[HISTORY: Adopted by the Common Council of the City of Muskego 8-31-2000 by Ord. No. 1039 (Ch. 35 of the 1964 Code). Amendments noted where applicable.]
[Amended 4-2-2009 by Ord. No. 1292]
It is the intent and purpose of this chapter of the City of Muskego Municipal Code to encourage, establish minimum standards for, and provide for the enforcement of a minimum level of care and maintenance to buildings and properties, unless noted for a different zoning or land use below, zoned and/or used for industrial, commercial, or multifamily residential purposes throughout the City.
[Amended 4-2-2009 by Ord. No. 1292]
This chapter shall apply uniformly to the maintenance and use of all premises within the City of Muskego which are zoned and/or used for industrial, commercial, or multifamily residential purposes and the owners, occupants, and operators thereof. This chapter shall not apply to single-family residential uses of property with the exception of those requirements set forth in § 274-5H.
This chapter shall be known and may be cited as the "Property Maintenance Code of the City of Muskego," hereinafter referred to as "this chapter."
As used in this chapter, the following terms shall have the meanings indicated:
- BUILDING-RELATED EQUIPMENT
- Includes heating and air-conditioning equipment, chimneys and vents, signs, antennas, gutters and downspouts, fences, steps, shutters, lights, garages, sheds, birdhouses, doghouses, and accessory storage structures.
- COMMERCIAL PROPERTY
- A parcel or part of a parcel used in whole or in part for
office, retail, or service or similar use consistent with the B-1,
B-2, B-3, B-4, DR-1, HC-1, BP-1, BP-2, BP-3, BL-1, and BL-2 Zoning
Districts. This definition includes all vacant and/or improved lands
in said business districts.[Amended 8-19-2010 by Ord. No. 1328]
- DUST FREE
- Also means dirt or mud free. The intent is to have no dust, dirt or mud generated by traffic on the driveway or by winds.
- GARDENING, RECREATIONAL VEHICLES AND RELATED EQUIPMENT
- Includes lawnmowers, snowblowers, tractors, wheelbarrows, ladders, scaffolding, lawn rakes, lawn rollers, snowmobiles, all-terrain vehicles, campers, truck-camper units, boats, and recreation trailers.
- INDUSTRIAL PROPERTY
- A parcel or part of a parcel used in whole or in part for
manufacturing, warehousing, or similar uses consistent with the M-1
and M-2 Zoning Districts. This definition includes all vacant and/or
improved lands in said industrial districts.[Amended 8-19-2010 by Ord. No. 1328]
- LAND MANAGEMENT PLAN
- A detailed building, site and operation plan for a lot showing the location and names of the natural and man-made features, including buildings, trees, plantings, grass areas, and walks.
- MULTIFAMILY PROPERTY
- A parcel or part of a parcel used in whole or in part for
residential use by two or more households but shall not include single-family
dwellings with mother-in-law units. This definition includes all vacant
and/or improved lands within the RM-1, RM-2, and RM-3 Multifamily
Districts.[Amended 8-19-2010 by Ord. No. 1328]
- PERMANENT or LONG TERM
- A period of nine or more consecutive or nonconsecutive months in any calendar year.
[Amended 10-21-2004 by Ord. No. 1180; 8-19-2010 by Ord. No. 1328]
The owner of a building shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this Code. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. Occupants of a dwelling unit or rooming unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control.
All buildings subject to this chapter shall be maintained in a condition to be safe to both occupants and passersby as well as to appear to be in good repair in regard to condition of foundation; condition of exterior paint or finish; condition of windows and doors; condition of roof, gutters and downspouts; condition of accessory buildings; and architectural appurtenances such as chimneys and steps.
Roofs and drainage. The roof and flashing of buildings shall be sound, tight and free from defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that causes damage to adjoining properties.
Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony and all appurtenances attached thereto, including handrails and guards, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
Windows, skylights, doors and frames. Every window, skylight, door and frame shall be kept in a reasonably good state of repair and weathertight. All glazing materials shall be maintained so as to prevent the windowpane from coming loose from its frame.
All nonpaved yard areas as set forth in Chapter 400, Zoning, of the City Code, except stormwater management areas required by Chapter 309, Stormwater Management, of the City Code, 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. Trees and shrubs shall be kept maintained and trimmed in compatibility with such other neighborhood uses. Exceptions to this subsection may be made where a land management plan has been filed and approved by the Plan Commission.
Grading and drainage. No premises shall be graded or maintained so that stagnant water will accumulate or stand on the premises or adjacent premises or within any building or structure. No premises shall be graded or maintained so that surface runoff causes damage to any person or property. In addition, yards shall be landscaped so that the visual character of the neighborhood is preserved.
Responsibility for terrace. The owner or operator shall be responsible for maintaining lawn areas between the curbline and the sidewalk on any street.
Disposal of rubbish and garbage.
Every dwelling shall have adequate receptacles or disposal equipment for garbage and for rubbish to hold all garbage and rubbish produced by each dwelling unit. Such receptacles shall comply with requirements and standards set by the Public Works and Safety Committee and shall include leakproof containers with close-fitting covers. Every occupant of a building shall place all rubbish accumulating between times of collection or other satisfactory disposal in proper receptacles. Every occupant of a building who does not otherwise provide for the disposal of garbage in a sanitary and inoffensive manner shall prepare all garbage for collection and place it, pending collection, in a proper receptacle as provided herein. The owner shall be responsible for supplying such facilities or receptacles for all units of a building.
For commercial properties, all solid waste containers stored outside shall be visually screened from view of passersby and adjacent properties by means of building positioning, by being placed within a four-sided containment structure visually and structurally compatible with the principal building, or by being screened from view by dense vegetative growth. Exceptions to this subsection may be made where a land management plan has been filed and approved by the Plan Commission which provides either an alternate means of visual screening or waiver of this requirement in whole.
All driveway, parking, loading and outside storage areas on properties used for commercial, industrial and multifamily purposes shall be surfaced and maintained as set forth in the approved land management plan for the property, Chapter 400, Zoning, of the City Code or applicable design standards. All such driveway, parking, loading and outside storage areas which are resurfaced after the adoption of this chapter shall be maintained in accordance with the approved land management plan, Chapter 400, Zoning, or applicable design standards.
All yard and landscaped areas shall be kept free of trash, old building materials, junk, unlicensed or inoperative vehicles, and other such material and equipment which, by its appearance, location or use, makes it incompatible with the principal use or other predominate principal uses in the immediate neighborhood.
Equipment maintenance. Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or discontinued for any occupied building, except for such temporary interruption as necessary while repairs or alterations are in progress.
All outside storage which is expected to be, generally, permanent or long term shall be screened from view of the general public by use of such measures as earth berming, vegetative planting, decorative fencing or building positioning.
The height of grass and other general ground cover shall be kept trimmed to a height of no more than eight inches. Ground cover may exceed eight inches when the cover is not part of the general landscaping of the principal dwelling (generally, properties exceeding one acre where maintenance of whole property is too arduous) or when the ground cover is approved by the City Forester as an established prairie (an approved prairie must have no undue harm to surrounding properties and must fit within the residential neighborhood in which the use is proposed). These regulations also apply to vacant residentially zoned lots within the City; however, a vacant lot may have ground cover as long as 12 inches and this subsection will only be applied to vacant lots directly adjoining a lot that has building occupancy and already has a groomed lawn area. The enforcement regulations in § 274-7D also apply to this subsection. The owner or operator shall be responsible for maintaining lawn areas between the curbline and the sidewalk on any street.
All fences, walls, lighting, signs, storage structures, mailboxes, postal boxes, newspaper boxes, and other visual physical improvements or appurtenances shall be maintained in a safe, working order and in good appearance, and in conformance with all applicable codes.
Rat harborages. Rat harborages and feeding places shall be eliminated as required under Subsection U.
Accessory structures. All accessory structures shall comply with Subsection B(2) of this section and shall be maintained structurally sound and in good repair.
Motor vehicles in open view. Motor vehicles kept on public or private property shall comply with all applicable restrictions set forth in § 248-6P of the City Code.
Defacement of property. No person shall intentionally damage, mutilate or deface any part of buildings, supplied fixtures, equipment and furnishings or any other property of another.
Retaining walls. All retaining walls shall be structurally sound and shall be constructed and maintained in a reasonably good state of repair and in such a manner as not to cause repeated flow of mud, gravel or debris upon any public sidewalk, street or alley.
Foundation walls. All foundation walls shall be maintained free from open cracks and breaks which threaten the health, welfare and safety of the building's occupants due to shearing, and shall be kept in such condition so as to prevent the entry of rodents and other pests.
Doors. All exterior doors, door assemblies and hardware shall be maintained in a reasonably good state of repair and in working condition. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the Building Code.
Use and operation of plumbing facilities. Every occupant shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for care in the proper use and operation thereof.
Use and operation of heating facilities. Every occupant shall be responsible for care in the proper use and proper operation of heating facilities.
Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in a reasonably good state of repair and in sanitary condition. Peeling, chipping, flaking or abraded paint brought about due to water damage shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions, including but not limited to missing or damaged drywall, that are caused by structural settling shall be corrected.
Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface in the exterior of a building shall be maintained in sound condition and in a reasonably good state of repair.
Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which an insect or rodent infestation is found shall be promptly exterminated by approved processes that will not be injurious to human health.
Extermination of pests; owners' responsibilities. Every owner or operator shall be responsible for extermination of any insects, rodents or other pests whenever infestation occurs in more than one dwelling unit or rental unit in nonresidential structures or in the shared or public parts of a dwelling of two or more units, or a building containing two or more rental units in nonresidential structures.
Extermination of pests; occupants' responsibilities. Every occupant of a dwelling unit or rental unit in nonresidential structures where the building contains more than one such unit shall be responsible for the extermination of any insects, rodents or other pests therein, whenever said occupant's unit is the only one infested, provided that, when infestation is caused by failure of the owner to maintain the unit free from insect or rodent infestation, extermination shall be the responsibility of the owner. The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for extermination on the premises.
[Amended 8-19-2010 by Ord. No. 1328]
The Public Works and Development Director or his designee is authorized to prepare and distribute procedural rules as he deems necessary to administer the purposes of this chapter.
If any two persons aggrieved by the condition of a property subject to this chapter make a written complaint, or if the Mayor or any Alderperson makes a verbal complaint, the Public Works and Development Director or his designee shall review such complaint and visit the property against which such complaint has been made. If after a personal inspection such property is found to be in violation of this chapter or any other City ordinance, the Public Works and Development Director or his designee may issue a notice of such alleged violation(s) to the owner or occupant of the property along with a specified time period within which such violation(s) must be corrected. Said time period shall not be less than 10 days from issuance of the notice. Notice may be served in person or by first-class mail.
The property owner shall notify the Public Works and Development Director or his designee upon completion of repairs so that a reinspection may be made.
If a violation has not been corrected within the time limits allowed by the Public Works and Development Director, the Public Works and Development Director shall issue a citation on the property owner regarding such violation. For noxious weed violations, pursuant to § 66.0407, Wis. Stats., and for ground cover violations over the required eight-inch height, the Public Works and Development Director shall have the alternative option to instruct the Weed Commissioner and/or Department of Public Works and Development to correct said violation and charge the actual costs incurred against the property owner. If such charges are not paid by November 1 of the year in which they are billed, such charges shall be extended on the next succeeding tax roll as a tax charged against the property affected and collected in the same manner as are other taxes, pursuant to § 66.0407, Wis. Stats. In addition to the regulations noted above, if grass on a residentially zoned property needs to be cut by the City more than one time in a calendar year, there will be an additional charge of $100 per cutting billed to the property.