Town sues couple over ‘junk’ on property

The Town of Grafton is asking an Ozaukee County circuit court judge to declare a property on Highway W a public nuisance and order its owners to clean up piles of debris — everything from concrete pieces and old machinery to junk cars and tractors — that litter the two-acre parcel just south of Highway 32.

The lawsuit filed last week by the town against Terry and Sheila Smith, who own the property at 1831 Hwy. W, also ask a judge enforce fines that could cost the couple thousands of dollars.

In its complaint, the town alleges the Smith’s property violates several town codes and that it is seeking a court ruling to make the Smiths come into compliance and pay town fees relating to the violations.

 While multiple warnings have been given to the property owners by the town, no improvements have been made to the lot.

One violation the town alleges is that the property has accumulated large amounts of trash, machinery, construction materials, lumber, scrap metal, unused objects and other materials, and that the property poses a nuisance to the public.

The complaint states that the Smiths have also conducted land disturbing activities on the property including the creation of multiple berms.

The second major violation is that the Smiths are operating a salvage yard or junkyard business on the property, which they are not permitted to operate.

The property is zoned for business, which does not allow for any junkyard or scrap businesses.

If the judge rules in favor of the town, the Smiths may have to come into compliance with the town code and pay hundreds in fees amassed over the months the violations have been documented.