The Village Board hereby finds and declares as follows:
A. First, maintenance of land, buildings and structures (sometimes referred
to collectively herein as "premises") in the Village of Blue Mounds
affects the health, safety, and general welfare of the residents of
the Village of Blue Mounds.
B. Second, that land, buildings, and structures that have become or
are becoming deteriorated, dilapidated, neglected, fire hazards, harborages
for vermin, rodents or other pests, or otherwise unsanitary may constitute
public nuisances, and are detrimental to the health, safety and general
welfare of the residents of the Village of Blue Mounds.
C. The general purpose of this chapter is to protect and enhance the
public health, safety, and general welfare of the residents of the
Village by establishing minimum standards for maintenance of premises.
D. To further its general purpose, this chapter has the following specific
objectives:
(1) To provide minimum standards of maintenance necessary to protect
the health, safety and general welfare of persons occupying or using
land, buildings and structures in the Village.
(2) To provide minimum standards for the exterior appearance of all land,
buildings and structures within the Village, and to thus prohibit
the spread of blighted property in the Village.
(3) To protect the character and stability of premises within the Village.
(4) To preserve the value of land, buildings and structures throughout
the Village.
(5) To provide a means to declare that certain land, buildings and structures
fail to meet the standards of this chapter and are detrimental to
the health, safety and general welfare of the residents of this community,
and require that the community standards set forth in this chapter
be enforced.
This chapter is not intended to replace or modify standards
otherwise established for the construction, replacement or repair
of buildings and structures. However, in the event there is any inconsistency
or conflict between the provisions of this chapter and any other existing
Village ordinance, the more restrictive provisions shall apply.
For the purpose of this chapter, the following words and phrases
will be defined as follows:
ACCESSORY STRUCTURE
A structure, the use of which is incidental to that of the
main building and which is attached thereto or located on the same
premises.
BASEMENT
That portion of a building, the floor line of which is below
the surface of the ground immediately adjoining it and its ceiling
not more than four feet above lot grade.
BUILDING
A combination of materials constructed or adapted for permanent
or temporary use as a residence, business, storage facility or barn.
DETERIORATION
The condition or appearance of a building, dwelling and/or
accessory structure or part thereof, characterized by breaks, holes,
rot, crumbling, cracking, peeling, rusting, inadequate paint or other
evidence of decay or neglect.
DWELLING
Any structure designed for use by human occupants for sleeping
and living purposes, whether occupied or vacant. A dwelling is one
type of building.
EXTERMINATION
The control and elimination of insects, rodents, or other
pests by eliminating their harborage places; by removing or making
inaccessible materials that may serve as their food; by poisoning,
spraying, fumigating, trapping; or by any other recognized and legal
pest elimination methods approved by the State of Wisconsin or Dane
County Health Department.
FENCE
An independent structure forming a barrier at grade or between
lots, between a lot and a street or an alley, or between portions
of a lot or lots and includes a wall or latticework screen but excludes
a hedge or natural growth, or a barrier of less than 18 inches in
height that is used to protect plant growth.
GARBAGE
All waste, animal, fish, fowl or vegetable matter incident
to and resulting from the use, preparation and storage of food for
human consumption.
INFESTATION
The presence of insects, rodents, vermin or other pests on
the premises that constitutes a health hazard.
INOPERABLE APPLIANCE
Any stove, washer, refrigerator or other appliance that is
no longer operable for the purpose for which it was manufactured.
JUNK
Any old or scrap metal, metal alloy, synthetic or organic
material or waste.
JUNKED VEHICLE
Motor vehicles, recreational vehicles, truck bodies, tractors,
farm machinery or trailers in such state of physical or mechanical
ruin as to be incapable of propulsion, being operated upon the public
streets or highways or that is otherwise not in safe or legal condition
for operation on public streets or highways due to missing or inoperative
parts, flat or removed tires, expired or missing license plates or
other defects.
MOTOR VEHICLE
A vehicle, including a combination of two or more vehicles
or an articulated vehicle, which is self-propelled, except a vehicle
operating exclusively on rail. [See § 340.01(35), Wis. Stats.]
NUISANCE
A.
Any public nuisance known at common law or in equity jurisprudence,
or as provided by the Statutes of the State of Wisconsin, or in the
Code of the Village of Blue Mounds.
B.
Any attractive nuisance that may prove detrimental to the health
or safety of children in a building or structure, on the area outside
of or surrounding a building or structure, or upon unoccupied property.
This includes, but is not limited to: open and unprotected basements
and excavations, inoperable appliances, junked vehicles, any structurally
unsound fences or structures, lumber, trash, fences, debris, or vegetation
such as poison ivy, or oak sumac. Without limitation, the above are
hereby declared to be public nuisances, pursuant to this chapter and
other provisions of the Village of Blue Mounds Code, wherever they
may be found in the Village.
OCCUPANT
Any person occupying or having use of premises or any part
thereof.
OPERATOR
Any person who has apparent authority for charge, care or
control of premises or any part thereof.
OWNER
Any person who alone, jointly, or severally with others,
shall hold title to premises, or who shall be in actual possession
of, or have charge, care or control of premises as an employee or
agent of the title holder, or who shall be trustee or guardian of
the estate or person of the title holder. For purposes of providing
notice under this chapter, the Village may rely on the presumption
that the owner is the person or persons designated on the tax roll
with respect to the premises.
PERSON
Includes a corporation, firm, partnership, association, organization
and any other group acting as a unit as well as individuals, including
a personal representative, receiver or other representative appointed
according to law. Whenever the word "person" is used in any section
of this chapter prescribing a penalty or fine, it is identifying the
person responsible for payment or corrective action. As to partnerships,
associations or limited-liability companies, the word shall include
the partners, members or managers thereof; and, as to corporations,
the word shall include the officers, authorized designees or agents
thereof.
PREMISES
When used herein, the word "premises" is intended to be comprehensive
and shall include land, buildings, structures or any part thereof.
REFUSE
All solid waste (except body waste), including but not limited
to: garbage, rubbish, ashes, street cleanings and solid market and
industrial wastes.
REPAIR
To restore to a state of operation, serviceability or appearance
in conformity with this chapter.
REPLACE
To remove an existing item or portion of a building or structure
and to construct or install a new item of similar or improved quality
as the existing item when it was new. Replacement will ordinarily
take place when the item is incapable of repair.
RUBBISH
Rubbish is the miscellaneous waste material, combustible
and noncombustible, resulting from housekeeping and ordinary mercantile
enterprises, and includes but it not limited to boxes, cartons, excelsior,
paper ashes, cinders, tin cans, bottles and broken glass, rubber,
grass clippings, brush, leaves and garden plants.
STRUCTURE
Anything constructed or erected that requires location on
the ground or is attached to something having location on the ground,
including a building, fence, freestanding wall, sign or other advertising
medium, whether detached or projecting.
SUBSTANDARD
All buildings that do not conform to the minimum standards
established by this chapter and by any other provisions of this Code
or by the State of Wisconsin Administrative Code.
UNLICENSED VEHICLE
Motor vehicles, truck bodies, tractors, recreational vehicles
or trailers that do not bear lawful current license places.
WEATHERING
Deterioration, decay, or damage by exposure to the elements.
YARD
An open space at grade on the same lot as a building or structure
located between such building or structure and the adjoining lot line,
and/or street line.
[Amended 8-12-2015]
Police officers are authorized to make inspections of the exterior
of any premises for the sole purpose of determining whether the premises
conform to the requirements of this chapter. Village residents may
register complaints of violations of this chapter to the Village Clerk/Treasurer,
in writing, in person, by email or by telephone. The Village Clerk/Treasurer,
in his/her reasonable discretion, shall determine whether to respond
directly to the complaint or refer the complaint to the building inspector
or police officer for further action.
It shall be unlawful for the owner of any building, structure
or premises who has received a compliance order or upon whom a notice
of violation has been served to sell, transfer, mortgage, lease or
otherwise dispose of to another until the provisions of the compliance
order or notice of violation have been complied with, or until such
owner shall first furnish to the Director of Public Works a signed
and notarized statement from the grantee, transferee, mortgagee, or
lessee, acknowledging the receipt of such compliance order or notice
of violation and fully accepting the responsibility without condition
for making the corrections or repairs required by such compliance
order or notice of violation. To assure compliance with this provision,
the Village may file a lis pendens against the real estate.
[Amended 5-14-2014 by Ord. No. A-221; 8-12-2015]
A. Each violation of any section or subsection of this chapter and each day a violation continues shall constitute a separate offense and be punishable as provided in §
1-3 of the Code of the Village of Blue Mounds.
B. Forfeitures set forth in this section shall be in addition to all
other remedies of injunction, abatement or costs whether existing
under this chapter or otherwise.