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."
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.
The following terms shall be defined as follows in this chapter:
ENFORCEMENT ACTION
Arrest, the issuance of a citation, or the issuance of a
verbal or written warning.
ENFORCEMENT OFFICER
Village of Wrightstown Police Officer, Zoning Administrator,
Building Inspector or Fire Chief or his or her designee.
NUISANCE
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.
NUISANCE ACTIVITY
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.
A.
An act of harassment, as defined in § 947.013, Wis.
Stats.
B.
Disorderly conduct, as defined in § 947.01, Wis. Stats.
C.
Battery, substantial battery, or aggravated battery, as defined
in § 940.19, Wis. Stats.
D.
Lewd and lascivious behavior, as defined in § 944.20,
Wis. Stats.
E.
Prostitution, as defined in § 944.30, Wis. Stats.
F.
Keeping a place of prostitution, as defined in § 944.34,
Wis. Stats.
G.
Indecent exposure, as defined in § 944.20(1)(b), Wis.
Stats.
H.
Theft, as defined in § 943.20, Wis. Stats.
I.
Receiving stolen property, as defined in § 943.34,
Wis. Stats.
J.
Arson, as defined in § 943.02, Wis. Stats.
K.
Possession, manufacture, or delivery of a controlled substance
or related offenses, as defined in Ch. 961, Wis. Stats.
L.
Gambling, as defined in § 945.02, Wis. Stats.
M.
Animal violations, as defined by Village of Wrightstown Municipal
Code and Wisconsin statutes.
N.
Trespassing to land, as defined in § 943.13 Wis. Stats.,
or criminal trespass to dwelling as defined in § 943.14,
Wis. Stats.
O.
Weapons violations, as defined by Village of Wrightstown Municipal
Code and Wisconsin statutes.
P.
Noise violations, as defined by Village of Wrightstown Municipal
Code.
Q.
Misuse of emergency telephone numbers as defined in § 146.70, Wis. Stats.
R.
Any conspiracy to commit, as defined in § 939.31, Wis. Stats., or attempt to commit, as defined in § 939.32, Wis. Stats., any of the activities, behaviors, or conduct enumerated in §
146-6, Subsections
A through
R of the definition of "nuisance activity."
OWNER
The owner of the premises and his or her agents.
PERSON ASSOCIATED WITH
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.
PREMISES
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.
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.
DETERIORATION
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.
ELEMENTS
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.
EXPOSED TO PUBLIC VIEW
Any premises, or any part thereof, or any building, or any
part thereof, which may be viewed by the public.
EXTERMINATION
The control and elimination of insects, rodents, and vermin.
FARM STRUCTURES
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.
GARBAGE
Decaying and decomposing animal and vegetable waste resulting
from the handling, preparation, cooking, and/or consumption of food.
(See also "refuse" and "rubbish.")
INFESTATION
The presence of insects, rodents, vermin, or other pests
on the premises which constitute a health hazard.
LITTER
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.
MIXED OCCUPANCY
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.
OPERATOR
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.
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.
PARKING LOT
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.
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.
PUBLIC PLACE
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.
REFUSE
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.")
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.")
WORKMANLIKE
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.