Blight matters become legal questions in Mercer

By TOM LAVENTURE

tlaventure@yourdailyglobe.com

MERCER, Wis. — The town of Mercer has a blight ordinance, but enforcement is a more complicated matter, according to the Mercer Town Board of Supervisors at their meeting Thursday.

John Sendra, town board chair, said there are more blight complaints from neighbors of a property in the area of Popko Circle West in Mercer. The most recent complaints were of the property owner conducting a burning that was allowed by the Wisconsin Department of Natural Resources, but took place on a Sunday, and before 6 p.m., which are both violations of the town burning ordinance. 

Sendra said the concern with the blight ordinance is to know when the town or Iron County has the authority to enforce. He suggested removing the town blight ordinance so there is no question for the county regarding enforcement.

Township attorney Fritz Schellgell said that a county sheriff’s deputy is investigating the blight matter. The county is not refusing to investigate because the town has its own ordinance, he said.

“Right now it is turned over to the sheriff’s department,” Schellgell said. 

The issue for a Wisconsin town is to clarify where it has jurisdiction and where it does not, he said. Town authority stems from the state statutes and if something is not specified by statute it can not be enforced by ordinance.

“Cities have different powers and abilities than the towns or villages,” Schellgell said.

The burning may be inappropriate but the town should understand where it takes responsibility and when that responsibility is directed to another entity, he said.

Statutorily speaking, the town board chair has the authority to issue a blight citation by ordinance, he said. However, the statute might not grant the town authority to hire a blight officer.

The town is statutorily allowed to hire a town constable, Schellgell said. The town must then ask if that is a cost effective choice for a town that is paying half of the county sheriff’s budget?

Schellgell suggested that he and Sendra have a conversation with the sheriff’s deputy who is investigating the matter to discuss the town’s concerns. He discouraged the town from becoming directly involved with the complaints as that could draw the town into potential legal matters. 

The neighbors are upset and coming to the town for action, he said. But the town should be aware of a similar situation in Gogebic County where the neighbors who filed blight complaints against a property owner were all charged with criminal trespass. 

“You cannot violate state law and a person’s rights because you think he’s doing something wrong and you have to be careful of that,” Schellgell said. “We don’t want to get involved with folks who are not following the law because we can get brought into it.”

The zoning issues related to the blighted property are being addressed by the Iron County Zoning Administration, Schellgell said. The county is currently taking legal direction on the matter. 

Hedda Patzke, of the Woods and Blooms Garden Club, spoke in the public comment portion of the meeting to request that the town waive the rental fee to use the community center for their Oct. 27 meeting. The pandemic does not allow the group to meet in the town hall provided by the town because of room dimensions and group size.

The town board of supervisors switched meeting locations from the town hall to the community center for the same reason. The garden club has around 40 members but not all attend the meetings, Patzke said.

“We request that you waive the fee because we are such an important contributor to the beauty of the community,” Patzke said. 

Opal Roberts, town board vice chair, said that the rationale made sense that because a larger meeting space was required because of COVID-19 that the group should not be charged for the space. Town supervisors Vic Ouimette, Michael Lambert and Eric Snow agreed and asked that John Sendra, town board chair, authorize the meeting at no charge.

“This is a difficult time,” Lambert said.

Sendra said that because the garden club is a volunteer group that is not a chapter of a larger organization that the fee could be waived.

The board approved a sidewalk ordinance with a clarification to stipulate the minimum 48-inch clearance requirement for tables and chairs on sidewalks in front of businesses. Businesses may apply for a clearance exception in writing for the board to review and consider.

The board scheduled a board of review meeting for 9 a.m. Wednesday, Oct 21. The board also scheduled a department budget work session for 10 a.m. Tuesday, Oct. 27.

The board approved Georgia Flanagan, Brenda Nelson, Mike Chamberlain and Melody Nelson as election workers for the Nov. 3 general election. The total number of election workers is now at 11 and will allow the workers to divide the election day into shifts, said Debbie Hohner, town clerk.

In the town clerk’s report, Hohner said that approximately 70% of the absentee ballots that were sent out have been returned to the town hall. She is contacting people with errors to come in and complete the information so that the ballot will be valid. 

Hohner added that with all the misinformation going around about voting that people are expressing that they are more comfortable after talking to town hall staff regarding questions and concerns.

“After getting it from all sides we are there to answer the questions,” Hohner said.

In the supervisors reports, Roberts said that the Mercer Senior Center board has applied for nonprofit status and is currently setting goals. The Mercer Public Library has scheduled a Trunk-or-Treat event in the parking lot for 4 p.m. Saturday, Oct. 31.

Roberts also addressed the complaints of residents who claim people are stealing campaign signage from yards. 

“That is not allowing people freedom of speech,” Roberts said. 

Snow said he has received complaints about people speeding on Lake Shore Drive. The town will follow through by placing a 25 mph speed limit sign on the side where it is not posted.

In other business, the town board: 

—Approved a conditional use permit for a 40-foot-by-24-foot accessory building on F-1 zoned property at 2170W Beaver Road, with the stipulation that there is no commercial use or habitation.

—Postponed action on a tourist rooming house permit at 6310 Bambiland Road for Grand River Rentals, LLC, until required information on the application is completed.

—Denied a sign permit 4-1 for The Comfy Quilt and Craft Shop at 5224N U.S. 51, until completed information on the application is provided. Lambert voted against the measure.

—Approved one bartender’s license renewal.

—Approved a liquor license renewal for Krist Food Mart, which has changed distributor agents to Edward Alvey Jr. 

—Approved two cemetery deeds.

The next regular meeting will be held at 5:30 p.m. Thursday, Nov. 5 at the Mercer Community Center.