[HISTORY: Adopted by the Village Board of the Village of
Denmark 6-1-2009 by Ord. No. 6-2009B (Ch. 6 of the 1998 Code). Amendments noted where applicable.]
This chapter shall be known as the "Village of Denmark Premises
and Property Maintenance Code" and may be referred to in this chapter
as "the code."
A.
The code applies to every residential, nonresidential, or mixed-occupancy
building and the land on which it is situated within the Village of
Denmark. All residential, nonresidential, or mixed-occupancy buildings
and the land on which they are situated shall comply with the provisions
of this code, whether or not such building shall have been constructed,
altered or repaired before or after the enactment of this code.
B.
Exceptions. Farm structures are exempt from the provisions of this
chapter.
The purpose of this code is to create minimum standards for
exterior property maintenance so as to preserve and promote the public
interest, health, safety, and welfare.
A.
The Board of Trustees of the Village of Denmark does hereby find
that it is necessary to provide for the abatement of conditions which
are offensive or annoying to the senses, detrimental to property values
and community appearance, an obstruction to or interference with the
comfortable enjoyment of adjacent property or premises, or hazardous
or injurious to the health, safety or welfare of the general public
in such ways to constitute a public nuisance and to provide standards
to safeguard life, health and public welfare in keeping with the character
of the Village by allowing for the maintenance of property or premises
for each of the following purposes:
(1)
To safeguard the health, safety and welfare of the people by maintaining
property or premises in good and appropriate condition;
(2)
To promote a sound and attractive community appearance; and
(3)
To enhance the economic value of the community, and each area in
it, through the regulation of the maintenance of property or premises.
B.
Accordingly, the Village Board of Trustees finds and declares that
the purpose of this chapter is to reduce threats to health, safety,
welfare, appearance and economic value due to the decline in property
condition(s) by lawfully delineating the circumstances under which
such condition(s) may be considered illegal and/or abated and further
finds that abatement of such condition(s) is in the best interest
of the health, safety and welfare of the residents of the Village
because maximum use and enjoyment of property or premises in proximity
to one another depends upon maintenance of those properties or premises
at or above the minimum standard.
C.
It is further declared that the Village of Denmark cannot allow for
a lack of maintenance, because of the fact that due to progressive
deterioration properties will eventually have the effect of creating
blighting conditions, and, if not curtailed, these conditions will
spread and necessitate, in time, the expenditure of large amounts
of public funds to correct and eliminate such conditions.
D.
By reason of timely regulations and restrictions contained in this
code, the desirability and amenities of residential, nonresidential,
and mixed-occupancy uses and neighborhoods may be enhanced and the
public health, safety and welfare protected and fostered.
A.
If a court
of competent jurisdiction adjudges any section, clause, provision
or portion of this chapter unconstitutional or invalid, the remainder
of this chapter shall not be affected thereby.
B.
If any
application of this chapter to a particular structure, use, land,
or water is adjudged unconstitutional or invalid by a court of competent
jurisdiction, such judgment shall not be applicable to any other structure,
use, land, or water not specifically included in said judgment.
It is not intended by this chapter to repeal, abrogate, annul,
impair, or interfere with any rules, regulations, ordinances, or Wisconsin
Statutes previously adopted or issued pursuant to law. However, where
this chapter imposes greater restrictions, the provisions of this
chapter shall prevail.
The following words and terms, wherever used herein or referred
to in this code, shall have the respective meanings assigned to them
unless a different meaning clearly appears from the context:
Any structure built, used, designed, or intended for the
support, shelter, protection, or enclosure of persons, animals, chattels
(personal property), or property of any kind, and which is permanently
affixed to the land. When a building is divided into separate parts
by unpierced fire or party walls extending continuously from the ground
through all stories to and above the roof, each part shall be deemed
a separate building. All buildings shall be constructed with a foundation
with frost walls constructed to a minimum of four feet below grade.
The Building Inspector of the Village of Denmark or an authorized
representative.
Processing animal and vegetable waste in a controlled environment
to produce a stable product by microbiologically degrading organic
matter under aerobic conditions.
The condition of a building or part thereof characterized
by holes, breaks, rot, crumbling, peeling, rusting, or other evidence
of physical decay or neglect, lack of maintenance or excessive use.
All exterior wood and composition surfaces shall be properly protected
from the elements and against decay by paint, stain or other protective
coating and applied in a workmanlike manner.
Any building or structure which wholly or partly is used
or intended to be used for living or sleeping by human occupants.
Any habitable room or group of adjoining habitable rooms
located within a dwelling and forming a single unit with facilities
which are used or intended to be used for living, sleeping, cooking,
or eating of meals.
Any element, whether created by nature or by man, which with
reasonable foreseeability could carry litter from one place to another.
Elements shall include but not be limited to wind, rain, water, insects,
and animals.
Any premises, or any part thereof, or any building, or any
part thereof, which may be viewed by the public.
Open space on the premises and outside surface area of any
building thereon.
The control and elimination of insects, rodents, and vermin.
Any building or structure used for storing agricultural equipment
or farm produce or products, housing livestock or poultry, or processing
dairy products. The term "farm structure" shall not include dwellings
or manure storage facilities.
Decaying and decomposing animal and vegetable waste resulting
from the handling, preparation, cooking, and/or consumption of food.
(See also "refuse" and "rubbish.")
The presence of insects, rodents, vermin, or other pests
on the premises which constitute a health hazard.
Includes any uncontainerized, man-made or man-used waste
which, if deposited within the Village otherwise than in a litter
receptacle, tends to create a danger to public health, safety, and
welfare or to impair the environment of the citizens of the Village.
Litter may include, but is not limited to, any garbage, trash, refuse,
rubbish, confetti, debris, grass clippings or other lawn or garden
waste, newspaper, magazine, glass, metal, plastic or paper container
or other construction material, tires, small engine parts, yard care
equipment, appliances, motor vehicle part, furniture, oil, or dead
animal carcass.
Any building containing one or more dwelling units or rooming
units and also having a portion thereof devoted to non-dwelling uses
or used as a hotel.
Any public nuisance as defined by statute or this chapter.
Additionally, physical conditions dangerous to human life or detrimental
to health and safety of persons on or near the premises where the
conditions exist.
Any tenant or person who occupies or has actual possession
of buildings or other usable space.
Any person who has charge, care or control of a dwelling
or premises, or part thereof, whether with or without the knowledge
and consent of the owner.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises, with or without
accompanying actual possession thereof. Any person who is a lessee
subletting or reassigning any part or all of any dwelling or dwelling
unit shall be deemed to be co-owner with the lessor and shall have
joint responsibility over the portion of the premises sublet or assigned
by said lessee.
Any private or public property with provisions for parking
vehicles to which the public is invited or which the public is permitted
to use or which is visible from any public place or private premises.
Any individual, firm, corporation, association, or partnership.
Any person who, whenever engaged in a nuisance activity,
enters, patronizes, visits or attempts to enter, patronize or visit,
or waits to enter, patronize or visit, a premises or person present
on a premises, including any officer, director, customer, agent, employee
or independent contractor of a premises owner.
Any dwelling house, building or other structure designed
to be used, either wholly or in part, for private residential purposes,
whether inhabited or temporarily or continuously uninhabited or vacant,
and shall include any yard, grounds, walk, driveway, porch, steps,
vestibule, mailbox or other structure belonging or appurtenant to
such dwelling house, building or other structure.
All streets, boulevards, avenues, lanes, alleys or other
public ways, in addition to all parks, squares, plazas, grounds and
buildings, and other privately owned areas open to and frequented
by the general public, whether publicly or privately owned.
All decayed and decomposed solid waste, including but not
limited to garbage, rubbish, ashes, dead animals, animal feces, abandoned
automobiles and solid wastes. (See also "garbage" and "rubbish.")
Solid wastes consisting of both combustible and noncombustible
wastes, such as paper, wrappings, cigarettes, cardboard, tin cans,
yard clippings, leaves, wood, glass, bedding, crockery, and similar
materials. (See also "garbage" and "refuse.")
Anything constructed or erected on the ground (to include
all types of buildings, attachments to buildings, parking lots, fences,
and berms).
Paid for, furnished, or provided by or under control of the
owner or operator.
Accomplished in a reasonably skillful manner.
Every owner or operator, or the occupant if the occupant has
assumed responsibility under any written lease, shall either personally
or by agent improve and maintain all properties within the scope of
this code under his, her, or its control to comply with the following
requirements:
A.
Every premises shall be maintained in a clean, sanitary, and safe
condition and comply with all applicable legal requirements of the
State of Wisconsin, Brown County, and the Village of Denmark.
B.
All courts, yards, or other areas on the premises shall be properly
graded to divert water away from any building or structure.
C.
Premises, including adjacent drainage ditches and rights-of-way,
shall be kept clear of refuse, such as brush, weeds, invasive species
as described in § 23.22, Wis. Stats., broken glass, garbage,
trash, animal feces, and debris. Animal feces must be removed within
a reasonable amount of time.
D.
Natural growth, such as dead and dying trees and limbs, or other
natural growth which, by reason of rotting or deteriorating conditions,
or storm damage, constitutes a hazard to persons in the vicinity shall
be removed. Trees shall be kept pruned and trimmed to prevent such
conditions.
E.
All required and existing vegetative buffers and landscaping shall
be maintained in such a manner as to afford proper screening heights
and densities of plantings and to be attractive and well-maintained.
Such maintenance shall include, but not be limited to, cutting, trimming,
and fertilizing, if necessary. Replacement shall be required for any
subsequent destroyed, eroded, or dead plantings in order to preserve
the screening/buffering between properties.
F.
Overhangs, such as loose and overhanging objects, which by reason
of location above ground level constitute a danger of falling on persons
in the vicinity shall be repaired or removed.
G.
Sources of infestation shall be removed.
H.
Every foundation, roof, exterior wall, window, and floor shall be
reasonably weathertight and rodent-proof and shall be kept in proper
repair and be capable of affording privacy. All inside and outside
stairways, floors, roofs, foundations, load-bearing walls, and every
porch and every appurtenance thereto shall be safe to use and capable
of supporting the loads that normal use may cause to be placed thereon
and shall be maintained in sound condition and good repair.
I.
Every window, exterior door, and hatchway or similar device shall
be reasonably weathertight and rodent-proof and so constructed to
exclude insects during that portion of the year when there is a need
for protection against mosquitoes, flies, and other insects.
J.
Every doorway, window, or other device used for ventilation and opening
directly from a dwelling unit to outside space shall be supplied with
properly fitting screens.
K.
All exterior surfaces of buildings and fences made of materials not
inherently resistant to or chemically treated to prevent deterioration
shall be periodically coated with paint or other suitable preservative
which provides adequate resistance to weathering, unless a variance
is otherwise granted by the Zoning Board of Appeals.
L.
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 manner.
M.
The exterior of every structure or accessory structure, including
fences, shall be maintained in good repair and shall be maintained
free of broken glass, loose shingles or boards, crumbling stone, brick
or concrete, excessive peeling paint, or other condition reflective
of deterioration or inadequate maintenance to the end that the property
itself may be preserved and fire and safety hazards eliminated and
adjoining properties protected from blighting influences.
N.
Exterior building walls shall not have any holes, loose boards, or
any broken, cracked or damaged finish which may admit rain, cold air,
dampness, rodents, or insects.
O.
Parking lots shall be paved. Paved parking lots must be kept reasonably
free of large cracks or potholes. Paved areas must be repaired or
replaced when any deterioration occurs to the extent that the road
rock or subbase is visible.
P.
Yards shall be kept free of noxious weeds and invasive species as
defined in § 23.22, Wis. Stats., and trimmed in accordance
with the Village of Denmark Municipal Code and applicable Wisconsin
Statutes and Administrative Code.
Q.
The unsheltered accumulation or storage of unused, stripped, junked,
and other automobiles, boats, recreational vehicles, trailers, and
small engines such as lawn mowers, snow blowers, or similar engines
not in good and safe operating condition is declared to be a nuisance
and dangerous to the public health, safety and well-being.
R.
All signage shall be maintained in the originally permitted and constructed
condition.
S.
Exterior lighting shall be in conformance with the approved site
plan and/or the Village of Denmark Municipal Code.
T.
All compost piles shall be contained with an enclosed area.
[Added 9-24-2018 by Ord.
No. 2018-05[1]]
A.
Purpose. It is the purpose of this section to prohibit the uncontrolled
growth of vegetation and to control noxious weeds, while permitting
the planting and maintenance of planned natural landscaping that add
diversity and richness to the quality of life. There are reasonable
expectations regarding the proper maintenance of vegetation on any
lot or parcel of land. It is in the public's interests to provide
standards regarding the maintenance of vegetation because vegetation
which is not managed can decrease the value of nearby properties and
threaten the public health and safety. It is also in the public's
interests to encourage diverse landscaping treatments, particularly
those that encourage the preservation, restoration, and management
of native plant communities which can be economical, low maintenance,
and effective in soil and water conservation. The Village enacts this
section to balance these competing interests.
B.
DESTROY
GARDEN
NATIVE PLANTS
NOXIOUS WEEDS
ORNAMENTAL GRASSES AND GROUNDCOVERS
PLANNED NATURAL LANDSCAPING
RAIN GARDEN
TURF GRASSES
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The complete killing of weeds or the killing of weed plants
above the surface of the ground by the use of chemicals, cutting,
tillage, cropping system, or any or all of these in effective combination,
at the time and in a manner as will effectually prevent the weed plants
from maturing to bloom or flower stage.
A cultivated area dedicated to growing vegetables, fruits,
annual and perennial plants, ornamental grasses and ground cover in
a well-defined location.
Those grasses (including prairie grasses), sedges (solid,
triangular-stemmed plants resembling grasses), forbs (flowering broadleaf
plants) that are native to or naturalized to the State of Wisconsin.
Native plants do not include weeds.
Any plant listed under Wis. Stats. §§ 23.235(1)(a)
or 66.0407(1)(b), and shall also include Arctium spp. (burdock), Cirsium
and Carduus spp (thistle), Ambrosia spp. (ragweed), Alliaria petiolata
(garlic mustard), Plantage lanceolate (buckhorn), and poison ivy.
Grasses and groundcovers not indigenous to Wisconsin. Ornamental
grasses do not include turf grasses and weeds.
A planned, intentional and maintained planting of native
plants, ornamental grasses, and groundcovers, rain gardens, shrubs
and trees. Planned natural landscaping does not include any species
of turf grasses and is not intended to allow a property owner to ignore
lawn care duties. Planned natural landscaping does not include gardens.
A native plant garden that is designed not only to aesthetically
improve properties, but also to reduce the amount of stormwater and
accompanying pollutants from entering streams, rivers and lakes.
Grasses commonly used in regularly cut lawns or play areas
including bluegrass, fescue or rye grass blends or any other similar
grasses.
C.
Control of noxious weeds.
(1)
Any undeveloped parcel one acre or larger in size shall destroy noxious
weeds and cut long grass and vegetation to six inches in height within
the right-of-way and within 20 feet of any abutting developed property.
The remaining property shall be maintained to a height of 12 inches
or less.
(2)
Any parcel with improvements upon it or a parcel less than one acre
in size shall destroy noxious weeds and cut and maintain long grass
and vegetation to a height of six inches or less.
(3)
This section shall not apply to:
(a)
Gardens.
(b)
Plants located on agricultural land.
(c)
Plants located on shoreland within 35 feet of the ordinary high-water
mark.
(d)
Plants located within environmentally sensitive areas such as
steep slopes, drainage ways, wetlands, and protective buffer areas.
(e)
Planned natural landscaping that is wholly contained within
the parcel on which it is planted and maintained. The cost of destroying
the weeds shall be charged and assessed in the manner provided by
Wis. Stat. § 66.0517(3)(b)1.
D.
Enforcement. Abatement. Any property owner in violation of this section
shall be provided written notice by the director of public works or
his/her designee by mailing to the property owner or by posting written
notice on the door of the property in violation. The written notice
shall request compliance within 48 hours of mailing or posting of
the notice. If such violation is not corrected within 48 hours, the
Village will authorize and conduct action to bring the property into
compliance and bill the property owner for such efforts under Wis.
Stat. § 66.0627. If any property owner receives notice under
this section on three separate occasions, no further notices will
be required for further violations in the calendar year. The Village
shall bring the property into compliance and bill the property for
each violation thereafter.
A.
Litter collection and storage area. Every owner, operator, occupant,
or lessee of a building used for residential, business, or commercial
purposes shall maintain litter collection and storage areas in a clean
condition and ensure that all litter is properly containerized and
covered. Failure to maintain clean litter collection and storage areas
shall constitute a violation of this section.
(1)
The occupant shall be responsible for preventing or correcting any
overflow of waste from waste containers or dumpsters.
(2)
Enclosures shall be installed and maintained in accordance with approved
building plans.
(3)
Waste containers and dumpsters shall be maintained in sound structural
condition and in good repair.
(4)
Waste containers and dumpsters shall be located so as to not create
a nuisance.
B.
Duty to collect litter before it is carried from the premises. All
litter that is subject to movement by the elements shall be secured
by the owner of the premises where it is found before the litter is
allowed to be removed from the premises by the elements.
C.
Neglected premises visible to the public. It shall be the duty of
any person owning or controlling any premises, including vacant lots,
visible from any public place or private premises to maintain such
premises in a reasonably clean and orderly manner. It shall be a violation
of this section to abandon, neglect or disregard the condition or
appearance of any premises so as to permit it to accumulate litter.
(1)
Yards shall be kept in a clean and sanitary condition, free from
any accumulation of combustible or noncombustible materials, debris,
or refuse.
(2)
Building materials shall be permitted to be stored within the rear
yard of a parcel for a reasonable amount of time during the building
process.
(3)
All combustible and noncombustible materials, excluding firewood,
shall be stored within an enclosed structure if the property owner
is to maintain them for prolonged periods of time. Utilizing tarps
to screen items from public view or from view on an adjacent parcel
shall not be considered acceptable.
(4)
All composting facilities shall be kept within an enclosed container.
D.
Areas around business premises. The owner or person in control of
a public place, including but not limited to restaurants, shopping
centers, fast-food outlets, stores, hotels, motels, industrial establishments,
office buildings, apartment buildings, housing projects, gas stations,
hospitals, and clinics, shall at all times keep the premises clean
of all litter, rubbish, and garbage and shall take measures, including
regular cleanup of the premises, to prevent litter from being carried
by the elements to adjoining premises. It shall be a violation of
this section to abandon, neglect, or disregard the condition or appearance
of such premises so as to permit it to accumulate litter.
E.
Loading and unloading docks. The person owning, operating, or in
control of a loading or unloading dock shall at all times maintain
the dock area free of litter in such a manner that litter will be
prevented from being carried from the premises by the elements.
F.
Construction sites. The property owners and the prime contractors
in charge of any construction site shall maintain the construction
site in such a manner that litter will be prevented from being carried
from the premises by the elements. All litter from construction activities
or any related activities shall be picked up at the end of each workday
and placed in containers which will prevent litter from being carried
from the premises by the elements.
The Building Inspector is responsible for the enforcement of
this chapter. However, it is declared that the intent of this code
can be most effectively carried out by the cooperation of all Village
departments concerned. All such departments shall cooperate with the
Building Inspector in the enforcement of this chapter.
[Amended 6-4-2018 by Ord.
No. 2018-04]
A.
The Building Inspector shall make inspections to determine the condition
of the dwelling units, other buildings, and their related premises
located within the Village and may enter any building with proper
notification, a minimum of 48 hours, in the discharge of his duties,
and any person who interferes with the Building Inspector in the discharge
of his duties shall be in violation of this chapter. The Building
Inspector shall have proper identification and shall show the same
when making inspections.
B.
Every occupant of a dwelling, dwelling unit, or other building shall
give the owner or operator thereof or an agent or employee access
to any part of such dwelling, dwelling unit, building, or its premises
at all reasonable times for the purpose of maintenance or making such
repairs or alterations as are necessary to effect compliance with
this chapter or with any lawful rule or regulation adopted or any
lawful notice issued pursuant to the provisions of this chapter.
Whenever the Building Inspector determines that there has been
a violation or that there are reasonable grounds to believe there
has been a violation of any provision of this chapter or any rule
or regulation adopted pursuant to, citations and notice may be given
of such violation or alleged violation to the person responsible therefor
as provided in § 66.1337(4)(a), Wis. Stats. The provisions
of § 66.1337(4)(a), Wis. Stats., pertaining to service of
notices and petition for hearing and review are adopted by reference
and made a part of this chapter as if set out in full. In carrying
out the provisions of § 66.1337(4)(a), Wis. Stats., the
Zoning Board of Appeals is designated as the committee established
to hear original appeals under this chapter.
Whenever the Building Inspector finds that an emergency exists
which requires immediate action to protect the public health, the
Building Inspector may, without notice or hearing and in accordance
with the provisions of § 66.1337(4)(a), Wis. Stats., issue
an order reciting the existence of such an emergency requiring that
such action be taken as the Building Inspector deems necessary to
meet the emergency. Such order shall be effective immediately.
Any person aggrieved by a decision of the Zoning Board of Appeals following review of an order issued under § 224-12 of this chapter has a right to appeal directly to Brown County Circuit Court as described in § 66.1337(4)(b), Wis. Stats.
A.
Any person who violates, disobeys, neglects or refuses to comply with any provisions of this chapter upon conviction shall be subject to a penalty as provided in § 1-4 of this Code.
B.
It shall be unlawful for any person to willfully obstruct, hinder
or delay the enforcement of any order, rule, regulation or plan issued
pursuant to this chapter, or to do any act forbidden by any order,
rule, regulation or plan issued pursuant to the authority contained
in this chapter.
C.
The Building Inspector may issue Municipal Court citations for violations
of this chapter.
