City of New Berlin, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of New Berlin as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 80.
Erosion control — See Ch. 110.
Fire prevention — See Ch. 124.
Hazardous waste — See Ch. 133.
Health and sanitation — See Ch. 137.
Historic preservation — See Ch. 141.
Nuisances — See Ch. 175.
Solid waste — See Ch. 220.
Stormwater runoff — See Ch. 226.
Abandoned and junked vehicles — See Ch. 258.
[Adopted 10-10-2000 by Ord. No. 2124 as Sec. 14.25 of the Municipal Code]

§ 201-1 Purpose.

This chapter is to promote the health, safety, convenience, comfort, morals, prosperity and general interest and welfare of the citizens of New Berlin, Wisconsin, by establishing minimum standards and requirements for the maintenance of the exterior of nonresidential buildings and the premises they occupy. Provisions of this chapter shall apply to every building and its premises used for nonresidential occupancy. This chapter establishes minimum standards for the maintenance of the exterior of buildings and the grounds surrounding such buildings. This chapter does not replace or modify standards otherwise established by law for construction, replacement or repair of buildings and their grounds, but is cumulative of such standards and shall apply in addition to them.

§ 201-2 Definitions.

For the purpose of this chapter, the following terms shall have the meanings assigned by this section:
ACCESSORY BUILDING OR STRUCTURE
A detached structure subordinate to the principal use of a structure, land or water and located on the same lot or parcel serving a purpose customarily incidental to the principal use or the principal structure.
APPROVED
Approved by the Board of Public Works and defined in rules and regulations.
AUTOMOBILE ESTABLISHMENT
Any business dealing exclusively with the servicing, maintenance, repair, storage, wrecking or salvaging of motor vehicles or any part thereof.
CITY
The City of New Berlin.[1]
DETERIORATION
The condition of a building or part thereof characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay or neglect, lack of maintenance or excessive wear.
EXTERMINATION
The control and elimination of insects, rodents or other pests by any legal method.
GARBAGE
The animal and vegetable waste resulting from the handling, preparation, cooking, serving and nonconsumption of food.
NONRESIDENTIAL PROPERTY
Any land or structure, whether public or private, that is adapted, used or occupied for purposes other than residential use.
OPERATOR
Any person who owns or has charge, care, control or management of a nonresidential property, or part thereof, and shall include a lessee.
OWNER
Any person who, alone or jointly or severally with others:
A. 
Shall have legal title to property with or without accompanying actual possession thereof; or
B. 
Shall have charge, care or control of any property as owner or as agent or representative of the owner; or
C. 
Shall have possession or right to possession.
PERSON
Any individual, firm, corporation, association, partnership, cooperative or governmental agency.
PREMISES
A lot, plot or parcel of land, including all buildings or structures thereon.
REFUSE
Unwanted or discarded waste materials in any state consisting of garbage, rubbish or a combination thereof.
RESIDENTIAL PROPERTY
Any property used permanently or temporarily for human habitation.
RUBBISH
Solid wastes consisting of combustible or noncombustible waste materials from apartments, commercial, industrial or institutional establishments, including wastes and items commonly referred to as "trash."
WEATHERING
Deterioration, decay or damage caused by exposure to the elements.
[1]
Editor's Note: Former Sec. 14.25(2)(e), which immediately followed this definition and defined the word "department," was repealed 6-19-2001 by Ord. No. 2142.

§ 201-3 Prohibited activities; applicability.

No person shall use, occupy, operate, maintain, rent or let to another for occupancy any nonresidential property or premises which fails to comply with the requirements of this chapter or to cause or permit the same to be done. This chapter shall not apply to residential property.

§ 201-4 Violations and penalties.

A. 
Except as otherwise provided, any person who is convicted of any violation of this chapter shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-18 of this Code.
B. 
Every day that a violation continues shall be considered a separate offense.

§ 201-5 Rules and regulations.

The Board of Public Works is authorized to make and promulgate reasonable and necessary rules and regulations to carry out this chapter. All such rules and regulations shall be filed in the office of the City Clerk.

§ 201-6 Sanitation.

All exterior property areas shall be maintained in a clean and sanitary condition and free from any accumulation of rubbish, trash, garbage or other noxious or offensive materials. Any storage, collection and disposal of refuse shall be in accordance with this and all other regulations.

§ 201-7 Insect and rodent control.

Buildings and exterior property areas shall be kept free from insect and rodent infestation. Where insects or rodents are found, they shall be promptly exterminated by legal processes which will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation.

§ 201-8 Grading and drainage.

[Amended 3-8-2005 by Ord. No. 2256]
A. 
All premises shall be graded and maintained so as to prevent the accumulation of stagnant water thereon, or within a building or structure located thereon, or against any structure so as to potentially cause damage to such structures.
B. 
The disbursal of concentrated drainage onto adjacent properties is prohibited.
(1) 
No person shall permit the discharge of concentrated drainage from a downspout and/or sump pump to be directed upon the land of an adjacent property owner.
(2) 
Any drainage systems which have the effect of redirecting drainage through piping or other means shall comply with the following requirements:
(a) 
The discharge of any such piping shall be not less than 10 feet from the lot line or where the structure from which the discharge is occurring is less than 10 feet to the lot line, then, in that event, one-half the distance between said structure and the lot line.
(b) 
The discharge must be adequately diffused before reaching the lot line.
(c) 
The flow of discharge from the downspout and/or sump pump must be consistent with the approved grading plan for the property.

§ 201-9 Accessory structures.

Accessory structures, except those used solely for agricultural purposes, shall be structurally sound, and be maintained in good repair, or such structures shall be removed from the premises. The exterior of such structures shall be made weather resistant.

§ 201-10 Foundations, walls and roof.

Every foundation, exterior wall, roof and all other exterior surfaces shall be maintained and all exterior surface material must be protected against weathering and must be kept in repair. The foundation elements shall adequately support the building at all points.
A. 
Exterior walls. Every exterior wall shall be free of holes, breaks, 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. All exterior walls or surfaces shall be painted or otherwise covered so as to prevent deterioration, decay or blight. All such walls or surfaces shall be kept in good repair so as to protect and be protected from the environment, preserve the aesthetic character of neighborhoods and prevent undue depreciation of property values.
B. 
Roofs. The roof shall be structurally sound, tight, shall not admit rain, and drainage shall be sufficient to carry water away from the roof. All downspouts and gutters shall be kept in good repair.

§ 201-11 Windows, doors and hatchways.

Every window, exterior door and basement entry shall be tight and maintained in sound condition, good repair and prevent the entrance of rodents, rain and water into the structure.
A. 
Windows. Every window shall be in good condition, and fit tightly within its frame so as to exclude wind and rain as completely as possible from entering the structure. All windows shall be fully supplied with glass windowpanes or an approved substitute without open cracks or holes. Every other opening located within four feet of the ground level shall be constructed and maintained to avoid the possible entry of insects and rodents.
B. 
Doors. Every exterior door shall be maintained in good condition and when closed shall fit well within its frame so as to exclude wind and rain as completely as possible from entering the dwelling or structure. Every door hinge and door latch shall be maintained in good condition.

§ 201-12 Storefronts.

All storefronts shall be kept in good repair, protected from weathering and shall not constitute a safety hazard or nuisance. If repairs to a storefront become necessary, such repairs shall be made with the same or similar materials used in the construction of the storefront in such a manner as to permanently repair the damaged area or areas. Any cornice visible above a storefront shall be protected from weathering and kept in good repair.[1]
[1]
Editor's Note: Former Sec. 14.25(17), Sidewalks: snow and ice removal, which immediately followed this section, was deleted 6-19-2001 by Ord. No. 2142. See now Ch. 230, Streets and Sidewalks, § 230-2, Snow and ice removal.
[Adopted 4-10-2012 by Ord. No. 2482]

§ 201-13 Purpose.

While maintaining New Berlin's rural identity and unique character, this article is intended to promote the health, safety, convenience, comfort, morals, prosperity and general interest and welfare of the citizens of New Berlin, Wisconsin, by establishing minimum standards and requirements for the maintenance of residential structures and the premises they occupy.

§ 201-14 Intent.

Provisions of this article shall apply to every structure and its premises used for residential occupancy. This article establishes minimum requirements and standards for the maintenance of the premises, structures, protection from elements and safe and sanitary maintenance. This chapter does not replace or modify standards otherwise established by law for construction, replacement or repair of buildings and their grounds but is cumulative of such standards and shall apply in addition to them. The Department of Community Development shall have the discretion with regard to compliance with the following regulations based upon issues such as, but not limited to, time of year, drainage patterns, topography, weather and other unforeseen circumstances.

§ 201-15 Exemptions.

A. 
Agriculture zoned properties or properties with a demonstrated agriculture use, as determined by the Department of Community Development, are exempt from this code.
B. 
Vacant lands are exempt from this code.

§ 201-16 Existing remedies.

The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and unsanitary.

§ 201-17 Definitions.

For the purpose of this article, the following terms shall have the meanings assigned by this section:
ACCESSORY BUILDING OR STRUCTURE
A detached structure subordinate to the principal use of a structure, land or water and located on the same lot or parcel serving a purpose customarily incidental to the principal use or the principal structure.
CITY
The City of New Berlin.
DETERIORATION
The condition of a building or part thereof characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay or neglect, lack of maintenance or excessive wear.
EXTERMINATION
The control and elimination of insects, rodents or other pests by any legal method.
GARBAGE
The animal and vegetable waste resulting from the handling, preparation, cooking, serving and nonconsumption of food, as well as refuse, rubbish and other discarded articles.
NONRESIDENTIAL PROPERTY
Any land or structure, whether public or private, that is adapted, used or occupied for purposes other than residential use.
OWNER
Any person who, alone or jointly or severally with others:
A. 
Shall have legal title to property with or without accompanying actual possession thereof; or
B. 
Shall have charge, care or control of any property as owner or as agent or representative of the owner; or
C. 
Shall have possession or right to possession.
PERSON
Any individual, firm, corporation, association, partnership, cooperative or governmental agency.
PREMISES
A lot, plot or parcel of land, including all buildings or structures thereon.
REFUSE
Unwanted or discarded waste materials in any state consisting of garbage, rubbish or a combination thereof.
RESIDENTIAL PROPERTY
Any property used permanently or temporarily for human habitation.
RUBBISH
Solid wastes consisting of combustible or noncombustible waste materials from apartments, commercial, industrial or institutional establishments, including wastes and items commonly referred to as "trash."
VACANT LAND
Any lands that are not actively used for any purpose.
VACANT STRUCTURE
Any buildings or structure that is not occupied, used or inhabited on a regular and continuing basis by some person with a valid claim of right to possession or a free simple title. Building that is not actively used for any purpose.

§ 201-18 Violations and penalties.

A. 
Except as otherwise provided, any person who is convicted of any violation of this chapter shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-18, of this Code.
B. 
Every day that a violation continues shall be considered a separate offense.

§ 201-19 Responsibility.

The owner or occupant of the premises or his/her agent shall maintain the structures and exterior property in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy premises which do not comply with the requirements of this article. Occupants of a dwelling unit are responsible for keeping in a clean, sanitary and safe condition that part of the exterior of a dwelling unit or premises which they occupy and control.

§ 201-20 Exterior structure.

A. 
Exterior. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.
B. 
Structures. Structures shall be free from holes, breaks, loose or rotting materials and maintained waterproof and properly surface coated where required to prevent deterioration.

§ 201-21 Sanitation.

All exterior property areas shall be maintained in a clean, safe and sanitary condition and free from any accumulation of rubbish, trash, garbage or other noxious or offensive materials. Any storage, collection and disposal of refuse shall be in accordance with this and all other regulations. See Chapter 175, Nuisances, § 175-3, of this Code.

§ 201-22 Insect and rodent control.

Buildings and exterior property area shall be kept free from insect and rodent infestation. Where insects or rodents are found, they shall be promptly exterminated or trapped and removed by legal processes which will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation.

§ 201-23 Weeds and grasses.

A. 
Residential zoning districts. No person shall permit grasses and other general ground cover to grow to an average height of more than eight inches on any lands that the person owns, occupies or controls in the City. See Code § 137-6 for noxious weed regulations and Chapter 175, Nuisances, § 175-3, of this Code.
B. 
Exemptions: agricultural zoning districts regularly used to raise crops or livestock, R-1/R-2 Zoning Districts with five or more acres, or natural areas, rain gardens, bioswales or other stormwater best management practices designed and maintained as such.

§ 201-24 Vacant and abandoned structures.

A. 
Vacant structures. All vacant structures and premises thereof shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health and safety.
B. 
Abandoned structure. See Chapter 175, Nuisances, § 175-5K, of this Code.