[HISTORY: Adopted by the Village Board of the Village of
Fox Point as Ch. 33 of the 1961 Code. Amendments noted where applicable.]
When buildings or structures and the premises are in a state
of disrepair or not in a neat and attractive appearance, a condition
is created which may cause or contribute to injury of persons or property,
unsanitary conditions endangering the health and safety of persons
using the premises and the depreciation of real estate property values
in the Village. Each of the above conditions creates a public nuisance.
With respect to all buildings or structures, including fences,
planters, and retaining walls, the owner, occupant or agent shall
keep the exterior thereof in a neat and attractive appearance and
structurally sound, and including but not limited to, shall repaint
or use preservatives on the exterior from time to time as reasonably
required to maintain the same, and shall keep stone or brick adequately
tuck-pointed and shall keep other building material in a neat and
attractive condition.
[Amended 9-10-2001 by Ord. No. 2001-10]
A.
Every owner of real estate in the Village shall be responsible for
creating and sustaining a condition of stability of the landscape
on every parcel of land which he/she shall own or control, whether
this be accomplished by traditional means (feeding, watering, cutting
turf, pruning) or by the maintenance or restoration and management
of native or natural-appearing plant communities. This section recognizes
the fundamental right of every landowner to develop and manage his/her
landscape in the manner of his/her choosing, insofar as it does not
present a hazard to the public health or safety, or to the natural
or cultivated environment, and meets the other standards set out in
this section.
B.
Every real estate owner possessing lawns of the conventional turf
grass type shall be responsible for managing the turf grass at a height
not to exceed four inches, except as described below. A native or
natural appearing landscape is not and cannot be achieved by the abandonment
of a mown lawn. Such a determination will be made by the Village Manager
or his/her agent. The height restrictions of this section may be exceeded
during the month of May, to promote pollinator emergence.
[Amended 4-12-2022 by Ord. No. 2022-02]
C.
Dead or dying trees or shrubs adjacent to structures or conventional
turf grass lawns shall be removed. Any tree which in the opinion of
the Village Manager or his/her agent is likely to fall upon any public
sidewalk, public street or public ground shall be declared a public
nuisance and shall not be permitted to remain standing in the Village.
The owner, occupant or agent of all premises shall not store
outside property not in good operating condition and property not
usable on the premises.
The owner, occupant or agent of all premises shall at all times
keep the premises clean of litter and shall take such necessary measures
to prevent litter from being carried by the elements to adjoining
premises. Litter may include, but is not limited to, any garbage,
trash, refuse, debris, grass clippings, lawn and garden waste, newspapers,
wrapping papers, magazines, glass, containers, and construction materials
except where permitted by Village rules and regulations.
In addition to the above, the occupant or agent of all nonresidential
premises shall:
A.
Use only refuse, litter, garbage and trash receptacles outside that
are leakproof, secure against rodents and have permanent covers.
B.
Screen all outside refuse, litter, garbage and trash receptacles.
C.
Maintain all parking areas, driveways and approaches in a neat and
attractive appearance and structurally sound, including but not limited
to the elimination of holes, excavations, wet spots, breaks, broken
surfaces and bumps.
A.
Definition. Any private lot, in any zoning district within the Village,
which has never been developed, or as to which all improvements have
been razed such that the lot has been restored to an undeveloped status,
or where there is no occupied or actively used structure, shall be
deemed a vacant or undeveloped lot and subject to the terms of this
section.
B.
Requirements. Every owner or other person having authority over or
control of any vacant or undeveloped land as defined in this section
shall maintain such land in accord with the following provisions:
(1)
All areas of any such land shall be kept in a clean and sanitary
condition, free from any accumulation of combustible or noncombustible
material, debris and refuse or similar material which could or may
cause fire, safety or health hazards, or a serious blighting influence
upon surrounding properties. The provisions of this subsection shall
not apply to materials stored in conjunction with any development
of the property, while such property is being developed in accordance
with a building permit duly issued during the period of construction
or development.
(2)
Sidewalks, walks, drives, and other concrete, asphalt, bricked, graveled,
stoned, or similarly treated area shall be kept in sound condition
and good repair. Conditions resulting in dust, dirt, loose stones
or other aggregate being deposited upon an adjacent public or private
property shall be corrected.
(3)
All areas in a natural state shall be kept free of diseased or fallen
trees, branches, brush, debris, and any noxious weeds regulated under
any other provision of the Village Code.
(4)
Whenever erosion of the soil on vacant or undeveloped land repeatedly
causes the same to spill over onto the sidewalk, street, alley, or
adjoining property, the condition shall be corrected by the construction
of a suitable retaining wall, grading, sodding, or planting of grass
or other suitable ground cover.
(5)
Whenever any depressed area of such vacant or undeveloped land shall
allow the accumulation of standing or stagnant water, which water
does not or cannot percolate into the soils within 24 hours of the
last rain event, the condition shall be corrected by the construction
of a suitable drainage facility or pump in accordance with all applicable
provisions of the Village of Fox Point Code, or by suitable grading
in accordance with any applicable provisions of this Code.
(6)
No vehicles, whether registered or unregistered, or whether in sound
mechanical condition or disrepair, and no materials not employed in
the course of construction under a duly issued building permit shall
be parked upon or stored upon the premises unless such a vehicle is
attended by an individual lawfully upon and present at the vacant
or undeveloped land.
A.
Service of notices. Whenever the Building Inspector determines that
there are reasonable grounds to believe that there has been a violation
of any provision of this chapter, he shall give notice of such violation
to the person or persons responsible therefor. Such notice shall:
(1)
Be in writing;
(2)
Include a description of the real estate sufficient for identification;
(3)
Include a statement of the reason or reasons why it is being issued
and a statement of remedial actions which, if taken, would effect
compliance with the provisions of this chapter;
(4)
State a reasonable date for the performance of any remedial actions
or repairs and state that the landowner's failure to take such remedial
actions or repairs within the time period specified in the notice
will enable the Village of Fox Point, its officers, agents, or independent
contractors to enter onto the land with no additional notice required
to do so, at the landowner's expense, in order to take such remedial
actions or make such repairs necessary so the property complies with
this chapter.
(5)
Be served upon the owner, occupant or the agent, as the case may
require, provided that such notice shall be deemed to be properly
served upon such owner, occupant or agent if a copy is delivered to
him personally or by leaving a copy at his place of abode with a person
at least 18 years of age residing there or by mailing by certified
mail a copy to the last address, and the date of mailing shall be
deemed date of service.
B.
Repairs or remedial action.
(1)
Whenever the owner, occupant or agent fails, neglects or refuses to take remedial actions or take other corrective action called for by the notice of noncompliance under Subsection A of this section, the Building Inspector may undertake such repairs or remedial action after the date specified in the notice has passed, provided that in every case the Building Inspector shall allow the property owner at least the following time period to repair or remedy the matter following service of the notice:
(2)
The date indicated in the notice shall automatically be extended,
as necessary, to allow the above-mentioned minimum time following
service of the notice.
(3)
The Building Inspector shall not undertake repairs if the cost of
such work will exceed 50% of the assessed value of the building or
structure involved.
(4)
Every owner, occupant, or agent who has received notice of noncompliance and has not made repairs or taken appropriate remedial action within the time limits under Subsection B(1) shall give entry and free access to the Village, its agents, or independent contractors for the purpose of making such repairs or remedial action.
(5)
Costs of repairs made or other remedial action taken at the direction
of the Building Inspector shall constitute a special charge for current
services pursuant to § 66.0627, Wis. Stats., with a penalty
of 10% per annum on the unpaid amount starting on the 30th day provided
above.
C.
Petition for hearing.
(1)
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this chapter may request
and shall be granted a hearing before the Board of Appeals, provided
that such person shall file a written petition with the Board of Appeals
requesting such hearing and setting forth a statement of the grounds
thereof within 10 days of service of the notice.
(2)
Within 10 days of filing such petition, the Board of Appeals shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show cause why such notice should be modified or withdrawn. The hearing before the Board of Appeals shall be commenced not later than 30 days after the date the petition was filed, provided that upon written application, the Board may postpone the date of the hearing for a reasonable time beyond such thirty-day period if, in its judgment, the petitioner has submitted a good and sufficient reason for such postponement. Between the date of filing the petition and the initial date of hearing and any adjournment granted by the Board of Appeals, the Building Inspector shall not undertake any repairs or remedial action under Subsection B.
(3)
After such hearing, the Board of Appeals shall sustain, modify or
withdraw the notice, depending upon its finding as to whether or not
the provisions of this chapter have been complied with, and shall
reduce its order to writing and a copy shall be mailed by certified
mail to the petitioner.
(4)
The Board of Appeals may modify any notice so as to authorize a variance
from the provisions of this chapter when, because of special conditions,
a literal enforcement of the provisions of this chapter will result
in practical difficulty or unnecessary hardship, provided that the
spirit of this chapter will be observed, safety and welfare secured,
and substantial justice done. If the Board of Appeals sustains or
modifies such notice, it shall be deemed to be an order, and the owner,
occupant or agent, as the case may be require, shall comply with all
provisions of such order within a reasonable period of time, as determined
by said Board of Appeals.
Any owner, occupant or agent who failed to take remedial action within the date specified in the notice of the Building Inspector or who failed to obey the order of the Board of Appeals shall be subject to a penalty as provided in § 1-4 of the Fox Point Village Code. Such person shall be subject to additional prosecutions and convictions for each day upon the same notice or order, without the necessity of the Building Inspector issuing a new notice or the Board of Appeals issuing a new order, until such notice or order has been complied with. In addition to the above, action may be brought to abate a public nuisance.
As used throughout this chapter, "Building Inspector" means
the person employed by the Village of Fox Point in that position or
his or her designee.
