[Prior code § 14.07.1; amended by Ord. 217, 2002]
A.
Policy. There exists in the Village structures, residential yards
or vacant areas or combinations there of which are, or may become,
unhygienic, dilapidated or unsafe with respect to structural integrity,
equipment or maintenance and 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 chapter is to protect public health,
safety, and welfare by establishing minimum property maintenance standards.
This chapter 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 chapter is meant to be remedial
and this chapter shall be liberally construed to effectuate the purposes
stated herein. Violation of the minimum standards set forth in this
chapter shall be deemed to be a public nuisance. Nothing in this code
shall be deemed to abolish or impair existing remedies of the Village
or its officers or agencies relating to the removal or demolition
of any buildings which are deemed to be dangerous, unsafe or unsanitary.
C.
Scope. These standards apply to all structures located in a residential
zoned area and all structures and sites used for residential purposes
but zoned for other uses.
D.
Minimum Standards. It is unlawful for any person to occupy or use
or let hold out to another for occupancy for use, any building, structure,
or premises which does not comply with the requirements of this chapter.
[Prior code § 14.07.2; amended by Ord. 217, 2002]
A.
Terms. Unless otherwise expressly stated, the following terms shall,
for the purpose of this code, have the meanings indicated in this
section.
B.
Interchangeability. Words used in the present tense include the future;
words in the masculine gender include the feminine and neuter, the
singular number includes the plural and the plural the singular.
C.
Terms Defined in the Building Code. Where terms are not defined in
this section and are defined in the building code, they shall have
the same meanings ascribed to them as in this code.
D.
Terms Not Defined. Where terms are not defined they shall have ascribed
to them their ordinary accepted meanings or such as the context herein
may imply.
E.
Applied Meanings of Words and Terms.
1.
ABANDONED DWELLING — A dwelling shall be presumed to be abandoned
if it 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 here under shall be bonafide and not occupied
for the sole purpose of defeating the abandonment of a dwelling.
2.
ACCESSORY STRUCTURE — 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.
3.
APPROVED — Approved as applied to a material, device, or method
of construction shall mean approved by the Building Inspector under
the provisions of this code, or approved by other authority designated
by law to give approval in the matter in question.
4.
BASEMENT — A portion of the building partly underground, but
having less than half its clear height below the average grade of
the adjoining ground.
5.
BLIGHTED AREA — Any 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 conductive to all health, transmission of disease,
infant mortality, juvenile delinquency and crime and is detrimental
to the public health, safety, morals, or welfare.
6.
BUILDING — 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.
7.
BUILDING CODE — The building code officially adopted by the
legislative body of the Village or such other code as may be officially
designated by the Village for the regulation of construction, alteration,
addition, repair, removal, demolition, use, location, occupancy and
maintenance of buildings and structures.
8.
BUILDING INSPECTOR — The official designated by the Village
to enforce building, plumbing or similar laws and this code, or his
or her duly authorized representative.
9.
DETERIORATION — 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.
10.
DILAPIDATED — Describes a building, structure or part
thereof which is in the state of ruin or shabbiness resulting from
neglect. The term implies a hazard to life or property.
11.
DWELLING — Any enclosed space which is wholly or partly
used or intended to be used for having or sleeping by human occupants.
a.
ONE-FAMILY DWELLING — A building containing one dwelling
unit with not more than one family. See "Family."
b.
TWO-FAMILY DWELLING — A building containing two dwelling
units with not more than one family per dwelling unit. See "Family."
c.
MULTIFAMILY DWELLING HOUSE — A building containing more
than two dwelling units.
d.
DWELLING UNIT — One or more rooms arranged for the use
of one or more individuals living together as a single housekeeping
unit, with cooking, living, sanitary and sleeping facilities.
12.
ENFORCEMENT OFFICER — The Building Inspector or official
designated herein or otherwise charged with responsibilities of administering
this code, or his or her authorized representatives.
13.
EXTERIOR PROPERTY AREAS — The open space on the premises
and on adjoining property under control of owners or operators of
such premises.
14.
EXTERMINATION — 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
poison, spraying, fumigating, trapping, or by any other approved pest
elimination methods.
15.
FAMILY — A group of persons related by blood, marriage
or adoption not to exceed five persons not so related, living together
in one dwelling unit.
16.
GARBAGE — The animal and vegetable waste resulting from
handling, preparation, cooking or consumption of food.
17.
GROSS FLOOR AREA — The total area of all habitable space
in a building or structure.
18.
HABITABLE ROOM — A room or enclosed floor space arranged
for living, eating, and sleeping purposes (not including bathrooms,
water closet compartments, laundries, pantries, foyers, hallways and
other accessory floor spaces).
19.
INFESTATION — The presence, within or contiguous to, a
structure or premises, of insects, rodents, vermin or other pests.
20.
NUISANCE — Any public nuisance known as common-law or
in equity jurisprudence or as provided by the statutes of the state
of Wisconsin or the Municipal Code. Further, a public nuisance is
a thing, act, occupation, condition or use of property which shall
continue for such a length of time as to:
21.
OCCUPANT — Any person over one year of age who has legal
rights to or control over the premises occupied; a tenant or owner.
22.
OWNER — Any person who, along or jointly or severally
with others:
a.
Shall have legal title to any premises, with or without accompanying
actual possession thereof; or
b.
Shall have charge, care or control of any premises, as owner
or agent of owner, or 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
chapter and the rules and regulations adopted pursuant thereto, to
the same extent as if he or she were the owner.
23.
PERSON — Any natural individual, firm, trust, partnership,
association, or corporation.
24.
PLUMBING or PLUMBING FIXTURES — Water heating facilities,
water pipes, gas pipes, garbage and disposal units, waste lavatories,
bathtubs, showers, installed clothes washing machines, or other similar
equipment, catch basins, drains, vents, or other similar supplied
fixtures, together with all connection to water, gas, sewer or vent
lines.
25.
PREMISES — 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.
26.
REFUSE — All putrecisble solids (except body wastes) including
garbage, rubbish, ashes, and dead animals.
27.
RUBBISH — Combustible and noncombustible waste materials
except garbage, and the term shall include the residue from the burning
of wood, coal, coke and other combustible materials, paper, rags,
cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard
trimmings, tin cans, metals, mineral matter, glass, crockery, dust,
and other similar materials.
28.
STRUCTURE — Any erections or constructions, such as buildings,
towers, masts, poles, booms, signs, decorations, machinery and equipment.
29.
SUPPLIED — Installed, furnished, or provided by the owner
or operator.
31.
WORKMANLIKE — When the word "workmanlike state of maintenance
and repair" are used in this code, they shall mean that such maintenance
and repair shall be made in a reasonably skilled manner.
32.
YARD — An open, unoccupied space on the same lot with
a building, extending along the entire length of a street, or rear
or interior lot line.
33.
Whenever the words "multifamily dwelling," "dwelling unit,"
"premises," "building," or "structure" are used in this code, they
shall be construed as though they were followed by the words "or any
part thereof.
[Prior code § 14.07.3; amended by Ord. 217, 2002]
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 present a blighted appearance on the property
or which constitutes a nuisance or which tends to decrease the value
of neighboring properties. Yards shall be kept substantially clear
of debris and shall be provided with adequate lawn or ground cover
or vegetation, hedges or bushes. All areas not covered by any of the
forgoing 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.
[Prior code § 14.07.4; amended by Ord. 217, 2002]
A.
Minimum Standards. No person shall occupy as owner/occupant or shall
let or held out to another for occupancy, any dwelling of 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.
Foundation, Exterior Walls and Roofs. No person shall be an owner
or occupant of any premises which does not comply with following requirements:
1.
Every exterior wall shall be free of deterioration, holes, breaks,
loose or rotting board or timbers.
2.
Structures that require paint or stain should have paint or stain
applied at regular intervals to exterior building services. 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 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 secure 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.
The foundation shall be substantially water tight and protected against
rodents and shall be kept in good condition and repair. The foundation
elements shall adequately support the building at all points.
7.
Roof drainage shall be adequate to prevent rain water from causing
dampness in the walls.
C.
Windows. Doors, and Hatchways. Every window shall be fully supplied
with transparent or translucent window panes which are substantially
without cracks or holes, shall be substantially tight and shall be
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 shall be kept in good condition. Window and door frames shall
be kept in good condition and shall 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.
Screens. From June 1st to September 15th, screens shall be installed
on doors or windows when they are required for ventilation. Screening
shall be at least a 14 mesh and shall be attached to its frame in
such a manner which does not leave openings larger than those in the
screen itself. Frames shall be in good condition and repair and shall
fit tightly into the window or door frame so as not to allow passage
of insects or rodents. A self-closing device shall be provided for
screen doors.
E.
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 such surface or on adjacent property. Driveways shall be maintained
in good repair.
F.
Stairways and Porches. Every exterior stairway and every porch and
its 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.
G.
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 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 sheds.
H.
Abandoned Dwellings. The owner of an abandoned dwelling shall:
1.
Cause all services and utilities to be disconnected from or discontinued
to the dwelling;
2.
Lock all exterior doors and windows of the dwelling;
3.
Maintain such dwelling so that its foundation, floors, windows, walls,
doors, ceilings, roof, porches, and stairs shall be reasonably weather
tight, waterproof, rodent proof, structurally sound, and in good repair,
and maintain the yard and accessory structures such that they comply
with this section.
I.
Nuisances. The interior and exterior of vacant and abandoned dwellings
shall be maintained in a nuisance-free condition.
J.
Infestation. Every building, structure and all exterior appurtenances
on the premises shall be adequately protected against rats, mice,
bats, termites, and other vermin. Occupants and operators shall be
responsible for the extermination of rodents and vermin form 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 be responsible for extermination of the infestation.
K.
Refuse, Garbage, and Rubbish Storage Requirements. Every building
or structure shall have adequate refuse, garbage, or rubbish storage
facilities. Garbage containers shall 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.
