[HISTORY: Adopted by the Common Council of the City of Mayville 4-14-2003
by Ord. No. 940-2003 (§ 11.08 of the 1989 Code).
Amendments noted where applicable.]
A.Â
The Common Council has found that maintenance of buildings,
structures and premises in the City of Mayville affects the health, safety,
and general welfare of the residents of the community. The general purpose
of this chapter is to protect and enhance the public health, safety, and general
welfare of the residents of the City by establishing minimum standards for
maintenance of buildings, structures and premises.
B.Â
To further its general overall purpose, this chapter
has the following specific objectives:
(1)Â
To protect the character and stability of all areas within
the City.
(2)Â
To provide minimum standards of maintenance necessary
to protect the health, safety and general welfare of persons occupying or
using land, buildings and structures in the City.
(3)Â
To provide minimum standards for the exterior maintenance
of all land, buildings and structures and to thus prohibit the spread of slums
and blight.
(4)Â
To declare that land, buildings, structures and adjacent
property which have become or are becoming deteriorated, dilapidated, neglected,
fire hazards, a vermin or rodent harborage, or unsanitary may constitute public
nuisances, fail to meet the standards of this chapter and are detrimental
to the health, safety and general welfare of the residents of this community.
(5)Â
To preserve the value of land, buildings and structures
throughout the City.
A.Â
This chapter shall be known as the "Property Maintenance
Ordinance for the City of Mayville."
B.Â
This chapter shall apply to all land, buildings and structures
in the City, without regard to its class or its date of construction, alteration,
or repair. The owner and operator of the same shall be responsible for ensuring
that the land, buildings and structures conform to the requirements of this
chapter.
This chapter is not intended to replace or modify standards otherwise
established for the construction, replacement or repair of buildings and structures.
However, in the event of any inconsistency or conflict between the provisions
of this chapter and any other existing ordinance, the more restrictive provisions
shall apply.
For the purpose of this chapter, the following words and phrases will
be defined as follows:
A structure, the use of which is incidental to that of the main building
and which is attached thereto or located on the same premises.
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.
A combination of materials to form a construction adapted to permanent
or temporary use for residence, business or storage.
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.
Any structure designed for use by human occupants for sleeping and
living purposes, whether occupied or vacant.
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 or trapping;
or by any other recognized and legal pest elimination methods approved by
the Health Officer or County Health Department.
An independent structure forming a barrier at grade or between lots,
between a lot and a street or an alley, or between portions of a lot or lots
and includes a wall or lattice-work screen but excludes a hedge or natural
growth or a barrier of less than 18 inches in height which is used to protect
plant growth.
All waste, animal, fish, fowl or vegetable matter incident to and
resulting from the use, preparation and storage of food for human consumption.
The presence of insects, rodents, vermin or other pests on the premises
which constitute a health hazard.
Any old or scrap metal, metal alloy, synthetic or organic material
or waste, or any junked, ruined, dismantled or wrecked motor vehicle or machinery,
or any part thereof, whether salvageable or not. An unlicensed motor vehicle,
at the discretion of local law enforcement officers, may be construed to be
a junked motor vehicle.
Any public nuisance known at common law or in equity jurisprudence or
as provided by the statutes of the State of Wisconsin or in the ordinances
of the City of Mayville.[1]
Any attractive nuisance which may prove detrimental to the health or
safety of children in a building, on the premises of a building, or upon an
unoccupied lot. This includes, but is not limited to, basements, excavations,
abandoned iceboxes, refrigerators and motor vehicles, any structurally unsound
fences or structures, lumber, trash, debris or vegetation such as poison ivy
or oak sumac which may prove a hazard for inquisitive minors.[2]
Any person occupying or having use of a building, structure or premises
or any part thereof.
Any person who has charge, care or control of a building, structure
or premises or a part thereof.
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
an employee or agent of the title holder or who shall be trustee or guardian
of the estate or person of the title holder. For purposes of providing notice
under this chapter, the City may rely on the presumption that the owner is
the person or persons designated on the tax roll with respect to the premises.
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 associations, the word shall include
the partners or members hereof, and as to corporations, the word shall include
the officers, agents or members thereof who are responsible for any violation
of such section.
Includes land, buildings, structures or any part thereof.
All solid waste (except body waste), including but not limited to
garbage, rubbish, ashes, street cleanings, abandoned, nonlicensed or inoperable
motor vehicles and solid market and industrial wastes.
To restore to a state of operation, serviceability or appearance
in conformity with this chapter.
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.
Miscellaneous waste material, combustible and noncombustible, resulting
from housekeeping and ordinary mercantile enterprises, and includes but it
not limited to boxes, cartons, excelsior, paper, ashes, cinders, tin cans,
bottles and broken glass, rubber, grass clippings, brush, leaves and garden
plants.
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.
All buildings which do not conform to the minimum standards established
by this chapter and by any other provisions of this Code or by the State of
Wisconsin Administrative Code.
Deterioration, decay, or damage by exposure to the elements.
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.
A.Â
Each owner of land, buildings and structures (collectively
"premises") shall have an independent responsibility for compliance. All owners
shall be jointly and severally responsible for performance of the duties and
obligations prescribed in this chapter. No owner shall be relieved from any
such duty or obligation because another person is also responsible for performance
of such duty or obligation. No owner shall be relieved from liability under
this chapter because said person has contracted said responsibility to an
operator or other person.
B.Â
Operators of land, buildings and structures (collectively
"premises") in the City shall also have responsibility for compliance. Operators
shall be jointly and severally responsible with owner(s) for performance of
the duties and obligations prescribed in this chapter.
A.Â
Maintenance and appearance of exterior of buildings and
structures.
(1)Â
The exterior of buildings and structures shall be free
of all nuisances, unsanitary conditions, and hazards to the safety of occupants,
pedestrians and other persons utilizing the premises.
(2)Â
The exterior appearance of all buildings and structures
shall reflect a level of maintenance in keeping with the standards of the
neighborhood and shall not constitute a blighting factor or an element leading
to the progressive deterioration of the neighborhood.
(3)Â
Exterior porches, landings, balconies, stairs and fire
escapes shall be provided with banisters or railings properly designed and
maintained to minimize the hazard of falling, and the same shall be kept structurally
sound, in good repair and free of defects.
(4)Â
The exterior of every building and structure, including
fences and retaining walls, shall be maintained in good repair, and all surfaces
thereof shall be kept painted as necessary for purposes of preservation and
appearance. Buildings and structures shall be maintained free of broken, lose
shingles, crumbling stone or brick, excessive peeling paint or other conditions
reflective of deterioration or inadequate maintenance.
(5)Â
Every dwelling and accessory structure, exterior walls,
siding and roofs shall be kept structurally sound and in a state of good repair
to avoid safety, health or fire hazards and shall be so maintained as to be
weathertight and watertight.
(6)Â
Every building and structure 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.
Owners and operators shall be responsible for the extermination of such vermin
from that part of the premises under their exclusive control.
(7)Â
Every building shall have adequate refuse, garbage or
rubbish storage facilities. No owner or operator shall allow occupants to
accumulate rubbish, boxes, lumber, metal refuse or other materials which may
provide a harborage for rodents or vermin.
B.Â
Maintenance and appearance of land.
(1)Â
The land surrounding the buildings and structures shall be kept free of hazards and clear of debris, including but not limited to brush, weeds, broken glass, stumps, roots, obnoxious growths, filth, garbage, trash, refuse, old tires and junk. The sole exception is where said debris has been properly placed for pickup by the waste disposal contractors or by City personnel for scheduled brush pickup. This subsection shall not apply to the storage of junk, certain vehicles and firewood which is in compliance with the requirements of § 303-6 of this Code.[1]
(2)Â
Except with prior application and approval of a land
management plan by the Plan Commission, yards shall be provided with adequate
lawn, ground cover or other acceptable decorative lawn treatments common in
the Dodge County area. Yards shall be trimmed to maintain a neat appearance.
Lawns allowed to grow six inches or taller shall be considered overgrown and
in violation of this chapter. Any temporarily exposed areas shall be treated
to prevent dust or the blowing or scattering of dust particles.[2]
(3)Â
Except with prior application to and approval of a land
management plan from the Plan Commission, and in addition to acceptable lawn
and ground cover, landscaping, plantings and other acceptable decorative treatments
common in the Dodge County area shall be installed in the yard and shall be
maintained in accordance with generally accepted landscaping practices in
the Dodge County area. Hedges, bushes and plantings shall be kept trimmed
and shall not be allowed to become overgrown and unsightly or allowed to obstruct
pedestrians' or vehicles' view.
(4)Â
Every yard, court, driveway or other portion of the land
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.
(5)Â
Application for natural lawn. Any owner/operator of land
in the City of Mayville may apply for approval of a land management plan for
a natural lawn, one where the grasses exceed six inches in height, with the
City Clerk. Approvals, conditional approvals or denials of the land management
plan shall be by majority vote of the Plan Commission.[3]
(a)Â
"Land management plan" means a written plan relating
to management of the lawn which contains a description of the area of the
lawn upon which the grass or ground covering will exceed six inches in height,
a statement of intent and purpose for said area, a general description of
the vegetational types, plants, and plant succession involved, and the specific
management and maintenance techniques to be employed. The land management
plan must include provisions for cutting at a length not greater than six
inches the terrace area (which is defined as that portion between the sidewalk
and the street or a strip not less than four feet adjacent to the street where
there is no sidewalk) and at least a three-foot strip adjacent to neighboring
property lines unless waived by the abutting property owner on the side so
affected.
(b)Â
Revocation of the land management plan. The land management
plan may be revoked for failure to comply with the general requirements of
this chapter, solely as modified by an approved land management plan. Notice
of intent to revoke a land management plan may be issued by majority vote
of the Plan Commission. The Plan Commission's decision may be appealed to
the Zoning Board of Appeals. All applications for appeal shall be submitted
within 15 days of notice of intent to revoke a land management plan or the
right of appeal shall be deemed waived.
(c)Â
Application requirements. Each application for a land
management plan shall be on a form provided by the City Clerk. The application
fee shall be set by resolution of the Common Council. A copy of the application
shall be mailed by the City Clerk or given personally by the City Clerk to
each of the owners of record, as listed in the office of the County Assessor,
who are owners of the property situated in whole or in part within 200 feet
of the boundaries of the properties affected. The City Clerk shall certify
that such owners have been duly notified. The notified property owners shall
have 15 days from the date of notice to file written objections to the application
with the City Clerk. Following said fifteen-day period, the City Clerk shall
refer the application materials and objections, if any, to the Plan Commission
for hearing and decision at the next regularly scheduled Plan Commission meeting.
The applicant and those property owners who filed written objections shall
be notified of the meeting. Notice shall be by the City Clerk mailing copies
of the agenda to said persons no less than five days prior to the meeting.
If there is insufficient time to mail such notice, the hearing and decision
shall be set over to the next subsequent meeting unless the applicant provides
written waivers of notice from the applicant and the objecting property owners.
(d)Â
Application for appeal. The owner or operator of land
in the City of Mayville may appeal a decision of the Plan Commission refusing
to grant a land management plan. The fee for appeals shall be set by resolution
of the Common Council. All appeals shall be to the Zoning Board of Appeals,
which shall hear such appeals as necessary, March through September. All applications
for appeal shall be submitted within 15 days of notice of denial of the land
management plan or the right of appeal shall be deemed waived.
C.Â
Application to all premises. This chapter applies whether
or not the premises is temporarily or continuously occupied or unoccupied,
inhabited or uninhabited, commercial or noncommercial, and whether or not
there is a structure, building or other improvement on the land.
A.Â
Upon receipt of a written and signed complaint or as
part of a systematic City-wide property maintenance inspection plan, the Building
Inspector and police officers are authorized and shall make inspections of
the exterior of the premises for the sole purpose of determining whether the
premises conforms to the requirements of this chapter.
B.Â
Prior to making such an inspection, the Building Inspector,
police officer or their designated representative shall give written notice
to the owner, operator or occupant of the premises. Notice may be given in
person and shall be deemed to have been given within five days of the date
notice has been deposited, postage paid, in the United States mail and addressed
to the name and address on the tax rolls for the premises.
C.Â
In the case of City-wide inspection, a Class 2 public
notice shall be published in the official newspaper informing property owners
of the inspection. A City-wide inspection shall not start until five days
have elapsed after the last publication of the public notice.
D.Â
Following such notices, the owner, operator and/or occupant
shall give the Building Inspector and/or police officer full access to the
land and the exterior of the buildings and structures so that the Building
Inspector and police officer are able to conduct an exterior inspection of
the premises. Failure of an owner, operator or occupant to permit such access
shall constitute a violation of this chapter and may also result in the Building
Inspector obtaining a special inspection warrant from the Dodge County Circuit
Court.
A.Â
The Building Inspector and police officers are hereby
made responsible for the enforcement of this chapter. All inspections, enforcement,
orders or matters relating to violations of this chapter shall be under their
direction and supervision. They may request such other public officials or
employees of the City to perform duties as they deem necessary to the enforcement.
B.Â
The Building Inspector and police officers shall be supplied
with official identification and shall exhibit such identification to the
owner, operator or occupant upon request.
If, following the initial inspection, the Building Inspector and police
officer determine that there are grounds to believe that there has been a
violation of any provisions of this chapter, notice of such violation shall
be given to the owner(s). The notice of violation shall:
A.Â
Be in writing.
B.Â
Indicate the nature of the alleged violation(s).
C.Â
Indicate the time for the correction or abatement of
the alleged violation and/or submission of a plan to correct the alleged violation,
which time shall not be less than 20 days nor more than 40 days.
D.Â
Be served upon the owner in the following manner:
(1)Â
Given to the owner by the Building Inspector, police
officer or their designated representative; or
(2)Â
Sent by certified mail to the owner's last known address,
as said address appears on the tax rolls. The certified mail receipt and an
affidavit of mailing shall be sufficient evidence of service, which service
shall be deemed effective within five business days of the date of mailing.
E.Â
Advise the owner of the owner's right to request a hearing
before the Plan Commission within five business days of the date of service
and further advise the owner that the owner's failure to make such a request
shall result in the notice of violation being deemed an order of violation.
A.Â
The Building Inspector and police officer shall cause
to be placed upon a building, structure or premises a "red tag" placard, which
shall provide notice of the violations, whenever all of the following occur:
(1)Â
Any building, structure or premises does not substantially
comply with the requirements of this chapter;
(2)Â
The Building Inspector and Police Department have given notice of the violations involved as provided for in § 332-9 herein;
(3)Â
The owner, occupant or operator has failed to timely
correct, or timely provide a satisfactory plan to correct, the violations
set forth in said notice; and
(4)Â
The Building Inspector and police have determined that
the building, structure, or premises is so damaged, decayed, dilapidated,
unsafe or vermin infested that it creates a serious hazard to the health or
safety of the occupants or of the public and is therefore unfit for use or
occupancy.
B.Â
The form of the "red tag" placard shall be determined
by the Building Inspector and shall substantially state the specific violations
of this chapter.
C.Â
No person shall deface or remove the "red tag" placard
from any building, structure or premises on which it has been placed by the
Building Inspector and police officer until removal of such placard is authorized
by the Building Inspector or police officer.
D.Â
When the Building Inspector and police officer determine
that a "red tag" placard should be placed on premises and place the same on
the premises, then, notwithstanding other provisions herein, the occupants
shall vacate the premises within 10 days of the date that the "red tag" placard
has been placed on the premises.
E.Â
No premises that has been so vacated shall be used or
reoccupied until such time as the owner obtains written approval from the
Building Inspector. The Building Inspector shall grant such approval and remove
the "red tag" placard when the violations have been corrected and the Building
Inspector determines that the premises is again fit for use or occupancy.
A.Â
The owner, operator or occupant of the premises shall
have the time specified in the notice of violation to remedy the violations.
B.Â
The Building Inspector shall, in his or her discretion,
have the ability to extend the time for corrections if the circumstances warrant
an extension and the owner, operator or occupant is making a good faith effort
to correct the violations.
C.Â
If the owner, operator or occupant of the premises, after
notice of violation and order, fails or refuses to timely remedy the violations,
then the City, at its sole option, may cause such work to be done. Prior to
commencing such work, the Building Inspector and police officer shall do the
following:
(1)Â
Provide notice to the owner and occupant that the City
will abate the violations along with an estimate of the approximate dates
and times during which abatement will occur; and
(2)Â
Have the City Clerk certify the approximate cost for
any such work done, including reasonable costs for administration and inspection
fees (collectively "costs of abatement"), and provide notice of the same to
the owner, with a copy to the occupant.
D.Â
Following such notice, the owner, operator and/or occupant
shall give the persons designated by the City full access to the land and
the exterior of the buildings and structures to abate the violations. Failure
of an owner, operator or occupant to permit such access shall constitute a
violation of this chapter and may also result in the City obtaining an injunction
from the Dodge County Circuit Court. Reasonable costs of obtaining the injunction
shall be added as administration to the costs of abatement, and notice of
the additional costs shall be provided to the owner.
E.Â
If the owner fails to pay the costs of abatement within
30 days of the notice from the City Clerk, interest shall accrue against the
balance due at the rate of 1% per month, and the total balance due shall become
a lien against real estate on the next tax roll in accordance with law.
It shall be unlawful for the owner of any building, structure or premises
who has received a compliance order or upon whom a notice of violation has
been served to sell, transfer, mortgage, lease or otherwise dispose thereof
to another until the provisions of the compliance order or notice of violation
have been complied with or until such owner shall first furnish to the Building
Inspector a signed and notarized statement from the grantee, transferee, mortgagee,
or lessee acknowledging the receipt of such compliance order or notice of
violation and fully accepting the responsibility without condition for making
the corrections or repairs required by such compliance order or notice of
violation. To assure compliance with this provision, the City may file a lis
pendens against the real estate.
A.Â
B.Â
Each day a violation exists after the notice of violation
has been received and which becomes an order of the Building Inspector shall
constitute a separate violation of this chapter.
C.Â
Penalties set forth in this section shall be in addition
to all other remedies of injunction, abatement or costs, whether existing
under this chapter or otherwise.
A.Â
Purpose. The purpose of this section is to establish
a method of providing for the deferral of costs of abatement assessed against
property owned by worthy, indigent, qualified individual residents of the
City of Mayville.
B.Â
Review of deferral requests. Review of deferral requests
shall be made by the Finance Committee.
C.Â
Authority of Finance Committee. The Finance Committee
may recommend to the Common Council that the costs of abatement to be charged
against the real estate of any worthy, indigent, qualified individual resident
within the City be deferred as provided herein. In order to exercise its authority,
the Finance Committee may establish application deadlines and draft application
and informational materials which it deems necessary. Applications shall be
accepted only for those individuals who are obligated to pay costs of abatement
and who reside in owner-occupied residential dwellings within the City. The
Finance Committee is authorized to review those applications and information,
conduct hearings and investigations, and interview applicants and witnesses.
The Finance Committee may require any person to whom provisions of this section
relate to submit financial or other relevant data at any time before or after
the Common Council has directed the deferral of any tax.
D.Â
Approval by Common Council. Following a determination
and recommendation by the Finance Committee that an applicant is a worthy,
indigent, qualified individual resident in the City, the Common Council may,
by resolution, defer any costs of abatement or portion thereof legally to
be assessed against the real estate of any worthy, indigent, qualified individual
resident herein.
E.Â
Lien created; interest required. A lien created under
this section shall have priority over all other liens except tax certificates
or prior liens for special assessments or charges for the amount deferred
with interest set by the Common Council at a rate no higher than the legal
rate. Upon transfer of title of the property by any means or if the Common
Council finds a person no longer to be a worthy, indigent qualified resident
under this section, the amount of deferred costs of abatement previously accrued
hereunder, or any portion thereof, and legal interest accrued, may be extended
by the Common Council upon the next available tax roll, and when extended
upon the tax roll, it shall be considered a tax upon the property subject
to all proceedings in relation to collection, return and sale of property
for delinquent real estate taxes. Should a person no longer reside in the
real property for which taxes have been deferred hereunder by the City, the
amount of taxes accrued, or any portion thereof, and legal interest accrued
shall be extended to the next available tax roll and be due and payable at
such time.
F.Â
Discharge of lien by owner. The owner of the property,
his heirs, personal representatives or assigns may discharge the lien at any
time by paying the amount of the lien with accrued interest to the Treasurer-Comptroller.
G.Â
Discharge of other lienholders. The holder of any subsequent
lien may purchase the lien by payment to the Treasurer-Comptroller of the
amount owing plus accrued interest.
