[HISTORY: Adopted by the Village Board of the Village of
East Troy as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-3-2000 by Ord. No. 2000-2 as Title 15, Ch. 4,
of the 2000 Code]
A.
Policy. There exist in the Village of East Troy structures, residential
yards or vacant areas or combinations thereof which are, or may become,
unhygienic, dilapidated or unsafe with respect to structural integrity,
equipment or maintenance and as such 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
and removed, the expenditure of large amounts of public funds to correct
and eliminate the same will be necessary. Timely regulation and restriction
to contain and prevent blight is necessary, thereby maintaining the
desirability and amenities, as well as property values, of the neighborhoods
in the Village.
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 this article shall be liberally construed to effectuate the purposes
stated herein. Violation of the minimum standards set forth in this
article shall be deemed to be a public nuisance.
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
main building and which is attached thereto or located on the same
premises.
Any area (including a slum area) in which a majority of the
structures are residential (or in which there is a predominance of
buildings or improvements, whether residential or nonresidential)
and which, 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 which endanger life or property by fire and other causes,
or any combination of such factors, is conducive to all ill health,
transmission of disease, infant mortality, juvenile delinquency and
crime and is detrimental to the public health, safety, morals or welfare.
Any structure built for the support, shelter and enclosure
of persons, animals, chattels or movable property of any kind and
which is permanently affixed to the land or connected to a utility,
and includes those 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.
Describes a building, structure or part thereof which is
in a state of ruin or shabbiness resulting from neglect. The term
applies to a hazard to life or property.
Any enclosed space which is wholly or partly used or intended
to be used for living 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 East Troy Code of Ordinances. 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 or sleeping in or having actual possession
of a building.
Any person who, alone or 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 thus 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/she 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 includes any such building, accessory
structure or other structure thereon.
All putrescible and nonputrescible solids (except body wastes),
including garbage, rubbish, ashes and dead animals.
Nonputrescible solid wastes (excluding ashes) consisting
of either:
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
on such property which presents a blighted appearance on the property
or which constitutes a nuisance or which tends to decrease the value
of neighboring properties.
[Amended 5-18-2020 by Ord. No. 2020-09]
A.
Minimum
standards. No person shall occupy as owner-occupant or shall let or
hold out to another for occupancy any dwelling or family unit for
the purpose of living therein or own or be in control of any vacant
dwelling or dwelling unit which is not safe, clean, sanitary and fit
for 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 and roof shall be covered with an acceptable building material, as set forth in § 510-90G of the zoning regulations, that is properly mounted and in a good condition to provide a watertight surface and finished appearance. For the purpose of this subsection, "good condition" means free of deterioration, holes, breaks, gaps, and missing or loose materials.
(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 30% 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 first application.
(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.
(6)
If any exterior wall or roof material is removed from an existing building, such area must be covered with an acceptable building material, as set forth in § 510-90G of the zoning regulations, within 90 days of when any material was removed. Upon petition, the Code Enforcement Officer or the Building Inspector may, with cause, grant up to two extensions, not exceeding 30 days each extension.
C.
Grading
and drainage of lots. Every yard, court, vent, passageway, driveway
and other portion of the lot on which the building stands shall be
graded and drained so as to prevent the accumulation of water on any
surface or on adjacent property. Driveways shall be maintained in
good repair.
D.
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 are not
limited to, porches, terraces, entrance platforms, garages, driveways,
carports, walls, fences and miscellaneous sheds.
E.
Abandoned
dwellings. The owner of any abandoned dwelling shall:
(1)
Cause
all services and utilities to be disconnected from or discontinued
to said dwelling;
(2)
Lock
all exterior doors and windows of said dwelling;
F.
Nuisances.
The interior and exterior of vacant and abandoned dwellings shall
be maintained in a nuisance-free condition.
A.
Upon determination by the Village Building Inspector of a violation
of this article, the Village Building Inspector shall notify the owner
and, if different from the owner, the occupant of the premises of
such violation.[1]
B.
The notice shall specify the nature of the violation, the 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.
C.
The person so notified shall have the right to appeal the decision
of the Building Inspector to the Village Board within 30 days of the
date of notice.
D.
If, upon expiration of time given for correction of a violation and
time for any appeal thereof, such correction is not made, the Building
Inspector shall file an action in the name of the Village in the Circuit
Court for Walworth County, Wisconsin, in accordance with the provisions
of Ch. 823, Wis. Stats., as amended from time to time.
Nothing in this article shall be construed as prohibiting the
abatement of public nuisances by the Village of East Troy or its officials
in accordance with the laws of the State of Wisconsin or Village ordinances.
In addition to any other penalty imposed by this article for
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.
[Adopted 4-3-2000 by Ord. No. 2000-2 as Title 15, Ch. 5,
of the 2000 Code]
This article shall be known as the "Village of East Troy Commercial
Property Exterior Maintenance Code."
A.
This article is adopted for the purpose of preserving and promoting
the public health, safety, comfort, convenience, prosperity and general
welfare of the people of the Village and environs. This includes,
among others, physical, aesthetic and monetary values.
B.
It is recognized that there may now be or may in the future be commercial
buildings, structures, yards or vacant areas and combinations thereof
which are so dilapidated, unsafe, dangerous, unhygienic or inadequately
maintained as to constitute a menace to the health, safety and general
welfare of the people. The establishment and enforcement of minimum
commercial property maintenance standards is necessary to preserve
and promote the private and public interest.
A.
Purpose. The purpose of this section is to recognize the private
and public benefits resulting from the safe, sanitary and attractive
maintenance of commercial buildings, structures, yards or vacant areas.
Attractive and well-maintained property will enhance the neighborhood
and Village and provide a suitable environment for increasing physical
and monetary values.
B.
Minimum requirements. Every owner or operator shall improve and maintain
all property under his or her control to comply with the following
minimum requirements:
(1)
Drainage. All courts, yards or other areas on the premises shall
be properly graded to divert water away from any building or structure.
(2)
Weeds. All exterior property areas shall be kept free from noxious
weeds as required by this Code of Ordinances. Where weed cutting is
required, the Weed Commissioner shall perform said weed cutting and
process the charge therefor as a special charge against the benefitted
property.[1]
(3)
Debris. All exterior property areas shall be properly maintained
in a clean and sanitary condition, free from debris, rubbish or garbage,
physical hazards, rodent harborage and infestation and animal feces.
All animal feces shall be removed within 24 hours.
(4)
Fences, walks and parking areas. Fences, other minor construction,
walks, driveways, parking areas and similar paved areas shall be properly
maintained in a safe, sanitary and substantial condition. Approved
walks shall provide all-weather access to buildings or structures.
(5)
Exterior surfaces. 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.
(6)
Yard areas. Yard areas of real estate shall not be permitted to deteriorate
or remain in a condition that is not in accord with the following:
yard areas shall be kept in a clean and sanitary condition, free from
any accumulation of combustible or noncombustible materials (which
are not used as an integral part of the authorized business carried
out on the premises), debris or refuse. Unless in a properly zoned
district and screened by a visual barrier at least five feet high,
yards shall not be used to store appliances, furnaces, hot-water heaters,
water softeners or building material not used within five days, or
any unsightly bulk items, unless these items are raw materials used
in the business carried out on the premises.
(7)
General requirements. Every foundation, exterior wall and roof shall
be reasonably weathertight, watertight and rodentproof and shall be
kept in proper repair and shall be capable of affording privacy. Any
hazardous sagging or bulging shall be properly repaired to a level
or plumb position. All chimneys and breeching shall be so constructed
and maintained so as to ensure that they safely and properly remove
the products of combustion from the building.
(8)
Windows and doors. Every window, exterior door and basement hatchway
shall be reasonably weathertight, watertight and rodentproof and kept
in proper repair. All door and window hardware shall be installed
and maintained in proper working condition.
(9)
Outside stairs and porches. Every outside stair, every porch and
every appurtenance thereto shall be so 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 shall present an attractive appearance. All exterior stairs and
steps and every appurtenance thereto shall comply with the requirements
specified in the Wisconsin Administrative Code.
(10)
Removal of debris.
(a)
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, except at approved disposal sites.
(b)
No landowner shall allow an accumulation 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 his/her land for a period of more than 10 days.
(c)
All land filling operations shall be leveled off to permit the
mowing of the weeds between June 1 and November 1. This includes the
removal of stones, bottles, wire and other debris that will interfere
with mowing operations.
Every owner, operator or occupant of a commercial property,
or part thereof, shall maintain that portion of the exterior of the
property controlled by him/her.
Whenever the Building Inspector determines that there are reasonable grounds to believe that there has been a violation of any provision of this article or of any rule or regulation adopted pursuant thereto, he/she shall give notice of such alleged violation to the person or persons responsible therefor and commence an enforcement action pursuant to Article I of this chapter.
