[HISTORY: Adopted by the Village Board of
the Village of Webster 3-13-1986 as Secs. 9-3-3, 9-3-4 and 9-3-6 of the 1986 Code. Amendments
noted where applicable.]
No person shall have or permit on any premises
owned or occupied by him any open cisterns, cesspools, wells, unused
basements, excavations or other dangerous openings. All such places
shall be filled, securely covered or fenced in such manner as to prevent
injury to any person and any cover shall be of a design, size and
weight that the same cannot be removed by small children.
No person shall leave or permit to remain outside
of any dwelling, building or other structure or within any unoccupied
or abandoned building, dwelling or other structure under his control
in a place accessible to children any abandoned, unattended or discarded
icebox, refrigerator or other container which has an airtight door
or lid, snap lock or other locking device which may not be released
from the inside without first removing said door or lid, snap lock
or other locking device from said icebox, refrigerator or container,
unless such container is displayed for sale on the premises of the
owner or his agent and is securely locked or fastened.
No person shall store junked or discarded property,
including automobiles, automobile parts, trucks, tractors, refrigerators,
furnaces, washing machines, stoves, machinery or machinery parts,
wood, bricks or cement blocks, or other unsightly debris which substantially
depreciates property values in the neighborhood except in an enclosure
which houses such property from public view or upon permit issued
by the Village Board. The Chief of Police may require by written order
any premises violating this section to be put in compliance within
the time specified in such order and, if the order is not complied
with, may have the premises put in compliance and the cost thereof
assessed as a special tax against the property.
[Added 6-8-2011]
A.
The initial building construction or development in a community is
usually accomplished after a great deal of planning, designing and
implementation. The time and attention to detail given to the initial
construction is often the last concentrated effort regarding the total
visual effect of the building and building lot or site. Attractive
and well-maintained property enhances the neighborhood and village
and provides a suitable environment for increasing property values.
While most property owners establish a periodic maintenance program
to keep their property in pleasing and physically safe and sanitary
condition, many properties are unkept and are let to visual or physical
decay. Due primarily to this circumstance, it has been determined
that there is a need to set forth guidelines as well as regulations
to ensure the continuing maintenance of property within the Village
of Webster.
B.
It is the intent and purpose of this chapter to encourage, establish
minimum standards for and provide for the enforcement of a minimum
level of care and maintenance to buildings and properties throughout
the Village. It is not the intent of this chapter to discourage or
inhibit owners of older residences from the upgrading of such residences
over an extended period.
C.
Penalties: determined by Village Board. Any property owner violating
any provision of this chapter shall, upon conviction, be punished
by forfeiture of not less than $50 nor more than $250, and the cost
of prosecution. Each day of violation is a separate offense. If any
person fails to comply with this chapter for more than 30 days after
receiving written notice of the violation, the municipality may impose
a penalty and cause the property maintenance to be performed and the
expense to be assessed as a special tax against the property.
This chapter shall apply uniformly to the maintenance and use
of all premises within the Village of Webster and the owners, occupants
and operators thereof.
As used in this chapter, the following terms shall have the
meanings indicated:
A condition having an adverse effect on the surrounding properties.
Includes heating and air-conditioning equipment, chimneys
and vents, signs, antennas, gutters and downspouts, fences, steps,
shutters, lights, garages, sheds, birdhouses, doghouses and small
storage structures.
A.
The Webster Police Department is authorized to prepare and distribute
procedural rules as it deems necessary to administer the purpose of
this chapter.
B.
If any two households within the immediate affected area or neighbors
have reason to believe that they have a complaint or that a violation
of this chapter exists, they should put the complaint in writing and
refer it to their elected representative (the Village President and/or
a Trustee) or the Webster Police Department. Upon receipt of a written
complaint, the Webster Police Department shall investigate the complaint
to ascertain its seriousness and validity.
(1)
Valid complaints. When it has been determined that a complaint is
valid, the Webster Police Department shall cause notice to be served
upon the owner or occupant of the offending property stating the nature
of the complaint and the corrective action required. The notice shall
also contain a time limit by which the complaint must be resolved.
The time limit shall not exceed 30 days. Copies of all correspondence
regarding complaints shall be provided to the Village President and
appropriate Trustees.
(2)
Complaint not valid. If in the opinion of the Webster Police Department
the complaint is not valid, it shall respond to the persons who registered
the complaint, with copies to the Village President and Trustees,
with the reasons why it is felt that the complaint is not valid. Should
the complainees still feel that violations of this chapter exist,
they have the right to appear before the Village Board to state their
case.
(3)
If violation has not been corrected within the time limits allowed
by the Webster Police Department (not to be less than five days from
issuance of the notice), the Webster Police Department shall issue
a citation on the property owner regarding such violation. If such
charges are not paid by November 15 of the year in which they are
billed, such charges plus interest shall be extended on the next succeeding
tax roll as a special assessment charged against the property tax
affected, collected in the same manner as other taxes, pursuant to § 66.98,
Wis. Stats.
(4)
Within 10 working days following the date of issuance of any notice
by the Webster Police Department, the recipient of the notice may
apply to the Village Board for a hearing for consideration of the
alleged violation(s) enumerated in the notice. The applicant for such
appeal shall be advised of the time and place of the hearing at least
seven working days prior to the hearing and shall be given an opportunity
to be heard and show cause why such notice should be modified or withdrawn
or a variance granted.
A.
Owner and occupant responsibilities. Every owner and occupant of
property within the corporate limits of the Village of Webster has
a responsibility to maintain such property in a visually clean, sanitary,
safe and groomed condition. More specifically, it is every property
owner's and occupant's responsibility to:
(1)
Keep any building(s) and building-related equipment located on the
property in good, safe repair and maintained in a good condition and
related to exterior appearance.
(2)
Keep and maintain all nonsurfaced yard areas as grass or other ground
cover in keeping with the other properties in the neighborhood and,
in addition, install and maintain trees, shrubs and other landscape
materials in a manner to be an attractive setting for the building(s)
and the neighborhood and keep landscaping in a neat and groomed manner.
(3)
Keep all yards free of the long-term storage of vehicles, equipment
and materials which are not specifically accessory to and compatible
with the principal use of the property, except where approved by the
Plan Commission.
(4)
Keep and maintain all fences and walls, whether designed to be functional
or only decorative, in a safe and good condition and appearance.
(5)
Keep all signs and lighting on the site in good repair in order to
be both safe and visually pleasing.
B.
Minimum property maintenance standards. Following are the minimum
standards to be met by a property owner or occupant regarding property
maintenance in the Village of Webster. Violation of these standards
may result in the issuance of a citation by the Webster Police Department.
(1)
All buildings located on property within the Village of Webster shall
be maintained in a condition to be both safe to occupants and passersby.
(2)
All nonpaved yard areas, as set forth in Chapter 298, Zoning, shall be graded to alleviate standing water and shall be maintained in grass, other vegetative ground cover or trees and shrubs compatible with similar uses within the neighborhood. Such ground cover, trees and shrubs shall be kept maintained, except where a land management plan has been filed and approved by the Plan Commission. Plantings shall be maintained so as not to present hazards to adjoining properties or to persons or to vehicles traveling on public ways.
(3)
All yard and landscaped areas shall be kept free of trash, debris,
rubbish, garbage, physical hazards, rodent harborage and infestation,
animal feces, noxious weeds, old building materials, junk, unlicensed
or inoperative vehicles and other such material and equipment which
by its appearance, location or use make it incompatible with the principal
use or other predominate principal uses in the immediate neighborhood.
(4)
All outside storage shall be screened from view of the general public
by use of such measures as earth berming, vegetative planting, decorative
fencing or building positioning.
(5)
All fences, walls, lighting, signs, storage structures, walks, driveways,
parking areas and similar paved areas and other visual physical improvements,
construction or appurtenances shall be maintained in a safe, sanitary
working order and in good appearance.
(6)
Every foundation, exterior wall and floor and roof shall be reasonably
weathertight, watertight and rodentproof and shall be kept in proper
repair and shall be kept in proper repair and shall be capable of
affording privacy. Any sagging or bulging shall be properly repaired
to a level or plum position. All chimneys and breaching shall be so
constructed and maintained as to ensure that it safely and properly
removes the products of combustion from the building.
(7)
Every window, exterior door, interior door and basement hatchway
shall be reasonably weathertight and rodentproof and kept in proper
repair.
(8)
Every inside and outside stair, every porch and ever appurtenance
thereto shall be constructed as to be safe to use and capable of supporting
the load that normal use may cause to be placed thereon and shall
be kept in proper condition and repair and up to all applicable codes.
(9)
Exterior surfaces of buildings and structures not inherently resistant
to deterioration shall be treated with a protective coating of paint
or other suitable preservative which will provide adequate resistance
to weathering and maintain an attractive appearance. Any exterior
surface treated with paint or other preservative shall be maintained
so as to prevent chipping, cracking or other deterioration of the
exterior surface or the surface treatment and to present an attractive
appearance. All paint or other preservative shall be applied in a
workmanlike fashion.
(10)
No person shall dispose of rocks, trees, stumps, waste building
material or other debris from land development, building construction,
street grading or installation of underground utilities upon the surface
of any land in the Village of Webster except at approved disposal
sites.
