[Adopted 4-10-2012 by Ord. No. 2482]
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.
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.
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.
For the purpose of this article, the following terms shall have
the meanings assigned by this section:
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.
The City of New Berlin.
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.
The control and elimination of insects, rodents or other
pests by any legal method.
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.
Any land or structure, whether public or private, that is
adapted, used or occupied for purposes other than residential use.
Any person who, alone or jointly or severally with others:
Any individual, firm, corporation, association, partnership,
cooperative or governmental agency.
A lot, plot or parcel of land, including all buildings or
structures thereon.
Unwanted or discarded waste materials in any state consisting
of garbage, rubbish or a combination thereof.
Any property used permanently or temporarily for human habitation.
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."
Any lands that are not actively used for any purpose.
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.
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.
A.Â
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.Â
Structures. Structures shall be free from holes, breaks, loose or
rotting materials and maintained waterproof and properly surface coated
where required to prevent deterioration.
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.
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.
A.Â
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.Â
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.
A.Â
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.
