[HISTORY: Adopted by the Common Council of the City of Markesan
by Ord. No. 148 (Ch. 15 of the 1991 Municipal Code). Amendments noted
where applicable.]
Every building, structure and premises shall conform to the
requirements of this chapter, irrespective of the class to which such
building, structure and premises may otherwise belong, and irrespective
of when such building may have been constructed, altered or repaired.
This chapter shall be known as the "Property Maintenance Chapter"
and establishes minimum standards for maintenance of buildings, structures
and premises and does not replace or modify standards otherwise established
for the construction, replacement or repair of buildings and structures,
except such as are in conflict with the provisions of this chapter.
Any consistency or conflict between the provisions of this chapter
and any other existing chapter shall not repeal such provisions or
chapter, but the provisions of this chapter shall be cumulative thereto.
A.
ACCESSORY STRUCTURE
BASEMENT
BUILDING
DETERIORATION
DWELLING
EXTERMINATION
FENCE
GARBAGE
INFESTATION
NUISANCE
(1)
(2)
OCCUPANT
OPERATOR
OWNER
PERSON
REFUSE
REPAIR
REPLACE
RUBBISH
STRUCTURE
SUBSTANDARD
WEATHERING
YARD
The terms used herein shall be defined as follows:
A structure, the use of which is incidental to that of the
main building and which is attached thereto or located on the same
premises.
That portion of a building, the floor line of which is below
the surface of the ground immediately adjoining it and its ceiling
not more than four feet above lot grade.
A combination of materials to form a construction adapted
to permanent or temporary use for residence, business or storage.
The condition or appearance of a building or structure or
part thereof, characterized by breaks, holes, rot, crumbling, cracking,
peeling, rusting, inadequate paint or other evidence of decay or neglect.
Any structure designed for use by human occupants for sleeping
and living purposes, whether occupied or vacant.
The control and elimination of insects, rodents or other
pests by eliminating their harborage places; by removing or making
inaccessible materials that may serve as their food; by poisoning,
spraying, fumigating, trapping; or by any other recognized and legal
pest elimination methods approved by the Health Commissioner or County
Health Department.
An independent structure forming a barrier at grade or between
lots, between a lot and a street or any alley, or between portions
of a lot or lots and includes a wall or latticework screen, but excludes
a hedge or natural growth, or a barrier of less than 18 inches in
height which is used to protect plant growth.
All waste, animal, fish, fowl or vegetable matter incident
to and resulting from the use, preparation and storage of food for
human consumption.
The presence of insects, rodents, vermin or other pests on
the premises which constitute a health hazard.
Any public nuisance known at common law or in equity jurisprudence,
or as provided by the statutes of the state, or this Code.
Any attractive nuisance which may prove detrimental to the health
or safety of children in a building, on the premises of a building,
or upon an unoccupied lot. This includes, but is not limited to, basements,
excavations, open wells and other dangerous openings, abandoned iceboxes,
refrigerators, motor vehicles, any structurally unsound fences or
structures, lumber, trash, fences, debris or vegetation such as poison
ivy, oak, sumac, which may prove a hazard for inquisitive minors.
[Amended 4-14-2015 by Ord. No. 233]
Any person occupying or having use of a building, structure,
premises or any part thereof.
Any person who has charge, care or control of a building,
structure or premises or a part thereof.
Any person who, alone, jointly or severally with others,
shall hold title to a building, structure or premises, or who shall
be in actual possession of, or have charge, care or control of a building,
structure or premises as an employee or agent of the title holder,
or who shall be trustee or guardian of the estate or person of the
title holder.
Includes a corporation, firm, partnership, association, organization
and any other group acting as a unit as well as individuals, including
a personal representative, receiver of other representative appointed
according to law. Whenever the word "person" is used in any section
of this chapter prescribing a penalty or forfeiture, as is used in
any section of this chapter prescribing a penalty or fine, as to partnerships
or associations, the word shall include the partners or members thereof
and, as to corporations, shall include the officers, agents or members
thereof who are responsible for any violation of such section.
All solid waste, except body waste, including, but not limited
to, garbage; rubbish; ashes; street cleanings; abandoned, nonlicensed
or inoperable motor vehicles; and solid market and industrial wastes.
To restore to a state of operation, serviceability or appearance
in conformity with this chapter.
To remove an existing item or portion of a building or structure
and to construct or install a new item of similar or improved quality
as the existing item when it was new. Replacement will ordinarily
take place when the item is incapable of repair.
The miscellaneous waste material, combustible and noncombustible,
resulting from housekeeping and ordinary mercantile enterprises and
includes, but is not limited to, boxes, cartons, excelsior, paper,
ashes, cinders, tin cans, bottles and broken glass, rubber, grass
clippings, brush, leaves and garden plants.
Anything constructed or erected which requires location on
the ground, including a building, fence, freestanding wall, sign or
other advertising medium, whether detached or projecting.
All buildings which do not conform to the minimum standards
established by this chapter and by any other provisions of this Code
or by the Wisconsin Statutes or the Wisconsin Administrative Code.
Deterioration, decay or damage by exposure to the elements.
An open space at grade on the same lot as a building or structure
located between such building or structure and the adjoining lot line
and/or street line.
B.
Meaning of certain words. Whenever the words "building," "structure,"
or "premises" are used in this chapter, they shall be construed as
though they were followed by the words "or any part thereof."
A.
Owners and operators shall have all the duties and responsibilities
as prescribed in this chapter and the regulations promulgated pursuant
thereto, and no owner or operator shall be relieved from any such
duty and responsibility nor be entitled to defend against any charge
of violation thereof by reason of the fact that the occupant is also
responsible therefor in violation thereof.
B.
Occupants shall have all the duties and responsibilities as prescribed
in this chapter. No person shall attempt to contract away his responsibilities
under this chapter.
A.
The exterior of premises and all structures thereon shall be kept
free of all nuisances, unsanitary conditions and any hazards to the
safety of occupants, pedestrians and to the person utilizing the premises.
Any of the foregoing shall be promptly removed and abated by the owner
or operator.
B.
The exterior of the premises and surrounding yard shall be kept free
of hazards which include, but are not limited to, brush, weeds, broken
glass, stumps, roots, obnoxious growth, filth, garbage, trash, refuse
and debris.
C.
Exterior porches, landings, balconies, stairs and fire escapes shall
be provided with banisters or railings properly designed and maintained
to minimize the hazard of fallings, and the same shall be kept structurally
sound, in good repair and free of defects.
D.
The exterior appearance of all buildings shall reflect a level of
maintenance in keeping with the standards of the neighborhood. It
shall not constitute a blighting factor for adjoining property owners
or an element leading to the progressive deterioration and downgrading
of the neighborhood.
E.
The premises shall be kept landscaped and lawns, hedges and bushes
shall be kept trimmed and kept from becoming overgrown and unsightly
where exposed to the public view. Premises shall include the areas
between the sidewalk and the curb of the street.
F.
In addition to Subsection E above, no grass upon any private premises within the City limits shall be allowed to grow in excess of an average length of six inches before being mowed, cut or trimmed, provided, however, that this provision shall not apply to land with a pitch greater than 30° from horizontal.
[Amended 4-14-2015 by Ord. No. 233]
G.
Yards shall be kept substantially clear of debris and shall be provided
with adequate lawn, ground cover or vegetation. Hedges or bushes shall
be cut or trimmed as often as necessary to maintain a neat and attractive
appearance. All area not covered by any of the foregoing shall be
treated to prevent dust or the blowing or scattering of dust particles
into the air. All trees, bushes or vegetation which overhang a public
entrance shall be properly trimmed to avoid obstruction of the view
and movements of vehicles and pedestrians.
H.
Every yard, court, driveway or other portion of the lot shall be
graded or drained so as to prevent the accumulation of stagnant water
on any such surface. Driveways shall be maintained in good condition
and repair.
I.
Every building, structure and all exterior appurtenances on the premises
shall be adequately protected against rats, mice, termites and other
vermin infestation, and shall not permit the entrance of such rat,
mice, termites and other vermin. Occupants and operators shall be
responsible for the extermination of rodents and vermin from that
part of the premises under their exclusive control, except where more
than one unit is infested at the same time and, in this instance,
the owner shall also be responsible for extermination of the infestation.
J.
Every building shall have adequate refuse, garbage or rubbish storage
facilities. No occupant shall accumulate rubbish, boxes, lumber, metal
refuse or other materials which may provide a harborage for rodents
or vermin.
K.
The exterior of every structure or accessory structure, residential
and nonresidential, including fences, shall be maintained in good
repair and all surfaces thereof shall be kept painted where necessary
for purposes of preservation and appearance. The same shall be maintained
free of broken loose shingles, crumbling stone or brick, excessive
peeling paint or other conditions reflective of deterioration or inadequate
maintenance.
L.
Every dwelling and accessory structure, exterior walls, siding and
roofs shall be kept structurally sound and in a state of good repair
to avoid safety, health or fire hazards and shall be so maintained
as to be weather- and watertight. (The above applies to residential
and nonresidential properties.)
M.
This chapter applies whether or not the premises are temporarily
or continuously occupied or unoccupied, inhabited or uninhabited,
commercial or noncommercial, and whether or not there is a structure,
building or other improvement upon the premises.
[Amended 4-14-2015 by Ord. No. 233]
The Building Inspector or his designated representative is authorized
and, upon receipt of complaint, shall make exterior inspections to
determine whether the buildings, structures and premises located within
this City conform to the requirements of this chapter. For the purpose
of making exterior inspections, the Inspector is authorized to enter,
examine and survey, at all reasonable times, the exterior portions
of all buildings, structures or premises. Every owner or occupant
shall give the Inspector free access to any said premises. The Inspector
or his delegated representative, having probable cause to believe
a violation of this chapter exists, shall have authority to enter
any of such premises after written notice has been given to the owner,
occupant or his agent. If, after such notice is given, access is denied
to the Building Inspector, he may apply to the Lakeside Municipal
Court for a special inspection warrant.
A.
The Building Inspector is hereby made responsible for the enforcement
of this chapter. All inspections, enforcement, orders or matters relating
to violations of this chapter shall be under his direction and supervision.
He may appoint or designate such other public officials or employees
of the City to perform duties as may be necessary to the enforcement.
B.
The Building Inspector shall be supplied with official identification
and, upon request, shall exhibit such identification when entering
any premises subject to this chapter. The Inspector shall conduct
himself as to avoid intentional embarrassment or inconvenience to
occupants.
Whenever the Building Inspector determines that there are reasonable
grounds to believe that there has been a violation of any provision
of this chapter, notice of such alleged violation shall be given to
the person responsible therefor which shall:
A.
Be in writing.
B.
Indicate the nature of the violation.
C.
Indicate the time for the correction of the violation in accordance
with this chapter.
D.
Be served upon the owner or his agent or the occupant or operator,
as the case may require. Such notice shall be deemed to be properly
served upon such owner or his agent or occupant or operator if a copy
thereof is:
E.
State a reasonable amount of time, not to exceed 30 days, to correct
or abate the violation.
F.
Advise the person served of the right to request a hearing before
the Common Council or Committee and that the notice shall become an
order of the Building Inspector five days after service unless such
a hearing is requested.
A.
The Building Inspector shall cause to be placed upon a building,
structure or premises a placard which will state the determinations
of the Inspector as to the building, structure or premises being unfit
for use or occupancy whenever all of the following occur:
(1)
Any building, structure or premises does not substantially comply
with the requirements of this chapter.
(2)
The Building Inspector has given notice of the violations involved as provided for in § 273-8 of this chapter.
(3)
If the owner, occupant or operator has failed to correct the violations
set forth in said notice.
(4)
The Building Inspector has further determined that the building,
structure or premises are so damaged, decayed, dilapidated, unsafe
or vermin-infested that it creates a serious hazard to the health
or safety of the occupants or of the public and is therefore unfit
for use or occupancy.
B.
The form of the placard placed under the provisions of this section
shall be determined by the Building Inspector, but shall also substantially
state the specific violations of this chapter.
C.
No person shall deface or remove the placard from any building, structure
or premises which has been placed by the Building Inspector until
removal of such placard is authorized by the Inspector.
D.
Any building, structure or premises which has been determined by
the Building Inspector as being so damaged, decayed, dilapidated,
unsafe or vermin-infested that it creates a serious hazard to the
health and safety of the occupants or of the public and is therefore
unfit for use or occupancy and which said building, structure or premises
has been placarded by the Inspector shall be vacated within such reasonable
time as is determined and ordered by the Inspector.
E.
No building, structure or premises which has been determined by the
Building Inspector as unfit for use or occupancy and placarded as
provided herein shall again be used or occupied until written approval
is secured from and such placard is removed by the Inspector. The
Inspector shall grant such approval and remove such placard in the
event that the violations have been corrected and the Inspector determines
that the building, structure or premises are now fit for use or occupancy.
A.
The owner, occupant or operator of any building, structure or premises shall have the time as specified in the notice under § 273-8 of this chapter to remedy the violation specified in such notice.
B.
In the event the Building Inspector shall determine, in his discretion,
that the owner, occupant or operator is, within said time, making
a good faith effort to correct the violations, he may extend the time
for compliance.
C.
If the owner, occupant or operator of the building, structure or
premises shall fail or refuse, after notice and order of the Building
Inspector, to remedy the violations specified in such notice, then
the Inspector may cause such work to be done and certify the cost
thereof to the Clerk-Treasurer who shall extend such cost against
the property upon the next tax roll of the City.
It shall be unlawful for the owner of any building, structure
or premises who has received a compliance order or upon whom a notice
of violation has been served to sell, transfer, mortgage, lease or
otherwise dispose of to another until the provisions of the compliance
order or notice of violation have been complied with, or until such
owner shall first furnish to the Building Inspector a signed and notarized
statement from the grantee, transferee, mortgagee or lessee, acknowledging
the receipt of such compliance order or notice of violation and fully
accepting the responsibility without condition for making the corrections
or repairs required by such compliance order or notice of violation.
A.
A violation of any section or subsection of this chapter shall be subject to the penalties provided in § 1-3.
[Amended 4-14-2015 by Ord. No. 233]
B.
Each day a violation exists after the notice of violation has been
received and which becomes an order of the Building Inspector shall
constitute a separate violation of this chapter.
C.
Penalties set forth in this section shall be in addition to all other
remedies of injunction, abatement or costs whether existing under
this chapter or otherwise.
