City of New Lisbon, WI Property Maintenance

§ 375-3 Policy and purpose.

Policy. Lack of maintenance and progressive deterioration of certain properties have the further effect of creating blighted area conditions, and, if such conditions are not curtailed and removed, the expenditure of large amounts of public funds to correct and eliminate the same will be necessary. Timely regulation and restriction to contain and prevent blight is necessary, thereby maintaining the desirability and amenities as well as property values of the neighborhoods in the City.

Purpose. The purpose of this article is to protect public health, safety and welfare by establishing minimum property maintenance standards. This article does not replace or modify standards otherwise established by other portions of this Code of Ordinances for construction, repair, alteration or use of buildings. This article is meant to be remedial and to be liberally construed to effectuate the purposes stated herein. Violation of the minimum standards set forth in this article shall be deemed to be a public nuisance.

Specific to overrule general. Any subsection which is general is overruled in situations where a more specific ordinance applies.

§ 375-4 All property.

Purpose. The purpose of this section is to recognize the private and public benefits resulting from the safe, sanitary, and attractive maintenance of buildings, structures, yards, and vacant areas. Attractive and well-maintained property will enhance safety and well-being of the surrounding neighborhood and City and provide a suitable environment for increasing physical and monetary values.

Every owner, operator, or occupant of a commercial property, or part thereof, shall maintain that portion of the exterior of the property controlled by them.

Minimum requirements. Every owner or operator shall improve and maintain all property under their control to comply with the following minimum requirements:

(1)

Drainage. Every yard, court, passageway, driveway, and other portion of the premises shall be graded and drained so as to prevent the accumulation of water on any such surface or on adjacent property and to divert water away from any building or structure. Driveways shall be maintained in good repair.

(2)

Weeds. All exterior property areas shall be kept free from noxious weeds as required by this Code of Ordinances. Where weed cutting is required, the Weed Commissioner shall perform said weed cutting and process the charge therefor as a special assessment against the benefitted property.

(3)

Debris. All exterior property areas shall be properly maintained in a clean and sanitary condition free from debris, refuse, physical hazards, rodent harborage and infestation, and animal feces. All animal feces shall be removed within 24 hours.

(4)

Fences, walks and parking areas. Fences, other minor construction, walks, driveways, parking areas, and similar paved areas shall be properly maintained in a safe, sanitary, and substantial condition. Approved walks shall provide all-weather access to buildings or structures.

(5)

Exterior surfaces. Exterior surfaces of buildings and structures not inherently resistant to deterioration shall be treated with a protective coating of paint or other suitable preservative which will provide adequate resistance to weathering and maintain an attractive appearance. Any exterior surface treated with paint or other preservative shall be maintained so as to prevent chipping, cracking or other deterioration of the exterior surface or the surface treatment and to present an attractive appearance. All paint or other preservative shall be applied in a workmanlike fashion.

(6)

Yard areas. Yard areas of real estate shall not be permitted to deteriorate or remain in a condition that is not in accord with the following: yard areas shall be kept in a clean and sanitary condition, free from any accumulation of materials which are not used as an integral part of any authorized business carried out on the premises, debris, or refuse. Unless in a properly zoned district and screened by a visual barrier at least five feet high, yards shall not be used to store appliances, furnaces, hot-water heaters, water softeners, or building material not used within five days or any unsightly bulk items, unless these items are raw materials used in an authorized business carried out on the premises.

(7)

General requirements. Every foundation, exterior wall, and roof shall be reasonably weathertight, watertight, and rodent-proof and shall be kept in proper repair and shall be capable of affording privacy. Any hazardous sagging or bulging shall be properly repaired to a level or plumb position. All chimneys and breeching shall be so constructed and maintained as to ensure that they safely and properly remove the products of combustion from the building.

(8)

Windows and doors. Every window, exterior door, and basement hatchway shall be reasonably weathertight, watertight, and rodent-proof and kept in proper repair. All door and window hardware shall be installed and maintained in proper working condition.

(9)

Outside stairs and porches. 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. All exterior stairs and steps and every appurtenance thereto shall comply with the requirements specified in the Wisconsin Administrative Code.

(10)

Removal of debris.

(a)

No person shall dispose of rocks, trees, stumps, waste building material, or other debris from land development, building construction, street grading, or installation of underground utilities upon the surface of any land in the City, except at approved disposal sites.

(b)

No owner shall allow an accumulation of rocks, trees, stumps, waste building material or other debris from land development, building construction, street grading, or installation of underground utilities upon the surface of his land for a period of more than 10 days.

(c)

All land filling operations shall be leveled off to permit the mowing of weeds between June 1 and November 1. This includes the removal of stones, refuse, and other debris that will interfere with mowing operations.

§ 375-5 Dwelling units.

Minimum standards. No person shall occupy as owner-occupant or shall let or hold out to another for occupancy any dwelling or family unit, for the purpose of living therein, or own or be in control of any vacant dwelling or dwelling unit which is not safe, clean, sanitary, and fit for human occupancy and which does not comply with the particular requirements of the following subsections.

Foundations, exterior walls, and roofs. No person shall be an owner or occupant of any premises which does not comply with the following requirements:

(1)

Every exterior wall shall be free of deterioration, holes, breaks, and loose or rotting boards or timbers.

(2)

Structures that require paint or stain should have paint or stain applied at regular intervals to exterior building surfaces. When the building has more than 30% deterioration of its finished surface on any wall, that wall shall be painted or stained. Such painting and staining shall be completed within 90 days from the date of the first application.

(3)

All cornices, moldings, lintels, sills, oriel windows, and similar projections shall be kept in good repair and free from cracks and defects which make them hazardous or unsightly.

(4)

Roof surfaces shall be tight and have no defects which admit water. All roof drainage systems shall be secured and hung properly.

(5)

Chimneys, antennas, air vents, and other similar projections shall be structurally sound and in good repair. Such projections shall be secured properly, where applicable, to an exterior wall or exterior roof.

Accessory structures. All accessory structures shall be maintained in a state of good repair and vertical alignment. All exterior appurtenances or accessory structures which serve no useful purpose and are in a deteriorated or dilapidated condition, which are not economically repairable, shall be removed. Such structures include, but shall not be limited to, porches, terraces, entrance platforms, garages, driveways, carports, walls, fences, and sheds.

Abandoned dwellings. The interior and exterior of vacant and abandoned dwellings shall be maintained in a nuisance-free condition.

(1)

A dwelling may be determined to be abandoned by a City Officer under the totality of the circumstances which may include consideration of the following:

(a)

Boarded, closed, or damaged windows or doors to the premises.

(b)

Missing, unhinged, or continuously unlocked doors to the premises.

(c)

Terminated utility accounts or disconnected utility service for the premises.

(d)

Accumulation of refuse or debris on the premises.

(e)

At least two reports to law enforcement officials of trespassing, vandalism, or other illegal acts being committed on the premises.

(f)

Conditions that make the premises unsafe or unsanitary or that make the premises in imminent danger of becoming unsafe or unsanitary.

(2)

A dwelling which is not occupied and which is not intended by the owner to be occupied within a reasonable period of time. A dwelling shall be presumed to be abandoned if it is unoccupied for a period of 12 consecutive months. Occupancy required hereunder shall be bona fide and not acquired for the sole purpose of defeating the abandonment of a dwelling.

(3)

The owner of any abandoned dwelling shall:

(a)

Cause all services and utilities to be disconnected from or discontinued to said dwelling;

(b)

Lock all exterior doors and windows of said dwelling;

(c)

Maintain such dwelling so that its foundation, floors, windows, walls, doors, ceilings, roof, porches and stairs shall be reasonably weathertight, waterproof, rodent-proof, structurally sound, and in good repair such that they comply with Subsection B; and

(d)

Maintain the yard and accessory structures such that they comply with Subsections C and D.

§ 375-6 Rodent control.

Elimination of rodent harborages. Whenever accumulations of refuse, lumber, scrap metal, car bodies, or any other materials provide rodent harborage, the person owning or in control of such materials shall cause the materials to be removed or stored so as to eliminate the rodent harborage. When the owner of the materials cannot be found after a 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.

(1)

Lumber boxes and similar materials shall be neatly piled. These piles shall be raised at least a foot above the ground.

Elimination of rodent feeding places. No person shall place, or allow to accumulate, any materials that may serve as a food for rodents in a site accessible to rodents.

(1)

Any refuse that may serve as food for rodents shall be stored in rodent-proof containers.

(2)

Feed for birds shall be placed on raised platforms, or such feed shall be placed where it is not accessible to rodents.

Extermination.

(1)

Whenever rodent holes, burrows, or other evidence of rodent 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 rodents or to cause the rodents to be exterminated.

(2)

Within 10 days after extermination, the owner or manager shall cause all of the rodent holes or burrows in the ground to be filled with earth or other suitable material.

Rodent-proofing. It shall be the duty of the owner or manager of any building in the City of New Lisbon to make such building reasonably rodent-proof, to replace broken basement windows and, when necessary, to cover the basement window openings with hardware cloth or other suitable material for preventing rodents from entering the building through such window openings.

§ 375-7 Composting.

Purpose and intent. The purpose of this section is to promote the recycling of yard wastes and certain kitchen wastes through composting and to establish minimum standards for proper compost maintenance.

Maintenance. All compost piles shall be maintained by the owner using approved composting procedures to comply with the following requirements:

(1)

All compost piles shall be enclosed in a freestanding compost bin. Each compost bin shall be no larger in volume than 125 cubic feet and shall be no taller than 42 inches.

(2)

All compost bins shall be so maintained as to prevent the attraction or harborage of rodents and pests. The presence of rodents in or near a compost bin shall be cause for the City to proceed under § 375-19.

(3)

All compost bins shall be so maintained as to prevent unpleasant odors.

(4)

No compost bin shall be allowed to deteriorate to such a condition as to be a blighting influence on the surrounding property or neighborhood or the City in general.

(5)

Location of compost bins.

(a)

All compost bins shall be located not less than three feet from a property line or principal building or dwelling and three feet from any detached accessory building.

(b)

A variance from these setback requirements may be applied for if the property owner(s) can show a hardship exists which prohibits compliance.

[1]

Any variance application must include a signed written approval of the variance request from the adjacent property owner(s).

[2]

Variances can be granted by the Building Inspector on an annual basis upon the proper application being submitted by the property owner(s).

[3]

Screening and/or fencing of compost bins may be required as a condition of a variance being granted.

(6)

No compost bin shall be located in any yard except a rear yard, as defined in Chapter 520, Zoning, of this Code.

(7)

A compost bin may be located in a side yard as defined in Chapter 520, Zoning, subject to the annual variance procedure contained in Subsection C(5)(b) and must be screened from view to the street.

Compost components.

(1)

No compost bin shall contain any of the following:

(a)

Lake weeds.

(b)

Cooked food scraps of any kind or type.

(c)

Fish, meat or other animal products.

(d)

Manure.

(e)

Large items that will impede the composting process.

(2)

Permitted components in a compost bin shall include the following:

(a)

Yard waste.

(b)

Coffee grounds and used tea leaves.

(c)

Uncooked plant matter not contaminated by or containing meat, fish, and/or dairy products.

(d)

Commercial compost additives.

Municipal exception. Any municipal composting site maintained by the City shall be exempt from the provisions of this section.

§ 375-8 Burial of animal carcasses.

No person shall bury or cause to be buried on or in premises any dead animal, animal carcass, or any parts thereof within the City of New Lisbon, except that a resident of the City of New Lisbon, upon receiving a permit from the Director of Public Works, may bury a domestic household pet on said person's own private property.

Any person who violates this section shall be subject to the general forfeiture provisions of § 1-4 of this Code of Ordinances. In addition, said person shall be required to remove any animal or animal carcass buried in violation of this section.

§ 375-9 Cleanup of spilled or accidentally discharged wastes.

Cleanup required. All persons, firms, or corporations delivering, hauling, disposing, storing, discharging, or otherwise handling potentially polluting substances, solid or liquid, shall immediately clean up any such spilled material to prevent its becoming a hazard to health or safety or directly or indirectly causing pollution to the lakes and streams under the jurisdiction of the City:

Notification. Spills or accidental releases of hazardous materials or pollutants at a site or of a quantity or nature that cannot adequately be cleaned up by the responsible party or parties shall be immediately reported to the City Clerk-Treasurer so that assistance can be given by the proper agency.

Financial liability. The party or parties responsible for the release, escape or discharge of wastes shall be held financially liable for the cost of any cleanup or attempted cleanup deemed necessary or desirable and undertaken by the City or its designated agent in an effort to minimize the polluting effects of the discharged waste.

§ 375-10 Noxious weeds and grasses.

Purpose. This section is adopted due to the unique nature of the problems associated with lawns, grasses, and noxious weeds being allowed to grow to excessive length in the City of New Lisbon.

The City Clerk-Treasurer shall annually, on or before May 15, publish as required by state law a notice that every person is required by law to destroy all noxious weeds on lands in the City which he/she owns, occupies or controls. A joint notice with other towns or municipalities may be utilized.

(1)

As provided for in § 66.0407, Wis. Stats., the City shall require that all noxious weeds shall be destroyed prior to the time in which such plants would mature to the bloom or flower state. The growth of noxious weeds in excess of eight inches in height from the ground surface shall be prohibited within the City of New Lisbon corporate limits.

Inspection. The Weed Commissioner or his/her designee shall inspect or cause to be inspected all premises and places within the City to determine whether any public nuisance regarding noxious weeds exists.

Abatement by weed commissioner. If the owner or occupant shall neglect to destroy any weeds as required by such notice:

(1)

Initial notice to individual. The Weed Commissioner of the City shall give five days' written notice by mail to the owner or occupant of any lands upon which the weeds shall be growing which states:

(a)

That the Weed Commissioner will proceed to destroy or cause to be destroyed all weeds growing upon said lands;

(b)

After the expiration of the five-day period;

(c)

Shall charge the expenses incurred at a rate established by resolution by the Common Council if said weeds are not destroyed; and

(d)

If said expenses are not paid that they will be assessed against the property as a special tax.

(2)

Abatement. If initial notice is given pursuant to Subsection D(1), above, the Weed Commissioner shall proceed in the manner provided by said notice.

(3)

Charges by weed commissioner. The charges shall be set forth in a statement to the City Clerk-Treasurer who, in turn, shall mail the same to the owner, occupant or person in charge of the subject premises. If said statement is not paid in full within 30 days thereafter, the City Clerk-Treasurer shall enter the charges in the tax roll as a special tax against said lot or parcel of land, and the same shall be collected in all respects like other taxes upon real estate, such as is provided under § 66.0907(3)(f), Wis. Stats.

(4)

Continuous neglect. In case the owner or occupant shall further neglect to comply after an initial five-day notice and destruction, then the Weed Commissioner shall again destroy such weeds or cause them to be destroyed at reasonable intervals of time in the manner deemed to be the most economical method, and the expense thereof, including the cost of billing and other necessary administrative expenses, shall be charged against such lots and be collected as a special tax thereon.

Due process hearing.

(1)

If the owner believes that his/her grasses or weeds are not a nuisance, he/she may request a hearing before the Common Council. The request for said hearing must be made in writing to the City Clerk-Treasurer's office within the five days set forth in the Weed Commissioner's notice.

(2)

Upon application for the hearing, the property owner must deposit a $25 bond. If a decision is rendered in the property owner's favor, the $25 will be returned to the property owner. If the property owner fails to appear for the hearing or if the decision is rendered against the property owner, the deposit shall be forfeited and applied to the cost of City personnel abating the nuisance, if necessary.

(3)

When a hearing is requested by the owner of the property, a hearing by the Common Council shall be held within seven days from the date of the owner's request.

(4)

The property in question will not be mowed by the City until such time as the hearing is held by the Common Council.

(5)

At the hearing, the owner may appear in person or by his/her attorney, may present witnesses in his/her own behalf and may cross-examine witnesses presented by the City as well as subpoena witnesses for his/her own case.

(6)

At the close of the hearing, the Common Council shall make its determination in writing specifying its findings, facts, and conclusions.

(a)

If the Common Council determines that a public nuisance does exist, the Common Council shall order the Weed Commissioner to mow the property in question, unless the property has been mowed by the owner within 48 hours of the Common Council's decision.

(b)

If the owner does not abate the nuisance within the prescribed 48 hours, the Weed Commissioner shall cause the same nuisance to be abated and cost in excess of the forfeited fee assessed accordingly.

Noxious weeds, as defined in this section and in § 375-1, shall include, but not be limited to, the following plants and other rank growth:

(1)

Cirsium arvense (Canada thistle).

(2)

Ambrosia artemisiifolia (common ragweed).

(3)

Ambrosia trifida (great ragweed).

(4)

Euphorbia esula (leafy spurge).

(5)

Lysimachia nummularia (creeping jenny).

(6)