Village of Whitefish Bay, WI Article I Minimum Standards

[Adopted as Secs. 18.01 through 18.05 of the Codification]

§ 18-1 Purpose.

The general purpose of this chapter is to protect the public health, safety, morals and the general welfare of the people of the Village. These general objectives include, among other, the following specific purposes:

A. To protect the character and stability of all areas within the Village.

B. To provide the minimum standards necessary to the health and safety of persons occupying or using buildings, structures or premises.

C. To provide minimum standards for the exterior maintenance of all buildings, structures and exterior premises, and to thus prohibit the spread of slums and blight.

D. To declare that buildings, structures and adjacent exterior property which have become or are becoming deteriorated, dilapidated, neglected, fire hazards, a vermin or rodent harborage, or unsanitary are detrimental to the health, safety, morals and welfare of the residents of this community.

E. To preserve the value of land and buildings throughout the Village.

§ 18-2 Applicability.

Every building, structure and its premises shall conform to the requirements of this chapter, irrespective of the class to which such building, structure and premises may otherwise belong, and irrespective of when such building may have been constructed, altered or repaired.

§ 18-3 Interpretation.

A. This chapter establishes minimum standards for maintenance of buildings, structures and premises and does not replace or modify standards otherwise established for the construction, replacement or repair of buildings and structures except such as are in conflict with the provisions of this chapter.

B. Any inconsistency or conflict between the provisions of this chapter and any other provision of this chapter or other existing ordinance shall not repeal such provision or ordinance; but the provisions of this chapter shall be cumulative thereto.

§ 18-4 Definitions.

A. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

ACCESSORY STRUCTURE

A structure detached from and subordinate to the main or principal structure and located on the same lot, including, but not limited to, garages, storage sheds, carports, fences, retaining walls, garden treillage, and any other exterior appurtenance located on the lot.

BASEMENT

That portion of a building the floor line of which is below the surface of the ground immediately adjoining it and its ceiling not more than four feet above lot grade.

BUILDING

A structure built for the support, shelter or enclosure of persons, animals or chattels, including all mechanical and electrical appurtenances.

DETERIORATION

The condition or appearance of a building or structure or part thereof, characterized by breaks, holes, rot, crumbling, cracking, peeling, rusting, inadequate paint, or other evidence of decay or neglect.

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 poisoning, spraying, fumigating, trapping; or by any other recognized and legal pest elimination methods approved by the Health Commissioner.

FENCE

An independent structure forming a barrier at grade between lots, between a lot and a street or an alley, or between portions of a lot or lots and includes a wall or latticework screen but excludes a hedge or natural growth, or a barrier less than 18 inches in height which is used to protect plant growth.

GARBAGE

Garbage is all waste, animal, fish, fowl or vegetable matter incident to and resulting from the use, preparation and storage of food for human consumption.

OCCUPANT

Any person occupying or having use of a building, structure, premises or any part thereof.

OPERATOR

Any person who has charge, care or control of a building, structure or premises or part thereof.

OWNER

Any person who, alone, jointly, or severally with others, shall hold title to a building, structure or premises, or who shall be in actual possession of, or have charge, care or control of a building, structure or premises as employee or agent of the title holder, or who shall be trustee or guardian of the estate or person of the title holder.

PERSON

Includes a corporation, firm, partnership, association, organization and any other group acting as a unit as well as individuals, including a personal representative, receiver or other representative appointed according to law. Whenever the word "person" is used in any section of this chapter prescribing a penalty or fine, as to partnerships or association, the word shall include the partners or members thereof, and as to corporations, shall include the officer, agents or members thereof who are responsible for any violation of such section.

PROVIDED

Any material furnished, supplied, paid for or under the control of the owner.

REPAIR

To restore to a state of operation, serviceability or appearance in conformity with this chapter.

REPLACE

To remove an existing item or portion of a building or structure and to construct or install a new item of similar or improved quality as the existing item when it was new. Replacement will ordinarily take place when the item is incapable of repair.

RUBBISH

Rubbish is the miscellaneous waste material, combustible and noncombustible, resulting from housekeeping and ordinary mercantile enterprises, and includes boxes, cartons, excelsior, paper, ashes, cinders, tine cans, bottles and broken glass, rubber, grass clippings, brush, leaves and garden plants.

STRUCTURE

Anything constructed or erected which requires location on the ground or is attached to something having location on the ground, including a building, fence, freestanding wall, sign or other advertising medium, whether detached or projecting.

SUBSTANDARD

All buildings which do not conform to the minimum standards established by this chapter and by any other provision of this Code of Ordinances or by the State of Wisconsin Administrative Code.

SUPPLIED

Paid for, furnished, or provided by or under the control of the owner or operator.

YARD

An open space at grade on the same lot as a building or structure located between such building or structure and the adjoining lot line and/or street line.

B. Meaning of certain words. Whenever the words "building," "structure," "premises," are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof."

§ 18-5 Minimum standards.

[Amended by Ord. No. 1627]

It shall be unlawful for any person to occupy or use, or let or hold out to another for occupancy or use, any building, structure or premises which does not comply with each of the following requirements of this chapter:

A. Foundations, exterior walls and roofs. The foundation shall be substantially watertight and protected against rodents and shall be kept in good condition and repair. The foundation elements shall adequately support the building at all points. Every exterior wall shall be substantially watertight, weathertight, protected against rodents, kept in good condition and repair and shall be free of deterioration, holes, breaks, loose or rotting boards or timber, and any other condition which might admit rain or dampness to the interior portions of the walls or to the exterior spaces of the dwelling. All exterior wood surfaces shall be protected by paint, stain or other water- and weather-resistant treatment. Every roof shall be watertight, weathertight, kept in good condition and repair, and have no dangerous defects. Roof drainage shall be adequate to prevent rain water from causing dampness in the walls. All cornices, copings, parapets, moldings, belt courses, lintels, sills and similar projections shall be kept in good repair, free from cracks or defects which make them hazardous or dangerous.

B. 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 and repair. Door hinges and door latch 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.

C. Screens. From June 1 to September 15, screens shall be installed on doors or windows when they are opened for ventilation. Screening shall be at least a 14 mesh and shall be attached to its frame in such 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 the passage of insects or rodents. Screens shall be provided with positive attachment devices to ensure that inserts will not fall from or be dislodged from the door or window frame. A self-closing device shall be provided for screen doors.

D. 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.

E. Chimneys. Every chimney and chimney flue shall be in good and safe condition and repair. Masonry chimneys shall have caps to prevent moisture from entering the masonry.

F. Grading and drainage of lots. Every yard, court, driveway or other portion of the lot shall be graded or drained so as to prevent the accumulation of stagnant water on any such surface. Driveways shall be maintained in good condition and repair.

G. Yards. Yards shall be kept substantially clear of debris and shall be provided with adequate lawn, ground cover, vegetation, hedges, bushes, or other vegetation, maintained as necessary to create a neat and attractive appearance. To the extent practicable, yards shall be kept free of noxious weeds as identified in § 66.0407, Wis. Stats. All weeds and grasses shall be kept cut to a height not to exceed six inches. The Village may cause all weeds and grasses in excess of six inches to be cut and removed and any dead or overgrown brush to be removed and the cost thereof charged to the property under § 66.0627, Wis. Stats., provided that the Building Inspector first provides written notice to cure the condition to the property owner, at the property taxpayer's address, at least five days in advance. The height restrictions of this subsection pertaining to grass may be temporarily exceeded during the month of May to promote pollinator emergence. The exception to grass height limits during the month of May, however, shall not be construed to also provide an exception to the need for a property owner to abate all weeds defined as noxious weeds in Wis. Stats.

[Amended 12-5-2022 by Ord. No. 1897]

H. Infestation. Every building, structure and all exterior appurtenances on the premises shall be adequately protected against rats, mice, termites, and other vermin infestation, and shall not permit the entrance of such rats, mice, termites and other vermin. Occupants and operators shall be responsible for the extermination of rodents and vermin from 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 also be responsible for extermination of the infestation.

I. Exterior appearance. Every building and structure shall be kept neat and attractive in appearance. All wooden portions shall be painted, stained or receive other similar treatment as often as necessary to maintain such appearance. Stone, brick or other masonry shall be kept adequately pointed and maintained.

J. Refuse, garbage and rubbish storage requirements. Every building or structure shall have adequate refuse, garbage or rubbish storage facilities as required by Chapter 10, Sanitary Code, of the Whitefish Bay Village Code. No occupant shall accumulate rubbish, boxes, lumber, metal or other materials which may provide harborage for rodents or vermin.

K. Accessory structures. Every accessory structure shall be kept in good condition and repair, shall not obstruct light and air of doors or windows, shall not obstruct a safe means of access to any building or structure, shall not create fire or safety hazards and shall not provide rat or vermin harborage. All accessory structures which are in deteriorated condition and which are not repairable shall be removed.