[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:
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.
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]
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.
Includes lawnmowers, snowblowers, tractors, wheelbarrows,
ladders, scaffolding, lawn rakes, lawn rollers, snowmobiles, all-terrain
vehicles, campers, truck-camper units, boats, and recreation trailers.
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]
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.
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]
A period of nine or more consecutive or nonconsecutive months
in any calendar year.
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.
A.
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.
(1)
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.
(2)
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.
(3)
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.
B.
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.
(1)
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.
(2)
Responsibility for terrace. The owner or operator shall be responsible
for maintaining lawn areas between the curbline and the sidewalk on
any street.
C.
Disposal of rubbish and garbage.
(1)
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.
(2)
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
Rat harborages. Rat harborages and feeding places shall be eliminated as required under Subsection U.
K.
Accessory structures. All accessory structures shall comply with Subsection B(2) of this section and shall be maintained structurally sound and in good repair.
L.
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.
M.
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.
N.
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.
O.
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.
P.
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.
Q.
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.
R.
Use and operation of heating facilities. Every occupant shall be
responsible for care in the proper use and proper operation of heating
facilities.
S.
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.
T.
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.
U.
Extermination.
(1)
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.
(2)
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.
(3)
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[1]]
A.
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.
B.
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.
C.
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.
D.
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.
