A.
Scope. The provisions of this chapter shall govern the minimum conditions
and the responsibilities of persons for maintenance of structures,
equipment and exterior property.
B.
Responsibility. The owner of the premises 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 are
responsible for keeping in a clean, sanitary and safe condition that
part of the dwelling unit or premises which they occupy and control.
A.
Sanitation.
(1)
All exterior property and premises shall be maintained in a clean,
safe and sanitary condition free from any accumulation of combustible
or noncombustible material, debris and refuse. Debris and refuse shall
include but not be limited to broken concrete, bricks, blocks or other
mineral matter; bottles, porcelain and other glass or crockery; boxes;
lumber (new or used), posts, logs, sticks, or other wood; tree branches,
brush, yard trimmings, grass clippings and other residues; paper rages,
animal waste, cardboard, excelsior, rubber, plastic, wire, tin and
metal items; discarded household goods or appliances, junk lawn mowers,
tar paper, residues from burning or any similar materials which constitute
health, fire or safety hazards or an unreasonable blighting influence
upon the neighborhood or the City in general. No rubbish, building
materials or material of any kind shall be permitted to be stored
so as to afford a harborage or breeding place of rodents. The provisions
of this section shall not apply to materials stored in conjunction
with any mercantile, manufacturing or normal residential use, which
provide no rodent harborage, and meet applicable fire and zoning restrictions.
The occupant shall keep that part of the exterior property which such
occupant occupies or controls in a clean and sanitary condition.
(2)
In the event an owner or occupant fails to remove refuse and debris
pursuant to an order, the City may cause the refuse and debris to
be removed and the cost of such removal shall be specially assessed
against the property where the debris and refuse was located. [Wis.
Stats., § 66.0405]
B.
Grass.
(1)
Lawn areas, where provided, shall be maintained. The growth of grass
or weeds in excess of six inches in height not constituting a garden
shall be considered a violation of the maintenance provisions of this
section. A garden is a limited area devoted to flower, vegetable or
fruit plants or bushes. A natural state area may be maintained as
a garden provided it is not a lawn area, not in a front-yard setback
area and does not contain noxious weeds.
(2)
Planting of grass. Every person shall plant and maintain adequate
grass vegetation to control the erosion of soil to adjoining properties
from rainfall within one year after occupancy of a building, on all
lands he shall own, occupy or control including the parkway upon which
lands abut.
(3)
Orders to cut grass to comply with the provisions of § 21.302D may be issued by the Building Inspector or the Weed Commissioner or their designees. Any order to cut grass shall require that the grass be mown within five days of the date of the order. In the event any owner of lands, fails to mow a lawn area as required by an order issued under this section, the City may proceed to mow the area and shall charge the owner the cost of such mowing at the hourly rate as determined by the Common Council by resolution. Any charge which is made under this section and remains unpaid as of November 1 of each year shall be placed assessed against the property and placed on the tax roll as a special assessment to be collected pursuant to Ch. 74, Wis. Stats.
C.
Grading and drainage. All premises shall be graded and maintained
to prevent the erosion of soil and to prevent the accumulation of
stagnant water thereon, or within any structure located thereon.
D.
Sidewalks and driveways. All sidewalks, walkways, stairs, driveways,
parking spaces and similar areas shall be kept in a proper state of
repair, and maintained free from hazardous conditions.
E.
Curb lawn. Those unpaved public area abutting private property between the curb and lot line shall be maintained by the abutting property owner as a lawn area. (See § 21.302B.) Any person who feels aggrieved by this subsection shall have the right of appeal following the procedure in § 23.42. The Board of Appeals is authorized to grant a variance of this subsection if in the Boards discretion the physical conditions of the property make compliance with the subsection unreasonable. When the unpaved portion between the lot line and curb has been disturbed due to a public improvement, such lawn area and trees, in any, shall be maintained by such property owner following completion of the final grading by the contractor of said improvement. On those streets in which curbs do not exist, the area which shall be maintained as provided for in this subsection shall be the unpaved public area between the lot line and the shoulder of the roadway.
F.
Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of six inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other that trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. The provisions of this section do not apply to areas permitted under § 21.302C.
G.
Rodent harborage. All structures and exterior property shall be kept
free from rodent harborage and infestation. Where rodents are found,
they shall be promptly exterminated by approved processes which will
not be injurious to human health. After extermination, proper precautions
shall be taken to eliminate rodent harborage and prevent reinfestation.
H.
Firewood. All firewood shall be stored at least 12 inches above ground
in a fashion designed to prevent the harborage of rodents.
I.
Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not
discharge gases, steam, vapor, hot air, grease, smoke, odors or other
gaseous or particulate wastes directly upon abutting or adjacent public
or private property or that of another tenant.
J.
Accessory structures. All accessory structures, including detached
garages, shall be maintained structurally sound and in good repair.
K.
Fences and retaining walls. All fences and retaining walls shall
be properly maintained in a vertical position and kept in good repair
or shall be removed. If paint or other preservatives have been applied
to the exterior surface, it shall be repainted, resurfaced, or otherwise
treated in a workmanlike manner when its condition constitutes a present
danger to adjoining property or to any person, or constitutes an unreasonable
blight to the immediately surrounding area, as determined by the City
Engineer or Building Inspector.
(1)
Fences.
(a)
Fences shall not be constructed or supported with railroad ties,
plywood, logs, pipes, metal, fiberglass, or other materials not specifically
manufactured to be used as fence. Barbed fences, razor fences, and
corrugated steel fencing are not permitted in residential, commercial,
or business districts. Fences shall be constructed of chain link (cyclone),
split rail, wood planking, pvc, or other materials specifically manufactured
for use as a fence or approved by the Building Inspector.
(b)
Fences shall not be constructed in a manner that interferes
with surface drainage along an adjoining lot line.
(c)
Tarps, plywood, or other materials shall not be connected to
any fence for screening or other purposes.
(d)
Structural members supporting the fence shall be on the interior
side.
(e)
Snow fence, construction fence, or other temporary fences are
only permitted with written approval of City Engineer or Building
Inspector.
(2)
Retaining walls.
(a)
Retaining walls, when present, shall be structurally sound,
property maintained, and kept in good repair. No retaining wall shall
be constructed or maintained in such a manner as to allow repeated
flow of mud, gravel or debris upon any public sidewalk, street, alley
or adjoining property. Retaining walls shall be repaired or reconstructed
which are leaning, broken, rotten, or otherwise determined by the
Building Inspector of City Engineer to have an unreasonable blight
on the immediately surrounding area.
(b)
Retaining walls shall not be constructed or supported in any
manner with railroad ties, plywood, logs, pipes, metal, fiberglass,
or other materials not specifically manufactured for use as a retaining
wall.
(c)
Retaining walls shall be constructed of textured concrete block,
natural stone, manufactured stone block specifically designed for
retaining walls, or pressure treated landscape timbers, having a minimum
preservation retention level (PRL) of 0.40. Poured concrete walls
shall only be permitted with review and approval of the City Engineer.
(d)
Retaining walls shall be constructed 12 inches minimum from
an adjoining lot line to prevent interference with drainage unless
otherwise approved by City Engineer.
(e)
Retaining walls exceeding three feet in height above the adjacent
grade shall be professionally designed and submitted for review and
approval of the City Engineer.
(f)
Retaining walls shall be constructed with an adequate foundation
of crushed stone or concrete to support the walls and stone backfill
to allow for drainage.
(g)
Structural members supporting a wall shall be on the interior
(fill) side of the wall.
L.
Gates. Gates which are required to be self-losing and self-latching
in accordance with the State of Wisconsin Building Code shall be maintained
such that the gate will positively close and latch when released from
a still position of six inches from the gatepost.
M.
Swimming pools. Swimming pools shall be maintained in a clean and
sanitary condition, and in good repair.
N.
Motor vehicles.
(1)
Except as provided for in other regulations, no inoperative or unlicensed
motor vehicle shall be parked, kept or stored on any premises, and
no vehicle shall at any time be in a state of major disassembly, disrepair,
or in the process of being stripped or dismantled. Painting of vehicles
is prohibited unless conducted inside an approved spray booth.
(2)
Exception. A vehicle of any type is permitted to undergo major overhaul,
including body work, provided that such work is performed inside a
structure or similarly enclosed area designed and approved for such
purposes.
O.
Defacement of property. No person shall willfully or wantonly damage,
mutilate or deface any exterior surface of any structure or building
on any private or public property by placing thereon any marking,
carving or graffiti. It shall be the responsibility of the owner to
restore said surface to an approved state of maintenance and repair.
A.
General. The exterior of a structure shall be maintained in good
repair, structurally sound and sanitary so as not to pose a threat
to the public health, safety or welfare.
B.
Protective treatment. All exterior surfaces, including but not limited
to, doors, door and window frames, cornices, porches, trim, balconies,
decks and fences shall be maintained in good condition. Exterior wood
surfaces, other than decay-resistant woods, shall be protected from
the elements and decay by painting or other protective covering or
treatment. Peeling, flaking and chipped paint shall be eliminated
and surfaces repainted. All siding and masonry joints as well as those
between the building envelope and the perimeter of windows, doors,
and skylights shall be maintained weather resistant and water tight.
All metal surfaces subject to rust or corrosion and all surfaces with
rust or corrosion shall be stabilized and coated to inhibit future
rust and corrosion. Oxidation stains shall be removed from exterior
surfaces. Surfaces designed for stabilization by oxidation are exempt
from this requirement.
C.
Premises identification. Buildings shall have approved address numbers
placed in a position to be plainly legible and visible from the street
or road fronting the property. These numbers shall contract with their
background. Address numbers shall be Arabic numerals or alphabet letters.
Numbers shall be a minimum of four inches high with a minimum stroke
width of 0.5 inches.
D.
Structural members. All structural members shall be maintained free
from deterioration, and shall be capable of safely supporting the
imposed dead and live loads.
E.
Foundation walls. All foundation walls shall be maintained plum and
free from open cracks and breaks and shall be kept in such condition
so as to prevent the entry of rodents and other pests.
F.
Exterior walls. All exterior walls shall be free from holes, breaks,
and loose or rotting materials; and maintained weatherproof and properly
surface coated where required to prevent deterioration.
G.
Roofs and drainage. The roof and flashing shall be sound, tight and
not have 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 creates a public nuisance.
H.
Decorative features. All cornices, belt courses, corbels, terra cotta
trim, wall facings and similar decorative features shall be maintained
in good repair with proper anchorage and in a safe condition.
I.
Overhang extensions. All overhang extensions including, but not limited
to canopies, marquees, signs, metal awning, fire escapes, standpipes,
and exhaust ducts shall be maintained in good repair and be properly
anchored so as to be kept in a sound condition. When required, all
exposed surfaces of metal or wood shall be protected from the elements
and against decay or rust by periodic application of weather-coating
materials, such as paint or similar surface treatment.
J.
Stairways, decks, porches and balconies. Every exterior stairway,
deck, porch and balcony, and all appurtenances attached thereto, shall
be maintained structurally sound, in good repair, with proper anchorage
and capable of supporting the imposed loads.
K.
Chimneys and towers. All chimneys, cooling towers, smoke stacks,
and similar appurtenances shall be maintained structurally safe and
sound, and in good repair, all exposed surfaces of metal or wood shall
be protected from the elements and against decay or rust by periodic
application of weather-coating materials, such as paint or similar
surface treatment.
L.
Handrails and guards. Every handrail and guard shall be firmly fastened
and capable of supporting 200 lb. loads and stairs with more than
three risers shall have a handrail on at least one side and stairs
with more than five risers shall have handrails on both sides.
M.
Window, skylight and door frames. Every window, skylight, door and
frame shall be kept in sound condition, good repair and weather tight.
N.
Glazing. All glazing materials shall be maintained free from cracks
and holes.
(1)
Openable windows. Every window, other than a fixed window, shall
be easily opened and capable of being held in position by window hardware.
(2)
Boarding of windows. Windows shall not be boarded over temporarily
or permanently without approval of the building inspector, City engineer
or his designee.
O.
Insect screens.
(1)
During the period from May 1 to October 1, every door, window and
other outside opening required for ventilation of habitable rooms,
food preparation areas, food service areas, or any areas where products
to be included or utilized in food for human consumption are processed,
manufactured, packaged or stored, shall be supplied with approved
tightly fitting screens of not less that 16 mesh per inch and every
swinging door shall have a self-closing device in good working condition.
(2)
Exception. Screen doors shall not be required where other approved
means, such as air curtains or insect repellent fans, are employed.
P.
Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guestrooms shall tightly secure the door. Locks on means of egress doors shall be in accordance with § 21.704C.
Q.
Basement hatchways. Every basement hatchway shall be maintained to
prevent the entrance of rodents, rain and surface drainage water.
R.
Guards for basement windows. Every basement window that is openable
shall be supplied with rodent shields, storm windows or other approved
protection against the entry of rodents.
A.
General. The interior of a structure and equipment therein shall
be maintained in good repair, structurally sound and in a sanitary
condition. Occupants shall keep that part of the structure which they
occupy or control in a clean and sanitary condition. Every owner of
a structure containing a rooming house, a hotel, a dormitory, two
or more dwelling units or two or more nonresidential occupancies,
shall maintain, in a clean and sanitary condition, the shared or public
areas of the structure and exterior property.
B.
Structural members. All structural members shall be maintained structurally
sound, and be capable of supporting the imposed loads.
C.
Interior surfaces. All interior surfaces, including windows and doors,
shall be maintained in good clean and sanitary condition. Peeling,
chipping, flaking or abraded paint shall be repaired, removed, or
covered. Cracked or loose plaster, decayed wood, and other defective
surface conditions shall be corrected.
D.
Stairs and walking surfaces. Every stair, ramp, landing, balcony,
porch, deck or other walking surface shall be maintained in sound
condition and good repair.
E.
Handrails and guards. Every handrail and guard shall be firmly fastened
and capable of supporting 200 lbs. loads and shall be maintained in
good condition.
F.
Interior doors. Every interior door shall fit reasonably well within
its frame and shall be capable of being opened and closed by being
properly and securely attached to jambs, headers or tracks as intended
by the manufacturer of the attachment hardware.
G.
Building exits. Every exit from a dwelling unit shall comply with
the following requirements:
(1)
Exit doors and passageways shall be kept in a reasonably good state
of repair and operational.
(2)
Exit doors and passageways shall be kept in a reasonably good state
of repair and operational.
(3)
Every dwelling unit shall have at least two exits to the exterior
from the first floor. Exits located in the same room shall be counted
as one exit.
A.
Accumulation of rubbish or garbage. All exterior property and premises,
and the interior of every structure, shall be free from any accumulation
of rubbish or garbage.
B.
Disposal of rubbish.
(1)
Every occupant of a structure shall dispose of all rubbish in a clean
and sanitary manner by placing such rubbish in approved containers.
(2)
Rubbish storage facilities. The owner of every occupied premise shall
supply approved covered containers for rubbish, and the owner of the
premises shall be responsible for the removal of rubbish. The containers
will remain covered when not in use.
C.
Disposal of garbage.
(1)
Every occupant of a structure shall dispose of garage in a clean
and sanitary manner by placing such garbage in an approved garbage
disposal facility or approved garbage containers.
(2)
Garbage facilities. The owner of every dwelling shall supply one
of the following: an approved mechanical food waste grinder in each
dwelling unit; an approved incinerator unit in the structure available
to the occupants in each dwelling unit; or an approved leakproof,
covered, outside garbage container.
(3)
Containers. The operator of every establishment producing garbage
shall provide, and at all times cause to be utilized, approved leakproof
containers provided with close-fitting covers for the storage of such
materials until removed from the premises for disposal.
A.
Infestation. All structures shall be kept free from insect and rodent
infestation. All structures in which insects or rodents are found
shall be promptly exterminated by approved processes that will not
be injurious to human health. After extermination, proper precautions
shall be taken to prevent re-infestation.
B.
Owner. The owner of any structure shall be responsible for extermination
within the structure prior to renting or leasing the structure.
C.
Single occupant. The occupant of a one-family dwelling or of a single-tenant
nonresidential structure shall be responsible for extermination on
the premises.
D.
Multiple occupancy. The owner of a structure containing two or more
dwelling units, a multiple occupancy, a rooming house, or a nonresidential
structure shall be responsible for extermination in the public or
shared areas of the structure and exterior property. If infestation
is caused by failure of an occupant to prevent such infestation in
the area occupied, the occupant shall be responsible for extermination.
A.
Whenever the Public Health Administrator or Board of Health designee,
Building Inspector and/or Fire Department, upon inspection of any
vacated building within the City of South Milwaukee, finds that the
building is in danger of vandalism and/or dilapidation by the weather
elements, the Building Inspector shall order the owner thereof to
make the building secure against vandalism and/or dilapidation in
a workmanlike manner.
B.
If the owner of a vacated building fails to comply with the provisions
of this chapter, the City may proceed to make the building secure
against vandalism and/or dilapidation by the weather elements, and
charge the cost thereof to the owner.
C.
No vacated building for which the owner has been given an order for
compliance with this chapter may be occupied before an Occupancy Permit
has been issued by the Building Inspector. Such Occupancy Permit may
be issued only upon compliance with all orders and requirements of
the City, the payment of required permit fees, the costs of re-inspection
and any expenses incurred by the City in the enforcement of this code.
D.
Whenever grass or lawn weeds on vacant properties or unoccupied premises
are six inches or more in height within the City of South Milwaukee,
the City is empowered to cause such grass or lawn weeds to be cut
and the cost therefore shall be placed on the tax rolls as a special
charge against the property. On vacant properties of more the five
acres, the duty to cut the grass and weeds imposed by the above provision
shall apply to those portions of the property lying within 50 feet
of the lot line abutting any residential or improved property.
