[HISTORY: Adopted by the Village Board of the Village of
Wrightstown 3-17-2009 by Ord. No. 03172009. Amendments noted
where applicable.]
This chapter shall be known as "The Village of Wrightstown Chronic
Nuisance Premises and Property Maintenance Code," and may be referred
to in this chapter as "the code."
A.
The code applies to every residential, nonresidential, or mixed-occupancy
building and the land on which it is situated within the Village of
Wrightstown. All residential, nonresidential, or mixed-occupancy buildings
and the land on which it is situated shall comply with the provisions
of this code, whether or not such building shall have been constructed,
altered or repaired before or after the enactment of this code.
B.
Exceptions. Farm structures are exempt from the provisions of this
chapter.
The purpose of this code is to establish both enforcement standards
for premises which generate chronic nuisance within the community
and to create minimum standards for exterior property maintenance
so as to preserve and promote the public interest, health, safety,
and welfare.
A.
The Board of Trustees of the Village of Wrightstown does hereby find
that it is necessary to provide for the abatement of conditions which
are offensive or annoying to the senses, detrimental to property values
and community appearance, an obstruction to or interference with the
comfortable enjoyment of adjacent property or premises, or hazardous
or injurious to the health, safety or welfare of the general public
in such ways to constitute a public nuisance; and to provide standards
to safeguard life, health and public welfare in keeping with the character
of the Village by allowing for the maintenance of property or premises
for each of the following purposes:
(1)
To safeguard the health, safety and welfare of the people by maintaining
property or premises in good and appropriate condition;
(2)
To promote a sound and attractive community appearance; and
(3)
To enhance the economic value of the community, and each area in
it, through the regulation of the maintenance of property or premises.
B.
Accordingly, the Village Board of Trustees finds and declares that
the purpose of this chapter is to:
(1)
Reduce threats to health, safety, welfare, appearance and economic
value due to the decline in property condition(s) by lawfully delineating
the circumstances under which such condition(s) may be considered
illegal and/or abated; and, further finds that,
(2)
Abatement of such condition(s) is in the best interest of the health,
safety and welfare of the residents of the Village because maximum
use and enjoyment of property or premises in proximity to one another
depends upon maintenance of those properties or premises at or above
the minimum standard.
C.
It is further declared that the Village of Wrightstown cannot allow
for a lack of maintenance, because of the fact that due to progressive
deterioration, properties will eventually have the effect of creating
blighting conditions, which, if not curtailed, will spread and necessitate,
in time, the expenditure of large amounts of public funds to correct
and eliminate such conditions.
D.
By reason of timely regulations and restrictions contained in this
code, the desirability and amenities of residential, nonresidential,
and mixed-occupancy uses and neighborhoods may be enhanced and the
public health, safety and welfare protected and fostered.
A.
If a court of competent jurisdiction adjudges any section, clause,
provision, or portion of this chapter unconstitutional or invalid,
the remainder of this chapter shall not be affected thereby.
B.
If any application of this chapter to a particular structure, use,
land, or water is adjudged unconstitutional or invalid by a court
of competent jurisdiction, such judgment shall not be applicable to
any other structure, use, land, or water not specifically included
in said judgment.
The following terms shall be defined as follows in this chapter:
Arrest, the issuance of a citation, or the issuance of a
verbal or written warning.
Village of Wrightstown Police Officer, Zoning Administrator,
Building Inspector or Fire Chief or his or her designee.
Any public nuisance as defined by statute or this chapter.
Additionally, physical conditions dangerous to human life or detrimental
to health and safety of persons on or near the premises where the
conditions exist.
Any of the follow activities, behaviors, or conduct whenever
engaged in by premises owners, operators, occupants or persons associated
with a premises occurring on premises.
An act of harassment, as defined in § 947.013, Wis.
Stats.
Disorderly conduct, as defined in § 947.01, Wis. Stats.
Battery, substantial battery, or aggravated battery, as defined
in § 940.19, Wis. Stats.
Lewd and lascivious behavior, as defined in § 944.20,
Wis. Stats.
Prostitution, as defined in § 944.30, Wis. Stats.
Keeping a place of prostitution, as defined in § 944.34,
Wis. Stats.
Indecent exposure, as defined in § 944.20(1)(b), Wis.
Stats.
Theft, as defined in § 943.20, Wis. Stats.
Receiving stolen property, as defined in § 943.34,
Wis. Stats.
Arson, as defined in § 943.02, Wis. Stats.
Possession, manufacture, or delivery of a controlled substance
or related offenses, as defined in Ch. 961, Wis. Stats.
Gambling, as defined in § 945.02, Wis. Stats.
Animal violations, as defined by Village of Wrightstown Municipal
Code and Wisconsin statutes.
Trespassing to land, as defined in § 943.13 Wis. Stats.,
or criminal trespass to dwelling as defined in § 943.14,
Wis. Stats.
Weapons violations, as defined by Village of Wrightstown Municipal
Code and Wisconsin statutes.
Noise violations, as defined by Village of Wrightstown Municipal
Code.
Misuse of emergency telephone numbers as defined in § 146.70,[1] Wis. Stats.
The owner of the premises and his or her agents.
Any person, who, whenever engaged in a nuisance activity,
enters, patronizes, visits or attempts to enter, patronize or visit,
or waits to enter, patronize or visit, a premises or person present
on a premises, including any officer, director, customer, agent, employee
or independent contractor of a premises owner.
A lot, plot or parcel of land, including the buildings or
structures thereon. Also, an individual dwelling, unit or multi-family
or an individual business premises and associated common areas.
[1]
Editor's Note: Section 146.70, Wis. Stats., was renumbered
§ 256.35, Wis. Stats., and amended by 2007 Act 130, §§ 160
to 165, eff. 4-4-2008.
The following words and terms, wherever used herein or referred
to in this code, shall have the respective meanings assigned to them
unless a different meaning clearly appears from the context.
The condition of a building or part thereof characterized
by holes, breaks, rot, crumbling, peeling, rusting, or other evidence
of physical decay or neglect, lack of maintenance or excessive use.
All exterior wood and composition surfaces shall be properly protected
from the elements and against decay by paint, stain or other protective
coating and applied in a workmanlike manner.
Any element, whether created by nature or by man, which,
with reasonable foreseeability, could carry litter from one place
to another. Elements shall include, but not be limited to, wind, rain,
water, insects, and animals.
Any premises, or any part thereof, or any building, or any
part thereof, which may be viewed by the public.
Open space on the premises and outside surface area of any
building thereon.
The control and elimination of insects, rodents, and vermin.
Any building or structure used for storing agricultural equipment
or farm produce or products, housing livestock or poultry, or processing
dairy products. The term "farm structure" shall not include dwellings
or manure storage facilities.
Decaying and decomposing animal and vegetable waste resulting
from the handling, preparation, cooking, and/or consumption of food.
(See also "refuse" and "rubbish.")
The presence of insects, rodents, vermin, or other pests
on the premises which constitute a health hazard.
Includes any uncontainerized, man-made or man-used waste,
which, if deposited within the Village otherwise than in a litter
receptacle, tends to create a danger to public health, safety, and
welfare or to impair the environment of the citizens of the Village.
Litter may include, but is not limited to, any garbage, trash, refuse,
rubbish, confetti, debris, grass clippings or other lawn or garden
waste, newspaper, magazine, glass, metal, plastic or paper container
or other construction material, motor vehicle part, furniture, oil,
or dead animal carcass.
Any building containing one or more dwelling units or rooming
units and also having a portion thereof devoted to nondwelling uses
or used as a hotel.
Any person who has charge, care or control of a dwelling
or premises, or part thereof, whether with or without the knowledge
and consent of the owner.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises, with or without
accompanying actual possession thereof. Any person who is a lessee
subletting or reassigning any part or all of any dwelling or dwelling
unit shall be deemed to be coowner with the lessor and shall have
joint responsibility over the portion of the premises sublet or assigned
by said lessee.
Any private or public property with provisions for parking
vehicles to which the public is invited or which the public is permitted
to use or which is visible from any public place or private premises.
Any dwelling house, building or other structure designed
to be used, either wholly or in part, for private residential purposes,
whether inhabited or temporarily or continuously uninhabited or vacant,
and shall include any yard, grounds, walk, driveway, porch, steps,
vestibule, mailbox or other structure belonging or appurtenant to
such dwelling house, building or other structure.
All streets, boulevards, avenues, lanes, alleys or other
public ways, in addition to all parks, squares, plazas, grounds and
buildings, and other privately owned areas open and frequented by
the general public, whether publicly or privately owned.
All decayed and decomposed solid waste, including, but not
limited to, garbage, rubbish, ashes, dead animals, animal feces, abandoned
automobiles and solid wastes. (See also "garbage" and "rubbish.")
Solid wastes consisting of both combustible and noncombustible
wastes, such as paper, wrappings, cigarettes, cardboard, tin cans,
yard clippings, leaves, wood, glass, bedding, crockery, and similar
materials. (See also "garbage" and "refuse.")
Accomplished in a reasonably skillful manner.
Every owner or operator, or if the occupant has assumed responsibility
under any written lease, shall, either personally or by agent, improve
and maintain all properties within the scope of this code under his,
her, or its control to comply with the following requirements.
A.
Every premises shall be maintained in a clean, sanitary, and safe
condition and comply with all applicable legal requirements of the
State of Wisconsin, county in which it is located, and the Village
of Wrightstown.
B.
Premises shall be kept clear of refuse, such as brush, weeds, broken
glass, garbage, trash, animal feces, and debris. Animal feces must
be removed within a reasonable amount of time.
C.
Natural growth, such as dead and dying trees and limbs, or other
natural growth which, by reason of rotting or deteriorating conditions,
or storm damage, constitutes a hazard to persons in the vicinity shall
be removed. Trees shall be kept pruned and trimmed to prevent such
conditions.
D.
Overhangs, such as loose and overhanging objects, which by reason
of location above ground level, constitute a danger of falling on
persons in the vicinity shall be repaired or removed.
E.
Sources of infestation shall be removed.
F.
Every foundation, roof, exterior wall, window, and floor shall be
reasonably weathertight and rodent-proof and shall be kept in proper
repair and be capable of affording privacy. All inside and outside
stairways, floors, roofs, foundations, load-bearing walls, and every
porch and every appurtenance thereto shall be safe to use and capable
of supporting the loads that normal use may cause to be placed thereon;
and shall be maintained in sound condition and good repair.
G.
Every window, exterior door, and hatchway or similar device shall
be so constructed to exclude insects during that portion of the year
when there is a need for protection against mosquitoes, flies, and
other insects.
H.
Every doorway, window, or other device used for ventilation and opening
directly from a dwelling unit to outside space shall be supplied with
properly fitting screens.
I.
All exterior surfaces of buildings and fences made of materials not
inherently resistant to or chemically treated to prevent deterioration
shall be periodically coated with paint or other suitable preservative
which provides adequate resistance to weathering, unless a variance
is otherwise granted from the Zoning Board of Appeals.
J.
The exterior of every structure or accessory structure, including
fences, shall be maintained in good repair and shall be maintained
free of broken glass, loose shingles or boards, crumbling stone, brick
or concrete, excessive peeling paint, or other condition reflective
of deterioration or inadequate maintenance to the end that the property
itself may be preserved and fire and safety hazards eliminated and
adjoining properties protected from blighting influences.
K.
Exterior building walls shall not have any holes, loose boards, or
any broken, cracked or damaged finish, which may admit rain, cold
air, dampness, rodents, or insects.
L.
Parking lots shall be properly maintained. If a parking lot is gravel,
it must be periodically graded to prevent the accumulation of standing
water in low spots. If paved, parking lots must be kept reasonably
free of large cracks or potholes.
M.
Yards shall be kept free of noxious weeds and trimmed in accordance
with the Village Wrightstown Municipal Code.
A.
Litter collection and storage area. Every owner, operator, occupant,
or lessee of a building used for residential, business, or commercial
purposes shall maintain litter collection and storage areas in clean
condition and ensure that all litter is properly containerized and
covered. Failure to maintain clean litter collection and storage areas
shall constitute a violation of this subsection.
B.
Duty to collect litter before it is carried from the premises. All
litter that is subject to movement by the elements shall be secured
by the owner of the premises where it is found before the litter is
allowed to be removed from the premises by the elements.
C.
Neglected premises visible to the public. It shall be the duty of
any person owning or controlling any premises, including vacant lots
visible from any public place or private premises, to maintain such
premises in a reasonably clean and orderly manner. It shall be a violation
of this subsection to abandon, neglect or disregard the condition
or appearance of any premises so as to permit it to accumulate litter.
D.
Areas around business premises. The owner or person in control of
a public place, including but not limited to restaurants, shopping
centers, fast food outlets, stores, hotels, motels, industrial establishments,
office buildings, apartment buildings, housing projects, gas stations,
hospitals, and clinics shall at all times keep the premises clean
of all litter and shall take measures, including regular cleanup of
the premises, to prevent litter from being carried by the elements
to adjoining premises. It shall be a violation of this subsection
to abandon, neglect, or disregard the condition or appearance of such
premises so as to permit it to accumulate litter.
E.
Loading and unloading docks. The person owning, operating, or in
control of a loading or unloading dock shall at all times maintain
the dock area free of litter in such a manner that litter will be
prevented from being carried from the premises by the elements.
F.
Construction sites. The property owners and the prime contractors
in charge of any construction site shall maintain the construction
site in such a manner that litter will be prevented from being carried
from the premises by the elements. All litter from construction activities
or any related activities shall be picked up at the end of each work
day and placed in containers which will prevent litter from being
carried from the premises by the elements.
A.
Findings. The Village of Wrightstown Board of Trustees finds that
any premises that has three or more contacts with an Enforcement Officer
for nuisance activities has received more than the level of general
and adequate municipal service and has placed an undue and inappropriate
burden on the taxpayers of the Village. The Village Board therefore
directs the Enforcement Officer, as provided in this section, to charge
the owners of such premises the costs associated with abating the
violations at premises at which nuisance activities chronically occur.
B.
Notice. Whenever the Enforcement Officer involved determines that
three or more nuisance activities resulting in enforcement action
have occurred at a premises on separate days during a twelve-month
period, the Enforcement Officer shall notify the premises owner in
writing. In reaching this determination, the Enforcement Officer may
or may not count nuisance activities that were reported by the owner
of the premises. The notice shall contain the street address or legal
description sufficient to identify the premises, a description of
the nuisance activities that have occurred at the premises, and a
statement indicating that the cost of future enforcement may be assessed
as a special charge against the premises. At the discretion of the
investigating official, a citation may be issued to the owner or tenant
of the property for the violation of this chapter to immediately answer
the violation in Wrightstown Municipal Court. Lack of knowledge regarding
activities on the premises is not a defense for violation of the chapter.
C.
Any owner receiving notice pursuant to § 146.10B shall
meet with the Enforcement Officer or his/her designee, within five
days of receipt of such notice. The parties shall review the problems
occurring at the property. Within 10 days of this meeting, the owner
shall submit to the responsible Enforcement Officer or his/her designee,
an abatement plan to end the nuisance activity on the property. The
plan shall specify a name, address, and telephone number of a person
living within 20 miles of the property in the event of further police
action or inspection.
D.
Whenever the Enforcement Officer determines that additional nuisance
activity has occurred at a premises for which notice has been issued
pursuant to § 146.10B, Village of Wrightstown Municipal
Code, that this nuisance activity has occurred not less than 15 days
after notice has been issued, and that reasonable efforts have not
been made to abate the nuisance activity, the officer may calculate
the cost of civic response and enforcement for this and any subsequent
nuisance activities and cause such charges and administrative costs
to be assessed and collected as a special charge.
A.
This code shall be administered and enforced by a Village Enforcement
Officer who for purposes of enforcement shall have the authority to
issue orders, warnings, make inspections, and issue citations in accordance
with the Village's general ordinances.
B.
Access to buildings and structures.
(1)
Right of entry. For the purpose of making inspections, the Enforcement
Officer is authorized to enter, examine, and survey at all reasonable
times the exterior portions of all buildings, structures or premises.
If the Enforcement Officer is denied access to a building, structure
or premises, he/she may apply to the Circuit Court for a special inspection
warrant.
(2)
Access by owner or property manager. Every occupant of a dwelling,
dwelling unit or rooming unit shall give the owner or operator thereof,
or an agent or employee of the owner or property manager, access at
reasonable times to any part of such structure or premises for the
purpose of making an inspection or maintenance, repair, or alterations
as necessary to comply with this chapter or with any lawful notice
or order issued pursuant to this chapter. The owner, property manager,
or agent thereof shall give advance notice of intended entry in accordance
with Wis. Stats. § 704.05.
(3)
Reinspection: When violations of this chapter are found to exist,
the Enforcement Officer may determine, upon reinspection, whether
all installations, alterations, repairs, or enlargements resulting
from said corrections are permanent, substantial, and have been performed
in a workmanlike manner.
C.
Enforcement steps shall include the following:
(1)
Written notice to owner of record of the property via certified mail
to comply with this code within 14 days of letter being received.
(2)
A second written notice to owner of record of the property via certified
mail to comply with this code within seven days of second letter being
received.
(3)
If the violation has not been rectified within seven days of the second certified letter being received, the owner of record shall be issued a citation as provided in Chapter 102, Fees and Penalties, of the Wrightstown Municipal Code of Ordinances.
(4)
The Enforcement Officer may withhold the issuance of a citation if
action to rectify the violation has commenced and is proceeding in
a timely manner.
D.
Failure of warning. Failure to receive a warning notice as described in § 146-11C shall not be a defense to prosecution of a violation of this section.
E.
Assistance of other officials. The Enforcement Officer in the performance
of his or her duties shall receive the assistance of the Chiefs of
the Police and Fire Departments and of all other Village Officials,
including the Village Attorney, in prosecuting violations hereof.
F.
Relief from personal liability.
(1)
Any Enforcement Officer who acts in good faith and without malice
in the discharge of duties of enforcement of this chapter is relieved
of all personal liability for any damage accruing to persons or property
as a result of such acts or alleged failure to act.
(2)
The Enforcement Officer shall not be held liable for any costs in
any action, suit or proceeding that is instituted by the Enforcement
Officer in the enforcement of this chapter. In any of these actions,
the Enforcement Officer shall be defended or represented by the Village
Attorney until the final termination of the proceedings.
(3)
The relief from personal liability, offered in this chapter, will
not apply to independent contractors, who will be expected and required
to carry the appropriate liability, errors, and omissions insurance
for the work related to their field contract with the Village. A copy
of this liability insurance will be placed on file with the Village
Clerk.
A.
A variance granted from any regulation or order of the Department
of Commerce under Wisconsin Statutes § 101.02, as amended,
shall apply to an identical or similar regulation of this chapter.
A.
Any person aggrieved by a decision or order of an Enforcement Officer
to issue an enforcement notice or demand, or to commence other enforcement
activities, has a right of administrative appeal to the Village Zoning
Board of Appeals under Wis. Stats. 62.23(7), (8), and (9).
B.
Such appeal shall be submitted to the Village Clerk within 14 days
of receiving first written notification from the Village.
A.
Any person who violates, disobeys, neglects or refuses to comply with any provisions of this section shall be subject to a penalty as provided in Chapter 102, Fees and Penalties, of the Village of Wrightstown Municipal Code of Ordinances.
B.
It shall be unlawful for any person to willfully obstruct, hinder
or delay the enforcement of any order, rule, regulation or plan issued
pursuant to this chapter, or to do any act forbidden by any order,
rule regulation or plan issued pursuant to the authority contained
in this section.
