City of St. Francis, WI
Milwaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of St. Francis 1-15-2013 by Ord. No. 1336.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 198.
Electrical standards — See Ch. 237.
Fire prevention — See Ch. 245.
Health and sanitation — See Ch. 262.
Nuisances — See Ch. 320.
Plumbing standards — See Ch. 345.
Sewers and water — See Ch. 374.
Solid waste — See Ch. 386.
Stormwater management — See Ch. 393.
Abandoned vehicles — See Ch. 431.
[1]
Editor's Note: This chapter also repealed former Ch. 351, Property maintenance, adopted as §§ 9.09(1), 9.12, 9.13, 9.19, 9.23, 9.50 and 14.12 of the 1981 Code, as amended.
The Common Council hereby finds that the lack of maintenance of buildings and structures within the City is likely to substantially affect the health, safety and general welfare of the citizens of this community. To prevent or correct the existence of such adverse conditions and to achieve and maintain such levels of building environmental quality as will protect and promote the health and safety and general welfare, it is declared that there is a need for the establishment of standards relating to the maintenance and repair of buildings, structures and surrounding areas in the City. It is further declared that failure to maintain buildings or other structures in a reasonable state of repair or to keep the exterior or buildings in a reasonably attractive condition affects the value of other properties in the area, and adversely affects the environment and living conditions in the area, and that each of the aforesaid conditions may create a public nuisance.
The provisions of this chapter shall apply uniformly to all buildings, structures, and properties within the City of St. Francis without regard to when or under what condition or conditions such buildings or structures were originally constructed.
For the purpose of this chapter, the following words and phrases shall have the meanings assigned to them in this subsection. Words and phrases not herein otherwise defined shall have the meanings accepted by common usage.
BUILDING
A structure having a roof and intended for the shelter, housing or enclosure of persons, animals or property of any kind.
BUILDING INSPECTOR
The City of St. Francis Building Inspector, any assistant, and/or any designee.
DEBRIS
Broken concrete, bricks or other mineral matter; bottles, porcelain and other glass or crockery; boxes; lumber (new or used), posts, sticks or other wood; tree branches, logs, stumps, brush, yard trimming, grass clippings and other residues; paper, rags, 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 that constitute health, fire or safety hazards.
DETERIORATION
The degeneration in condition or appearance of a building or structure, or part thereof, characterized by, for example, breaks, holes, rot, crumbling, cracking, peeling, rusting, inadequate paint or any other evidence of decay or neglect.
JUNK
Any scrap metal, metal alloy, synthetic or organic material or waste; any abandoned, junked, ruined, dismantled, unlicensed, or wrecked motor vehicle, recreational vehicle, boat, or machinery, or any part thereof, whether salvageable or not; or any discarded household goods or appliances.
PREMISES
Lot, plot or parcel of land including the buildings or structures thereon or any part thereof.
REASONABLY TIGHT
That the item so described shall fit so as to exclude wind, rain or moisture or vermin, pests, bugs, insects, rodents or other similar items.
REFUSE
All solid waste (putrescible and non-putrescible, combustible and noncombustible), including garbage, ashes and solid material and industrial wastes including, but not limited to, rubbish and junk.
RESPONSIBLE PERSON
The owner, operator, or manager of any structure or premises.
RUBBISH
Any combustible or noncombustible waste material or debris as defined in this section except refuse, including, but not limited to, cans and metal items, leaves and grass clippings, except when being composted, or any similar materials.
STRUCTURE
Anything constructed or erected, the use of which requires a permanent location on the ground or attachment to something having a permanent location on the ground.
YARD
An open space at grade on the same lot as the building or structure located between such building or structure and the adjoining lot line and/or street line.
[Amended 10-17-2017 by Ord. No. 1416]
A. 
Administration. The City Administrator, Building Inspector and any person(s) employed or authorized by the Common Council to provide Code enforcement on behalf of the City (Code Enforcement Officer) shall have the authority to administer and enforce the provisions of this chapter and are hereby authorized and directed to make, or cause to be made, inspections in response to a complaint and/or when he/she has reason to believe that a violation exists.
B. 
Persons authorized under § 351-4 of this Code are authorized, with the aid of the City Attorney, to enforce the provisions of this chapter by commencement of forfeiture action through issuance of citation(s) for violation of this chapter. In addition, the City Attorney is authorized to commence forfeiture action(s) for violation of this chapter and, upon the direction by of the Common Council, to seek injunctive relief on behalf of the City.
C. 
Entrance into property. For the purpose of making inspections, the Building Inspector and Code Enforcement Officer are authorized to enter, examine and survey at all reasonable times all buildings, structures or premises within the City of St. Francis. If the Building Inspector or Code Enforcement Officer are denied access to a building, structure, or premises, the Building Inspector or Code Enforcement Officer may, with the assistance of the City Attorney, apply to the Municipal Court or Circuit Court for a special inspection warrant.
D. 
Notices.
(1) 
Inspection requests. The Building Inspector or Code Enforcement Officer shall provide reasonable notice under the circumstances to the owner, operator, or occupant of a building or structure of the date and time for a requested inspection. Such notice may be provided in person or via United States Mail.
(2) 
Notice of violation.
(a) 
Whenever inspection by the Building Inspector or Code Enforcement Officer finds the condition of any building, structure, or premises in the City of St. Francis fails to meet the requirements of this chapter, an order may be issued by the Building Inspector, Code Enforcement Officer, City Administrator, or City Attorney to the owner and/or occupant of the premises to correct such condition(s). The order shall include a description of the alleged failure or violation(s) and identify the applicable statute, code, or regulation sections that apply. Where the Building Inspector, Code Enforcement Officer, City Administrator, or City Attorney concludes that time for compliance may be provided without compromising the health, safety, or welfare of the public, the notice may specify a reasonable time period in which all violations shall be remedied; provided, however, that the granting of any such time for compliance shall not be construed to toll the accumulation of penalties under § 351-17 of this chapter. An order issued under this chapter shall be served on the owner and/or occupant by delivery of a copy of the same to such owner and/or occupant personally, or by delivery of a copy to an adult, competent person apparently in charge of the premises. In case no such person is located upon the premises, the order may be served via regular mail or be affixed in a conspicuous place near the entrance to the premises.
(b) 
A copy of any notice provided for under this section shall be sent to each Alderperson for the applicable district and to the City Administrator.
E. 
Assistance. The Building Inspector and Code Enforcement Officer may, in consultation with the City Administrator, require assistance from other City departments in performance of the duties under this chapter.
A. 
Scope. The provisions of this section shall be construed to constitute the minimum requirements and responsibilities of persons for maintenance of premises in the City of St. Francis, regardless of whether such premises are occupied or vacant.
B. 
Responsibility.
(1) 
No person shall allow or permit any building, structure, or premises in the City to deteriorate or remain in a condition that is not in compliance with the provisions of this chapter.
(2) 
No person shall occupy, or permit another person to occupy, any premises within the City that does not comply with the requirements of this chapter.
(3) 
No occupant(s) [including owner-occupant(s) or tenant(s)] of any building in the City shall fail to care for and maintain any part of the building or premises that is occupied by and under control of such occupant(s) in compliance with this chapter.
(4) 
All responsible persons shall be jointly and severally responsible for maintaining compliance of their premises with the provisions of this chapter.
[Amended 2-4-2014 by Ord. No. 1357]
The exterior of any premises in the City shall be maintained by the responsible person or tenant, where applicable, in accordance with this section.
A. 
Clean, sanitary and reasonably safe.
(1) 
In a clean and reasonably sanitary condition.
(2) 
Free from any debris, junk, refuse, and/or rubbish that is not within containers that comply with this chapter for purposes of storage and collection; provided, however, that such storage shall not be for longer than necessary to accommodate collection, and in no event for longer than seven days.
(3) 
In a condition so as not to become infested with or harbor rats contrary to § 351-15 of this chapter, entitled "Rat control."
(4) 
Free from used building materials.
(5) 
Free from animal feces that have been present for more than 24 hours.
(6) 
Free from any appliances, furnaces, water heaters, water softeners or building materials that are not integrated into a structure within five days of being placed on premises.
(7) 
Free of any raw materials, equipment parts, or bulk commodities, unless said items are a raw material used in a lawful business carried out on the premises or a final manufactured product.
(8) 
Free from motor vehicle, boat or aircraft parts and tires (excluding tires actually and regularly used in the rear yard of a residential dwelling as sandboxes, swings, and/or playground equipment).
B. 
Maintenance of alleys and vacated alleys. All alleys and vacated alleys abutting private property shall be maintained by the abutting property owner between the lot line of the premises to the center of the alley in accordance with this code.
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. All courts, yards or other areas on the premises shall be properly graded to divert water away from the structure. Adjacent ground surface shall be sloped away from the structure with a grading of at least 1/2 inch per foot for a minimum of five feet where possible or by other means such as eaves, troughs and downspout extensions. Approved retention and detention basins, however, shall be permitted to hold water in accordance with their approved design and capacity.
D. 
Sidewalks, walkways, stairs, driveways and parking facilities. Private bituminous or concrete sidewalks, walkways, stairs, driveways, and parking facility areas shall be maintained in good repair and reasonably safe and in a reasonably dust-free and vegetation-free condition.
E. 
Weeds. All exterior premises shall be kept free from weeds, as defined in this code. Where weed destruction is not performed by the responsible person, the Weed Commissioner may cause such weeds to be destroyed.
F. 
Landscaping.
[Amended 9-2-2014 by Ord. No. 1369]
(1) 
Landscaping, plantings and other decorative surface treatments, including species of grass common to Southeastern Wisconsin, shall be installed and maintained so as to present an attractive appearance in all court and yard areas in accordance with generally accepted landscaping practices in Southeastern Wisconsin.
(2) 
Lawn maintenance.
(a) 
Unless granted a permit for a natural lawn from the Planning Commission under § 351-6F(3) of this Code, grass shall be maintained by the responsible person at a height not to exceed nine inches.
(b) 
Plantings on private property, including, but not limited to, grasses, trees and shrubs, shall be maintained so as not to present hazards to persons or vehicles traveling on public rights-of-way and shall be maintained so as to enhance the appearance and value of the property on which located, and thereby enhancing the appearance and value of abutting property, the neighborhood and the City.
(c) 
Maintenance by the responsible person of lands between the property line and the curb or traveled portion of the street abutting the premises shall, unless a natural lawn permit has been granted under § 397-5 of this Code, be limited to maintenance of turf grass planted in such area. Such grass shall be maintained by the responsible person at a height not to exceed nine inches.
(d) 
All plantings, other than turf grass, abutting an improved City right-of-way (i.e., a City right-of-way that has been improved by the placement of a concrete or asphalt sidewalk, drive approach, carriage walk, street, or roadway) shall be maintained back at least six inches horizontally from such improved City right-of-way. All plantings, including but not limited to turf grass, within five feet of an improved City right-of-way shall also be maintained at a height not greater than nine inches to maintain adequate vision clearance and to avoid interference with pedestrian and vehicle passage.
(3) 
Natural lawn permit.
(a) 
An application for a natural lawn permit on privately owned property, if desired, shall be made by the responsible person on a form provided by the City.
(b) 
The application shall state with specificity the dimensions of the area for which a permit is sought, along with a diagram showing the position of the area relative to sidewalks, driveways, streets, alleys, and other publicly owned rights-of-way. The application shall state the species, if ascertainable, and maximum height of the proposed grasses/plants. The application may be made without cost to the applicant.
(c) 
The application may be granted or granted with reasonable conditions unless it is determined by the Planning Commission that the granting will conflict with the purpose and intent of this chapter, in which event the application will be denied. A permit granted for a natural lawn shall be subject to the provisions in § 397-5 of this Code regulating the planting, cutting, pruning, or removal of any tree, shrub or plant by any person between any property line and the curb or traveled portion of the street(s) abutting the premises.
(d) 
Any person aggrieved by a determination by the Planning Commission under this subsection concerning a natural lawn permit may appeal such determination to the Board of Appeals within 20 days of the Planning Commission determination being appealed from.
(4) 
Weed Commissioner orders; compliance required. In the event that the responsible person fails to comply with an order of the Weed Commissioner to cut grass, or to trim any tree or shrub that the Weed Commissioner has determined to present an unreasonable hazard to persons or vehicles traveling on any public right-of-way, the Weed Commissioner may cause or direct such grass to be cut and/or such tree/bush to be trimmed or removed to the extent reasonably necessary to abate the unreasonable hazard to persons or vehicles traveling on the public right-of-way at the property owner's expense. In the event of nonpayment, the City's costs shall be assessed against the property as a special charge as provided in § 66.0627, Wis. Stats.
(5) 
The provisions of this subsection shall be deemed to be in addition to the provisions of § 397-5 of this Code, but shall not be deemed to apply to any planter or plantings placed and/or maintained on public property by any department or agency of the state, county, or City.
G. 
Firewood storage. Firewood, for personal use only, may be kept on residentially zoned or used property. It shall be stored in straight, orderly piles which are raised a minimum of eight inches off the ground, which are not more than four feet in height, which are not in the "front yard" as defined in the Zoning Ordinance,[1] and which are no closer than four feet to a dwelling.
[1]
Editor's Note: See Ch. 455, Zoning.
H. 
Exterior storage. Exterior storage is subject to all required reviews, approvals and permits under the Zoning Code and any applicable screening requirement. When required, screening shall be maintained in good repair. Exterior storage is prohibited on residentially zoned or used property.
I. 
Exhaust vents. Pipes, ducts, conductors, fans, blowers or other exhaust vents shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon public or private property or that of another tenant on the same premises.
J. 
Accessory buildings/structures. All accessory buildings and structures, including windows and doors which are a part thereof, shall be maintained such that they are structurally sound, in good repair, reasonably weathertight, watertight, and rodent-proof. Responsible persons shall not permanently remove any door or window except to board up a door or window by removing existing trim, installing framing as necessary, and siding to match the existing siding.
K. 
Fences. All fences permitted under the Code of Ordinances shall be maintained in good repair, be structurally sound and plumb. Fence surfaces shall be free of rust, corrosion, deterioration, decay, missing parts, and peeling, flaking and chipped paint. Wood surfaces, other than decay-resistant wood, must be protected from the elements and decay by painting or other protective covering or treatment.
L. 
Graffiti. No owner or occupant of any building or structure shall allow graffiti to be placed or remain upon any building or structure where such graffiti is visible from the street or from any other public or private property. The provisions of this section shall be construed to be in addition to the responsibilities of an owner set forth in § 338-15E of this Code concerning graffiti.
No owner or occupant of any building or structure in the City shall allow or permit the exterior of such building or structure to deteriorate or remain in a condition that does not comply with the provisions of this section.
A. 
Exterior walls, surfaces, and repairs. All exterior walls and surfaces, including, but not limited to, decorative features and overhang extensions, doors, door and window frames, cornices, porches and trim, shall be maintained in good repair. All exterior surfaces shall be free from decay, missing parts, serious cracking, irregularities, and peeling, flaking and chipped paint. Flaking and chipping paint, when removed, shall be collected and stored in containers and disposed of in accordance with federal and state law. Exterior wood surfaces, other than decay-resistant woods that have not had paint or other preservatives applied to them, shall be protected from the elements and decay by painting or other approved protective covering or treatment. An approved protective covering shall mean brick, stone, painted or stained wood, vinyl, aluminum, stucco, or comparable material commonly used in the building industry for like purposes. Peeling, flaking and chipped paint shall be eliminated and affected surfaces treated and repainted in a workmanlike manner. 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 watertight. All surface repairs shall be completed to closely match the existing surface color and texture.
B. 
Street numbers. All dwellings and buildings in the City of St. Francis shall be numbered in accordance with § 198-13 of this Code.
C. 
Structural members. All structural members shall be maintained structurally sound, in good repair, and be capable of safely supporting the imposed loads.
D. 
Foundation walls. All foundation walls shall be maintained structurally sound, plumb and free from open cracks and breaks, in good repair, and shall be kept in such condition so as to prevent the entry of rodents.
E. 
Exterior walls. All exterior walls shall be maintained structurally sound, free from holes, breaks, loose or rotting materials, in good repair, and maintained weatherproof. Responsible persons shall not remove any door or window in a residential dwelling, except to board up a door or window not required for light or ventilation by removing existing trim, installing framing as necessary and siding to match the existing siding. All repairs shall be completed in a workmanlike manner to match the existing materials, architecture and colors. The Building Inspector shall approve all methods used to board up any windows or doors in commercial, manufacturing or industrial buildings.
F. 
Roofs and drainage. The roof and flashing shall be maintained structurally sound, tight and not have defects that admit water. The roof coverings shall be in good repair, free from wear and tear, storm damage and missing components. All repairs shall be made to closely match the type and color of the existing roof. 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 be discharged as provided in § 345-7 of this Code.
G. 
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. Any missing parts shall be replaced with matching parts.
H. 
Overhang extensions. All canopies, marquees, signs, metal awnings, fire escapes, standpipes, exhaust ducts and similar overhang extensions shall be maintained structurally sound and in good repair with proper anchorage.
I. 
Stairways, decks, porches, ramps and balconies. Every exterior stairway, deck, porch, ramp, 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. Any new or replacement stairways, decks, porches, ramps and balconies shall be installed in accordance with the applicable requirements of the Wisconsin Administrative Code as amended from time to time.
J. 
Handrails/guardrails.
(1) 
Requirements. Every stairway, deck, porch, ramp and balcony with more than three risers or where more than 24 inches above grade, shall have handrails/guardrails installed which are in good repair. "Good repair" shall mean structurally sound, with proper anchorage, and capable of supporting projected loads.
(2) 
Maintenance. Every handrail/guardrail installed shall be maintained so as to be in good repair. Every handrail/guardrail installed shall be replaced if destroyed and repaired if not in good repair.
(3) 
Standards for handrails. Handrails shall be installed in accordance with the following standards:
(a) 
One-family and two-family dwelling units: thirty-inch minimum height; thirty-eight-inch maximum height.
(b) 
Multifamily dwellings of three or more units: thirty-four-inch minimum height; thirty-eight-inch maximum height.
(c) 
Handrails shall be measured vertically from the nosing of the tread.
(d) 
Handrails shall be continuous without interruption by newel posts, other structural elements or obstructions. Handrails may be interrupted by a newel post at a turn or landing in a stairway.
(e) 
Handrails shall have intermediate rails on open-sided floor areas. The rails shall be balusters or be of solid material such that a sphere with a diameter of four inches cannot pass through any opening. Plywood and latticework are not permitted in replacement or new intermediate rails.
[1] 
This standard shall not apply to intermediate rails installed prior to 2005 that are in good repair, and that have balusters or are of a solid material such that a sphere with a diameter of six inches cannot pass through any opening.
(4) 
Standards for guardrails. Guardrails shall be installed in accordance with the following standards:
(a) 
One-family and two-family dwelling units: no less than 36 inches in height.
(b) 
Multifamily dwellings of three or more units: no less than 42 inches in height.
(c) 
Guardrails shall be measured vertically above the leading edge of the tread or adjacent walking surface.
(d) 
Guardrails shall have intermediate rails on open-sided floor areas. The rails shall be balusters or be of solid material such that a sphere with a diameter of four inches cannot pass through any opening. Plywood and latticework are not permitted in replacement or new intermediate rails. This standard shall not apply to intermediate rails installed prior to 2005 that are in good repair, and that have balusters or are of a solid material such that a sphere with a diameter of six inches cannot pass through any opening.
K. 
Chimneys, towers and antennas. All chimneys, cooling towers, smokestacks 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. All masonry joints shall be filled solid and devoid of any cracks or gaps.
L. 
Windows. Every window, storm window, skylight and screen window, including the frames shall be kept in sound condition, good repair and weathertight.
(1) 
Glazing. All window glazing materials shall be maintained free from cracks and holes.
(2) 
Operable windows. Every window, other than a fixed window, shall be easily operable, capable of being held in position by existing window hardware, and have locking devices in good repair and good working order.
(3) 
Insect screens. During the period from April 15 to October 15, every operable window, every door and other outside openings required for ventilation of habitable rooms, food preparation areas, food service areas, and any area where products to be included or used in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with tightly fitting screens of not less than 16 mesh per square inch and every swinging door shall have a self-closing device in good repair and good working condition. The use of half screens or interior type temporary screens is prohibited.
M. 
Doors. All exterior doors, door assemblies and hardware shall be maintained in good working condition and in good repair. Exterior doors, when closed, shall fit reasonably well within the frame. Latches at all exterior doors to dwelling units shall tightly secure the door.
N. 
Security maintenance. All building security locks and any related intercom communication systems shall be maintained and kept in good working condition and good repair.
O. 
Basement hatchways. Every basement hatchway shall be maintained in good repair and to prevent the entrance of rodents, rain and surface drainage water.
P. 
Guards for basement windows. Every basement window that is designed to be opened shall have storm windows or other approved protection against the entry of rodents, in good working condition and in good repair.
No owner or occupant of any residential building in the City shall allow or permit the interior of such building to deteriorate or remain in a condition that does not comply with the provisions of this section.
A. 
Interior wall, ceiling and floor surfaces and repairs. All interior wall, ceiling and floor surfaces, including, but not limited to, windows and doors, shall be maintained in good repair. All such surfaces shall be free from serious cracking, irregularities and peeling, flaking and chipped paint. A waterproof and hard surface shall be provided in spaces subject to moisture. All surface repairs shall be completed to closely match the existing surface color and texture. Floor surfacing shall provide ease of maintenance and durability appropriate for the use of the room.
B. 
Structural members. All structural members shall be maintained structurally sound, in good repair, and be capable of supporting the imposed loads.
C. 
Toilet room compartment and bathroom flooring. Every toilet room floor surface and bathroom floor surface shall be properly constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.
D. 
Stairs and walking surfaces. All interior stairs and railings, ramps, balconies, porches, decks and other walking surfaces shall be maintained in a structurally sound condition, in good repair, with proper anchorage and capable of supporting the imposed loads.
E. 
Handrails and guardrails. Every handrail and guardrail shall be maintained so that it is structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
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. 
Equipment, appliance and utility installation and maintenance. Every piece of equipment, appliance and utility shall be so constructed, installed and maintained so that it will be in good repair and in a good working condition. Any piece of equipment or appliance not in good working condition, which is supplied by the responsible person, shall be repaired or removed by the responsible person. It shall be the responsibility of the tenant or occupant to maintain supplied equipment, appliances and utilities, in a clean and sanitary condition when contained within the tenant's/occupant's dwelling unit.
H. 
Sanitary conditions. The responsible person shall maintain the common areas of his/her premises in a reasonably clean, safe and sanitary condition. A person shall not occupy any premises, or permit another person to occupy any premises that does not comply with the requirements of this chapter. Occupants (including both owner occupants and tenants) of premises shall be responsible for caring for and maintaining in a reasonably clean, safe, and sanitary condition that part of the premises that they occupy and control. All responsible persons and occupants (including owner occupants and tenants) shall be jointly and severally responsible for securing compliance of their premises with this Code.
The owner and occupant of any building, structure, or premises in the City shall be responsible for complying with the provisions of this section. Responsibility for complying with the provisions of this section shall be construed to be in addition to any responsibility imposed under Chapter 386, (Solid Waste,) and § 455-40 (Sanitation and related storage,) of this Code.
A. 
Waste containers with tight-fitting lids shall be provided for both residential and nonresidential property for the collection of waste until such waste is removed from the premises for disposal.
B. 
Waste containers and dumpsters shall be of a number and size to adequately handle the waste generated by the occupant(s) of the premises.
C. 
The responsible person shall be responsible for preventing or correcting any overflow of waste from the waste containers or dumpsters.
D. 
All dumpsters shall be placed on a hard paved surface.
E. 
When required by the City, enclosures for waste containers and dumpsters shall be installed and maintained in accordance with approved plans.
F. 
Waste containers and dumpsters shall be maintained in sound structural condition and in good repair.
G. 
Except for the day of collection, waste containers and dumpsters shall be stored every day, at any location on private property which is enclosed, or stored in a dwelling or structure, or located in the rear or side yard for the dwelling or structure.
H. 
Waste containers and dumpsters shall be located so as not to create a nuisance.
A. 
General.
(1) 
Scope. The provisions of this section and Chapter 345, (Plumbing Standards,) of this Code shall govern the minimum requirements and standards for plumbing systems, facilities and fixtures in structures.
(2) 
Responsibility. The responsible person of the structure shall provide and maintain plumbing systems facilities, and fixtures that are properly installed, in good repair, in good working condition, kept free from obstructions, leaks and defects, and capable of performing the function for which such plumbing fixtures are designed.
B. 
Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross-connection, back-siphonage, improper installation, deterioration or damage or for similar reasons, the Building Inspector shall require the defects to be corrected to eliminate the hazard.
A. 
General.
(1) 
Scope. The provisions of this section shall govern the minimum requirements and standards for mechanical and electrical facilities and equipment in structures.
(2) 
Responsibility. The responsible person of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with this section.
(3) 
Prohibition. No person shall occupy or permit another person to occupy any structure that does not comply with the requirements of this Code. No responsible person shall cause any mechanical or electrical service, facility or equipment which is required under this Code to be removed from, shut off from or discontinued from any occupied dwelling, dwelling unit or lodging room let or occupied by him/her, except for temporary interruption as may be necessary while actual repairs are in process, or during such temporary emergencies when discontinuance of service is approved by the Building Inspector.
B. 
Heating facilities and equipment.
(1) 
Facilities and equipment required. The owner of any building or structure in the City shall be responsible for providing heating facilities and equipment as required by this section.
(2) 
Residential occupancies. Dwellings and dwelling units shall be provided with heating facilities and equipment capable of maintaining a room temperature of 68° F. in all habitable rooms, bathrooms and toilet rooms when the outside temperature is at or above 0° F. and 60° F. when the outside temperature is below 0° F.
(3) 
Heat supply. Every responsible person for any structure who lets one or more dwelling units, lodging units on terms, either expressed or implied, to furnish heat to the occupants thereof, shall supply heat to maintain a temperature of not less than 68° F. in all habitable rooms, bathrooms, and toilet rooms when the outside temperature is at or above 0° F. and 60° F., when the outside temperature is below 0° F.
(4) 
Central heating system requirements. Every central heating system shall comply with the Wisconsin Administrative Code, when applicable. It shall also comply with the following requirements:
(a) 
The central heating system shall be in good repair and good working condition.
(b) 
Every heat duct, steam pipe and hot-water pipe shall be free of leaks and shall function so that an adequate amount of heat is delivered where intended.
(c) 
Every seal between the sections of a warm air furnace shall be tight, so noxious gases will not escape into heat ducts.
C. 
Electrical facilities.
(1) 
Facilities required. The owner of any occupied structure in the City shall provide an electrical system in compliance with the requirements of this section.
(2) 
Service. Every dwelling and dwelling unit shall be served by a main service that is not less than 60 amperes, three wires and protected with fuses or circuit breakers. The size and usage of electrical appliances shall serve as a basis for determining the need for additional facilities in accordance with NFPA 70.
(3) 
Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the Building Inspector shall require the defects to be corrected to eliminate the hazard.
(4) 
Installation. All electrical equipment, wiring and appliances shall be properly installed and maintained in good repair, in good working condition and be capable of performing the intended function, all in accordance with Chapter 237, (Electrical Standards,) of this Code.
A. 
Boarding. Any vacant structure that has been damaged by fire, water, wind, animals; vandalized; and/or unfit for habitation or occupancy shall be secured as follows:
(1) 
At least one door boarded and secured at the grade level shall be maintained with locks and hinges to permit entry for inspection purposes.
(2) 
All doors and windows on ground level and those doors and windows accessible to grade by stairs or permanently fixed ladders within 10 feet of grade shall be boarded and secured, unless directed otherwise by the Building Inspector.
(3) 
Boards shall be cut to fit door and window openings, and screws at least two inches in length shall be used to fasten boards to the structure. One-half-inch or three-quarter-inch wood or plywood shall be used.
(4) 
The boarded material shall be painted to match the trim or siding color of the structure or be painted flat white.
(5) 
Alternate methods of boarding may be permitted upon written approval by the Building Inspector.
B. 
Fencing. When any structure has been damaged by fire, water, illegal entry, or other cause; when hazardous or dangerous conditions exist; and, when such structure cannot be secured by conventional locking or boarding up windows and doors, such structure shall be fenced off so as to prevent access and entry to the structure and the area immediately surrounding the structure within 24 hours of the damage.
C. 
Prohibition. No person or party shall board or fence a structure contrary to the standards contained in this section.
D. 
Special charge. In the event the responsible person fails to comply with an order of the Building Inspector to secure the structure in accordance with the standards for securing structures set forth in this Code, where applicable, the Building Inspector shall have the structure properly secured. Costs incurred by the City in securing the structure shall be levied against the benefited property as a special charge pursuant to § 66.0627, Wis. Stats.
A. 
No person, either as owner, lessee, occupant or otherwise, shall store or deposit, or cause or permit to be stored or deposited, any abandoned, junked, discarded, dismantled or unregistered motor vehicle in and upon any private property, street or government property within the City of St. Francis.
B. 
For purposes of this chapter, the term "abandoned, junked, discarded, dismantled, inoperable or unregistered motor vehicle" means any vehicle:
(1) 
That is incapable of being self-propelled upon the public streets;
(2) 
Whose owner(s) cannot be identified; or
(3) 
That is without current license plates.
C. 
Exceptions. This section shall not apply to the following:
(1) 
Any motor vehicle or motorcycle fully located within a private garage.
(2) 
A duly licensed automobile salvage dealer.
(3) 
A duly licensed dealer in used vehicles.
(4) 
A motor vehicle located on premises wherein lawful automobile repair takes place.
(5) 
A collector vehicle being stored for the purpose of appreciation, or an antique vehicle that is 20 or more years old, when stored in an enclosed building not in public view.
D. 
Removal.
(1) 
Authority to tow. Subject to the procedures hereinafter set forth, such motor vehicles may be towed and stored by the Police Department, at the cost and expense of the owner thereof. Unclaimed towed vehicles may be disposed of by towers through means and procedures authorized by law.
(2) 
Notice of intent to tow; parking on private property.
(a) 
The owner of a motor vehicle which is upon private property with the consent of the owner of the private property shall be notified of a violation of this section and provided with 10 full calendar days to repair, assemble, make the vehicle operable and roadworthy and license any vehicle which may not be licensed or in the alternative place such vehicle within a duly authorized and licensed sales, repair or salvage business lawfully operating within a properly zoned area and in compliance with all state and local laws, rules, regulations, licenses and permits. Failure to comply with this provision will subject the owner of the motor vehicle to the penalties described herein.
(b) 
The owner of a motor vehicle that is upon private property without the consent of the owner of the private property shall be notified of a violation of this section through the posting of a notice on the vehicle and provided with 72 hours to remove the vehicle. Failure to remove the vehicle after 72 hours of such notice will be deemed to be vehicle abandonment within the meaning of § 342.40, Wis. Stats., and will be subject to the penalties applicable to vehicle abandonment under Wisconsin law and the City of St. Francis Code, and to the penalties described herein.
(3) 
Notice of intent to tow; public property and rights-of-way. The owner of such motor vehicle which is upon public property or rights-of-way shall be notified of a violation of this section and provided with 24 hours to repair, assemble, make the vehicle operable and roadworthy and license any vehicle or place such vehicle in a garage or enclosed structure or place such vehicle within a duly authorized and licensed sales, repair or salvage business lawfully operating within a properly zoned area and in compliance with all state and local laws, rules, regulations, licenses and permits.
(4) 
Service of notice of intent to tow; computation of time; private property.
(a) 
If the owner of a motor vehicle which is upon private property as described in Subsection D(2) above can be reasonably determined, service of the notice of intent to tow shall be attempted thereon, by personal service, verified by an affidavit of service or by registered or certified mail with return receipt, and, in addition thereto, a stick-on or otherwise waterproofed and fastened notice of intent to tow shall be posted on the motor vehicle, which notice shall be deemed adequate notice in the event that there is no service of notice of intent to tow by personal service or return receipt from registered or certified mail. The ten-day time limit provided to procure voluntary compliance with this section shall commence to run the day after the notice of intent to tow is posted on the motor vehicle.
(b) 
If the owner of a motor vehicle which is upon private property as described in Subsection D(2) above cannot be reasonably determined, a stick-on or otherwise waterproofed and fastened notice of intent to tow shall be posted on the motor vehicle, which notice shall be deemed adequate notice. The seventy-two-hour time limit provided to procure voluntary compliance with this section shall commence to run the day after the notice of intent to tow is posted on the motor vehicle.
(5) 
Service of notice of intent to tow; computation of time; private property, streets, alleys and rights-of-way. If the owner of such a motor vehicle which is upon any public property, street, alley or right-of-way can be reasonable determined, said owner shall be given oral and/or written notice of intent to tow, and in addition thereto a stick-on or otherwise waterproofed and fastened notice of intent to tow shall be posted on the motor vehicle, which notice shall be deemed adequate in the event that there is no oral and/or written notice of intent to tow provided to the motor vehicle owner. The twenty-four-hour time limit provided to procure voluntary compliance with this section shall commence to run at such time as the motor vehicle is posted.
(6) 
Extensions of time. The Police Department, for good cause, upon the motor vehicle owner's request, may grant a reasonable extension of any time limit imposed herein to enable a motor vehicle owner to voluntarily comply with this section.
(7) 
Other ordinances and laws. Such a motor vehicle may be towed under authority of any other ordinance or law pursuant to procedures therein specified, where a tow is authorized by another ordinance or law for reason other than a violation of this section.
(8) 
Non-tolling of period of time provided to comply with this section. The period of time with which an owner of a motor vehicle is provided hereunder to comply with this section in order to avoid a tow shall not be tolled by the fact of a temporary removal of said vehicle from the place whereupon the violation of this section was noticed to occur under circumstances where the vehicle continues to be such a motor vehicle.
(9) 
Sanction for noncompliance. The owner of such motor vehicle who fails, in a timely manner, to comply with this section shall be subject to having his motor vehicle towed and stored at his expense and shall, as hereinafter provided, be subject to a money forfeiture and to potential imprisonment as provided for in § 351-17 of this chapter should a court-imposed forfeiture not be paid in a timely manner. Each day of violation of this section shall be deemed a separate offense. A citation for a violation of this section is not a precondition to such a motor vehicle being towed under authority of this section.
(10) 
Hearing. The notice of intent to tow shall provide the owner of such motor vehicle with an opportunity to request a hearing before a designee of the Police Chief to enforce this section. Where a hearing is requested within the time provided for compliance in the notice, no action shall be taken to tow the vehicle or issue a citation hereunder until the hearing is held. However, said owner may be required to appear for a hearing to be scheduled within 24 hours of the request. The failure of the owner to appear at a scheduled hearing shall constitute a waiver of said right to a hearing.
(11) 
Appeal. Appeal shall be as hereinafter provided, the City electing not to be governed by Ch. 68, Wis. Stats. An aggrieved party desiring to appeal from a hearing determination under Subsection D(10) may file a written notice of appeal, which must be received by the Police Department prior to the expiration of the time for compliance with this section provided for in the notice of intent to tow. The notice of appeal shall state the error alleged in the initial decision and shall provide the address and phone number of the appellant. The appeal shall be heard by the City Attorney or his or her designee. The review shall be upon the record and a written determination affirming or denying the initial decision maker shall be made. No vehicle shall be towed until the appeal process is completed, and then only where the decision of the initial decision maker finding a violation of this section is upheld, and only after the appellant has been notified of the appeal decision and given at least 24 hours to comply with this section. Further appeal shall be to the Circuit Court. However, such appeal shall not stay enforcement of this section, except by injunction of the Circuit Court.
(12) 
Notice of towing. Where such a motor vehicle is towed hereunder and where the owner and owner's address of the towed vehicle is known or reasonably ascertainable to the person who authorized the tow, said owner shall be provided notice, either personally or by regular mail, that the vehicle has been towed by a certain tower to a certain location. The owner shall be provided with the tower's phone number and advised that the vehicle should be claimed therefrom, upon payment of the appropriate towing and storage charges, as soon as possible, for daily storage charges are accumulating. The notice shall also indicate that the vehicle may be disposed of by the tower, to recoup such charges, in a manner and through a procedure authorized by law.
(13) 
Agreement to defend, indemnify and hold harmless. The City will defend or pay for the defense of any tower towing under this section and will indemnify and hold harmless any tower towing under this section from any loss, damages, costs or expenses which he may sustain, incur or be required to pay should any person or party make claim or commence a lawsuit against any such tower where the basis for the claim or lawsuit is an allegation that this section is unconstitutional on its face or in its application. A prerequisite for the above City obligation is written notice by a tower of a claim or lawsuit to the City Clerk within five days of the receipt thereof and a tender of the defense thereof to the City.
No person shall have or permit on any premises owned or occupied by him any open cisterns, cesspools, wells, unused basements, excavations or other dangerous openings. All such places shall be filled, securely covered or fastened in such manner as to prevent injury to any person; and any cover shall be of such design, size and weight that the same cannot be removed by small children.
No person shall discard or abandon any refrigerator, icebox or deep freeze locker, having a capacity of 1 1/2 cubic feet or more, that is no longer in use, and that has not had the door removed, or such portion of the latch mechanism removed to prevent latching or locking of the door. No owner, lessee or manager shall knowingly permit such a refrigerator, icebox or deep freeze locker to remain on premises under his or her control without having the door removed, or such portion of the latch mechanism removed to prevent latching or locking of the door.
A. 
Definitions. As used in this section, the following terms shall have the meaning indicated:
HARDWARE CLOTH
Wire screening of such thickness and spacing as to afford reasonable protection against the entrance of rats and mice.
OWNER or MANAGER
The owner is the title holder of record. The manager is the one in actual possession, charge, or control of any property within the City as tenant, agent, trustee, guardian, executor or administrator. Notice to a manager shall be good and sufficient notice both as to the manager and the owner.
RAT HARBORAGE
Any place where rats can live and nest without fear of frequent molestation or disturbance.
RATPROOF CONTAINER
A container constructed of concrete or metal or a container lined with metal or other material that is impervious to rats, and openings into the container such as doors shall be tight-fitting to prevent the entrance of rats.
RATPROOFING
Shall consist of closing openings in building foundations and openings under and around doors, windows, vents, and other places which could provide means of entry for rats, with concrete, sheet iron, hardware cloth or other types of ratproofing material approved by the Health Officer/Public Health Administrator.
B. 
Elimination of rat harborages. Whenever accumulations of boxes, lumber, scrap metal, car bodies, or any other materials provide rat harborage, the person, firm or corporation owning or in control of such materials shall cause the materials to be removed, or the materials shall be stored so as to eliminate the rat harborage. Lumber boxes and similar materials shall be neatly piled. These piles shall be raised at least a foot above the ground. When the owner of the materials cannot be found after reasonable search, the owner or manager of the premises on which the materials are stored shall be responsible for disposal, or proper piling, of the materials.
C. 
Elimination of rat feeding places. No person, firm or corporation shall place, or allow to accumulate, any materials that may serve as a food for rats in a site accessible to rats. Any waste material that may serve as food for rats shall be stored in ratproof containers. Food for birds shall be placed on raised platforms, or such feed shall be placed where it is not accessible to rats.
D. 
Extermination. Whenever rat holes, burrows, or other evidences of rat infestation are found on any premises or in any building within the City, it shall be the duty of the owner or manager of such property to exterminate the rats or to cause the rats to be exterminated. Within 10 days after extermination, the owner or manager shall cause all of the rat holes or burrows in the ground to be filled with earth, ashes or other suitable material.
E. 
Ratproofing. It shall be the duty of the owner or manager of any building in the City of St. Francis to make such building reasonably ratproof, to replace broken basement windows and when necessary to cover the basement window openings with hardware cloth or other suitable material for preventing rats from entering the building through such window openings. The owner or manager of any premises upon which sheds, barns, coops or similar buildings are located shall eliminate the rat harborages from within and under such buildings by ratproofing, raising the buildings above the ground, or by some other suitable method.
To compensate the City for inspection and administrative costs related to the enforcement of this chapter, an escalating fee established by the Common Council through resolution may be charged for any reinspection following the initial inspection which resulted in an order for corrective action and the first reinspection to determine compliance with an order for corrective action issued hereunder. There shall be no reinspection fee for a final inspection indicating compliance or for a reinspection occurring during the period of an approved time extension granted for good cause and involving a good faith effort on the part of the property owner to comply with the order. Reinspection fees that are not paid by or on behalf of the property owner within 30 days of mailing of an invoice to the property owner of record on the City tax roll shall be delinquent and shall be charged and collected as a special charge against the real estate upon which the reinspections were made in accordance with § 66.0627, Wis. Stats., and shall be a lien upon the real estate until paid in full.
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-4 of this Code.