Village of Fox Point, WI
Milwaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Fox Point as Ch. 33 of the 1961 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Streets, sidewalks and rights-of-way — See Ch. 292.
Trees, shrubs and other plant material — See Ch. 310.

§ 681-1 Purpose.

When buildings or structures and the premises are in a state of disrepair or not in a neat and attractive appearance, a condition is created which may cause or contribute to injury of persons or property, unsanitary conditions endangering the health and safety of persons using the premises and the depreciation of real estate property values in the Village. Each of the above conditions creates a public nuisance.

§ 681-2 Exteriors.

With respect to all buildings or structures, including fences, planters, and retaining walls, the owner, occupant or agent shall keep the exterior thereof in a neat and attractive appearance and structurally sound, and including but not limited to, shall repaint or use preservatives on the exterior from time to time as reasonably required to maintain the same, and shall keep stone or brick adequately tuck-pointed and shall keep other building material in a neat and attractive condition.

§ 681-3 Plantings and lawns.

[Amended 9-10-2001 by Ord. No. 2001-10]
A. 
Every owner of real estate in the Village shall be responsible for creating and sustaining a condition of stability of the landscape on every parcel of land which he/she shall own or control, whether this be accomplished by traditional means (feeding, watering, cutting turf, pruning) or by the maintenance or restoration and management of native or natural-appearing plant communities. This section recognizes the fundamental right of every landowner to develop and manage his/her landscape in the manner of his/her choosing, insofar as it does not present a hazard to the public health or safety, or to the natural or cultivated environment, and meets the other standards set out in this section.
B. 
Every real estate owner possessing lawns of the conventional turf grass type shall be responsible for managing the turf grass at a height not to exceed four inches. A native or natural appearing landscape is not and cannot be achieved by the abandonment of a mown lawn. Such a determination will be made by the Village Manager or his/her agent.
C. 
Dead or dying trees or shrubs adjacent to structures or conventional turf grass lawns shall be removed. Any tree which in the opinion of the Village Manager or his/her agent is likely to fall upon any public sidewalk, public street or public ground shall be declared a public nuisance and shall not be permitted to remain standing in the Village.

§ 681-4 Storage of property.

The owner, occupant or agent of all premises shall not store outside property not in good operating condition and property not usable on the premises.

§ 681-5 Litter.

The owner, occupant or agent of all premises shall at all times keep the premises clean of litter and shall take such necessary measures to prevent litter from being carried by the elements to adjoining premises. Litter may include, but is not limited to, any garbage, trash, refuse, debris, grass clippings, lawn and garden waste, newspapers, wrapping papers, magazines, glass, containers, and construction materials except where permitted by Village rules and regulations.

§ 681-6 Nonresidential premises.

In addition to the above, the occupant or agent of all nonresidential premises shall:
A. 
Use only refuse, litter, garbage and trash receptacles outside that are leakproof, secure against rodents and have permanent covers.
B. 
Screen all outside refuse, litter, garbage and trash receptacles.
C. 
Maintain all parking areas, driveways and approaches in a neat and attractive appearance and structurally sound, including but not limited to the elimination of holes, excavations, wet spots, breaks, broken surfaces and bumps.

§ 681-7 Vacant or undeveloped land.

A. 
Definition. Any private lot, in any zoning district within the Village, which has never been developed, or as to which all improvements have been razed such that the lot has been restored to an undeveloped status, or where there is no occupied or actively used structure, shall be deemed a vacant or undeveloped lot and subject to the terms of this section.
B. 
Requirements. Every owner or other person having authority over or control of any vacant or undeveloped land as defined in this section shall maintain such land in accord with the following provisions:
(1) 
All areas of any such land shall be kept in a clean and sanitary condition, free from any accumulation of combustible or noncombustible material, debris and refuse or similar material which could or may cause fire, safety or health hazards, or a serious blighting influence upon surrounding properties. The provisions of this subsection shall not apply to materials stored in conjunction with any development of the property, while such property is being developed in accordance with a building permit duly issued during the period of construction or development.
(2) 
Sidewalks, walks, drives, and other concrete, asphalt, bricked, graveled, stoned, or similarly treated area shall be kept in sound condition and good repair. Conditions resulting in dust, dirt, loose stones or other aggregate being deposited upon an adjacent public or private property shall be corrected.
(3) 
All areas in a natural state shall be kept free of diseased or fallen trees, branches, brush, debris, and any noxious weeds regulated under any other provision of the Village Code.
(4) 
Whenever erosion of the soil on vacant or undeveloped land repeatedly causes the same to spill over onto the sidewalk, street, alley, or adjoining property, the condition shall be corrected by the construction of a suitable retaining wall, grading, sodding, or planting of grass or other suitable ground cover.
(5) 
Whenever any depressed area of such vacant or undeveloped land shall allow the accumulation of standing or stagnant water, which water does not or cannot percolate into the soils within 24 hours of the last rain event, the condition shall be corrected by the construction of a suitable drainage facility or pump in accordance with all applicable provisions of the Village of Fox Point Code, or by suitable grading in accordance with any applicable provisions of this Code.
(6) 
No vehicles, whether registered or unregistered, or whether in sound mechanical condition or disrepair, and no materials not employed in the course of construction under a duly issued building permit shall be parked upon or stored upon the premises unless such a vehicle is attended by an individual lawfully upon and present at the vacant or undeveloped land.

§ 681-8 Enforcement, notice and hearings.

A. 
Service of notices. Whenever the Building Inspector determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, he shall give notice of such violation to the person or persons responsible therefor. Such notice shall:
(1) 
Be in writing;
(2) 
Include a description of the real estate sufficient for identification;
(3) 
Include a statement of the reason or reasons why it is being issued and a statement of remedial actions which, if taken, would effect compliance with the provisions of this chapter;
(4) 
State a reasonable date for the performance of any remedial actions or repairs and state that the landowner's failure to take such remedial actions or repairs within the time period specified in the notice will enable the Village of Fox Point, its officers, agents, or independent contractors to enter onto the land with no additional notice required to do so, at the landowner's expense, in order to take such remedial actions or make such repairs necessary so the property complies with this chapter.
(5) 
Be served upon the owner, occupant or the agent, as the case may require, provided that such notice shall be deemed to be properly served upon such owner, occupant or agent if a copy is delivered to him personally or by leaving a copy at his place of abode with a person at least 18 years of age residing there or by mailing by certified mail a copy to the last address, and the date of mailing shall be deemed date of service.
B. 
Repairs or remedial action.
(1) 
Whenever the owner, occupant or agent fails, neglects or refuses to take remedial actions or take other corrective action called for by the notice of noncompliance under Subsection A of this section, the Building Inspector may undertake such repairs or remedial action after the date specified in the notice has passed, provided that in every case the Building Inspector shall allow the property owner at least the following time period to repair or remedy the matter following service of the notice:
(a) 
For violations of § 681-3B: two days.
(b) 
For all other violations of this chapter: 10 days.
(2) 
The date indicated in the notice shall automatically be extended, as necessary, to allow the above-mentioned minimum time following service of the notice.
(3) 
The Building Inspector shall not undertake repairs if the cost of such work will exceed 50% of the assessed value of the building or structure involved.
(4) 
Every owner, occupant, or agent who has received notice of noncompliance and has not made repairs or taken appropriate remedial action within the time limits under Subsection B(1) shall give entry and free access to the Village, its agents, or independent contractors for the purpose of making such repairs or remedial action.
(5) 
Costs of repairs made or other remedial action taken at the direction of the Building Inspector shall constitute a special charge for current services pursuant to § 66.0627, Wis. Stats., with a penalty of 10% per annum on the unpaid amount starting on the 30th day provided above.
C. 
Petition for hearing.
(1) 
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter may request and shall be granted a hearing before the Board of Appeals, provided that such person shall file a written petition with the Board of Appeals requesting such hearing and setting forth a statement of the grounds thereof within 10 days of service of the notice.
(2) 
Within 10 days of filing such petition, the Board of Appeals shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show cause why such notice should be modified or withdrawn. The hearing before the Board of Appeals shall be commenced not later than 30 days after the date the petition was filed, provided that upon written application, the Board may postpone the date of the hearing for a reasonable time beyond such thirty-day period if, in its judgment, the petitioner has submitted a good and sufficient reason for such postponement. Between the date of filing the petition and the initial date of hearing and any adjournment granted by the Board of Appeals, the Building Inspector shall not undertake any repairs or remedial action under Subsection B.
(3) 
After such hearing, the Board of Appeals shall sustain, modify or withdraw the notice, depending upon its finding as to whether or not the provisions of this chapter have been complied with, and shall reduce its order to writing and a copy shall be mailed by certified mail to the petitioner.
(4) 
The Board of Appeals may modify any notice so as to authorize a variance from the provisions of this chapter when, because of special conditions, a literal enforcement of the provisions of this chapter will result in practical difficulty or unnecessary hardship, provided that the spirit of this chapter will be observed, safety and welfare secured, and substantial justice done. If the Board of Appeals sustains or modifies such notice, it shall be deemed to be an order, and the owner, occupant or agent, as the case may be require, shall comply with all provisions of such order within a reasonable period of time, as determined by said Board of Appeals.

§ 681-9 Violations and penalties.

Any owner, occupant or agent who failed to take remedial action within the date specified in the notice of the Building Inspector or who failed to obey the order of the Board of Appeals shall be subject to a penalty as provided in § 1-4 of the Fox Point Village Code. Such person shall be subject to additional prosecutions and convictions for each day upon the same notice or order, without the necessity of the Building Inspector issuing a new notice or the Board of Appeals issuing a new order, until such notice or order has been complied with. In addition to the above, action may be brought to abate a public nuisance.

§ 681-10 Building Inspector.

As used throughout this chapter, "Building Inspector" means the person employed by the Village of Fox Point in that position or his or her designee.