[HISTORY: Adopted by the Village Board of
the Village of Cambria as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-7-1988 as § 8-4-8 of the 1988 Code]
No disassembled, inoperable, unlicensed, junked
or wrecked motor vehicles, truck bodies, tractors, trailers, farm
machinery or appliances shall be stored or allowed to remain in the
open upon private property within the Village for a period exceeding
20 days.
As used in this article, the following terms
shall have the meanings indicated:
Motor vehicles, truck bodies, tractors, farm machinery or
trailers in such state of physical or mechanical ruin as to be incapable
of propulsion, being operated upon the public streets or highways,
or which is otherwise not in safe or legal condition for operation
on public streets or highways due to missing or inoperative parts,
flat or removed tires, expired or missing license plates or other
defects.
Any stove, washer or refrigerator which is no longer operable
in the sense for which it was manufactured, with doors removed or
secured.
[Amended 5-3-2010 by Ord. No. 10-02]
As defined in § 340.01(35), Wis. Stats.
Motor vehicles, truck bodies, tractors or trailers which
do not bear lawful current license plates.
[Amended 5-3-2010 by Ord. No. 10-02]
This article shall not apply to any motor vehicle
or motor vehicle accessories stored within an enclosed building or
on the premises of a business enterprise operated in a lawful place
and manner in compliance with zoning regulations when necessary to
the operation of such business enterprise, in a storage place or depository
maintained in a lawful place and manner, or licensed and operational
seasonal-use vehicles such as snowmobiles, motorcycles, motor scooters
and nonmotorized campers, provided such vehicles are stored in rear
yard areas.
[Amended 5-3-2010 by Ord. No. 10-02]
A.
Whenever the law enforcement agency shall find any
vehicles or appliances, as described herein, placed or stored in the
open upon private property within the Village, it shall notify the
owner of said property on which said vehicle or appliance is stored
of the violation of this chapter. If said vehicle or appliance is
not removed within five days, the law enforcement agency shall cause
to be issued a citation to the property owner or tenant of the property
upon which said vehicle or appliance is stored.
B.
If such vehicle or appliance is not removed within 20 days after issuance of a citation, the law enforcement officer shall cause the vehicle or appliance to be removed and impounded, and it shall thereafter be disposed of as prescribed in Chapter 426, §§ 426-3 through 426-6, by the law enforcement officer or his duly authorized representative. Any cost incurred in the removal and sale of said vehicle or appliance shall be recovered from the owner. However, if the owner of the vehicle or appliance cannot readily be found, the cost of such removal shall be charged to the property from which it is removed, which charges shall be entered as a special charge on the tax roll.
Any person who shall interfere with the enforcement of any of the provisions of this article and shall be found guilty thereof shall be subject to a penalty as provided in § 1-5 of this Code. Each motor vehicle or appliance involved shall constitute a separate offense.
[Adopted 9-14-2010 by Ord. No. 10-04]
The provisions of this chapter shall apply uniformly to the
maintenance of all buildings or structures and surrounding areas within
the Village of Cambria that are located within the following zoning
districts: R-2 Single- and Multiple-Family Residential, R-3 Multiple-Family
and Mobile Home Residential District, B-1 General Business District,
I-1 Light Industrial District, and I-2 General Industrial District,
irrespective of when or under what condition such buildings were originally
constructed.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
A detached building or structure in a secondary or subordinate
capacity from the main building.
Approved by the local authority having such administrative
authority.
A portion of the building partly underground but having less
than half its clear height below the average grade of the adjoining
ground.
An impaired condition leading to deterioration.
A condition having an adverse effect on surrounding properties.
A structure enclosed within exterior walls or fire walls,
built, erected and framed of component-structured parts designed for
nonresidential purposes for the generation of income, including multifamily
buildings as defined herein.
Broken concrete, bricks, blocks or other mineral matter;
bottles, porcelain and other glass or crockery; boxes; lumber (new
or used), posts, sticks or other wood; tree branches, brush, yard
trimmings, grass clippings, and other residues; paper, rags, cardboard,
excelsior, rubber, plastic, wire, tin and metal items; discarded goods
and appliances, junk lawn mowers, tires in disarray, tar paper, residues
from burning, or any similar materials which constitute health, fire
or safety hazards or a serious blighting influence upon the neighborhood
or the Village in general.
The condition of decay or partial ruin by neglect or misuse.
For purposes of this article, "multifamily residential building"
means one with three or more dwelling units.
A lot, plot, or parcel of land, including the buildings or
structures or any part of the land.
A Village Building Inspector, and /or a Village Ordinance
Officer or any Village employee duly appointed.
The item so described shall fit as to exclude wind, rain
or moisture or vermin, pets, bugs, insects, rodents, birds or other
similar items.
The same as debris.
A structure enclosed within exterior walls or fire walls,
built, erected and framed of component-structured parts designed for
residential purposes with one dwelling unit or, if approved as a conditional
use, then two dwelling units.
Combustible and noncombustible waste materials, except garbage;
and the term shall include paper, rags, cartons, boxes, wood, excelsior,
rubber, leather, tree branches, yard clippings, tin cans, metals,
mineral matter, glass, crockery and dust, other similar materials,
and the residue from the burning of wood, coal, coke and other combustible
materials.
Accomplished in a reasonably skillful manner.
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 the street line.
No owner or other person shall occupy or let to or permit another
person to occupy any building, whether dwelling or nondwelling units,
unless it and the premises are clean, sanitary, fit for human occupancy,
and comply with all the applicable legal requirements of the state
and Village.
Minimum requirements. Every owner or operator shall improve
and maintain all property under the control of such owner or operator
to comply with the following minimum requirements.
A.
Drainage. All courts, yards, or other areas on the premises shall
be properly graded to divert water away from any building or structure
so as to prevent the accumulation of stagnant water on any such surface.
Driveways shall be maintained in good condition and repair.
B.
Fence and retaining wall requirements. No person shall allow or permit
any fence or retaining wall to deteriorate to a condition that is
not in accord with the following provisions:
(1)
All fences shall be properly maintained and kept in good repair or
shall be removed. If paint or other preservatives have been applied
to the exterior surface, it shall be repainted, resurfaced or otherwise
treated in a workmanlike manner when its condition is a serious blighting
influence on surrounding property.
(2)
Retaining walls shall be structurally sound. No retaining wall shall
be constructed or maintained in such a manner as to cause the repeated
spillage of mud, gravel or debris upon any public sidewalk, street,
alley or adjoining property.
C.
Exterior surfaces.
(1)
Exterior walls.
(a)
Every exterior wall shall be free of holes, breaks, loose brick
or stone, corrosion, loose or rotting boards or timbers, and any other
conditions which might admit rain or dampness to the interior portions
of the walls or to the occupied spaces of the building and shall be
capable of affording privacy.
(b)
Any hazardous sagging or bulging shall be properly repaired
to a level or plumb position.
(c)
All exterior wood and metal surfaces shall be protected by paint,
stain or other water- and weather-resistant treatment.
(3)
Roofs.
(a)
All roofs shall be maintained so as to not leak, and all water
shall be so drained and conveyed from the roof so as not to cause
damage to the exterior walls, eaves, soffits or foundation. Ferrous
metal roofs shall be free of corrosion.
(b)
Gutters and downspouts, when provided, shall be adequately secured,
kept free of obstruction, and in a reasonably good state of repair.
(c)
All cornices, copings, parapets, moldings, belt courses, lintel,
sills and similar projections shall be kept in good repair, free from
cracks or defects which make them hazardous or dangerous.
(4)
Chimneys and breaching. Every chimney and breaching shall be constructed
and maintained so as to insure that it safely and properly removes
the products of combustion from the building.
D.
Windows, doors and hatchways.
(1)
Every window shall be fully supplied with transparent or translucent
windowpanes, substantially without cracks or holes, substantially
tight and kept in good condition and repair. With prior Village Board
approval only, in certain situations boarded windows in a quality
workmanlike manor may be acceptable.
(2)
Windows other than fixed windows shall be easily opened and shall
be held in position by window hardware.
(3)
Every exterior door shall fit substantially tight within its frame
and be kept in good condition.
(4)
Window and doorframes shall be kept in good condition and shall exclude
rain and substantially exclude wind from entering the building or
structure.
(5)
Every basement hatchway shall prevent the entrance of rodents, rain
and surface drainage water into the building or structure.
E.
Outside stairs and porches.
(1)
Every outside stair, every porch, and every appurtenance thereto
shall be so constructed as to be safe to use and capable of supporting
the load that normal use may cause to be placed thereon, and shall
be kept in proper condition and repair and shall present an attractive
appearance.
(2)
All exterior stairs and steps and every appurtenance thereto shall
comply with the requirements specified in the Wisconsin Administrative
Code and shall have rail and balustrade firmly fastened and maintained.
F.
Vermin infestation.
(1)
Every building, structure and all exterior appurtenances on the premises
shall be adequately protected against rats, mice, termites and other
vermin.
(2)
Occupants and operators shall be responsible for 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,
the owner shall also be responsible for extermination of the infestation.
G.
Yard areas.
(1)
Yard areas shall be kept in a clean and sanitary condition, free
from any accumulation of combustible or noncombustible materials (which
are not used as an integral part of the authorized business carried
out on the premises), debris, pet fecal matter or refuse.
(2)
Exterior areas in a natural state shall be kept free of diseased
or fallen trees, branches, brush, debris and noxious weeds.
H.
Sidewalks, walks and drives.
(1)
Sound condition and good repair. Sidewalks, walks, drives, parking
areas and other concrete, asphalt, bricked, graveled, stoned or similarly
treated areas shall be kept in sound condition and good repair.
(2)
Conditions resulting in dust, dirt, loose stones or other aggregate
being repeatedly deposited upon the adjacent public or private property
shall be corrected.
I.
Erosion. Whenever erosion of the soil repeatedly causes the soil
to spill over into the sidewalk, street, alley or adjoining property,
the condition shall be corrected as necessary through erection of
a retaining wall; grading; installation of sod; and the planting of
grass or other suitable ground cover.
J.
Accessory structures.
(1)
Every accessory structure shall be kept in good condition and repair,
shall not obstruct access of light or air to 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.
(2)
All accessory structures which are in deteriorated condition and
which are not repairable shall be removed.
K.
Overhead extensions. All canopies, marquees, signs, metal awnings,
fire escapes, stand pipes, exhaust ducts and similar overhead extensions
shall be maintained in good repair and be properly anchored so as
to be kept in a safe condition.
L.
Vandalism and dilapidation.
(1)
Danger of vandalism and/or dilapidation. If it is found upon inspection
of any vacated building within the Village that the building is in
danger of vandalism and/or dilapidation by the weather or elements,
the Village shall order the owner to make the building secure against
vandalism and/or dilapidation in a workmanlike manner.
(2)
Restoration. Damaged or vacant buildings need to be restored to comply
with this Code within three months of the original damage or the building
was vacated.
(3)
Windows. Boarded-up windows will not be allowed except in the case
of fire, natural disaster or an emergency. In the case of an emergency,
the boarded-up windows will only be allowed for a three-month period.
M.
Graffiti.
(1)
Definition. Within this section, "graffiti" means the intentional
inscription, word, figure, or design marked, scratched, etched, drawn
or painted with spray paint, liquid paint, ink, chalk, dye or other
similar permanent substance on property without the expressed permission
of the owner or operator of the commercial property. Commercial property
includes, without limitation, real or personal property such as buildings,
fences, structures, equipment, walls, signs or parts thereof, whether
permanent or not.
(2)
Public nuisance. The existence of graffiti on commercial or residential
property within the Village is expressly declared to be a public nuisance
as it affects the public health, safety and welfare.
(3)
Graffiti prohibited. No owner or operator of residential or commercial
property within the Village may maintain or allow any graffiti to
remain upon the property when the graffiti is visible from the street
or other public or private property.
(4)
Notification.
(a)
If it is determined by the Property Maintenance Officer or authorized
representative, that graffiti exists on commercial property in violation
of this section, the Village shall notify the property owner or operator
of property in writing with the issuance of a notice to abate. The
notice may be given to the property owner or operator by mail or in
the manner provided for service of summons in the circuit court. If
the owner or operator cannot be found, the notice may be served by
posting it on the main entrance to the property.
(b)
The notice shall identify the commercial property affected,
describe the location of the graffiti and direct that the graffiti
be removed within 30 days of the date of the notice. If the owner
or operator of property fails to remove the graffiti within the time
specified in the notice, the owner or operator of property may be
subject to penalties as provided within the Village code.
(5)
Abatement.
(a)
Abatement shall be completed within 30 days of the date of the
notice.
(b)
The minimum compliance of any order shall be obliteration of
graffiti by primer paint. Removal of the graffiti with primer paint
and matching building paint or other suitable removal system appropriate
to the surface shall be encouraged.
(c)
Payment of a monetary forfeiture does not relieve the owner
or operator of property of the duty to abate the graffiti nuisance.
The Property Maintenance Officer of the Village shall administer
and enforce the provisions of this article.
The Property Maintenance Officer shall enforce the provision
of this article and is authorized and directed to make inspections
in response to a complaint or when he or she has good reason to believe
a violation is being committed.
For the purpose of making an inspection, the Property Maintenance
Officer is authorized to enter, examine and survey at all reasonable
times the exterior portions of all buildings, structures or premises.
If the Property Maintenance Officer is denied access to a building,
structure or premises, he or she may apply to the courts for a special
inspection warrant.
A.
When the Property Maintenance Officer determines that a building,
structure and/or other exterior area fails to meet the requirements
of this article, he or she shall issue a notice in writing setting
forth the alleged failures of violations in advising the owner, occupant
or agent that such failures or violation must be corrected and specifying
dates for their correction.
B.
An amount shall be set in each individual violation according to
the amount of repairs necessary to the structures. The owner will
be given a timeline to complete the necessary repairs. The owner shall
sign an agreement with the Village agreeing to the provisions set
forth by the Property Maintenance Officer. The Village has the right
to extend the timeline if necessary according to the progress being
made on the necessary repairs.
A.
The notice shall be served on or mailed to the owner of the lot or
parcel of land, or, if he is not known and there is a tenant occupying
the property, then to the tenant, prior to the date of the enforcement.
B.
In any case where the owner, occupant or person in charge of the property shall fail to comply as set forth above, then and in that event, the Village may abate the property maintenance violation and make the necessary repairs then charge the cost to the property owner. In addition, the Village shall have the right to issue a citation for an ordinance violation therefor. Any person violating any provision of this article shall be subject to the penalty provisions of § 1-5 of this Code.
C.
If the cost of abatement is not paid in full within 30 days thereafter,
the Clerk shall enter the charges in the tax roll as a special charge
against said lot or parcel of land, and the same shall be collected
in all respects like other taxes upon real estate.
D.
In addition to the penalties set forth herein, the Village may commence
a nuisance action in the Columbia County Circuit Court to abate a
violation of this section.
E.
Each day a violation exists or continues shall be considered a separate
offence under this article.
