[HISTORY: Adopted by the Town Board of the Town of Grand
Chute 4-20-2010 by Ord. No. 2010-05 (Ch. 32 of the 1997 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 220.
Numbering of buildings — See Ch. 224.
Fire prevention — See Ch. 291.
Hazardous substances — See Ch. 310.
Housing standards — See Ch. 317.
Nuisances — See Ch. 398.
Peace and good order — See Ch. 415.
Trees and shrubs — See Ch. 497.
Waste management — See Ch. 520.
This chapter shall be known as the "Property Maintenance Code."
Pursuant to its authority granted by the broad powers under
§§ 60.10(2)(c) and 60.22, Wis. Stats., and village
powers under 61.34, Wis. Stats., which confers the power to act for
the government and good order of the Town, for its commercial benefit
and for the health, safety, welfare and convenience of the public,
the Town Board has found that maintenance of buildings, structures
and premises in the Town of Grand Chute affects the health, safety,
and general welfare of the residents of the community. The general
purpose of this chapter is to establish minimum standards governing
the maintenance, appearance and condition of residential and nonresidential
premises and to set certain responsibilities and duties upon owners
and operators and distinct and separate responsibilities and duties
upon occupants. The Town recognizes that there may presently be or
in the future be structures, yards and vacant lots, or unimproved
areas, or any combination thereof, in the Town which are dilapidated,
unsafe, dangerous, unhygienic, or inadequately maintained so as to
constitute a threat to the health, safety, and general welfare of
the residents of the Town. The establishment and enforcement of minimum
property maintenance standards are necessary to preserve both private
and public interests, with the overall purpose being to benefit the
health, safety, welfare and convenience of the public.
The provisions of this chapter shall apply uniformly to all
land, buildings and structures and surrounding areas within the Town,
without regard to their class, date of construction, alteration or
repair.
The following words, terms and phrases, when referred to in
this chapter, shall have the respective meanings assigned to them,
except where the context clearly indicates a different meaning:
An impaired condition leading to deterioration.
Includes but is not limited to boxes, wood pallets, bottles,
broken concrete, bricks, blocks, porcelain and other glass, lumber,
posts, brush, tree branches, cardboard, rubber, discarded goods and
appliances, junk lawn mowers, residues from burning, or any similar
materials which constitute health, fire or safety hazards or serious
blighting influence upon the neighborhood or the Town in general.
The condition or appearance of a building or structure, or
part thereof, characterized by breaks, holes, rot, crumbling, cracking,
peeling, rusting, chipping, inadequate paint or other evidence of
decay, neglect, lack of maintenance or excessive use.
Any lands designated as floodway, floodplain or flood storage
area, and mapped wetland areas. Steep slopes equal to or greater than
a 3:1 ratio, designated outlots, and areas within 75 feet of the ordinary
high-water mark of any navigable stream are also included in this
category.
[Added 11-1-2016 by Ord.
No. 2016-08]
All waste animal, fish, fowl or vegetable matter incident
to and resulting from the use, preparation and storage of food for
human consumption.
A cultivated, well-defined area dedicated to growing vegetables,
fruits, and annual or perennial plants. Also referred to as "cultivated
flower bed."
[Added 11-1-2016 by Ord.
No. 2016-08]
Includes, without limitation, old or scrap metal, metal alloy,
synthetic or organic material or waste and junked, ruined, dismantled
or wrecked motorized or nonmotorized vehicles or machinery, or any
part thereof, whether salvageable or not. An unlicensed motorized
vehicle, at the discretion of local law enforcement officers, may
be construed to be a junk vehicle.
[Amended 2-4-2014 by Ord.
No. 2014-03]
Plants and grasses native to the state of Wisconsin.
[Added 11-1-2016 by Ord.
No. 2016-08]
A planned, intentional and maintained area on a property
that may include native plants, ornamental grasses and groundcovers,
perennial plants, shrubs, trees, and rain gardens. No-mow grasses,
that are intended to grow to lengths up to 12 inches and mound over
as to not reach a height over six inches, are also included in this
category.
[Added 11-1-2016 by Ord.
No. 2016-08]
See § 398-2B(6) of the Town of Grand Chute Municipal Code.
[Added 11-1-2016 by Ord.
No. 2016-08]
Includes code enforcement officers, the Police Chief and
all police officers of the Town.
Grasses and groundcovers not indigenous to the state of Wisconsin,
excluding turf grasses and noxious weeds.
[Added 11-1-2016 by Ord.
No. 2016-08]
Vigorous and profuse growth of turf grass, noxious weeds,
brush or other vegetation that exceeds eight inches in height. Exceptions
include gardens, cultivated flower beds, environmentally sensitive
areas, and natural landscaping.
[Added 11-1-2016 by Ord.
No. 2016-08]
Includes all waste materials except garbage, including but
not limited to solid waste consisting of both combustible and noncombustible
waste, such as paper, wrappings, cigarettes, cardboard, tin, cans,
yard clippings, leaves, wood, glass, bedding, and crockery as well
as other similar materials.
Any grass commonly used in groomed and maintained lawns or
play areas, including Bluegrass, Fescue and Rye Grass blends, or other
similar grasses.
[Added 11-1-2016 by Ord.
No. 2016-08]
The owner of the premises shall maintain the structures and
exterior property in compliance with the requirements provided for
in this chapter. A person should not occupy as owner-occupant or permit
another person to occupy a premises which is not in a sanitary and
safe condition and which does not comply with the requirements of
this chapter.
All vacant structures and premises thereof and vacant land 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 or safety.
A.
General. The exterior of all structures 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.
Sanitation. All exterior property and premises shall be maintained
in a clean, safe and sanitary condition. The occupants shall maintain
the exterior property areas in a clean manner, free from rubbish and
garbage.
C.
Exterior surfaces. All exterior surfaces of any structure on a premises,
including but not limited to doors, door and window frames, porches,
trim, balconies, decks, roofs, stairways and fences, shall be maintained
in good condition. Exterior wood surfaces shall be protected by paint,
stain or other water- and weather-resistant treatment. Peeling, flaking
and chipped paint, as well as other deterioration, shall be eliminated
and surfaces repainted.
D.
Exterior walls. All exterior walls shall be free from holes, breaks,
and loose or rotting materials and be maintained weatherproof and
properly maintained to prevent deterioration.
E.
Defacement of property. No person shall damage, mutilate or deface
any exterior surface of any structure or building on any private or
public property by placing thereon any marking, carving or graffiti.
It shall be the responsibility of the owner of the premises to restore
any surface to an approved state of maintenance and repair.
F.
Foundations. Every foundation and exterior wall shall be reasonably
weathertight, rodentproof and insectproof, and the foundation elements
shall adequately support the building at all points.
G.
Windows, doors and hatchways. Every window, door and hatchway shall
be kept in sound condition, good repair and weathertight. Every window
shall be fully supplied with transparent or translucent windowpanes,
without cracks or holes, weathertight and kept in good condition and
repair. Every window, exterior door and door frame shall be kept in
good condition and shall exclude rain and exclude wind from entering
the building or structure.
H.
Exterior areas. All exterior property and premises, including all
yard areas and dumpster areas, shall be free from any accumulation
of rubbish, garbage, debris, junk, graffiti, pet fecal matter and/or
refuse.
[Amended 2-4-2014 by Ord.
No. 2014-03]
I.
Rank growth of vegetation and noxious weeds. All premises and exterior
property shall be maintained free from noxious weeds and rank growth
of vegetation in excess of eight inches in height. This subsection
applies to properties zoned or used for residential, commercial and
industrial purposes, including vacant lots in platted subdivisions.
Exceptions include gardens, cultivated flower beds, environmentally
sensitive areas, and natural landscaping.
[Amended 4-23-2015 by Ord. No. 2015-06; 11-1-2016 by Ord. No. 2016-08]
J.
Emergency access road. Each property owner shall maintain a driveway/private
road clear and unobstructed for a width of 20 feet as a fire apparatus/emergency
vehicle access road.
K.
Vandalism and dilapidation. If it is found upon inspection of any
vacated building within the Town that the building is in danger of
vandalism and/or dilapidation by the weather or any other reason,
the Town shall order the owner to make the building secure against
vandalism and/or dilapidation in a workmanlike manner. Any damaged
or vacant buildings shall be restored to comply with this chapter
within a time set by an enforcement officer of the Town of Grand Chute.
L.
Boarded-up windows. Boarded-up windows shall not be permitted except
in the case of fire, natural disaster, or act of God.
M.
Natural landscaping. The purpose of this subsection is to promote the planting and maintenance of natural landscaping. It is in the public's interest to encourage diverse landscaping practices, particularly those that promote native plantings and natural landscapes. When properly implemented and managed, these treatments can increase biodiversity, have a positive effect on soil and water conservation, and be an economical and low maintenance landscaping option. Native plants also provide habitat, food, and shelter for native pollinators. Nothing in this subsection is intended to promote the rank growth of vegetation or noxious weeds. Rank growth of vegetation and noxious weeds adversely impact public health and safety, and can decrease adjacent property values. Planned natural landscaping is not intended to allow property owners to ignore proper maintenance duties. It is also not acceptable for property owners to simply stop maintaining the existing turf grass on their property. Implementation of natural landscaping does not preclude the requirements to provide landscaping as identified in § 535-52 of the Town of Grand Chute Municipal Code. In such instances, natural landscaping may be implemented in addition to those requirements.
[Added 11-1-2016 by Ord.
No. 2016-08]
(1)
Establishing natural landscaping. A natural landscaping permit application
must be received and approved by the Town before a property owner
can implement natural landscaping. Natural landscaping elements are
to be planted through transplanting or seeding. Prior to implementing
natural landscaping, turf grass and any noxious weeds are to be eliminated.
(2)
Required setback. A setback area, consisting of regularly cut turf
grass, trees, shrubs, mulch, wood chips or landscape stone must be
maintained between the natural landscaping area and an abutting property
line. The minimum setback distances are defined as:
(a)
Three feet from any adjoining side and rear lot lines. No setback
is required on side or rear lot lines if any of the following conditions
exist:
(b)
On corner lots, the vision triangle area, as defined in § 535-47A(1) of the Town of Grand Chute Municipal Code, must be maintained.
A.
Inspection by officers. All officers are authorized to administer
and enforce the provisions of this chapter. Said officers shall enforce
the provisions of this chapter and are authorized and directed to
make inspections in response to a complaint or when they have good
reason to believe a violation is being committed.
B.
Entrance into property. For the purpose of making an inspection,
officers are authorized to enter, examine and survey at all reasonable
times the exterior portions of all buildings, structures and/or premises.
If an officer is denied access to a building, structure or premises
he or she may apply to the courts for a special inspection warrant.
C.
Notice of violation.
[Amended 4-23-2015 by Ord. No. 2015-06]
(1)
In the event that an officer determines that a building, structure
and/or exterior area, excluding rank growth of vegetation and noxious
weeds, violates or fails to meet the requirements of this chapter,
he or she shall issue a notice in writing setting forth the alleged
failures or violations and advising the owner, occupant or agent that
such failures or violations must be corrected within 30 days of the
date of the written notice of violation, unless a written extension
is granted by the officer. In determining whether or not to grant
an extension, the officer may consider the health of the owner/occupant
as it relates to his or her ability to correct the violation in a
timely manner, the length of time required to correct the violation,
the weather conditions and any other factors which relate to the ability
of the owner/occupant to correct the violation within 30 days.
(2)
In the event that an officer determines that rank growth of vegetation
or noxious weeds violates or fails to meet the requirements of this
chapter, he or she shall request that the Weed Commissioner or his
designee issue a written notice to the property owner via first-class
United States Mail. The property owner or current occupant shall have
three days to comply with this chapter. Failure to comply will result
in the Town performing the necessary services to bring the property
within compliance. The cost of property maintenance services and equipment
shall be in accordance with the Town's current fee schedule and
equipment charge out rates. All costs of such service and equipment
used will be borne by the property owner and may be placed as a lien
on the property for a lack of payment.
D.
Penalty. A violation, pursuant to Subsection C above, not corrected within 30 days, or three days in the case of rank growth of vegetation and noxious weeds, from the date of the written notice of violation, or within the written time extension granted by the officer if granted, shall be punishable by a fine or forfeiture for each violation committed hereunder, plus reasonable costs of inspection and prosecution. The amount of such fine and forfeiture shall be in accordance with bond and forfeiture schedules in effect for the Town of Grand Chute. Under emergency circumstances, determined by and at the discretion of an officer, whereby a violation puts the public health, safety and/or welfare at an imminent risk of harm, the officer may provide notice and order the violation to be corrected within 24 hours instead of 30 days, or three days in the case of rank growth of vegetation and noxious weeds.
[Amended 4-23-2015 by Ord. No. 2015-06]
E.
Each day separate violation.
(1)
Each day a violation exists and fails to be corrected within 30 days, or three days in the case of rank growth of vegetation and noxious weeds, of the written notice of violation, or within a written time extension granted by the officer if granted, shall constitute a separate violation of this chapter punishable pursuant to Subsection D above.
(2)
Enforcement and penalties set forth in this section shall be in addition
to all remedies of injunction, abatement and/or costs whether existing
under this chapter or otherwise.
(3)
In addition to the penalties set forth herein the Town of Grand Chute
may commence a nuisance action in the Outagamie County Circuit Court
to abate a violation under this chapter, the Property Maintenance
Code.
