[Adopted 5-9-2016]
A.
Findings. There exists in the Village of Sherwood certain structures,
dwellings, yards or vacant areas, or combinations thereof, that are,
or may become, unhygienic, dilapidated or unsafe with respect to rubbish,
structural integrity, equipment, and/or maintenance and as such may
constitute a menace to the health, safety and welfare of the public.
Lack of maintenance and progressive deterioration of certain properties
have the further effect of creating blighted area conditions, and
if such conditions are not curtailed, remedied, or removed, the expenditure
of public funds to correct and eliminate the same may be necessary.
Timely regulation and restriction to contain and prevent blight is
necessary, thus retaining the community's general welfare, desirability
and property values.
B.
Purpose. The purpose of this article is to protect public health,
safety and welfare by establishing minimum property maintenance standards.
This article does not replace or modify standards otherwise established
by other portions of this Code of Ordinances for construction, repair,
alteration or use of buildings. This article is meant to be remedial
and shall be liberally construed to effectuate the purposes stated
herein. Violation of the minimum standards set forth herein shall
be deemed a public nuisance.
C.
Scope. These standards apply to all structures located within the
Village of Sherwood.
D.
Minimum standards. It shall be unlawful for any person to occupy,
use, let, or hold out to another for occupancy for use any building,
structure or premises which does not comply with the requirements
of this article.
For purposes of this article, the following definitions shall
be applicable:
A dwelling which is not occupied and which is not intended
by the owner to be occupied within a reasonable period of time. A
dwelling shall be presumed to be abandoned if it is unoccupied for
a period of 12 consecutive months. Occupancy required hereunder shall
be bona fide and not acquired for the sole purpose of defeating the
abandonment of a dwelling.
A structure, the use of which is incidental to that of the
principal building and which is attached thereto or located on the
same premises.
An area in which the structures, residential or otherwise,
by reason of dilapidation, deterioration, age or obsolescence, inadequate
provision for ventilation, light, air, sanitation, or open spaces,
high density of population and overcrowding, or the existence of conditions
endangering life or property by fire other causes, or any combination
of such related factors, are conducive to ill health, transmission
of disease, juvenile delinquency, or crime and are detrimental to
the public health, safety, morals or welfare.
Any structure built for the support, shelter and enclosure
of a business, persons, animals, or movable property of any kind and
permanently affixed to the land, or connected to a utility, including
structures resting on runners, wheels, or similar supports.
The condition or appearance of a building or part thereof
characterized by holes, breaks, rot, crumbling, cracking, peeling,
rusting, or other evidence of physical decay, neglect, lack of maintenance,
or excessive use.
Describing a building, structure or part thereof in a state
of shabbiness resulting from neglect. The term implies a hazard to
life or property.
Any enclosed space which is wholly or partly used or intended
to be used for housing or sleeping by human occupants.
Any public nuisance known at common law or in equity jurisprudence
or as provided by the statutes of the State of Wisconsin or the Village
of Sherwood ordinance. Further, a public nuisance is a thing, act,
occupation, condition or use of property which shall continue for
such length of time as to:
Any person living, sleeping or having actual possession of
a building.
Any person who alone, jointly, or severally with others:
Shall have legal title to any premises, with or without accompanying
actual possession thereof; or
Shall have charge, care or control of any premises, as owner
or agent of the owner, or an executor, administrator, trustee or guardian
of the estate of the owner. Any such person representing the actual
owner shall be bound to comply with the provisions of this article
and of rules and regulations adopted pursuant thereto to the same
extent as if he were the owner.
Any natural individual, firm, trust, partnership, association
or corporation.
A platted lot or part thereof or unplatted lot or parcel
of land or plot of land, either occupied or unoccupied by a dwelling
or nondwelling structure and including any such building, accessory
structure, or other structure thereon.
All perishable and nonperishable solids (excluding ashes)
consisting of either:
Unwanted material(s) accumulated outside a building a structure,
whose condition and lack of good and proper use makes its appearance
to be considered improperly disposed of waste material or litter.
A.
No owner or occupant shall accumulate, or allow the accumulation
outside of a building or accessory structure, of waste matter, litter,
refuse, rubbish, lumber, metal scraps, machine parts, discarded or
nonfunctioning appliances, accessories, furniture or other material,
including nonregistered vehicles, on such property which present a
blighted appearance on the property or which constitutes a nuisance
or which tends to decrease the value of neighboring properties.
B.
Yards shall be kept substantially clear of debris and provided with
adequate lawn or ground cover of vegetation, hedges or bushes. All
areas not covered by the foregoing shall be treated to prevent dust
or the blowing or scattering of dust particles into the air. All trees,
bushes, or vegetation overhanging a public entrance shall be properly
trimmed to avoid obstruction of the view and the movements of vehicles
and pedestrians.
A.
Minimum standards. No person shall occupy as owner-occupant or shall
let or hold out to another for occupancy any building, structure,
dwelling or family unit for the purpose of conducting business or
living therein or own or be in control of any vacant building, structure,
dwelling or dwelling unit which is not safe, clean, sanitary, nor
fit for business purposes or human occupancy and which does not comply
with the particular requirements of the following subsections.
B.
Foundations, exterior walls and roofs. No person shall be an owner
or occupant of any premises which does not comply with the following
requirements:
(1)
Every exterior wall shall be free of deterioration, holes, breaks,
loose or rotting boards, timbers, and/or any other exterior surface
covering materials. All siding materials shall be securely attached
to the structure.
(2)
Structures that require paint or stain should have paint or stain
applied at regular intervals to exterior building surfaces. When the
building has more than thirty-percent deterioration of its finished
surface on any wall, that wall shall be painted or stained. Such painting
and staining shall be completed within 90 days from the date of the
first application. Paint shall be uniform in color.
(3)
All cornices, moldings, lintels, sills, oriel windows, and similar
projections shall be kept in good repair and free from cracks and
defects which make them hazardous or unsightly.
(4)
Roof surfaces shall be tight and have no defects which admit water.
All roof drainage systems shall be secured and hung properly.
(5)
Chimneys, antennas, air vents, and other similar projections shall
be structurally sound and in good repair. Such projections shall be
secured properly where applicable, to an exterior wall or exterior
roof.
(a)
The foundation shall be substantially watertight and protected
against rodents and shall be kept in good condition and repair. The
foundation elements shall adequately support the building at all points.
(6)
Roof drainage must be adequate to prevent rainwater from causing
dampness in the wall.
C.
Windows, doors and hatchways. Every window shall be fully supplied
with transparent window panes which are substantially without cracks
or holes, shall be substantially tight and kept in good condition
and repair. Windows, other than fixed windows, shall be easily opened
and shall be held in position by window hardware. Every exterior door
shall fit substantially tight within its frame and kept in good condition.
Window and door frames shall be kept in good condition and exclude
rain and substantially exclude wind from entering the building or
structure. Every basement hatchway shall prevent the entrance of rodents,
rain, and surface drainage water into the building or structure.
D.
Stairways and porches. Every exterior stairway and porch and their
supports shall be kept in good and safe condition and repair and shall
be free of deterioration with every rail and balustrade firmly fastened
and maintained.
E.
Accessory structures. All accessory structures shall be maintained
in a state of good repair and vertical alignment. All exterior appurtenances
or accessory structures which serve no useful purpose and are in a
deteriorated or dilapidated condition, which are not economically
repairable, shall be removed. Such structures include, but shall not
be limited to, porches, terraces, entrance platforms, garages, driveways,
carports, walls, fences and miscellaneous accessory structures.
F.
Abandoned dwellings. The owner of any abandoned dwelling shall:
(1)
Cause all service and utilities to be disconnected or discontinued
to said dwelling;
(2)
Lock all exterior doors and windows of said dwelling;
(3)
Maintain such dwelling so that its foundation, floors, windows, walls,
doors, ceilings, roof, porches and stairs shall be reasonably weathertight,
waterproof, rodenproof, structurally sound, and in good repair such
that they comply with Subsection (B); and
(4)
Maintain the yard and accessory structures such that they comply
with this section.
G.
Nuisances. The interior and exterior of vacant and abandoned dwellings
shall be maintained in a nuisance-free condition.
H.
Infestation. Every building, structure and all exterior appurtenances
on the premises shall be adequately protected against rats, 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.
I.
Refuse, garbage and rubbish storage requirements. Every building
or structure shall have adequate refuse, garbage or rubbish storage
facilities. Garbage containers shall all have tight covers and shall
be kept in place at all times. No occupant shall accumulate rubbish,
boxes, lumber, metal or other materials which may provide harborage
for rodents or vermin.
A.
The Zoning Administrator, Building Inspector, or any other appointed
agent of the Village shall have the authority to enforce the provisions
of this article and either may make inspections in response to a written
and signed complaint that an alleged violation exists or when there
is good reason to believe that a violation is being committed.
B.
Upon determination by the Zoning Administrator, Building Inspector,
or any other appointed agent of the Village of a violation of this
article, the Village shall notify the owner and, if different from
the owner, the occupant of the premises of such violation. Complaints
alleging a violation of this article shall be commenced by service
of written notice of noncompliance upon either the property owner
or occupant as appropriate.
C.
The notice shall specify the nature of the violation, required correction,
and a reasonable time, not to exceed 30 days, to correct the violation.
The notice shall be served upon the person or persons named personally
or by certified mail addressed, postage paid, to the last known address
of such person or persons.
D.
Upon expiration of the time given for correction of a violation,
the Zoning Administrator, Building Inspector, or other appointed agent
of the Village may proceed under Ch. 823, Wis. Stats. (Nuisances),
or alternately via municipal citation(s) in coordination with the
Sherwood Village Board and/or Calumet County Sheriff's Department
as set forth in the penalty section of the Village Code of Ordinances.
Nothing in this article shall be construed as prohibiting the
abatement of public nuisance by the Village of Sherwood or its officials
in accordance with the laws of the State of Wisconsin or Village ordinances.
In their interpretation and application, the provisions of this Code
shall be considered minimum requirements. Where the provisions of
this Code impose greater restrictions than any statute, other regulation,
ordinance, or covenant impose greater restrictions than the provisions
of this title, the provisions of such statute, other regulation, ordinance,
or covenant shall prevail.[1]
[1]
Editor's Note: So in original.
In addition to any other penalty imposed by this article 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, and if notice to abate the
nuisance has been given to the owner, such cost shall be assessed
against the real estate as a special charge.
Any person who shall violate the provisions of this article shall be punishable as prescribed in Chapter 40, Fees and Penalties, of this Code.
