[HISTORY: Adopted by the Village Board of
the Village of Wales 1-3-2000 (§§ 11.04 and 11.05 of the 1989 Code). Amendments
noted where applicable.]
The following words and terms shall, for the
purposes of this chapter and as stated elsewhere in this Code, have
the meanings shown herein:
Includes but is not limited to garbage outside of required
containers; broken concrete, bricks, blocks or other mineral matter;
bottles, porcelain and other glass or crockery; boxes; lumber (new
or used), posts, logs, 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 household
goods or appliances; junk lawn mowers; motor vehicle parts; machine
parts; boards; gypsum board; cut brush and branches; tar paper; residues
from burning; or any similar materials that constitute health, fire,
or safety hazards or a serious blighting influence upon the neighborhood
or the Village in general.
The open space on the premises and on the adjoining property
under control of owners, occupants or operators of such premises.
The wooded areas which are too shady to permit a grass lawn
to grow; prairie lands that are more than one acre in square footage.
A wildflower, prairie, woodland or other decorative garden
border or area that is under one acre in square footage which is well
maintained, is not a public nuisance or a serious blighting influence
and contains no noxious weeds.
An individual, corporation, partnership or any other group
acting as a unit.
Includes the following:
The physical condition or occupancy of any premises
regarded as a public nuisance at common law;
Any physical condition or occupancy of any premises
or its appurtenances considered an attractive nuisance to children,
including but not limited to abandoned wells, shafts, basements, excavations
and unsafe fences or structures;
Any premises that is manifestly capable of being
a fire hazard or is manifestly unsafe or unsecured so as to endanger
life, limb or property; or
Any premises that is unsanitary or that is littered
with rubbish, garbage, debris or refuse or that has an uncontrolled
growth of weeds.
These standards shall apply to all improved
properties, irrespective of whether the property is use for business,
residential or industrial purposes, unless the application of standards
is otherwise limited by the terms of this chapter.
No person shall occupy, use, let or hold out
to another for occupancy or use any building, structure or premises
which does not comply with the requirements of this chapter.
A.
The foundation
shall be substantially watertight, protected against rodents and kept
in good condition and repair. The foundation elements shall adequately
support the building at all points.
B.
Every exterior
wall shall be substantially watertight, weathertight, protected against
rodents, kept in good condition and repair and free of deterioration,
holes, breaks, loose or rotting boards or timber and any other condition
which might admit rain or dampness to the interior portions of the
walls or exterior spaces of the dwelling. All exterior wood surfaces
shall be protected by paint, stain or other water- and weather-resistant
treatment.
C.
Every roof
shall be watertight, weathertight, kept in good condition and repair
and have no dangerous defects. Roof drainage shall be adequate to
prevent rainwater from causing dampness in the walls. 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.
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. Windows,
other than fixed windows, shall be easily opened and shall be held
in position by window hardware. Every exterior door shall fit substantially
tight within its frame and be kept in good condition. Window and door
frames shall be kept in good condition and shall exclude rain and
substantially exclude wind from entering the building or structure.
Every basement hatchway shall prevent the entrance of rodents, rain
and surface drainage water into the building or structure.
Every exterior stairway and porch and its supports
shall be kept in good and safe condition and repair, free of deterioration,
with every rail and balustrade firmly fastened and maintained.
Every chimney and chimney flue shall be in good
and safe condition and repair.
Every yard, court, driveway or other portion
of the lot 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.
Yards shall be kept substantially clear of debris
and be provided with adequate lawn or ground cover of vegetation,
hedges or bushes. All areas not covered by any of the foregoing shall
be treated to prevent dust or the blowing or scattering of dust particles
into the air. All trees, bushes or vegetation which overhangs a public
entrance shall be properly trimmed to avoid obstruction of the view
and movements of vehicles and pedestrians. Outdoor premises shall
be kept free of dead, diseased or fallen trees, branches and bushes.
Lawn areas, where provided, shall not be allowed
to deteriorate to such condition as to be a seriously blighting influence
on the surrounding property or neighborhood or the Village of Wales
in general. The growth of grass or weeds in excess of six inches in
height shall be considered a violation of the maintenance provision
of this section.
Every building and structure and all exterior
appurtenances on the premises shall be adequately protected against
rats, mice, termites and other vermin. Occupant 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.
A.
Exterior premises shall be maintained and shall not
be permitted to be a blighting influence on the surrounding property
or neighborhood or the Village of Wales in general. Every building
and structure and all exterior appurtenances on the premises shall
be kept neat, free from graffiti and attractive in appearance. All
wooden portions shall be painted or stained or receive other similar
treatment as often as necessary to maintain such appearance. Stone,
brick or other masonry shall be kept adequately painted and maintained.
B.
Sidewalks, walks, driveways, open parking areas, retaining
walls and other concrete, asphalt, brick, gravel, stone or similar
improvements shall be kept in sound condition and good repair. Conditions
resulting in dust, dirt, loose stones or other aggregate being repeatedly
on adjacent public or private property are prohibited.
Every building or structure shall have adequate
refuse, garbage or rubbish storage facilities. Garbage containers
shall at all times have tight covers and be kept in an enclosed area,
such as a garage or accessory building, so rodents will not have access
to such containers. No occupant shall accumulate rubbish, boxes, lumber,
metal or other materials which may provide harborage for rodents or
vermin.
A.
Every accessory structure shall be kept in good condition
and repair, not obstruct light and air of doors or windows, not obstruct
a safe means of access to any building or structure, not create a
fire or safety hazard and not provide rat or vermin harborage. All
accessory structures in deteriorated condition and not repairable
shall be removed.
B.
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 seriously blighting influence on the surrounding property or neighborhood.
Every parking lot used for business or industrial
purposes shall be kept substantially clear of debris and shall be
maintained in conformance with any standards or conditions imposed
upon the business or industrial use at the time of any site plan and/or
development plan approval.
Complaints alleging a violation of this chapter
shall be commenced by service of written notice from the Village of
Wales or its Building Inspector of noncompliance upon the property
owner. In the event that a property owner fails to take action to
bring said property into compliance with this chapter within five
business days of the date of said written notice, the Village of Wales
may take any and all steps necessary to place the building, structure
or appurtenances in a condition consistent with this chapter, including
but not limited to directing and hiring of the appropriate personnel
to complete any necessary repairs, and place the costs incurred by
the Village of Wales in taking said action on the owner's tax bill
as a special assessment.
Except as otherwise provided, any person found to be in violation of any provision of this chapter shall be subject to a penalty as provided in § 1-4 of this Code.
