 5. Mechanical equipment: Roof mounted mechanical equipment shall be screened from view by materials that complement the principal structure, with any ground mounted equipment being screened with landscaping. Section 3, Landscaping Plan: Developer to verify landscape plantings that are shown around proposed refuse/recycling enclosure. Section 4, Lighting: There are 5 pole mounted light fixtures proposed along the perimeter of the parking / drive areas. Any planned wall or soffit mounted lighting fixtures shall be decorative in nature and be so installed to direct light towards the ground. No lighting shall create a glare to adjoining properties or public roadways. Only the proposed wall packs and pole lights are part of this lighting approval. Any other future lighting will require review and approval by the SRC. Section 5, Signage: No signage details are submitted at this time. Therefore, any proposed signage would be required to be submitted for approval at a later date. Section 6, Driveway-Curb Cut: Access to this site will be through three new ingress/egress locations with one from Centerline Dr. and two from Larsen Orchard Pkwy. All will have a 25’ driveway width and 31’ curb cut. RECOMMENDATION/CONDITIONS Staff recommends conditional approval of this site plan, subject to the following and in addition to any conditions the Site Review Committee may identify: 1. Lock box location(s) shall be approved by the Village Fire Chief 2. Any and all mechanical equipment shall be screened from view with materials to match those of the principal structure when roof mounted or with landscaping if located on the ground. 3. Detailed landscape plan for foundation plantings on three sides of refuse / recycling enclosure shall be submitted to Village Staff for review and approval prior to plan implementation. 4. Any planned wall or soffit mounted lighting fixtures shall be decorative in nature and be so installed to direct light towards the ground. Overall height of pole lighting shall be provided to Village Staff. No lighting shall create a glare to adjoining properties or public roadways. Only the proposed wall packs and pole lights are part of this lighting approval. Any other future lighting will require review and approval by the SRC. 5. Any proposed signage shall be submitted to the SRC for review and approval prior to permitting and installation. 6. Details of any planned fencing around outdoor patios shall be submitted to Village Staff for review and approval prior to installation. 7. Provide greater detail on detached utility building to include exterior materials and drawings of all four building elevations. PAGE 36 DS DS DS DS DS CO CO ST CB 03 RIM:752.75 D=3.74' INV:749.01 (15" S) INV:749.01 (12" NW) ST CB 07 RIM:752.75 D=3.82' INV:748.93 (12" N) INV:748.93 (12" S) ST CB 08 RIM:752.75 D=3.59' INV:749.16 (12" S) ST MH 01 RIM:752.50 D=4.30' INV:748.20 (18" S) INV:748.20 (15" W) INV:748.20 (18" N) ST INL 02 RIM:752.50 D=4.02' INV:748.48 (18" S) INV:748.48 (15" N) ST INL 04 RIM:752.50 D=3.22' INV:749.28 (12" SE) INV:749.28 (12" W) ST CB 06 RIM:752.50 D=3.76' INV:748.74 (12" N) INV:748.74 (15" E) ST INL 05 RIM:752.50 D=3.04' INV:749.46 (12" E) 18" APRON ENDWALL WITH RIP RAP E.O.P. INV:748.00 (18" N ) 27'-18" ST. SEWER @ 0.75% 52' - 18" ST. SEWER @ 0.52% 133' - 15" ST. SEWER @ 0.40% 108'-12" ST. SEWER @ 0.25% 90'-12" ST. SEWER @ 0.25% 79' - 12" ST. SEWER @ 0.25% 133'-15" ST. SEWER @ 0.40% 72' - 12" ST. SEWER @ 0.25% WITH GRANULAR FILL 08/2025 2035572D 2035572 LLP ---- JGS 4UTILITY PLAN HOBART RETAIL SITE DEVELOPMENT FOR BAYLAND BUILDINGS, INC. VILLAGE OF HOBART BROWN COUNTY, WISCONSIN NORTH SCALE IN FEET 0' 20' 40' CENTERLINE DRIVE LARSEN ORCHARD PARKWAY TRASH ENCLOSURE UTILITY BUILDING RETAIL BUILDING 12,000 S.F. PATIO AREA PATIO AREA EXISTING WATERMAIN (SIZE NOTED) EXISTING STORM SEWER (SIZE NOTED) PROPOSED STORM SEWER PROPOSED WATERMAIN EXISTING SANITARY SEWER (SIZE NOTED) PROPOSED SANITARY SEWER EXISTING PROPOSED FIRE HYDRANT WATER VALVE CURB STOP WATER MANHOLE REDUCER/INCREASER SANITARY MANHOLE LIFT STATION TRACER WIRE SIGNAL CONNECTION BOX CLEANOUT STORM MANHOLE STORM INLET (NOT IN CURB AND GUTTER) STORM INLET (IN CURB AND GUTTER) STORM INLET MANHOLE YARD DRAIN STANDPIPE ROOF DOWNSPOUT DISCHARGE STRUCTURE CO DS 1. A MINIMUM OF 6.5 FEET OF COVER SHALL BE MAINTAINED OVER ALL WATERMAIN. 2. SANITARY SEWER, WATERMAIN AND STORM SEWER SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE CURRENT STANDARD SPECIFICATIONS FOR SEWER AND WATER CONSTRUCTION IN WISCONSIN AND ADMINISTRATIVE CODE CHAPTERS SPS 381-387. 3. FIELD VERIFY LOCATION OF EXISTING UTILITIES. IF EXISTING LOCATIONS DIFFER FROM WHAT IS INDICATED ON THE PLANS, CONTACT ENGINEER, PRIOR TO CONTINUED WORK. 4. ALL SANITARY SEWER, STORM SEWER AND WATER SERVICES / MAINS SHALL BE PROVIDED WITH TRACER WIRE OR OTHER METHOD TO BE LOCATED. 5. EXISTING GAS, ELECTRIC, CABLE TELEVISION AND TELEPHONE TO BE REMOVED AND/OR RELOCATED BY OTHERS. WORK SHALL BE COORDINATED BY GENERAL CONTRACTOR. LEGEND NOTE MECHANICAL ROOM ALTERNATE 6" WATER SERVICE ROUTE 100' - 6" SAN. LATERAL @ 1.04% MIN. 32' - 6" DOWNSPOUT LEAD @ 1.04% MIN. 32' - 6" DOWNSPOUT LEAD @ 1.04% MIN. 32' - 6" DOWNSPOUT LEAD @ 1.04% MIN. 27' - 8" DOWNSPOUT LEAD @ 1.04% MIN. 27' - 8" DOWNSPOUT LEAD @ 1.04% MIN. CLAY DAM REQ'D. 107' - 8" WATERMAIN (WATER SIZE TO BE VERIFIED WITH FIRE SUPPRESSION DESIGN BEFORE INSTALLATION 8" VALVE 10" X 8" TEE PAVEMENT TO BE REMOVED AND RESTORED IN KIND PER VILLAGE STANDARDS PAGE 37 PAGE 38 ORDINANCE 2025-10 AN ORDINANCE TO REPEAL SECTION 20 ( CLEANUP OF CLANDESTINE DRUG LAB SITES AND CHEMICAL DUMP SITES ) OF CHAPTER 221 ( PEACE AND GOOD ORDER) AND REPEAL AND RECREATE CHAPTER 207 (NUISANCES) OF THE MUNICIPAL CODE OF THE VILLAGE OF HOBART, BROWN COUNTY, WISCONSIN Purpose: The purpose of this Ordinance is to recreate the Nuisance Ordinance, include more than one option for abatement, and establish a public-generated complaint process. The Village Board of the Village of Hobart, Brown County, Wisconsin, does ordain as follows: Section 1: Section 20 (Cleanup of Clandestine Drug Lab Sites and Chemical Dump Sites) of Chapter 221 (Peace and Good Order) is hereby repealed in its entirety. Section 2: Chapter 207 (Nuisances) is hereby repealed and recreated to read as follows: § 207-1. Public Nuisances Defined and Prohibited A. Public nuisances defined. A public nuisance is a thing, act, occupation, condition or use of property which continues for such a length of time as to: (1) Substantially annoy, injure, or endanger the comfort, health, repose or safety of the public. (2) In any way render the public insecure in life or in the use of property. (3) Greatly offend the public morals or decency. (4) 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. B. Public nuisances prohibited. No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the Village of Hobart. § 207-2. Public Nuisances Affecting Health. PAGE 39 Public nuisances affecting health. The following acts, omissions, places, conditions, and things are hereby specifically declared to be public nuisances but should not be construed to exclude other health related public nuisances coming within the definition of § 207-1 above. (1) All decayed, harmfully adulterated, or unwholesome food or drink sold or offered for sale to the public. (2) Carcasses of animals, birds, or fowl not buried or otherwise disposed of in a sanitary manner within 24 hours after death. (3) Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, scrap metal or any material in which flies, mosquitoes, disease -carrying insects, rats or other vermin breed. (4) All stagnant water in which mosquitoes, flies, or other insects can multiply. (5) Garbage containers, rubbish bins, recycling containers, or similar receptacles which, by their use or lack of maintenance, attract, provide a food source, or provide a harborage for insects or rodents. (6) All animals running at large, as defined in § 102-13 of the Hobart Municipal Code (Animals not to run at large). (7) The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash or industrial dust within the Village in such quantities as to endanger the health of persons of ordinary sensibilities or to threaten or cause substantial injury to property. (a) Dense smoke. The emission of dense smoke from the smokestack of any engine or from the smokestack or chimney of any building within the Village is hereby declared to be a public nuisance and is prohibited. (b) Stationary engine. The owner, lessee, or occupant of any building, or the fireman, engineer, or any other person having charge or control of any furnace or stationary engine who shall cause, permit, or allow dense smoke to issue or to be emitted from the smokestack or chimney connected with any such furnace or stationary engine within the Village shall be guilty of creating a public nuisance and of violating the provisions of this section. (8) The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, creamery or industrial wastes, refuse, garbage, or other substances. (9) Any use of property, substances, or things within the Village emitting or causing any foul, offensive, noisome, nauseous, noxious, or disagreeable odors, or stenches extremely repulsive to the physical senses of ordinary persons, which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons within the Village. (10) Open cisterns, wells, basements or other dangerous excavations prohibited. No person may have or permit on any premises owned or occupied by any open cisterns, cesspools, wells, unused PAGE 40 basements, excavations or other dangerous openings. All such places shall be filled, securely covered or fastened in such manner as to prevent injury to any person and any cover shall be of such design, size and weight that the same cannot be removed by small children. (11) Any obstruction in or across any watercourse, drainage ditch or swale. (12) The deposit of garbage, refuse, or any offensive substance on any public or private property except as may be permitted by ordinance. (13) Offensive Industries. Any business considered to be nauseous or offensive is declared to be a public nuisance and an action for the abatement or removal thereof or to obtain an injunction to prevent the same may be authorized to be brought and maintained by the Village Board. (a) Any business considered to be nauseous or offensive is deemed unlawful, and any person, firm, or corporation may, at the discretion of the court, upon conviction, be subject to the penalties provided in this c hapter. Each day that a violation continues to exist constitutes a separate offense. (b) All farm operations are to be excluded from this article. § 207-3. Public Nuisances Affecting Morals and Decency. Public nuisances offending morals and decency. The following acts, omissions, places, conditions, and things are hereby specifically declared to be public nuisances offending public morals and decency, but such enumeration should not be construed to exclude other nuisances offending public morals and decency coming within the definition of § 207-1 above. (1) All disorderly houses, bawdy houses, houses of ill fame, gambling houses and buildings or structure kept or resorted to for the purposes of prostitution, drug use or sales, promiscuous sexual intercourse or gambling. (2) All gambling devices and slot machines. (3) All places where intoxicating liquor or fermented malt beverages are sold, possessed, stored, brewed, bottled, manufactured or rectified without a permit or license as provided for by the laws of the State of Wisconsin or ordinances of the Village of Hobart. (4) Any place or premises with the Village of Hobart where Village ordinances or state laws, repeatedly and intentionally violated. (5) Any place or premises resorted to for the purpose of drinking intoxicating liquor or fermented malt beverages in violation of the laws of the State of Wisconsin or ordinances of the Village of Hobart. § 207-4. Public Nuisances Affecting Peace and Safety. PAGE 41 Public nuisances affecting peace and safety. The following acts, omissions, places, conditions, and things are hereby declared to be public nuisances affecting peace and safety, but such enumeration should not be construed to exclude other nuisances affecting public peace or safety within the definition of § 207-1 above. (1) All ice not removed from the public sidewalks and all snow not removed from public sidewalks within 24 hours after it has ceased to fall thereon. (2) All signs and billboards, awnings and other similar structures over or near streets, sidewalks, public grounds or places frequented by the public so situated or constructed as to endanger the public safety. (3) All buildings erected, repaired or altered within the fire limits of the Village in violation of the provisions of the ordinances of the Village relating to materials and manner or construction of buildings and structures within said district. (4) All unauthorized signs, signals, markings, or devices which purport to be or may be mistaken as official traffic control devices placed or maintained upon or in view of the public highway or railway crossing. (5) All trees, hedges, billboards or other obstructions which prevent persons driving vehicles on public streets, alleys, or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk. (6) All limbs of trees which project over a public sidewalk, less than eight feet above the surface thereof or less than 14 feet over the surface of a public street. (7) All use or display of fireworks except as provided by the laws of the State of Wisconsin and ordinances of the Village. (8) All buildings or structures so old, dilapidated or out of repair so as to be dangerous, unsafe, unsanitary, or otherwise unfit for human use. (9) All wires over streets, alleys or public grounds which are strung less than 18 feet above the surface of the street or ground. (10) All loud, discordant and unnecessary noises or vibrations of any kind tending to unreasonably disturb the peace and quiet of persons in the vicinity thereof unless the making and the continuing of the same cannot be prevented and is necessary for the protection and preservation of the health, safety, life or limb of some person. (a) No person occupying or having charge of any building or premises may cause, suffer or allow any loud, excessive or unusual noise in the operation or use of any radio, or other mechanical or electrical sound -making or - reproducing device or machine which loud, excessive or unusual noise may disturb the comfort, quiet, or repose of persons therein or in the vicinity. PAGE 42 (b) No person is allowed to operate in any public street or place or in front of or outside of any building, place or premises or in or through any window, doorway or opening of any building adjacent to any public street or place any device, apparatus, or instrument for the amplification of the human voice or sound or noise or other sound making or sound reproducing device. No person may make for the purpose of advertising any immoderate or excessive use of the voice of any bell, gong, horn, instrument, article or device. (c) No person is allowed to park or leave standing for more than 15 minutes in any street in the Village a vehicle containing livestock, live fowl, or other living animals. (d) Nothing in this section shall apply to the use of loud speaking or amplifying systems as follows: [1] By a school when used in connection with an educational, athletic, entertaining or recreational purpose. [2] By a church when used in connection with an educational, religious or recreational activity. [3] Within a public park of the Village subject to the rules and regulations of the Village Board. [4] The us e of sound amplifying systems , after registering with the Police Department and the Village as prescribed in the Municipal Code, as follows: [a] An amplifying system may be used on the public streets of the Village between the hours of 9:00 a.m. and 9:00 p.m., provided such use does not interfere with or annoy any religious, educational or recreational gathering and is not audible to the human ear for the distance of more than 300 feet. The use shall at all times be under the jurisdiction of the Police Department who are hereby given the authority to restrain the use if, in their opinion, the same is a public nuisance or a public annoyance. [b] An amplifying system may be used in front of or outside a building between the hours of 9:00 a.m. and 9:00 p.m., provided that the same is not audible to the human ear at a distance of 100 feet. If the use becomes a public nuisance to disturb the peace and quiet of any persons, the use shall be discontinued. (11) The keeping or harboring of any animal or fowl which by frequent or habitual howling, yelping, barking, crowing or making of other noises which greatly annoy or disturb a neighborhood or any appreciable number of persons within the Village. (12) The obstructions of streets, alleys, sidewalks or crosswalks and all excavations in or under the same, except as permitted by the ordinances of the Village or which, although made in accordance with such ordinances, are kept or maintained for an unreasonab le length of time after the purpose thereof has been accomplished. PAGE 43 (13) All open and unguarded pits, wells, excavations or unused basements freely accessible from any public street, alley or sidewalk. (14) Suffocation Hazards. No person may leave or permit to remain outside any dwelling, building or other structure or within any unoccupied or abandoned building, dwelling or other structure under his control in a place accessible to children any abandoned, unattended or discarded icebox, refrigerator or other container having an airtight door or lid, snap lock or other locking device which may not be released from the inside unless such door or lid, snap lock or other locking device has been removed from such icebox, refrigerator or container or unless such container is displayed for sale on the premises of the owner or his agent and is securely locked or fastened. (15) Any unauthorized or unlawful use of property abutting on a public street, alley or sidewalk or of a public street, alley or sidewalk which causes large crowds of people to gather, obstructing traffic and free use of the streets or sidewalks. (16) Repeated or continuous violations of the ordinances of the Village or laws of the State of Wisconsin relating to the storage of flammable liquids. (17) Any structure, material or condition which constitutes a fire hazard or will impair extinguishing of any fire. (18) Any and all excavations, including basements, which have been abandoned or for which a building permit has become null and void, or which permit has been revoked by the Director of Planning and Code Compliance, or his/her designee. (19) Unmanned aircraft systems (UAS). Using a UAS to damage or destroy property, using a UAS in a careless or reckless manner, using a UAS in a hazardous manner near other aircraft, using a UAS in violation of FAA airspace regulations, using a UAS in violation of FAA flight restrictions or temporary flight restrictions, using a UAS in violation of FAA temporary flight restrictions in the proximity of the P resident, other parties, or sporting events, using a UAS to cause a public disturbance or creating a risk to persons by; making unreasonable noise, creating a hazard or nuisance. (20) Camping on Village-owned property. Camping means establishing or maintaining, at any time during the day or night, a temporary or permanent place for cooking or sleeping with the intent of remaining in that location overnight. (21) Any construction debris or materials, unsightly debris, trash, wood, brick, washing machines, refrigerators or junk such as may tend to depreciate property values or be detriment to the appearance, neatness and cleanliness of the neighborhood, provided that nothing in this subsection shall prohibit reasonable storage of construction material during the construction of any building or structure. (22) Depositing of snow on public rights-of-way. PAGE 44 (a) No person is allowed to remove or cause to be removed any snow or ice from a premise owned or occupied by that person or from any residence, parking lot, parking area, filling station, business property or other property owner occupied by said person by placing said snow onto any public right of way or property. Snow removed from public walks shall not be stored in any manner which will obstruct or limit vehicular or pedestrian vision, movement or access. (b) The deposit of any snow or ice upon any sidewalk, alley or road or street of the Village contrary to the provisions of this section is hereby made to be a nuisance, and, in addition to the penalty provided for the violation of this section, the V illage may summarily remove any snow or ice so deposited and cause the cost of said removal to be charged to the owner of the property from which said snow or ice has been removed, and upon failure to pay the same may be charged as a special assessment upon the tax bill to the owner of property from which the snow or ice removal was necessitated. (23) Storage of junked vehicles. (a) Definitions. Terms used in this section shall have the following meanings: [1] “Junked vehicle” shall be defined as all junked, disassembled, inoperable or wrecked motor vehicles, or parts thereof, which have been allowed to remain outside of any building upon public or private property for a period in excess of three days, unless in connection with an automotive sales or repair business located in a properly zoned area. The definition shall also include any vehicles stored in the open without being licensed in excess of 30 days. [2] “Owner” shall be defined to include owner, owners, tenants, lessees and/or occupants. (b) Enforcement. In addition to any other remedies contemplated in this chapter, the following provisions apply to removal, abatement, and enforcement of junked vehicles [1] Nuisance. No vehicle as hereinabove defined shall be stored or allowed to remain in the open upon public or private property within the Village, unless it is in connection with a duly authorized sales or repair business enterprise located in a properly zoned area. Any violation of this section is a nuisance. [2] Abatement by owner. The Owner of any property within the Village upon which a vehicle as here and above defined is stored or permitted to remain and is also the owner of any such vehicle shall, jointly and severely, abate said nuisance by the prompt removal of such vehicle into a completely enclosed building authorized to be used for such storage purposes, if within the limits of the Village, or otherwise remove the same to a location outside the Village. [3] Vehicle upon public property. Whenever the Director of Planning an d Code Compliance, or his/her designee, or a Village Police Officer shall find any such vehicle place or stored in the open upon public property within the limits of the PAGE 45 Village, such vehicle shall be removed to a junk or salvage yard and stored therein for a period of 30 days. At the end of said time, such junk or salvage yard shall dispose of such vehicle unless it has previously been claimed by the owner. [4] Vehicles upon private property. Whenever the Director of Planning and Code Compliance, or his/her designee, or a Village Police Officer shall find any such vehicle placed or stored in the open upon private property within the limits of the Village, the owner of such property and the owner of the vehicle, if he or she can be located, shall be given a three day written notice by certified mail to remove the same. If such vehicle is not removed within the time specified, the V illage Police shall have it removed by a junk auto salvage dealer. The owner of the property upon which the vehicle has been placed restored and the owner of the vehicle, if he or she can be located, shall jointly and severely be liable for the cost of removal by such dealer. [5] Storage cost. If such vehicles are claimed by the owner, the junk salvage yard shall charge a reasonable fee for handling and storing. [6] Salvage yard excepted. The provisions of Subsection (b) shall not apply to auto salvage yards and/or junk yards that are duly authorized under the ordinances of the Village and have been issued a permit to operate as such salvage yard and/or junkyard under this code. [7] Disposal of unclaimed vehicles. When any such vehicle has been removed and placed in storage by the Village as herein provided in such vehicle is not claimed within 30 days after such storage, it shall be sold by the Village. If the proceeds of such sale are insufficient to pay the cost for the removal and storage, any and all owners shall be jointly and severely shall be liable to the Village for the balance of the cost. If the proceeds are in excess of the cost of abatement, the balance shall be paid to set owners. [8] Violation of this section shall be subject to a penalty as prescribed in §175.25(5), Wis. Stats. (24) Abandoned vehicles. (a) Section 342.40, Wis. Stats., Vehicle abandonment prohibited; removal; disposal, as amended from time to time, is incorporated herein by reference. (b) Enforcement. In addition to any other remedies contemplated in this chapter, the following provisions apply to removal, abatement, and enforcement of junked vehicles [1] Any vehicle deemed in violation of this section may be towed by licensed towing company approved by the Chief of Police and contracted with the Village for such purposes or towed by such other means deemed reasonable or necessary under the circumstances by the Chief of Police. Such vehicle will be held at the contractor’s facility until lawfully claimed or disposed of in any lawful manner. PAGE 46 [2] The owner of any abandoned vehicle, except a stolen vehicle, is responsible for the abandonment and all cost of impounding and disposing of the vehicle. Prior to reclamation of the vehicle, the owner or lien holder shall pay to the contracted towing company the towing and storage fees incurred by the towing company. [3] Penalty period any person who shall cause your vehicle to become abandoned within the Village under the terms and conditions of this section and §342.40, Wis. Stats., shall, upon due conviction thereof, forfeit and amount as prescribed in the uniform forfeiture and bond schedule, together with cost of prosecution. (25) Uncovered transporting or hauling to dump site. No person shall transport or haul to any dumping site in the Village any materials without covering the same. (26) Vacant lots. (a) Vacant lots become a public nuisance when said lots are not maintained or not smoothly graded as to provide for regular routine maintenance. (b) Within ninety (90) days of purchase of vacant property within the Village, the new owner shall cause the vacant lot to be appropriately filled and graded so as to provide for routine maintenance. All debris is to be removed by the owner within said time period. Presently existing owners of vacant lots will have twenty -one (21) days to achieve compliance with this section upon issuance of an appropriate citation by the Director of Planning and Code Compliance, or his/her designee. (c) Should any new or existing owner fail to come into compliance with this section, the Village Board may authorize Village employees to cause the appropriate filling and grading of the vacant lot in question to occur. Any and all costs associated with the same shall be assessed against the property in question and may be placed upon the tax rolls maintained by the Village. (27) Compression brakes. (a) Prohibited. No person is allowed to use motor vehicle brakes which are in any way activated or operated by the compression of the engine of the motor vehicle. (b) Defense. It shall be an affirmative defense to the prosecution under this section that compression brakes were applied to an emergency and were necessary for the protection of persons or property. (c) Emergency vehicles. Emergency vehicles shall be exempt from this section. (28) Any nuisance defined by the Wisconsin Statutes. § 207-5. Public Nuisances Related to Property Maintenance. PAGE 47 A. Property Maintenance. It is the intent and purpose of this section to encourage and establish minimum standards for and provide for the enforcement of a minimum level of care and maintenance to buildings and properties throughout the Village. A violation of this section is declared a public nuisance. B. Definitions. As used in this section, the following terms shall have the meanings indicated: (1) “Developed Lot” shall be defined as a lot with a finished residential use, commercial use, institutional use or industrial use building or building under construction. (2) “Noxious weeds” shall be defined as in § 66.0407 of the Wisconsin Statutes, which is hereby adopted and made a part of this article and shall also include common ragweed (Ambrosia artemisiifolia), giant ragweed (Ambrosia trifida) and burdock (Actrium spp.). (3) “Undeveloped Lot” shall be defined as any lot not meeting the developed lot definition located within a platted subdivision or certified survey map. C. Storage of junk. No person is allowed to store junked or discarded property, including automobiles, automobile parts, trucks, tractors, refrigerators, furnaces, washing machines, stoves, machinery or machinery parts, wood, bricks, cement blocks or other unsightly debris which substantially depreciates property values in the neighborhood, except in an enclosure which screens such property from public view or upon permission granted by the Director of Planning and Code Compliance, or his/her designee. No owners or occupants of a property may permit or otherwise allow any storage of junk to remain on a property they own or control in violation of this section. (1) All material not stored within a building shall be enclosed by a solid fence. (a) The fence shall be constructed of materials and workmanship sufficient to be impervious to sight and to contain the stored materials without impact to surrounding properties. (b) The fence shall be kept in good state of repair and maintained in uniform color. (c) The fence shall not be less than six feet in height and of uniform height and material. If materials stored exceed six feet, such material shall be screened by natural objects or plantings. (d) The fence shall be at least twenty-five (25) feet from the street, curb or road edge. (e) No material shall rest upon the fence. (f) Authority to retain. Any business engaged in automotive sales or repair may retain disassembled, inoperable, junked or wrecked motor vehicles, truck bodies, tractors or PAGE 48 trailers in the open, on private property, for a period not to exceed 30 days, after which such vehicles must be removed. (2) No semitrailer or van box may be used for storage within the Village without first securing permission from the Director of Planning and Code Compliance, or his/her designee . The Director of Planning and Code Compliance, or his/her designee, may grant an extension if he or she believes it is warranted in circumstances including but not limited to storage of materials on a construction site or other temporary uses that are not unsightly or diminish the quality or aesthetics of the area. (3) Lots in residential areas shall be kept free, by the owner, occupant, or person authorized to use same, of dirt piles, rubble, grass piles, leaf piles, and any other material or conditions which might hinder maintenance of the property, except as provided by the following: (a) Dirt piles and materials used for landscaping the lot shall be leveled, used within 30 days of the date of delivery of the dirt. (b) Dirt piles in commercially and industrially zoned areas shall be removed within one year of the date of deposit on the property, completion of site development or expiration of a Village building permit. (c) Dirt piles and materials used for landscaping used in conjunction with properly zoned landscaping businesses or contractor's yards are permitted. (d) Compost piles shall be allowed if they meet all of the following requirements: [1] Located in the rear yard as defined by Chapter 295, Zoning. [2] Located at least 10 feet from property lines, except for properties zoned A1 or A2 where the compost pile is not abutting a residentially zoned property. [3] Confined in a bin meeting generally acceptable composting principles. [4] Managed and maintained odor-free. [5] Does not contain meat or other animal products. [6] Kept free of vermin. [7] Does not pose or create any nuisance condition. D. Unkempt buildings. The exterior of every structure or accessory structure, residential and nonresidential, including fences, shall be maintained by the owner, occupant or person authorized to PAGE 49 use same, in good repair and all exterior surfaces thereof shall be kept painted or covered with exterior siding materials intended for that use by the manufacturer for purposes of preservation and appearance. The same shall be maintained by the owner, occupant or persons authorized to use same, free of broken or missing siding, shingles or exterior woodwork crumbling stone or brick, excessive chipped, peeling or lack of paint, missing, broken or deteriorating steps, porches, handrails and guardrails or any other conditions reflective of deterioration and/or inadequate maintenance or as may tend to depreciate property values in the area or create a nuisance or hazard. E. Weed cutting and lawn care. (1) Owner's responsibility. [a] The owner of every parcel of land within the Village shall destroy or cause to be destroyed all noxious weeds on every parcel of land which he/she owns, occupies or controls. [b] The owner of every parcel of land within the Village shall cut or cause all grass, noxious weeds and similar vegetative growth to be a height no more than six (6) inches in length/height for developed lots and no more than twelve (12) inches in length/height for undeveloped lots, including the public right-of-way adjoining said land, except as follows: [1] Lands zoned A-1 or A-2 where the property contains a permitted principal use other than or in addition to a dwelling. For the purposes of this exception, the yard around any dwelling on such land is required to comply with the landscape maintenance provisions below. [2] Lands, used principally for farming, agricultural, cultivation, harvesting operations, including, but not limited to, crops or livestock. For the purposes of this exception, the yard around any dwelling on such lands is required to comply with the landscape maintenance provisions below. [3] Appropriately maintained natural landscaping as provided in the landscape maintenance provisions below. [4] Wooded areas or tree lines where the distance between trees effectively prevents mowing. [5] Hilly areas with severe slopes that would prevent safe mowing. [6] Lands located in a designated floodplain and/or wetland area. PAGE 50 [7] Properties owned by governmental entities or where federal, state or local regulations provide otherwise. [8] Property or land areas with unusually unique terrain or circumstances as determined by Village personnel. (2) Landscape maintenance. (a) Purpose. [1] The use of woodlands, prairies, wildflowers, natural grasses and other native plants in a managed landscape design can be economical, low - maintenance and effective in soil and water conservation. However, it is not the intent of this section to allow vegetated areas to be completely unmanaged or overgrown. [2] Areas that present either a direct health hazard or provide a demonstrated breeding ground for insects or animals known to create a safety or health hazard will not be permitted. Certain noxious weeds defined in this section are recognized indicators of neglect. The Village recognizes the desirability of permitting natural vegetation within the Village limits while maintaining public health and safety at the same time. (b) Managed and natural landscaping. [1] Definition. Natural Landscaping includes native and naturalized plants, including, but not necessarily limited to, ferns, wildflowers, grasses, shrubs and trees may be grown in a managed landscape design or in naturally maintained conditions such as pr airies, wooded areas, wetlands, provided said plants were not obtained, or are not growing, in violation of any local, state or federal laws. [2] Nuisance weeds and noxious weeds as identified in this article are prohibited in all cases and shall be subject to abatement. [3] Managed and natural landscape areas shall not be allowed to interfere with traffic vision. (c) Yard neglect. [1] The front, side and rear yards of a residence, commercial, institutional or industrial use, shall be maintained with a lawn, shrubbery, plantings or other surface treatment consistent with this section for an area equal to the PAGE 51 property's zoning district minimum setback requirements, except as provided in Subsection E (1) (b). [2] Unmanaged growth of vegetation identified in state or local codes is not permitted and is declared to be a public nuisance. [3] Noxious weeds and uncut growth; public nuisance; abatement by the Village. All noxious weeds and uncut vegetative growth as outlined in this article is hereby declared to be a public nuisance and may be abated by the Village at its option if the owner fails to comply with this article. In addition to any other penalty provided in this article, the costs thereof, together with an administrative charge applied to the bill, imposed each time the growth is abated shall be charged against the property as a special tax. § 207-6. Chronic Nuisances. A. Definitions. The following terms shall be defined as follows in this section: (1) “Chief” shall be defined as the Chief of Police or his/her designee and the Fire Chief or his/her designee. (2) “Department Head” shall be defined to include the Director of Planning and Code Compliance and/or the Public Works Director. (3) “Effect of Property Conveyance” shall be defined as any nuisance activity at a property that occurred prior to a conveyance of said property may be used to establish a Chronic Nuisance Property if there is reason to believe the conveyance was made for the purpose of avoiding designation as a Chronic Nuisance Property. This determination will be made on a case-by- case basis and may include factors such as: (a) The property was conveyed for less than fair market value. (b) The property was conveyed to an entity controlled by the person conveying the property. (c) The property was conveyed to a relative of a person conveying the property. (4) “Enforcement Action” shall be defined as: (a) A criminal arrest, including in- custody detention or a formal referral to a prosecutorial authority for criminal charges. PAGE 52 (b) The issuance of a municipal citation under the Village of Hobart Municipal Code or Wisconsin State Statues. (c) Written and/or Verbal warnings shall not constitute enforcement actions to ensure objective and consistent application. (5) “Nuisance Activity” shall be defined as any of the following activities, behaviors, or conduct whenever engaged in by property owners, operators, tenants, occupants, or persons associated with premises, provided such activities are not exempted under Subsection A (5) (ee): (a) An act of harassment, as defined in § 947.013, Wis. Stats. (b) Disorderly conduct, as defined in § 947.01, Wis. Stats. (c) Battery, substantial battery or aggravated battery, as defined in § 940.19, Wis. Stats. (d) Lewd and lascivious behavior, as defined in § 944.20, Wis. Stats. (e) Prostitution offenses, as defined in § 944.30 or § 944.34, Wis. Stats. (f) Littering, as defined in Chapter 221-7, Hobart Municipal Code. (g) Theft, as defined in § 943.20, Wis. Stats. (h) Receiving stolen property, as defined in § 943.34, Wis. Stats. (i) Arson, as defined in § 943.02, Wis. Stats. (j) Possession, manufacture, or delivery of a controlled substance or related offenses, as defined in Ch. 961, Wis. Stats. (k) Gambling, as defined in § 945.02, Wis. Stats. (l) Animal violations, as defined in Chapter 102, Hobart Municipal Code. (m) Trespass to land, as defined as § 943.13 and § 943.14, Wis. Stats. (n) Weapons violations as defined in Chapter 170 and 215-9, Hobart Municipal Code. (o) Noise violations as defined in Chapters 201, 215-5, and 221-5, Hobart Municipal Code. PAGE 53 (s) Alcohol violations, as defined in Chapter 189, Hobart Municipal Code and § 125.07, Wis. Stats. (t) Obstructing or resisting an officer as defined in § 946.61, Wis. Stats. (u) Misuse of emergency telephone numbers, as defined § 941.35 Wis. Stats. (v) Any act of being party to a crime, as defined in § 939.05, Wis. Stats., any of the activities in Subsection A(5)(a) through (l) above. (w) Any conspiracy to commit, as defined in § 939.31, Wis. Stats., or attempt to commit, as defined in § 939.32, Wis. Stats., any of the activities in Subsection A(5)(a) through (m) above. (x) The execution of arrest or search warrants at a particular location, provided it does not involve exempted activities under Subsection A (5) (ee). (y) Village of Hobart inspection- related calls where any public safety department responds, provided it does not involve exempted activities under Subsection A (5) (ee). (z) Village of Hobart building inspection related calls where any public safety department responds or any building inspection department response, provided it does not involve exempted activities under Subsection A (5) (ee). (aa) Brown County Health Officer related calls where any public safety department responds or any health department responds, provided it does not involve exempted activities under Subsection A (5) (ee). (bb) Reckless driving, as defined in §346.62, Wis. Stats. (cc) Drug or criminal gang house as defined by § 823.113, Wis. Stats. § 823.113, Wis. Stats., is hereby adopted by reference as a Village ordinance. At the discretion of the Chief of Police, the action provided therein may be in the name of the Village, county or state. (dd) Nuisances as defined by Ch. 823, Wis. Stats., which include but are not limited to: [1] Flammable liquids § 823.065 (Repeated violations of a municipal ordinance a public nuisance) [2] Noxious business § 823.07 [3] Bawdy houses § 823.09 PAGE 54 [4] Disorderly house § 823.10 [5] Dilapidated buildings § 823.21 (ee) Exemptions: The following shall not be considered nuisance activities for the purposes of this section: [1] Calls for assistance related to domestic abuse, as defined in § 813.12(1)(am), Wis. Stats.; sexual assault, as defined in § 940.225, § 948.02, or § 948.025, Wis. Stats.; or stalking, as defined in § 940.32, Wis. Stats., when made by or on behalf of the victim, owner, or occupant requesting a Law Enforcement Officer, medical, or emergency services. [2] Calls for medical or emergency assistance related to disabilities, including but not limited to mental health crises, substance use disorders, overdoses, self-harm, welfare checks, or other health emergencies recognized as disabilities under the ADA or FHA. [3] Any calls initiated by victims of crime or individuals seeking protection from harm, unless the underlying harm is non-existent or shown to be fabricated by the caller. [4] Activities in supportive housing or facilities serving individuals with disabilities, where the conduct arises from a disability and reasonable accommodations can be made. These exemptions shall be reviewed by the Chief or designee, in consultation with the Village Attorney, before counting toward chronic nuisance status to ensure compliance with FHA, ADA, VAWA, and Title VI. (ff) Violations of the Code of the Village of Hobart, excluding any violations that fall under the exemptions in Subsection A (5) (ee). (6) “Owner” shall be defined as the owner of the premises and his/her agents. (7) “Person associated with” shall be defined as any person who, whenever engaged in a nuisance activity, enters, occupies, patronizes, visits or attempts to enter, occupy, patronize or visit a property, where there is a direct nexus to the premises. This includes officers, directors, agents, employees, or independent contractors of the property owner, tenant, or occupant, but excludes transient visitors without involvement in the nuisance activity and/or whose presence is incidental and unrelated to the nuisance activity. PAGE 55 (8) “Premises” shall be defined as 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. B. Notice. Whenever the Chief of Police or department head determines that three or more nuisance activities resulting in enforcement action have occurred at the premises during a twelve-month period, excluding any exempted activities under Subsection A (5) (ee), the Chief of Police or department head may notify the premises owner in writing. In calculating the requisite nuisance activities, the Chief of Police or department head may count separate qualifying nuisance activities resulting in enforcement action occurring on the same day, as long as they are distinct in time or nature, or on different days other than those exempted under Subsection A (5) (ee). 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. The Chief of Police shall conduct an individualized assessment impact on protected classes under FHA or Title VI. C. Delivery of notice. The notice shall be deemed to be properly delivered if sent by certified mail to the property owner's last known address or 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 competent family member at least fourteen (14) years of age or a competent adult residing at the premises cannot be located, notice will be deemed proper if the property is posted with the notice at a primary entry point to the property or physical structure. If the 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. D. Abatement plan. Any owner receiving notice pursuant to Subsections B and C shall meet with the Chief of Police, or his/her designee, within ten business days of receipt of such notice, or a longer period if reasonable accommodations are requested under the ADA or FHA. The parties shall review the problems occurring at the property and agree upon an abatement plan to end the nuisance activity on the property, considering reasonable accommodations for disabilities or protected activities. The plan shall also specify a 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. No plan shall require eviction in general and/or solely based on protected activities under Subsection A (5) (ee). Retaliation against tenants for reporting nuisances or seeking emergency assistance is prohibited, with a rebuttable presumption of retaliation if eviction occurs within 12 months of such a report. Nevertheless, nothing herein prohibits an owner from pursuing lawful remedies under Wis. Stat. Ch. 704, provided such actions are not based solely on protected activities under Subsection A (5) (ee). E. Additional nuisance activity. Whenever the Chief of Police determines that additional nuisance activity has occurred at the premises not less than 15 business days after notice in Subsection C has been issued, considering any exemptions or accommodations, the Chief of Police may calculate the cost of PAGE 56 police response and enforcement for this and any subsequent nuisance activities. The Chief of Police may also cause such charges and administrative costs to be assessed against the premises as a fee for current service authorized by § 61.34, 66.0628 and 744.01, Wis. Stats., and collect it as a special charge which the Village may impose as a lien against the real estate upon which the premises is located. No costs should be applied to exempted activities. F. Appeal. Appeal of the determination of the Chief of Police pursuant to either the notice, abatement plan, or the levying of special charges may be made under Ch. 68, Wis. Stats., for administrative procedure and review, or to the Village Board requesting a hearing before an impartial reviewer. Notice of appeal must be in writing and submitted to the Village Board in care of the Village Clerk with a copy submitted to the Chief of Police within 10 business days. G. Additional enforcement authority. The Village hereby adopts and incorporates the authority granted the Village pursuant to § 823.01, Wis. Stats., and adopts and authorizes enforcement procedures as set forth in §§ 823.015, 823.02, 823.03, 823.04, 823.05 and 823.06, Wis. Stats., consistent with exemptions and safeguards in this section. Enforcement shall not conflict with federal housing protections or standard landlord-tenant laws. H. Penalty. (1) Any person who shall violate any provision of this section shall, upon due conviction thereof, forfeit not less than an amount set forth in § 207- 16 for each such offense, together with recoverable costs of enforcement. In the event of nonpayment, such forfeiture and costs may be collected pursuant to the procedures authorized under Wisconsin Law for the collection of municipal forfeitures, including but not limited to the use of civil judgments and liens. This Subsection does not limit the Village’s authority under Subsection E to recover costs of enforcement as a special charge against the premises. (2) In addition to the imposition of a fee for services constituting a special charge against the real estate under this section, the Village may pursue appropriate civil remedies, including injunctive relief in the Circuit Court for Brown County, to abate or prevent continued nuisance activity. The Village may also recover its reasonable legal costs and attorney fees as determined by the court, with judgment for such obligations obtainable in either small claims court or the Circuit Court for Brown County. No penalties, fees, or charges shall be imposed for exempted activities under Subsection A (5) (ee) § 207-7. Abatement of Public Nuisances. A. Abatement of public nuisances. Unless otherwise prescribed in this Section, the following process shall be employed to abate public nuisances: (1) Public Complaint. Upon sufficient credible written public complaint(s) related to property maintenance, the Director of Planning and Code Compliance, or his/her designee, may PAGE 57 investigate the complaint. If a violation is found, the Director of Planning and Code Compliance, or his/her designee, may engage in enforcement including but not limited to: issuance of citations in conformity with this chapter, issuance of a notice to abate the conditions, cause the violation to be corrected, and/or any other enforcement mechanism as allowed by law or local code. (2) The Director of Planning and Code Compliance, or his/her designee, may also cause the abatement of public nuisance conditions without public complaint if the Director of Planning and Code Compliance, or his/her designee, have grounds to believe there is violation of the property maintenance code, § 207-5, or state laws related to property maintenance. The Director of Planning and Code Compliance, or his/her designee, may engage in enforcement including but not limited to issuance of a citation, issuance of a notice to abate the conditions, causing the violation to be corrected or abated, and/or any other enforcement mechanism as allowed by law or local code. (3) For property maintenance violations that remain uncorrected after prior enforcement actions or there is a health or safety issue that requires immediate abatement, the Director of Planning and Code Compliance, or his/her designee, shall have the alternative option to instruct the Department of Public Works to correct said violation and charge the actual costs incurred against the property owner. If such charges are not paid by November 1 of the year in which they are billed, such charges shall be extended on the next succeeding tax roll as a tax charged against the property affected and collected in the same manner as are other taxes, pursuant to § 66.98, Wis. Stats. (4) A property owner subject to a notice to abate or that has been billed for actual costs and charges of remedial work charged by the Village may appeal within ten (10) days of the issuance of any notice by the Director of Planning and Code Compliance, or his/her designee, or bill, the recipient of the notice may apply to the Village Board for a hearing for consideration of the alleged violation(s) enumerated in the notice. The applicant of such appeal shall be advised of the time and place of the hearing at least seven (7) working days prior to the hearing; and shall be given an opportunity to be heard and to show cause why such notice should be modified, extended, withdrawn or a variance granted. Citations issued for code violations cannot be challenged in this capacity and can only be challenged through local and statutory court mechanisms. (5) Violations and Penalties. Any person or business that violates any provision of this subsection or fails to comply with any order, rule or regulation made hereunder shall be subject to a daily penalty of twenty-five (25) dollars per violation. Subsequent violations of the same provision within one (1) calendar year shall carry an additional penalty of fifty (50) dollars per day per violation. (6) Summary abatement. PAGE 58 (a) Nuisance condition causing great and immediate danger: If the Director of Planning and Code Compliance, or his/her designee, shall determine that a public nuisance exists on private property and that there is great and immediate danger to the public health, safety, peace, morals or decency, the Director of Planning and Code Compliance, or his/her designee, may direct the appropriate personnel to immediately abate the nuisance condition without notice. (b) General nuisance conditions: For all nuisance conditions falling under this chapter that do not pose a great and immediate danger to the public health, safety, peace, morals, or decency, the Director of Planning and Code Compliance, or his/her designee, may serve notice on the owner, or, if the owner cannot be found, on the occupant or person causing, permitting, or maintaining such nuisance and to post a copy of the notice on the premises. Such notice shall direct the owner, occupant, or person causing, permitting or maintaining such nuisance to abate or remove such nuisance within a reasonable time in consideration of the violations and conditions, but not less than 24 hours. The notice must identify that failure to comply with the notice issued under this subsection will be deemed to grant the Village staff or designee authority to abate the violations and charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the same. Said notice may be challenged in the same procedure identified in section 207-7(4). (c) 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 Village Administrator shall direct the abatement or removal of such nuisance. B. Other methods not excluded. Nothing in this chapter shall be construed as prohibiting the abatement of public nuisances by the Village or its officials in accordance with the laws of the State of Wisconsin. § 207-8. Cleanup of Clandestine Drug Lab Sites and Chemical Dump Sites. A. Cleanup of clandestine drug lab sites and chemical dump sites. The provisions herein shall be construed to protect the public health, safety and welfare. Where the conditions imposed by any provision of this section are either more or less restrictive to the public than comparable provisions imposed by any other law, ordinance, statute, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements on the public shall prevail. Should any court of competent jurisdiction declare any section or subpart of this section to be invalid, such decision shall not affect the validity of the section as a whole or any part thereof, other than the provision declared invalid. B. Definitions. For the purposes of this section, the following terms or words shall be interpreted as follows: PAGE 59 (1) “Chemical Dump Site” shall defined as any place or area where chemicals or other waste materials used in a clandestine drug lab operation have been located. (2) “Clandestine Drug Lab Operation” shall be defined as the unlawful manufacture or attempt to manufacture a controlled substance. (3) “Clandestine Drug Lab Site” shall be defined as any place or area where law enforcement has determined that an unlawful clandestine drug lab operation exists or existed. A clandestine drug lab site may include, but is not limited to, dwellings, accesso ry buildings, structures or units, vehicles, boats, trailers or any other area or locations. (4) “Controlled Substance” shall be defined as any drug, substance or immediate precursor in Ch. 961, Wis. Stats., together with any amendments or modifications thereto. The term shall not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco. (5) “Household Hazardous Waste” shall be defined as waste generated from a clandestine drug lab operation. (6) “Manufacture” shall be defined as, in places other than a pharmacy, the production, cultivation, quality control, and standardization, by mechanical, physical, chemical or pharmaceutical means, and the packing, repacking, tableting, encapsulating, labe ling, relabeling, or filling of a controlled substance. (7) “Owner” shall be defined as any person(s), firm(s), corporation(s) or other entity who or which owns, in whole or in part, the land, building, structure, vehicle, boat, trailer or other location associated with a site. (8) “Site” shall be defined as a chemical dump site and/or clandestine drug lab site. C. Declaration of public health nuisance. A site, all areas in proximity to a site, and all personal property located on areas in proximity to a site, are potentially unsafe due to health hazards and are hereby declared to be a public health nuisance. D. Law enforcement action. (1) When a L aw Enforcement Authority determines the existence of a site, the site and all personal property located in proximity to the site shall be declared a public health nuisance. Law enforcement authorities, or designees, are authorized to take the following action: (a) Promptly notify appropriate agencies including but not limited to the Director of Planning and Code Compliance, or his/her designee, child protection officials, public health authorities, and the appropriate enforcement division of the Drug Enforcement Administration of the United States Justice Department. This notice must, at a PAGE 60 minimum, identify the location of the site, the property owner, if known, and the conditions found on the site. (b) Treat, store, transport or dispose of all household hazardous waste found at the site in a manner consistent with state and federal rules and regulations. (c) Issue a temporary declaration of public health nuisance for the site and post a copy of the declaration on all doorway entrances to the site or, in the case of bare land, post the declaration in several conspicuous places on the property. This temporar y declaration of public health nuisance issued by Law Enforcement shall not expire until after the Director of Planning and Code Compliance, or his/her designee, inspects the site and either issues a permanent declaration of public health nuisance or withdraws the temporary declaration of public health nuisance. (d) Notify all persons occupying the site that a temporary declaration of public health nuisance has been issued. (e) Require all persons occupying the site to immediately vacate the site, to remove all pets from the site, and not to return to the site without written authorization from the Director of Planning and Code Compliance, or his/her designee, or authorized court order. (f) Notify all occupants vacating the site that all personal property at the site may be contaminated with dangerous chemical residue. (g) After all occupants have vacated the site, put locks on each doorway entrance to any buildings located on the site to prohibit unauthorized access to the site. (2) Prompt notification of the persons and organizations mentioned above may be delayed to accomplish appropriate Law Enforcement objectives, but only to the extent that public health and child protection responsibilities are not unnecessarily compromised. E. Seizure of property. When the site is inside a vehicle, boat, trailer or other form of movable personal property, Law Enforcement Authorities may immediately seize it and not allow it to be transported except to a more secure location. In such circumstances, all other requirements of this section should be followed as closely as possible given the specific type of property on which the site is discovered. F. Action by Director of Planning and Code Compliance or his/her designee. (1) Inspection and declaration of nuisance. Within 48 hours of notification that Law Enforcement Authorities have determined the existence of a site, the Director of Planning and Code Compliance, or his/her designee, shall cause the site to be inspected to determine whether a permanent declaration of public health nuisance should be issued. Based on the results of the PAGE 61 inspection, the Director of Planning and Code Compliance, or his/her designee, may then promptly issue a permanent declaration of public health nuisance and a do-not-enter, unsafe- to-occupy order for the site to replace the temporary declaration issued and posted by a Law Enforcement Agency. A copy of the permanent declaration and order shall be posted on all doorway entrances to the site or, in the case of bare land, shall be posted in several conspicuous places on the property. These notices may be reapplied from time to time as needed or if removed. (2) Abatement order. Upon issuance of a permanent declaration of public health nuisance being issued and posted, the Director of Planning and Code Compliance, or his/her designee, shall, as soon as practicable, send written notice to the site owner ordering abatement of the public health nuisance. The abatement order must include the following information: (a) A copy of the declaration of public health nuisance and do- not-enter, unsafe-to- occupy order and a copy of this section; (b) Information about the potentially hazardous condition of the site; (c) Notification of the immediate suspension of the site's rental license if applicable; and (d) Information that may help the owner locate appropriate services necessary to abate the public health nuisance. (3) Notice to concerned parties. Within three days after the permanent declaration of public health nuisance has been issued and posted, the Director of Planning and Code Compliance, or his/her designee, shall also mail a copy of the permanent declaration of public health nuisance, a copy of this section, and a notification of the suspension of the site's rental licenses, if applicable, to the following concerned parties at their last known address: (a) Occupants or residents of the site if the identities of such persons are known; and (b) Neighbors in proximity to the site who may be affected by the conditions found, as determined by the Director of Planning and Code Compliance, or his/her designee; and (c) The Hobart Village Administrator; and (d) The Hobart Chief of Police or his/her duly authorized representative(s); and (e) The Drug Enforcement Administration of the United States Justice Department; the Brown County Health Department, the Wisconsin Department of Health, and the Wisconsin Department of Natural Resources. PAGE 62 (4) Modification or removal of declaration. The Director of Planning and Code Compliance, or his/her designee, is authorized to modify or remove the permanent declaration of public health nuisance after he or she receives documentation from a Village-approved environmental hazard testing and cleaning firm stating that the suspected health and safety risks, including those to neighbors and potential dwelling occupants, have been sufficiently abated or corrected to justify amendment or removal of the declaration. G. Site owner's responsibility to act. Within 10 business days of the date the abatement order is mailed to the owner of the site, the owner shall accomplish the following: (1) Provide the Director of Planning and Code Compliance, or his/her designee, with written notification: (a) That the owner has confirmed that all persons and their pets have vacated the site; (b) Of the name(s) of all children who the owner believes were residing at the site; and (c) That the site will remain vacated and secured until the public health nuisance is completely abated as required by this section. (2) Contract with one or more Village-approved environmental hazard testing and cleaning firms to conduct the following work in accordance with the most current state and federal health guidelines, and as required by the Director of Planning and Code Compl iance, or his/her designee: (a) A detailed on-site assessment of the extent of contamination at the site and the contamination of the personal property therein; (b) Soil testing of the site and testing of all property and soil in proximity to the site which the environmental hazard testing and cleaning firm determines may have been affected by the conditions found at the site; (c) A complete cleanup of the site (including but not limited to the cleanup or removal of plumbing, ventilation systems, fixtures and contaminated soil) or a demolition of the site and a complete cleanup of the demolished site; (d) A complete cleanup, or disposal at an approved dump site, of all personal property in the site; (e) A complete cleanup of all property and soil in proximity to the site which is found to have been affected by the conditions found at the site; PAGE 63 (f) Remediation testing and follow-up testing, including but not limited to testing of the ventilation system and plumbing, to determine that all health risks are sufficiently reduced, according to state and federal health guidelines, to allow safe human occupancy and use of the site and use of the personal property therein and of all property and soil in proximity to the site; (g) Provide the Director of Planning and Code Compliance, or his/her designee, with the identity of the testing and cleaning firm with which the owner has contracted for abatement of the public health nuisance as required above; and (h) Provide the Director of Planning and Code Compliance, or his/her designee, with a written cleanup schedule with reasonable deadlines for completing all actions required by the abatement order. H. Site owner's verification of compliance. The site owner must meet all deadlines established on the cleanup schedule. Pursuant to the deadlines established by the cleanup schedule, the site owner is required to provide the Director of Planning and Code Compliance, or his/her designee, with a signed statement from a Village-approved environmental hazard testing and cleaning firm that the site, all personal property therein and all property and soil in proximity to the site, is safe for human occupancy and use and that the cleanup was conducted in accordance with the most current state and federal health guidelines. I. Site owner's responsibility for costs. The site owner is responsible for all costs, including those of the Village, of dealing with and abating the public health nuisance, including contractors' fees and the Village's costs for services performed in association with the site. The Village's costs may also include, but shall not be limited to: (1) Posting of the site; (2) Notification of affected parties; (3) Securing the site, providing limited access to the site, and prosecution of unauthorized persons found at the site; (4) Expenses related to the recovery of costs, including the assessment process; (5) Laboratory fees; (6) Cleanup services; (7) Administrative fees; (8) Legal fees; and PAGE 64 (9) Other associated costs. J. Village action and recovery of costs. (1) If the site owner fails to comply with any of the requirements of this section, the Director of Planning and Code Compliance, or his/her designee, is authorized to take all reasonable actions necessary to abate the public health nuisance, including, but not limited to, contracting with a Village-approved environmental hazard testing and cleaning firm to conduct the work outlined above. (2) If the costs to clean the site or to clean or dispose of the personal property at the site are prohibitively high in relation to the value of the site or the personal property, the Village is authorized to remove or demolish the site, structure or building and/or dispose of the personal property therein. These actions shall be taken in accordance with the provisions of § 66.0413, Wis. Stats., together with any amendments or modifications thereto. (3) If the Village abates the public health nuisance, in addition to any other legal remedy, the Village shall be entitled to recover all of its out-of-pocket costs plus an additional 25% of such costs for administrative and legal expense. The Village may recover its costs both by civil action against the owner of the site, and by assessing such costs as a special charge against the site to be collected at the time real estate taxes are due and payable. The Director of Planning and Code Compliance, or his/her designee, is authorized to notify any lien and/or mortgage holders of the circumstances affecting the site. K. Recovery of costs from persons causing damage. No provision of this section shall limit the ability or right of any impacted individual(s) or entity to recover costs specified under this section from any person(s) or other entity contributing to the creation of a public health nuisance, such as the operators of the site, and/or from other lawful sources. L. Site owner and address. When the site is real property and the owner or the address of the owner of the site is unknown, the owner and the owner's address is deemed to be that of the property's taxpayer's name and address as that information is maintained by the county auditor's office. When the site is a vehicle, boat or trailer and the owner or the address of the owner of the site is unknown, the owner and the owner's address is deemed to be that of the person on file as the owner on the current or most recent title to the vehicle, boat or trailer. M. Unauthorized removal of postings. It is unlawful for any person, except those authorized by the Village, to remove a temporary or permanent declaration of public health nuisance and/or do-not-enter, unsafe-to-occupy order from a site. N. Entry into or onto site. While a declaration of public health nuisance for an affected site is in effect and has been posted at the site, no persons are permitted inside the site or on the site property without PAGE 65 the prior written consent of the Director of Planning and Code Compliance, or his/her designee, or as otherwise authorized by this section. To confirm compliance with this section and to execute their duties under this section, law enforcement officers, the Director of Planning and Code Compliance, or his/her designee, and any persons designated by the Director of Planning and Code Compliance, or his/her designee, may enter onto the site property or enter into the site at any time while a declaration of public health nuisance is in effect for the site. O. Removal of personal property from the site. While a declaration of public health nuisance for an affected site is in effect and has been posted at the site, no personal property may be removed from the site without prior written consent from the Directo r of Planning and Code Compliance, or his/her designee. Consent to remove personal property shall only be granted at the discretion of the Director of Planning and Code Compliance, or his/her designee, and only in cases of hardship after: (1) A Village-approved environmental hazard testing and cleaning firm has advised the Village, in writing, that the item(s) of personal property can be sufficiently cleaned to remove all harmful contamination; and (2) The owner of the personal property agrees in writing: (a) That the owner is aware of the danger of using the contaminated property; (b) That the owner will thoroughly clean the property to remove all contamination before the property is used; and (c) That the owner releases and agrees to indemnify the Village, its agents, employees, assigns and the Village of Hobart Board of Trustees from all liability to the owner and/or third persons for injuries or damages caused, or alleged to have been caused, by the contaminated property. P. Penalties. Any person(s), firm(s), corporation(s), or other entity/entities violating any provision of this section shall, in addition to any costs above set forth, also be subject to the penalties as provided in § 1- 3 of this Code together with the costs of prosecution. The default of payment of such forfeiture and costs of prosecution may result in imprisonment in the Brown County jail until said forfeiture and costs are paid, but not to exceed six months. § 207-9. Transfer of Ownership of Non-Complying Buildings. It shall be unlawful for the owner of any building, structure or premises upon whom a notice of violation of this chapter has been served to sell, transfer, mortgage, lease or otherwise dispose of to another until the provisions of the notice of violation have been complied with, or until such owner shall first furnish to the Director of Planning and Code Compliance, or his/her designee, signed and notarized statement from the grantee, transferee, mortgagee, or lessee, acknowledging the receipt of such notice of violation PAGE 66 and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. § 207-10. Suspension and Revocation of Permits and Licenses. A. Suspension and revocation of permits and licenses. In the event that any owner of property or operator of a business in the Village creates or maintains a public nuisance, for which property or business a license or permit has been granted by the Village, upon a majority vote of the Village Board such license or permit may be suspended, revoked, or denied renewal. Licenses and permits which are subject to this section involve all licenses and permits issued by the Village, including but not limited to licenses issued pursuant to Ch. 40 of this Code and alcoholic beverage licenses issued in accordance with and subject to the provisions of Ch. 125, Wis. Stats. Any suspension, termination or nonrenewal of licenses issued pursuant to Ch. 125, Wis. Stats., shall be undertaken in accordance with the procedures set forth in Ch. 125, Wis. Stats. B. Upon suspension, termination or nonrenewal, the business and property owner shall immediately cease all operations for which such license or permit is required. C. As a prior condition for the Village Board to take action for suspension, revocation or nonrenewal, the Village Clerk shall issue a written notice generally describing the alleged nuisance and advising said owner or operator of the next regularly scheduled Village Board meeting for which an agenda item shall be established to give said owner or operator an opportunity to show cause to the Village Board why suspension, revocation or termination should not take place. This notice shall be in writing and may be served by regular mail to either the address of the property or business or to the last known address of the owner or operator, based upon tax billing records in the Village offices or the address shown on the permit or license application. § 207-11. Cost of Abatement. A. Cost of abatement. In addition to any other penalty imposed by this Code for the erection, 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, or shall be assessed against the real estate. Cost recovery means those costs for service incurred by the Village in connection with a response to any public safety or fire incident, including, but not limited to, the actual labor and material costs of the Village (including, without limitation, employee wages, fringe benefits, administrative overhead, costs of equipment, costs of equipment operation, costs of all materials, costs of transportation, costs of material disposal and costs of contracted labor) whether or not the services are provided by the Village or by a third party on behalf of the Village, service charges and interest; attorney fees, litigation costs and any costs, charges, fines or penalties to the Village imposed by any court or state or federal governmental entities. B. Wherever this article imposes the cost of abatement as a special charge against the premises, the Village elects not to be subject to the administrative review provisions contained within Chapter 68 of PAGE 67 the Wisconsin Statutes, and establishes the following as a complete and final review procedure: As a condition precedent to challenging any special charge, the owner of the premises must timely pay the charge in full under protest to the Village, unless waived for good cause by the Village Administrator. An appeal shall be made to the Village Administrator and can be undertaken only by filing a written appeal with the Village Clerk-Treasurer concurrent with the date of payment. The written appeal shall specify all grounds for challenge to the amount of the special charge and shall state the amount of charge that the appellant considers to be appropriate. Failure to timely and properly appeal shall deprive the Village Administrator of jurisdiction to hear the appeal. (1) The Village Administrator shall have 60 calendar days to consider an appeal under this subsection. In considering an appeal, the Village Administrator shall determine whether the charge is fair and reasonable and, in the event the appeal is granted, whether or not a refund is due the appellant and the amount of the refund. The Village Administrator shall conduct a formal or informal hearing at such time and place as designated in a hearing notice to the appellant, providing at least five business days' notice to the appellant. The Village Administrator is tasked with obtaining sufficient facts upon which to make a determination. The decision shall be based upon the evidence presented. The Village Administrator shall notify the appellant in writing of the determination by first class mail addressed to the individual and at the address listed within the appeal. Service is conclusive upon mailing. (2) The decision of the Village Administrator is final except if the owner of the premises appeals the decision to a court of competent jurisdiction. Any such appeal shall be filed in accordance with Wis. Stat. 68.13. Such appeal shall be by writ of certiorari and the reviewing court shall be limited solely to the record created before the Village Administrator. Costs, but not attorney fees, shall be awarded to the prevailing party, at the sole discretion of the court. Failure to timely and properly appeal shall deprive the court of jurisdiction to hear the appeal. § 207-12. Violations and Penalties. Any person who shall violate any provision of this chapter shall, upon due conviction thereof, forfeit an amount as prescribed in the Uniform Forfeiture and Bond Schedules for each such offense, together with the costs of prosecution. Each day that a violation exists shall constitute a new offense. Section 3: Any Ordinance or parts thereof, inconsistent herewith are hereby repealed. Section 4. This Ordinance shall be effective from and after its passage by the Village Board and publication as required by law. Passed and approved on this ____ day of ___________ 2025. ______________________________________________________ Richard Heidel, Village President PAGE 68 Attest: ______________________________________________________ Aaron Kramer, Village Administrator CERTIFICATION The undersigned, being the duly appointed Clerk of the Board of the Village of Hobart, certifies that the aforementioned is the original ordinance adopted by the Village Board. IN WITNESS WHEREOF, I have executed this Certificate in my official capacity on _____________, 2025. (Seal) ________________________________ Lisa Vanden Heuvel, Village Clerk PAGE 69 A. (1) (2) (3) (4) (5) (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) Village of Hobart, WI Wednesday, September 10, 2025 Chapter 207. Nuisances [HISTORY: Adopted by the Village Board of the Village of Hobart as indicated in article histories. Amendments noted where applicable.] GENERAL REFERENCES Open burning — See Ch. 127. Noise — See Ch. 201. Zoning — See Ch. 295. Article I. General Nuisances [Adopted as §§ 3.401 through 3.405, 3.809, 3.812, 3.813 of the 2000 Code; amended in its entirety 4-8-2020 by Ord. No. 2020-06] § 207-1. Findings and purpose. The Village of Hobart Board finds that any premises that has generated three or more calls for service, fire calls, building inspection, health department, or any combination of, for nuisance activities or has received more than the level of general and adequate police service and has placed an undue and inappropriate burden on the taxpayers of the Village is a nuisance property. The Village Board therefore directs the chief of police, as provided in this section, to charge the owners of such premises the costs associated with abating the violations at the premises at which nuisance activity chronically occur. § 207-2. Public nuisances prohibited. No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the Village of Hobart. § 207-3. Nuisances defined. Public nuisances. A public nuisance is a thing, act, occupation, condition or use of property which shall continue for such length of time as to: Substantially annoy, injure, or endanger the comfort, health, repose or safety of the public. In any way render the public insecure in life or in the use of property. Greatly offend the public morals or decency. 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. Nuisance activity. Any of the following activities, behaviors, or conduct occurring on a premises: An act of harassment, as defined in § 947.013, Wis. Stats. Disorderly conduct, as defined in § 947.01, Wis. Stats. Battery, substantial battery or aggravated battery, as defined in § 940.19, Wis. Stats. Lewd and lascivious behavior, as defined in § 944.20, Wis. Stats. Prostitution offenses, as defined in § 944.30 or § 944.34, Wis. Stats. Littering, as defined in § 9-10, Hobart Municipal Code. Theft, as defined in 943.20, Wis. Stats. Receiving stolen property, as defined in § 943.34, Wis. Stats. Arson, as defined in § 943.02, Wis. Stats. Possession, manufacture, or delivery of a controlled substance or related offenses, as defined in Ch. 961, Wis. Stats. Gambling, as defined in § 945.02, Wis. Stats. PAGE 70 (l) (m) (n) (o) (p) (q) (r) (s) (t) (u) (v) (w) (x) (y) (z) (aa) B. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) C. (1) Animal violations, as defined in Chapter 4, Hobart Municipal Code. Trespass to land, as defined as §§ 943.13 and 943.14, Wis. Stats. Weapons violations as defined in § 9-02, Hobart Municipal Code. Noise violations as defined in § 9-06, Hobart Municipal Code. Violation of curfew for minors, as defined in § 9-15, Hobart Municipal Code. Loitering, as defined in §§ 9-07 and 9-15, Hobart Municipal Code. Truancy, as defined in § 9-29, Hobart Municipal Code. Alcohol violations, as defined in Chapter 3, Hobart Municipal Code and § 125.07, Wis. Stats. Obstructing or resisting an officer as defined in § 946.61, Wis. Stats. Misuse of emergency telephone numbers, as defined 941.35 Wis. Stats. Any act of being party to a crime, as defined in § 939.05, Wis. Stats., any of the activities in Subsection A(5)(a) to (l) above. Any conspiracy to commit, as defined in § 939.31, Wis. Stats., or attempt to commit, as defined in § 939.32, Wis. Stats., any of the activities in Subsection A(5)(a) to (m) above. The execution of arrest or search warrants at a particular location. Village of Hobart inspection-related calls where any public safety department responds. Village of Hobart building inspection related calls where any public safety department responds or any building inspection department response. Brown County Health Officer related calls where any public safety department responds or any health department responds. Public nuisances affecting health. The following acts, omissions, places, conditions, and things are hereby specifically declared to be public health nuisances, but shall not be construed to exclude other health nuisances coming within the definition of Subsection A of this section. All decayed, harmfully adulterated, or unwholesome food or drink sold or offered for sale to the public. Carcasses of animals, birds, or fowl not buried or otherwise disposed of in a sanitary manner within 24 hours after death. Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, scrap metal or any material in which flies, mosquitoes, disease-carrying insects, rats or other vermin breed. All stagnant water in which mosquitoes, flies, or other insects can multiply. Garbage cans which are not fly tight. All noxious weeds and other rank growth of vegetation. All animals running at large. The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash or industrial dust within the Village in such quantities as to endanger the health of persons of ordinary sensibilities or to threaten or cause substantial injury to property. The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, creamery or industrial wastes, refuse, garbage, or other substances. Any use of property, substances, or things within the Village emitting or causing any foul, offensive, noisome, nauseous, noxious, or disagreeable odors, or stenches extremely repulsive to the physical senses of ordinary persons, which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons within the Village. All abandoned wells not securely covered or secured from public use. Any obstruction in or across any watercourse, drainage ditch or swale. The deposit of garbage, refuse, or any offensive substance on any public or private property except as may be permitted by ordinance. Public nuisances offending morals and decency. The following acts, omissions, places, conditions, and things are hereby specifically declared to be public nuisances offending public morals and decency but such enumeration shall not be construed to exclude other nuisances offending public morals and decency coming within the definition of Subsection A of this section. All disorderly houses, bawdy houses, houses of ill fame, gambling houses and buildings or structures kept or restored for the purpose of prostitution, promiscuous sexual intercourse or gambling. PAGE 71 (2) (3) (4) (5) D. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (a) (b) (c) (d) (e) [1] [2] [3] [4] [a] All gambling devices, gambling tables and slot machines. All places where intoxicating liquor or fermented malt beverages are sold, brewed, bottled, manufactured or rectified without a permit or license as provided by the Village. Any place or premises where Village ordinances or state laws relating to public health, safety, peace, morals or welfare are openly, continuously, repeatedly, and intentionally violated. Any place or premises resorted to for the purpose of drinking intoxicating liquor or fermented malt beverages in violation of the laws of the State of Wisconsin or the ordinances of the Village. Public nuisances affecting peace and safety. The following acts, omissions, places, conditions, and things are hereby declared to be public nuisances affecting peace and safety, but such enumeration shall not be construed to exclude other nuisances affecting public peace or safety coming within the provisions of Subsection A of this section. All ice not removed from the public sidewalks and all snow not removed from public sidewalks within 24 hours after it has ceased to fall thereon. All signs and billboards, awnings and other similar structures over or near streets, sidewalks, public grounds or places frequented by the public so situated or constructed as to endanger the public safety. All buildings erected, repaired or altered within the fire limits of the Village in violation of the provisions of the ordinances of the Village relating to materials and manner or construction of buildings and structures within said district. All unauthorized signs, signals, markings, or devices which purport to be or may be mistaken as official traffic control devices placed or maintained upon or in view of the public highway or railway crossing. All trees, hedges, billboards or other obstructions which prevent persons driving vehicles on public streets, alleys, or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk. All limbs of trees which project over a public sidewalk, less than eight feet above the surface thereof or less than 14 feet over the surface of a public street. All use or display of fireworks except as provided by the laws of the State of Wisconsin and ordinances of the Village. All buildings or structures so old, dilapidated or out of repair so as to be dangerous, unsafe, unsanitary, or otherwise unfit for human use. All wires over streets, alleys or public grounds which are strung less than 18 feet above the surface of the street or ground. All loud, discordant and unnecessary noises or vibrations of any kind tending to unreasonably disturb the peace and quiet of persons in the vicinity thereof unless the making and the continuing of the same cannot be prevented and is necessary for the protection and preservation of the health, safety, life or limb of some person. No person occupying or having charge of any building or premises shall cause, suffer or allow any loud, excessive or unusual noise in the operation or use of any radio, or other mechanical or electrical sound-making or -reproducing device or machine which loud, excessive or unusual noise shall disturb the comfort, quiet, or repose of persons therein or in the vicinity. No person shall use or operate in any public street or place or in front of or outside of any building, place or premises or in or through any window, doorway or opening of any building adjacent to any public street or place any device, apparatus, or instrument for the amplification of the human voice or sound or noise or other sound making or sound reproducing device. No person shall make for the purpose of advertising any immoderate or excessive use of the voice of any bell, gong, horn, instrument, article or device. No person operating or having charge of or occupying any building or premises shall keep or allow to be kept any animal or bird which shall habitually by any noise disturb the peace and quiet of any person in the vicinity thereof. No person shall park or leave standing for more than 15 minutes in any street in the Village a vehicle containing livestock, live fowl, or other living animals. Nothing in this section shall apply to the use of loud speaking or amplifying systems as follows: By a school when used in connection with an educational, athletic, entertaining or recreational purpose. By a church when used in connection with an educational, religious or recreational activity. Within a public park of the Village subject to the rules and regulations of the Village Board. The using of loud speaking or amplifying systems after registering with the Police Department as follows: An amplifying system may be used on the public streets of the Village between the hours of 9:00 a.m. and 9:00 p.m., provided such use does not interfere or annoy any religious, educational or recreational gathering and is not audible to the human ear for the distance of more than 300 feet. The use shall at all times be under the jurisdiction of the Police Department who are hereby given the authority to restrain the use if, in their opinion, the same is a public nuisance or a public annoyance. PAGE 72 [b] (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) E. (1) (2) (3) F. (1) (2) (a) (b) (c) (d) [1] An amplifying system may be used in front of or outside a building between the hours of 9:00 a.m. and 9:00 p.m., provided that the same is not audible to the human ear at a distance of 100 feet. If the use becomes a public nuisance to disturb the peace and quiet of any persons, the use shall be discontinued. The keeping or harboring of any animal or fowl which by frequent or habitual howling, yelping, barking, crowing or making of other noises shall greatly annoy or disturb a neighborhood or any considerable number of persons within the Village. The obstructions of streets, alleys, sidewalks or crosswalks and all excavations in or under the same, except as permitted by the ordinances of the Village or which, although made in accordance with such ordinances, are kept or maintained for an unreasonable length of time after the purpose thereof has been accomplished. All open and unguarded pits, wells, excavations or unused basements freely accessible from any public street, alley or sidewalk. All abandoned refrigerators or iceboxes from which the doors and other covers have not been removed or which cannot be opened by pushing from the inside by a small child. Any unauthorized or unlawful use of property abutting on a public street, alley or sidewalk or of a public street, alley or sidewalk which causes large crowds of people to gather, obstructing traffic and free use of the streets or sidewalks. Repeated or continuous violations of the ordinances of the Village or laws of the State of Wisconsin relating to the storage of flammable liquids. Any structure, material or condition which constitutes a fire hazard or will impair extinguishing of any fire. Any and all excavations, including basements, which have been abandoned or for which a building permit has become null and void, or which permit has been revoked by the Zoning Administrator/Building Inspector. Any nuisance so defined by the Wisconsin Statutes. Unmanned aircraft systems (UAS). Using a UAS to damage or destroy property, using a UAS in a careless or reckless manner, using a UAS in a hazardous manner near other aircraft, using a UAS in violation of FAA airspace regulations, using a UAS in violation of FAA flight restrictions or temporary flight restrictions, using a UAS in violation of FAA temporary flight restrictions in the proximity of the president, other parties, or sporting events, using a UAS to cause a public disturbance or creating a risk to persons by; making unreasonable noise, creating a hazard or nuisance. Smoke. Dense smoke. The emission of dense smoke from the smokestack of any engine or from the smokestack or chimney of any building within the Village is hereby declared to be a public nuisance and is prohibited. Stationary engine. The owner, lessee, or occupant of any building, or the fireman, engineer, or any other person having charge or control of any furnace or stationary engine who shall cause, permit, or allow dense smoke to issue or to be emitted from the smokestack or chimney connected with any such furnace or stationary engine within the Village shall be guilty of creating a public nuisance and of violating the provisions of this section. All soot prohibited. The emission of soot, cinders, or coal dust from any chimney, stack, furnace, or from any building within the Village is hereby declared to be a public nuisance and is prohibited. Storage of junk. No person shall store on any property in the Village, any junk, debris or condition, including, but not limited to, unlicensed and/or inoperable vehicles, vehicle parts, machinery, machinery implements, or machinery parts, refrigerators, furnaces, washing machines, stoves, water heaters, wood, bricks, concrete blocks, other building materials, upholstered furniture, mattresses, bedsprings or other furniture not intended for exterior use by the manufacturer and used or stored on open porches or in yards, household garbage or refuse not properly contained or stored, or other unsightly debris or unsightly conditions which may tend to depreciate property values in the area or create a nuisance, hazard or eyesore except in an enclosed building which houses such property from public view, or upon permit issued by the Village, or as may be allowed as an approved use by Chapter 295 , Zoning. See § 207-4, Storage of junk regulated. Lots in residentially developed areas shall be kept free, by the owner, occupant, or person authorized to use same, of dirt piles, rubble, grass piles, leaf piles, and any other material or conditions which might hinder maintenance of the property, except as provided by the following: Dirt piles and materials used for landscaping the lot shall be leveled, used within 30 days of the date of delivery of the dirt. Dirt piles in commercially and industrially zoned areas shall be removed within one year of the date of deposit on the property, completion of site development or expiration of a Village building permit. Dirt piles and materials used for landscaping used in conjunction with properly zoned landscaping businesses or contractor's yards are permitted. Compost piles shall be allowed if they meet all of the following requirements: Located in the rear yard as defined by Chapter 295, Zoning. PAGE 73 [2] [3] [4] [5] [6] [7] (3) G. H. (1) (2) (a) (b) [1] [2] [3] [4] [5] [6] [7] [8] (3) (a) [1] Located at least 10 feet from property lines, except for properties zoned A1 or A2 where the compost pile is not abutting a residentially zoned property. Confined in a bin meeting generally acceptable composting principles. Managed and maintained odor-free. Does not contain meat or other animal products. Kept free of vermin. Does not pose or create any nuisance condition. A violation of this section is declared a public nuisance. Unkempt buildings. The exterior of every structure or accessory structure, residential and nonresidential, including fences, shall be maintained by the owner, occupant or person authorized to use same, in good repair and all exterior surfaces thereof shall be kept painted or covered with exterior siding materials intended for that use by the manufacturer for purposes of preservation and appearance. The same shall be maintained by the owner, occupant or persons authorized to use same, free of broken or missing siding, shingles or exterior woodwork crumbling stone or brick, excessive chipped, peeling or lack of paint, missing, broken or deteriorating steps, porches, handrails and guardrails or any other conditions reflective of deterioration and/or inadequate maintenance or as may tend to depreciate property values in the area or create a nuisance or hazard. Weed cutting and lawn care. Definitions. As used in this section, the following terms shall have the meanings indicated: DEVELOPED LOT A lot with a finished residential use, commercial use, institutional use or industrial use building or building under construction. NOXIOUS WEEDS As defined in Wisconsin Statutes § 66.0407, which is hereby adopted and made a part of this article, and shall also include common ragweed (Ambrosia artemisiifolia), giant ragweed (Ambrosia trifida) and burdock (Actrium spp.). UNDEVELOPED LOTS Any lot not meeting the developed lot definition located within a platted subdivision or certified survey map. Owner's responsibility. The owner of every parcel of land within the Village shall destroy or cause to be destroyed all noxious weeds on every parcel of land which he/she owns, occupies or controls. The owner of every parcel of land within the Village shall cut or cause to be cut all grass, weeds and similar vegetative growth in excess of eight inches in length/height for developed lots and 12 inches in length/height for undeveloped lots, including the public right-of-way adjoining said land, except as follows: Lands zoned A-1 or A-2 where the property contains a permitted principal use other than or in addition to a dwelling. For the purposes of this exception, the yard around any dwelling on such land is required to comply with the landscape maintenance provisions of Subsection H(3). Lands, used principally for farming, agricultural, cultivation, harvesting operations, including, but not limited to, crops or livestock. For the purposes of this exception, the yard around any dwelling on such lands is required to comply with the landscape maintenance provisions of Subsection H(3). Appropriately maintained natural landscaping as provided in Subsection H(3)(b). Wooded areas or tree lines where the distance between trees effectively prevents mowing. Hilly areas with severe slopes that would prevent safe mowing. Lands located in a designated floodplain and/or wetland area. Properties owned by governmental entities or where federal, state or local regulations provide otherwise. Property or land areas with unusually unique terrain or circumstances as determined by Village personnel. Landscape maintenance. Purpose. The use of woodlands, prairies, wildflowers, natural grasses and other native plants in a managed landscape design can be economical, low-maintenance and effective in soil and water conservation. However, it is not the intent of this section to allow vegetated areas to be completely unmanaged or overgrown. PAGE 74 [2] (b) [1] [2] [3] (c) [1] [2] (4) A. B. C. (1) (2) (3) (a) [1] [2] Areas that present either a direct health hazard or provide a demonstrated breeding ground for fauna known to create a safety or health hazard will not be permitted. Certain noxious weeds defined in this section are recognized indicators of neglect. The Village recognizes the desirability of permitting natural vegetation within the Village limits while maintaining public health and safety at the same time. Managed and natural landscaping. Native and naturalized plants, including, but not necessarily limited to, ferns, wildflowers, grasses, shrubs and trees may be grown in a managed landscape design or in naturally maintained conditions such as prairies, wooded areas, wetlands, provided said plants were not obtained, or are not growing, in violation of any local, state or federal laws. Nuisance weeds and noxious weeds as identified in this article are prohibited in all cases and shall be subject to abatement. Managed and natural landscape areas shall not be allowed to interfere with traffic vision. Yard neglect. The front, side and rear yards of a residence, commercial, institutional or industrial use, shall be maintained with a lawn, shrubbery, plantings or other surface treatment consistent with this section for an area equal to the property's zoning district minimum setback requirements, except as provided in Subsection H(2)(b). Rank or unmanaged growth of vegetation identified in state or local codes is not permitted and is declared to be a public nuisance. Noxious weeds and uncut growth; public nuisance; abatement by the Village. All noxious weeds and uncut vegetative growth as outlined in this article is hereby declared to be a public nuisance and may be abated by the Village at its option if the owner fails to comply with this article. In addition to any other penalty provided in this article, the costs thereof, together with an administrative charge applied to the bill, imposed each time the growth is abated shall be charged against the property as a special tax. § 207-4. Storage of junk regulated. Restricted. No person shall store junked or discarded property, including automobiles, automobile parts, trucks, tractors, refrigerators, furnaces, washing machines, stoves, machinery or machinery parts, wood, bricks, cement blocks or other unsightly debris which substantially depreciates property values in the neighborhood, except in an enclosure which screens such property from public view or upon permit issued by the Village Board. Order for compliance. The Zoning Administrator/Building Inspector may require by written order any premises in violation of this section to be put in compliance within the time specified in such order and, if the order is not complied with, may have the premises put in compliance and the cost thereof assessed as a special tax against the property. Motor vehicle and trailer salvage storage. Planning and Zoning Commission to establish rules. The Planning and Zoning Commission shall enact such rules and regulations including, but not limited to, provisions for fencing, distance from highways, etc., for the regulation of the dismantling, accumulation or storage of junked or inoperable motor vehicles and trailers or parts thereof outside of any building as deemed necessary for the public health, safety and welfare. Rules and regulations so enacted shall, after ratification by the Village Board and publication in the official newspaper, become a part of this section by reference as though fully incorporated herein. Permit required. No person shall accumulate or store any junked or inoperable motor vehicles or trailers or parts thereof outside of any building on any real estate within the Village unless a permit is obtained from the Village Clerk-Treasurer for such use. The Village Clerk-Treasurer shall not issue a permit unless the application is approved by the Zoning Administrator/Building Inspector and a fee of $100 is paid to the Village Clerk-Treasurer. All permits shall expire on the 31st day of December of each year and shall be renewed. A renewal application may be denied for violation of this section, and if approval is denied, the Zoning Administrator/Building Inspector shall state the reasons for disapproval on the application. The Village Clerk-Treasurer shall notify the applicant of disapproval and the applicant shall be given an opportunity to be heard before the Village Board. Conformance with rules and regulations of Planning and Zoning Commission. The Zoning Administrator/Building Inspector shall not approve an application for a permit to accumulate or store junked or inoperable motor vehicles and trailers or parts thereof unless the premises conforms to the rules and regulations of the Planning and Zoning Commission as follows: All material not stored within a building shall be enclosed by a solid fence. The fence shall be of chain link fabric of No. 9 gauge wire or heavier, galvanized or aluminum-coated steel; such fence to have an open mesh no larger than three inches and be equal to "U.S. Cyclone" or "Sentry Fence" standards and with slats inserted in the fence which are impervious to sight. The fence shall be kept in good state of repair and painted in uniform color. PAGE 75 [3] [4] (b) (c) (d) (4) (5) (6) (7) A. B. C. D. (1) The fence shall not be less than six feet in height and of uniform height and material. If materials stored exceed six feet, such material shall be screened by natural objects or plantings. The fence shall not be less than 25 feet from the street, curb or road edge. No material shall rest upon the fence. There shall be no signs, bulletins and posters posted on the fence. All properties with such materials in existence on the date of enactment of these rules and regulations shall conform to these requirements within 90 days. Enforcement. The rules and regulations governing the storage of junked or inoperable motor vehicles and trailers or parts thereto shall be enforced by the Zoning Administrator/Building Inspector. Defined. "Motor vehicle" and "trailer" as used herein shall mean any automobile, truck trailer, semitrailer, tractor, motor bus or any self- propelled or motor-driven vehicle. Authority to retain. Any business engaged in automotive sales or repair may retain disassembled, inoperable, junked or wrecked motor vehicles, truck bodies, tractors or trailers in the open, on private property, for a period not to exceed 30 days, after which such vehicles must be removed. No semitrailer or van box may be used for storage within the Village without first securing a permit from the Zoning Administrator/Building Inspector. The Zoning Administrator/Building Inspector may issue a permit not to exceed six months for temporary use for a semitrailer as storage if he feels it would not be unsightly nor diminish the quality of the neighborhood. In the event that the storage is on a construction site, the Zoning Administrator/Building Inspector may grant an extension if he thinks it is warranted. § 207-5. Open cisterns, wells, basements or other dangerous excavations prohibited. No person shall have or permit on any premises owned or occupied by him any open cisterns, cesspools, wells, unused basements, excavations or other dangerous openings. All such places shall be filled, securely covered or fastened in such manner as to prevent injury to any person and any cover shall be of such design, size and weight that the same cannot be removed by small children. § 207-6. Abandoned or unattended refrigerators prohibited. No person shall leave or permit to remain outside any dwelling, building or other structure or within any unoccupied or abandoned building, dwelling or other structure under his control in a place accessible to children any abandoned, unattended or discarded icebox, refrigerator or other container having an airtight door or lid, snap lock or other locking device which may not be released from the inside unless such door or lid, snap lock or other locking device has been removed from such icebox, refrigerator or container or unless such container is displayed for sale on the premises of the owner or his agent and is securely locked or fastened. § 207-7. Abatement of public nuisances. Inspection of premises. Whenever a complaint is made that a public nuisance exists within the Village, the Chief of Police, Zoning Administrator/Building Inspector or other authorized Village employee shall inspect or cause to be inspected the premises and shall make a written report of his/her findings to the Village Administrator. Entry into or onto site. While a declaration of public nuisance for an affected site is in effect and has been posted at the site, no persons are permitted to be inside the site or on the site property without prior written consent of the Building Inspector or as otherwise authorized by this section. To confirm compliance with this section and to execute their duties under this section, law enforcement officers, the Building Inspector, and any persons designated by the Building Inspector, may enter onto the site property or enter into the site at any time while the declaration of a public nuisance is in effect for the site. Removal of personal property. Consent to remove personal property shall only be granted at the reasonable discretion of the Building Inspector, and only in cases of hardship. Property owner agrees in writing that they are aware that the possibility exists that the property or personal property may be unsafe and or contaminated. That cleaning may or may not render the property safe, and the owner releases and agrees to indemnify the Village, its staff, and the Village Board from all liability to the owner and/or third persons for injuries or damages caused, or alleged to have caused by the contaminated property. Summary abatement. Notice to owner. If the inspecting officer shall determine that a public nuisance exists on private property and that there is great and immediate danger to the public health, safety, peace, morals or decency, the Village Administrator or designee may direct the appropriate personnel to serve notice on the owner, or, if the owner cannot be found, on the occupant or person causing, permitting, or maintaining such nuisance and to post a copy of the notice on the premises. Such notice PAGE 76 (2) E. F. A. (1) (2) [1] shall direct the owner, occupant, or person causing, permitting or maintaining such nuisance to abate or remove such nuisance within 24 hours 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, permitting or maintaining the same. 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 Village Administrator shall direct the abatement or removal of such nuisance. Abatement by court action. If the inspecting officer shall determine 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 Village Administrator, who may cause an action to abate such nuisance to be commenced per Chapter 823 of the Wisconsin Statutes. Other methods not excluded. Nothing in this chapter shall be construed as prohibiting the abatement of public nuisances by the Village or its officials in accordance with the laws of the State of Wisconsin. § 207-8. Cost of abatement. In addition to any other penalty imposed by this Code 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, or shall be assessed against the real estate. Cost recovery means those costs for service incurred by the Village in connection with a response to any public safety or fire incident, including, but not limited to, the actual labor and material costs of the Village (including, without limitation, employee wages, fringe benefits, administrative overhead, costs of equipment, costs of equipment operation, costs of all materials, costs of transportation, costs of material disposal and costs of contracted labor) whether or not the services are provided by the Village or by a third party on behalf of the Village. Service charges and interest; attorney fees, litigation costs and any costs, charges, fines or penalties to the Village imposed by any court or state or federal governmental entities. Wherever this article imposes the cost of abatement as a special charge against the premises, the Village elects not to be subject to the administrative review provisions contained within Chapter 68 of the Wisconsin Statutes, and establishes the following as a complete and final review procedure: As a condition precedent to challenging any special charge, the owner of the premises must timely pay the charge in full under protest to the Village. An appeal shall be to the Village Administrator and can be undertaken only by filing a written appeal with the Village Clerk-Treasurer concurrent with the date of payment. The written appeal shall specify all grounds for challenge to the amount of the special charge and shall state the amount of charge that the appellant considers to be appropriate. Failure to timely and properly appeal shall deprive the Village Administrator of jurisdiction to hear the appeal. The Village Administrator shall have 60 calendar days to consider an appeal under this subsection. In considering an appeal, the Village Administrator shall determine whether the charge is fair and reasonable and, in the event the appeal is granted, whether or not a refund is due the appellant and the amount of the refund. The Village Administrator shall conduct a formal or informal hearing at such time and place as designated in a hearing notice to the appellant, providing five business days' notice to the appellant. The Village Administrator shall obtain sufficient facts upon which to make a determination. The decision shall be based upon the evidence presented. The Village Administrator shall notify the appellant in writing of the determination by first class mail addressed to the individual and at the address listed within the appeal. Service is conclusive upon mailing. The decision of the Village Administrator is final except if the owner of the premises appeals the decision to a court of competent jurisdiction. Such appeal shall be filed no later than 30 calendar days after the date of mailing the decision of the Village Administrator. Such appeal shall be by writ of certiorari and the reviewing court shall be limited solely to the record created before the Village Administrator. Costs, but not attorney fees, shall be awarded to the prevailing party, at the sole discretion of the court. Failure to timely and properly appeal shall deprive the court of jurisdiction to hear the appeal. § 207-9. Violations and penalties. The penalty for violation of any provision of this article shall be as provided in § 1-3. Each day of continuing violation shall constitute a separate offense. Article II. Offensive Industries [Adopted as § 3.6 of the 2000 Code; amended in its entirety 4-8-2020 by Ord. No. 2020-06] Editor's Note: The preamble to the ordinance adopting this article reads: "An ordinance under the provisions of § 66.0415, Wis. Stats., to direct the location, management and construction of, and license (annually or otherwise), to regulate or prohibit any industry, thing or place where any nauseous, offensive business is carried on, the ordinance to apply within the boundaries of the Village of Hobart." § 207-10. Abatement or removal. PAGE 77 Any business considered to be nauseous or offensive is declared to be a public nuisance and an action for the abatement or removal thereof or to obtain an injunction to prevent the same may be authorized to be brought and maintained by the Village Board. § 207-11. Violations and penalties. Any business considered to be nauseous or offensive shall be deemed unlawful, and any person, firm, or corporation may, at the discretion of the court, upon conviction, be subject to the penalties provided in § 1-3. Each day that a violation continues to exist shall constitute a separate offense. § 207-12. Exception. All farm operations are to be excluded from this article. PAGE 78 State Bar of Wisconsin Form 6-2003 SPECIAL WARRANTY DEED Document Number Document Name ("Grantor," whether one or more), and Recording Area Name and Return Address Parcel Identification Number (PIN) This homestead property. (is) (is not) Dated . (SEAL) (SEAL) * * (Signatures may be authenticated or acknowledged. Both are not necessary.) NOTE: THIS IS A STANDARD FORM. ANY MODIFICATIONS TO THIS FORM SHOULD BE CLEARLY IDENTIFIED. FORM NO. 6-2003SPECIAL WARRANTY DEED * Type name below signatures. © 2003 STATE BAR OF WISCONSIN ("Grantee," whether one or more). County, State of Wisconsin ("Property") (if more space is (SEAL) (SEAL) * * Grantor for a valuable consideration, conveys to Grantee the following described real estate, together with the rents, profits, fixtures and other appurtenant interests, in needed, please attach addendum): Grantor warrants that the title to the Property is good, indefeasible, in fee simple and free and clear of encumbrances arising by, through, or under Grantor, except: THIS DEED, made between AUTHENTICATION STATE OF WISCONSIN ) ss. COUNTY ) ). TITLE: MEMBER STATE BAR OF WISCONSIN authorized by Wis. Stat. § 706.06) to me known to be the person(s) who executed the foregoing instrument and acknowledged the same. THIS INSTRUMENT DRAFTED BY: Notary Public, State of Wisconsin My Commission (is permanent) (expires: ) , * * Signature(s) authenticated on Personally came before me on (If not, the above-named ACKNOWLEDGMENT Attorney William S. Woodward von Briesen & Roper, s.c. 300 N. Broadway, Suite 2B Green Bay, WI 54303 Part of HB-525 & Part of HB525-2 is not North Hobart Business Park, LLC, a Wisconsin limited liability company, Village of Hobart, a Wisconsin municipality, Brown County See attached Addendum A for Legal Description. The purpose of this deed is to “Dedicate to the Public” the right of way described on Addendum A and to have the Village of Hobart sign as an acceptance of the public road, and it shall be named Founders Terrace. William S. Woodward von Briesen & Roper, s.c. BROWN PAGE 79 ADDENDUM A TO SPECIAL WARRANTY DEED FOUNDERS TERRACE LEGAL DESCRIPTION (PART OF HB-525 & HB-525-2) Part of Lot 1, Certified Survey Map Number 9588 (CSM 9588), Document Number 3028549, said map being located in Lot 3 and part of Lot 3, all being located in Section 11, Township 24 North, Range 19 East, Village of Hobart, Brown County, Wisconsin more fully described as follows: Commencing at the North 1/16 corner on the west line of said Section 11; thence S89°47’52”E, 1309.26 feet on the south line of Lot 2 of said Section 11 to the West 1/16 corner on the north 1/2 line of said Section 11; thence N01°33’05”E, 142.92 feet on the east line of said Lot 2 and continuing on the east line of said Lot 3 to the north right of way of Centerline Drive; thence S88°30’00”W, 88.91 feet on said north right of way to the POINT OF BEGINNING; thence continuing S88°30’00”W, 75.05 feet on said north right of way to the east line of Lot 2 of said CSM 9588; thence N00°31’00”E, 447.98 feet on said east line and its northerly extension; thence 32.88 feet on the arc of a 37.50 foot radius curve to the left, having a long chord which bears N24°36’07.5”W, 31.84 feet; thence 361.69 feet on the arc of a 75.00 foot radius curve to the right, having a long chord which bears N88°26’06”E, 100.07 feet; thence 30.16 feet on the arc of a 37.50 foot radius curve to the left, having a long chord which bears S23°33’13.5”W, 29.35 feet; thence S00°31’00”W, 450.79 feet on a line that is 75.00 feet east of and parallel with the east line of said Lot 2, CSM 9588 to the Point of Beginning. Said parcel contains 52,375 Square Feet (1.202 Acres) of land more or less. As shown and dimensioned on the attached Exhibit ‘A’. The purpose of this deed is to “Dedicate to the Public” the above right of way description and to have the Village of Hobart sign as an acceptance of the public road, and it shall be named Founders Terrace. ACCEPTANCE OF THE DEDICATION OF PUBLIC ROADWAY BY THE TOWN OF HOBART By: Name: Title: Date: PAGE 80 Lot 2 SW-NW Lot 1 SE-NW 35' 35' 40' Lot 2 Lot 3 Lot 2 CSM #9859 Unplatted Lands S89°47'52"E 1309.26' Lot 1 CSM #9924 Lot 2 CSM #9588 Unplatted Lands Centerline Drive 35' 35' Founders N01°33'05"E 142.92' S88°30'00"W 88.91' 40' 37.5' 37.5' Lot 1 CSM #9588 FOUNDERS TERRACE 52,375 Square Feet 1.202 Acres HB-525 HB-525-2 75' Terrace C1 C2 C3 Lot 3, Section 11Lot 1, Section 11 N00°31'00"E 447.98'S00°31'00"W 450.79' 75.05' S88°30'00"W RADIUS = 75' Founders Terrace East line of Lot 2, CSM 9588 75' Lot 1 CSM 9925 EXHIBIT 'A' R:\2300\2320\2320286\dwg\2320286_cul-de-sac rw_ALL.dwg Date: 09/04/2025 REL Job #:2320286 Exhibit Sheet 1 of 1 Point of Beginning 200'0' 50' 100' Scale: 1"= 100' West 116 Corner on the North 12 Line of Section 11, T24N-R19E North 116 Corner on the West Line of Section 11, T24N-R19E Curve C1 Delta = 50°14'15" Radius = 37.50' Arc Length = 32.88' Chord Direction = N24°36'07.5"W Chord Length = 31.84' Tan. Bearings = N00°31'00"E, N49°43'15"W Curve C2 Delta = 276°18'42" Radius = 75.00' Arc Length = 361.69' Chord Direction = N88°26'06"E Chord Length = 100.07' Tan. Bearings = S46°35'27"W, S49°43'15"E Curve C3 Delta = 46°04'27" Radius = 37.50' Arc Length = 30.16' Chord Direction = S23°33'13.5"W Chord Length = 29.35' Tan. Bearings = N46°35'27"E, S00°31'00"WLegend Public Dedication for Street Purposes. Area = 52,375 Sq. Ft. / 1.202 acres. PAGE 81 Page 1 of 1 MEMORANDUM TO: Village Board FROM: Aaron Kramer, Village Administrator RE: Municipal Court A ttorney Interviews DATE: October 7th 2025 BACKGROUND The Village issued a Request for Proposals (RFP) from attorneys qualified to practice law in the state of Wisconsin to provide prosecution services for the Village, along with handling appeals and OWI jury trials from Municipal Court. Our current attorney will be stepping down at the end of the year. Four (4) applications were received for review. Tonight’s action will create an a d hoc committee to review the applications and conduct interviews with the applicants. REQUESTED MOTION To appoint Hobart Village Administrator Aaron Kramer, Lawrence Town Administrator Pat Wetzel and Hobart-Lawrence Police Chief Mike Renkas to an ad-hoc committee to review the applications for the position of Hobart Municipal Court attorney, which will be vacated on December 31, 2025; conduct interviews of qualified applicants and present their findings and recommendations to the Village Board. PAGE 82 Page 1 of 1 MEMORANDUM TO: Ho bart Village Board FROM: Aaron Kramer, Village Administrator RE: FY2026 Budget Schedule DATE: October 7th 2025 PROPOSED BUDGET SCHEDULE OCTOBER  Tues day 21st (REGULAR BOARD MEETING) – Presentation and approval of amended FY2025 budge t.  Tues day 28 th (SPECIAL BOARD MEETING) – Presentation of FY 2026 budget (General Fund, Capita l, Debt Servi ce). Establish public hearing for FY2026 budget on November 18th. NOVEM BER  Tues day 4th (REGULAR BOARD MEETING) – Revisions and action on proposed FY2026 budget (General Fund, Capital, Debt Service) if needed.  Tuesday 11th (SPECIAL BOARD MEETING) - Special Board meeting on the FY2026 budget if needed.  Tuesday 18th (REGULAR BOARD MEETING) - Public hearing on FY2026 budget. The levy will be set by Board action at this meeting. Action on resolution adopting the FY2026 budget, the property tax levy, the refuse and recyc ling special charges and the storm water management utility charges.  Tuesday 25th (SPECIAL BOARD MEETING) – Last possible date to approve the FY2026 tax levy.  Wednesday 26th – Deadline to get levy information to Brown County to have the tax bills printed. DECE MBER  Tues day 2nd (REGULAR BOARD MEETING) - Presentation of proposed FY2026 budgets for Water Utility, Sanitary Sewer District, Storm Water Fund, Tax Increment District #1 and Tax Increment District #2.  Tuesday 16 th (REGULAR BOARD MEETING) - Final action on proposed FY2026 budgets for Water Utility, Sanitary Sewer District, Storm Water Fund, Tax Increment District #1 and Tax Increment District #2. Action on re solution establishing Village fee schedule for 2026. PAGE 83