[HISTORY: Adopted by the Common Council of the City of St.
Francis 1-15-2013 by Ord. No. 1336.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 198.
Electrical standards — See Ch. 237.
Fire prevention — See Ch. 245.
Health and sanitation — See Ch. 262.
Nuisances — See Ch. 320.
Plumbing standards — See Ch. 345.
Sewers and water — See Ch. 374.
Solid waste — See Ch. 386.
Stormwater management — See Ch. 393.
Abandoned vehicles — See Ch. 431.
[1]
Editor's Note: This chapter also repealed former Ch.
351, Property maintenance, adopted as §§ 9.09(1), 9.12,
9.13, 9.19, 9.23, 9.50 and 14.12 of the 1981 Code, as amended.
The Common Council hereby finds that the lack of maintenance
of buildings and structures within the City is likely to substantially
affect the health, safety and general welfare of the citizens of this
community. To prevent or correct the existence of such adverse conditions
and to achieve and maintain such levels of building environmental
quality as will protect and promote the health and safety and general
welfare, it is declared that there is a need for the establishment
of standards relating to the maintenance and repair of buildings,
structures and surrounding areas in the City. It is further declared
that failure to maintain buildings or other structures in a reasonable
state of repair or to keep the exterior or buildings in a reasonably
attractive condition affects the value of other properties in the
area, and adversely affects the environment and living conditions
in the area, and that each of the aforesaid conditions may create
a public nuisance.
The provisions of this chapter shall apply uniformly to all
buildings, structures, and properties within the City of St. Francis
without regard to when or under what condition or conditions such
buildings or structures were originally constructed.
For the purpose of this chapter, the following words and phrases
shall have the meanings assigned to them in this subsection. Words
and phrases not herein otherwise defined shall have the meanings accepted
by common usage.
A structure having a roof and intended for the shelter, housing
or enclosure of persons, animals or property of any kind.
The City of St. Francis Building Inspector, any assistant,
and/or any designee.
Broken concrete, bricks or other mineral matter; bottles,
porcelain and other glass or crockery; boxes; lumber (new or used),
posts, sticks or other wood; tree branches, logs, stumps, brush, yard
trimming, grass clippings and other residues; paper, rags, cardboard,
excelsior, rubber, plastic, wire, tin and metal items; discarded household
goods or appliances, junk lawn mowers, tar paper, residues from burning
or any similar materials that constitute health, fire or safety hazards.
The degeneration in condition or appearance of a building
or structure, or part thereof, characterized by, for example, breaks,
holes, rot, crumbling, cracking, peeling, rusting, inadequate paint
or any other evidence of decay or neglect.
Any scrap metal, metal alloy, synthetic or organic material
or waste; any abandoned, junked, ruined, dismantled, unlicensed, or
wrecked motor vehicle, recreational vehicle, boat, or machinery, or
any part thereof, whether salvageable or not; or any discarded household
goods or appliances.
Lot, plot or parcel of land including the buildings or structures
thereon or any part thereof.
That the item so described shall fit so as to exclude wind,
rain or moisture or vermin, pests, bugs, insects, rodents or other
similar items.
All solid waste (putrescible and non-putrescible, combustible
and noncombustible), including garbage, ashes and solid material and
industrial wastes including, but not limited to, rubbish and junk.
The owner, operator, or manager of any structure or premises.
Any combustible or noncombustible waste material or debris
as defined in this section except refuse, including, but not limited
to, cans and metal items, leaves and grass clippings, except when
being composted, or any similar materials.
Anything constructed or erected, the use of which requires
a permanent location on the ground or attachment to something having
a permanent location on the ground.
An open space at grade on the same lot as the building or
structure located between such building or structure and the adjoining
lot line and/or street line.
[Amended 10-17-2017 by Ord. No. 1416]
A.
Administration. The City Administrator, Building Inspector and any
person(s) employed or authorized by the Common Council to provide
Code enforcement on behalf of the City (Code Enforcement Officer)
shall have the authority to administer and enforce the provisions
of this chapter and are hereby authorized and directed to make, or
cause to be made, inspections in response to a complaint and/or when
he/she has reason to believe that a violation exists.
B.
Persons authorized under § 351-4 of this Code are authorized, with the aid of the City Attorney, to enforce the provisions of this chapter by commencement of forfeiture action through issuance of citation(s) for violation of this chapter. In addition, the City Attorney is authorized to commence forfeiture action(s) for violation of this chapter and, upon the direction by of the Common Council, to seek injunctive relief on behalf of the City.
C.
Entrance into property. For the purpose of making inspections, the
Building Inspector and Code Enforcement Officer are authorized to
enter, examine and survey at all reasonable times all buildings, structures
or premises within the City of St. Francis. If the Building Inspector
or Code Enforcement Officer are denied access to a building, structure,
or premises, the Building Inspector or Code Enforcement Officer may,
with the assistance of the City Attorney, apply to the Municipal Court
or Circuit Court for a special inspection warrant.
D.
Notices.
(1)
Inspection requests. The Building Inspector or Code Enforcement Officer
shall provide reasonable notice under the circumstances to the owner,
operator, or occupant of a building or structure of the date and time
for a requested inspection. Such notice may be provided in person
or via United States Mail.
(2)
Notice of violation.
(a)
Whenever inspection by the Building Inspector or Code Enforcement Officer finds the condition of any building, structure, or premises in the City of St. Francis fails to meet the requirements of this chapter, an order may be issued by the Building Inspector, Code Enforcement Officer, City Administrator, or City Attorney to the owner and/or occupant of the premises to correct such condition(s). The order shall include a description of the alleged failure or violation(s) and identify the applicable statute, code, or regulation sections that apply. Where the Building Inspector, Code Enforcement Officer, City Administrator, or City Attorney concludes that time for compliance may be provided without compromising the health, safety, or welfare of the public, the notice may specify a reasonable time period in which all violations shall be remedied; provided, however, that the granting of any such time for compliance shall not be construed to toll the accumulation of penalties under § 351-17 of this chapter. An order issued under this chapter shall be served on the owner and/or occupant by delivery of a copy of the same to such owner and/or occupant personally, or by delivery of a copy to an adult, competent person apparently in charge of the premises. In case no such person is located upon the premises, the order may be served via regular mail or be affixed in a conspicuous place near the entrance to the premises.
(b)
A copy of any notice provided for under this section shall be
sent to each Alderperson for the applicable district and to the City
Administrator.
E.
Assistance. The Building Inspector and Code Enforcement Officer may,
in consultation with the City Administrator, require assistance from
other City departments in performance of the duties under this chapter.
A.
Scope. The provisions of this section shall be construed to constitute
the minimum requirements and responsibilities of persons for maintenance
of premises in the City of St. Francis, regardless of whether such
premises are occupied or vacant.
B.
Responsibility.
(1)
No person shall allow or permit any building, structure, or premises
in the City to deteriorate or remain in a condition that is not in
compliance with the provisions of this chapter.
(2)
No person shall occupy, or permit another person to occupy, any premises
within the City that does not comply with the requirements of this
chapter.
(3)
No occupant(s) [including owner-occupant(s) or tenant(s)] of any
building in the City shall fail to care for and maintain any part
of the building or premises that is occupied by and under control
of such occupant(s) in compliance with this chapter.
(4)
All responsible persons shall be jointly and severally responsible
for maintaining compliance of their premises with the provisions of
this chapter.
[Amended 2-4-2014 by Ord. No. 1357]
The exterior of any premises in the City shall be maintained
by the responsible person or tenant, where applicable, in accordance
with this section.
A.
Clean, sanitary and reasonably safe.
(1)
In a clean and reasonably sanitary condition.
(2)
Free from any debris, junk, refuse, and/or rubbish that is not within
containers that comply with this chapter for purposes of storage and
collection; provided, however, that such storage shall not be for
longer than necessary to accommodate collection, and in no event for
longer than seven days.
(3)
In a condition so as not to become infested with or harbor rats contrary to § 351-15 of this chapter, entitled "Rat control."
(4)
Free from used building materials.
(5)
Free from animal feces that have been present for more than 24 hours.
(6)
Free from any appliances, furnaces, water heaters, water softeners
or building materials that are not integrated into a structure within
five days of being placed on premises.
(7)
Free of any raw materials, equipment parts, or bulk commodities,
unless said items are a raw material used in a lawful business carried
out on the premises or a final manufactured product.
(8)
Free from motor vehicle, boat or aircraft parts and tires (excluding
tires actually and regularly used in the rear yard of a residential
dwelling as sandboxes, swings, and/or playground equipment).
B.
Maintenance of alleys and vacated alleys. All alleys and vacated
alleys abutting private property shall be maintained by the abutting
property owner between the lot line of the premises to the center
of the alley in accordance with this code.
C.
Grading and drainage. All premises shall be graded and maintained
to prevent the erosion of soil and to prevent the accumulation of
stagnant water thereon, or within any structure located thereon. All
courts, yards or other areas on the premises shall be properly graded
to divert water away from the structure. Adjacent ground surface shall
be sloped away from the structure with a grading of at least 1/2 inch
per foot for a minimum of five feet where possible or by other means
such as eaves, troughs and downspout extensions. Approved retention
and detention basins, however, shall be permitted to hold water in
accordance with their approved design and capacity.
D.
Sidewalks, walkways, stairs, driveways and parking facilities. Private
bituminous or concrete sidewalks, walkways, stairs, driveways, and
parking facility areas shall be maintained in good repair and reasonably
safe and in a reasonably dust-free and vegetation-free condition.
E.
Weeds. All exterior premises shall be kept free from weeds, as defined
in this code. Where weed destruction is not performed by the responsible
person, the Weed Commissioner may cause such weeds to be destroyed.
F.
Landscaping.
[Amended 9-2-2014 by Ord.
No. 1369]
(1)
Landscaping, plantings and other decorative surface treatments, including
species of grass common to Southeastern Wisconsin, shall be installed
and maintained so as to present an attractive appearance in all court
and yard areas in accordance with generally accepted landscaping practices
in Southeastern Wisconsin.
(2)
Lawn maintenance.
(a)
Unless granted a permit for a natural lawn from the Planning Commission under § 351-6F(3) of this Code, grass shall be maintained by the responsible person at a height not to exceed nine inches.
(b)
Plantings on private property, including, but not limited to, grasses,
trees and shrubs, shall be maintained so as not to present hazards
to persons or vehicles traveling on public rights-of-way and shall
be maintained so as to enhance the appearance and value of the property
on which located, and thereby enhancing the appearance and value of
abutting property, the neighborhood and the City.
(c)
Maintenance by the responsible person of lands between the property line and the curb or traveled portion of the street abutting the premises shall, unless a natural lawn permit has been granted under § 397-5 of this Code, be limited to maintenance of turf grass planted in such area. Such grass shall be maintained by the responsible person at a height not to exceed nine inches.
(d)
All plantings, other than turf grass, abutting an improved City right-of-way
(i.e., a City right-of-way that has been improved by the placement
of a concrete or asphalt sidewalk, drive approach, carriage walk,
street, or roadway) shall be maintained back at least six inches horizontally
from such improved City right-of-way. All plantings, including but
not limited to turf grass, within five feet of an improved City right-of-way
shall also be maintained at a height not greater than nine inches
to maintain adequate vision clearance and to avoid interference with
pedestrian and vehicle passage.
(3)
Natural lawn permit.
(a)
An application for a natural lawn permit on privately owned property,
if desired, shall be made by the responsible person on a form provided
by the City.
(b)
The application shall state with specificity the dimensions of the
area for which a permit is sought, along with a diagram showing the
position of the area relative to sidewalks, driveways, streets, alleys,
and other publicly owned rights-of-way. The application shall state
the species, if ascertainable, and maximum height of the proposed
grasses/plants. The application may be made without cost to the applicant.
(c)
The application may be granted or granted with reasonable conditions unless it is determined by the Planning Commission that the granting will conflict with the purpose and intent of this chapter, in which event the application will be denied. A permit granted for a natural lawn shall be subject to the provisions in § 397-5 of this Code regulating the planting, cutting, pruning, or removal of any tree, shrub or plant by any person between any property line and the curb or traveled portion of the street(s) abutting the premises.
(d)
Any person aggrieved by a determination by the Planning Commission
under this subsection concerning a natural lawn permit may appeal
such determination to the Board of Appeals within 20 days of the Planning
Commission determination being appealed from.
(4)
Weed Commissioner orders; compliance required. In the event that
the responsible person fails to comply with an order of the Weed Commissioner
to cut grass, or to trim any tree or shrub that the Weed Commissioner
has determined to present an unreasonable hazard to persons or vehicles
traveling on any public right-of-way, the Weed Commissioner may cause
or direct such grass to be cut and/or such tree/bush to be trimmed
or removed to the extent reasonably necessary to abate the unreasonable
hazard to persons or vehicles traveling on the public right-of-way
at the property owner's expense. In the event of nonpayment, the City's
costs shall be assessed against the property as a special charge as
provided in § 66.0627, Wis. Stats.
G.
Firewood storage. Firewood, for personal use only, may be kept on
residentially zoned or used property. It shall be stored in straight,
orderly piles which are raised a minimum of eight inches off the ground,
which are not more than four feet in height, which are not in the
"front yard" as defined in the Zoning Ordinance,[1] and which are no closer than four feet to a dwelling.
H.
Exterior storage. Exterior storage is subject to all required reviews,
approvals and permits under the Zoning Code and any applicable screening
requirement. When required, screening shall be maintained in good
repair. Exterior storage is prohibited on residentially zoned or used
property.
I.
Exhaust vents. Pipes, ducts, conductors, fans, blowers or other exhaust
vents shall not discharge gases, steam, vapor, hot air, grease, smoke,
odors or other gaseous or particulate wastes directly upon public
or private property or that of another tenant on the same premises.
J.
Accessory buildings/structures. All accessory buildings and structures,
including windows and doors which are a part thereof, shall be maintained
such that they are structurally sound, in good repair, reasonably
weathertight, watertight, and rodent-proof. Responsible persons shall
not permanently remove any door or window except to board up a door
or window by removing existing trim, installing framing as necessary,
and siding to match the existing siding.
K.
Fences. All fences permitted under the Code of Ordinances shall be
maintained in good repair, be structurally sound and plumb. Fence
surfaces shall be free of rust, corrosion, deterioration, decay, missing
parts, and peeling, flaking and chipped paint. Wood surfaces, other
than decay-resistant wood, must be protected from the elements and
decay by painting or other protective covering or treatment.
L.
Graffiti. No owner or occupant of any building or structure shall allow graffiti to be placed or remain upon any building or structure where such graffiti is visible from the street or from any other public or private property. The provisions of this section shall be construed to be in addition to the responsibilities of an owner set forth in § 338-15E of this Code concerning graffiti.
No owner or occupant of any building or structure in the City
shall allow or permit the exterior of such building or structure to
deteriorate or remain in a condition that does not comply with the
provisions of this section.
A.
Exterior walls, surfaces, and repairs. All exterior walls and surfaces,
including, but not limited to, decorative features and overhang extensions,
doors, door and window frames, cornices, porches and trim, shall be
maintained in good repair. All exterior surfaces shall be free from
decay, missing parts, serious cracking, irregularities, and peeling,
flaking and chipped paint. Flaking and chipping paint, when removed,
shall be collected and stored in containers and disposed of in accordance
with federal and state law. Exterior wood surfaces, other than decay-resistant
woods that have not had paint or other preservatives applied to them,
shall be protected from the elements and decay by painting or other
approved protective covering or treatment. An approved protective
covering shall mean brick, stone, painted or stained wood, vinyl,
aluminum, stucco, or comparable material commonly used in the building
industry for like purposes. Peeling, flaking and chipped paint shall
be eliminated and affected surfaces treated and repainted in a workmanlike
manner. All siding and masonry joints as well as those between the
building envelope and the perimeter of windows, doors, and skylights
shall be maintained weather resistant and watertight. All surface
repairs shall be completed to closely match the existing surface color
and texture.
B.
Street numbers. All dwellings and buildings in the City of St. Francis shall be numbered in accordance with § 198-13 of this Code.
C.
Structural members. All structural members shall be maintained structurally
sound, in good repair, and be capable of safely supporting the imposed
loads.
D.
Foundation walls. All foundation walls shall be maintained structurally
sound, plumb and free from open cracks and breaks, in good repair,
and shall be kept in such condition so as to prevent the entry of
rodents.
E.
Exterior walls. All exterior walls shall be maintained structurally
sound, free from holes, breaks, loose or rotting materials, in good
repair, and maintained weatherproof. Responsible persons shall not
remove any door or window in a residential dwelling, except to board
up a door or window not required for light or ventilation by removing
existing trim, installing framing as necessary and siding to match
the existing siding. All repairs shall be completed in a workmanlike
manner to match the existing materials, architecture and colors. The
Building Inspector shall approve all methods used to board up any
windows or doors in commercial, manufacturing or industrial buildings.
F.
Roofs and drainage. The roof and flashing shall be maintained structurally sound, tight and not have defects that admit water. The roof coverings shall be in good repair, free from wear and tear, storm damage and missing components. All repairs shall be made to closely match the type and color of the existing roof. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall be discharged as provided in § 345-7 of this Code.
G.
Decorative features. All cornices, belt courses, corbels, terra cotta
trim, wall facings and similar decorative features shall be maintained
in good repair with proper anchorage and in a safe condition. Any
missing parts shall be replaced with matching parts.
H.
Overhang extensions. All canopies, marquees, signs, metal awnings,
fire escapes, standpipes, exhaust ducts and similar overhang extensions
shall be maintained structurally sound and in good repair with proper
anchorage.
I.
Stairways, decks, porches, ramps and balconies. Every exterior stairway,
deck, porch, ramp, and balcony, and all appurtenances attached thereto,
shall be maintained structurally sound, in good repair, with proper
anchorage and capable of supporting the imposed loads. Any new or
replacement stairways, decks, porches, ramps and balconies shall be
installed in accordance with the applicable requirements of the Wisconsin
Administrative Code as amended from time to time.
J.
Handrails/guardrails.
(1)
Requirements. Every stairway, deck, porch, ramp and balcony
with more than three risers or where more than 24 inches above grade,
shall have handrails/guardrails installed which are in good repair.
"Good repair" shall mean structurally sound, with proper anchorage,
and capable of supporting projected loads.
(2)
Maintenance. Every handrail/guardrail installed shall be maintained
so as to be in good repair. Every handrail/guardrail installed shall
be replaced if destroyed and repaired if not in good repair.
(3)
Standards for handrails. Handrails shall be installed in accordance
with the following standards:
(a)
One-family and two-family dwelling units: thirty-inch minimum
height; thirty-eight-inch maximum height.
(b)
Multifamily dwellings of three or more units: thirty-four-inch
minimum height; thirty-eight-inch maximum height.
(c)
Handrails shall be measured vertically from the nosing of the
tread.
(d)
Handrails shall be continuous without interruption by newel
posts, other structural elements or obstructions. Handrails may be
interrupted by a newel post at a turn or landing in a stairway.
(e)
Handrails shall have intermediate rails on open-sided floor
areas. The rails shall be balusters or be of solid material such that
a sphere with a diameter of four inches cannot pass through any opening.
Plywood and latticework are not permitted in replacement or new intermediate
rails.
[1]
This standard shall not apply to intermediate rails installed
prior to 2005 that are in good repair, and that have balusters or
are of a solid material such that a sphere with a diameter of six
inches cannot pass through any opening.
(4)
Standards for guardrails. Guardrails shall be installed in accordance
with the following standards:
(a)
One-family and two-family dwelling units: no less than 36 inches
in height.
(b)
Multifamily dwellings of three or more units: no less than 42
inches in height.
(c)
Guardrails shall be measured vertically above the leading edge
of the tread or adjacent walking surface.
(d)
Guardrails shall have intermediate rails on open-sided floor
areas. The rails shall be balusters or be of solid material such that
a sphere with a diameter of four inches cannot pass through any opening.
Plywood and latticework are not permitted in replacement or new intermediate
rails. This standard shall not apply to intermediate rails installed
prior to 2005 that are in good repair, and that have balusters or
are of a solid material such that a sphere with a diameter of six
inches cannot pass through any opening.
K.
Chimneys, towers and antennas. All chimneys, cooling towers, smokestacks
and similar appurtenances shall be maintained structurally safe and
sound, and in good repair. All exposed surfaces of metal or wood shall
be protected from the elements and against decay or rust by periodic
application of weather-coating materials, such as paint or similar
surface treatment. All masonry joints shall be filled solid and devoid
of any cracks or gaps.
L.
Windows. Every window, storm window, skylight and screen window,
including the frames shall be kept in sound condition, good repair
and weathertight.
(1)
Glazing. All window glazing materials shall be maintained free
from cracks and holes.
(2)
Operable windows. Every window, other than a fixed window, shall
be easily operable, capable of being held in position by existing
window hardware, and have locking devices in good repair and good
working order.
(3)
Insect screens. During the period from April 15 to October 15,
every operable window, every door and other outside openings required
for ventilation of habitable rooms, food preparation areas, food service
areas, and any area where products to be included or used in food
for human consumption are processed, manufactured, packaged or stored,
shall be supplied with tightly fitting screens of not less than 16
mesh per square inch and every swinging door shall have a self-closing
device in good repair and good working condition. The use of half
screens or interior type temporary screens is prohibited.
M.
Doors. All exterior doors, door assemblies and hardware shall be
maintained in good working condition and in good repair. Exterior
doors, when closed, shall fit reasonably well within the frame. Latches
at all exterior doors to dwelling units shall tightly secure the door.
N.
Security maintenance. All building security locks and any related
intercom communication systems shall be maintained and kept in good
working condition and good repair.
O.
Basement hatchways. Every basement hatchway shall be maintained in
good repair and to prevent the entrance of rodents, rain and surface
drainage water.
P.
Guards for basement windows. Every basement window that is designed
to be opened shall have storm windows or other approved protection
against the entry of rodents, in good working condition and in good
repair.
No owner or occupant of any residential building in the City
shall allow or permit the interior of such building to deteriorate
or remain in a condition that does not comply with the provisions
of this section.
A.
Interior wall, ceiling and floor surfaces and repairs. All interior
wall, ceiling and floor surfaces, including, but not limited to, windows
and doors, shall be maintained in good repair. All such surfaces shall
be free from serious cracking, irregularities and peeling, flaking
and chipped paint. A waterproof and hard surface shall be provided
in spaces subject to moisture. All surface repairs shall be completed
to closely match the existing surface color and texture. Floor surfacing
shall provide ease of maintenance and durability appropriate for the
use of the room.
B.
Structural members. All structural members shall be maintained structurally
sound, in good repair, and be capable of supporting the imposed loads.
C.
Toilet room compartment and bathroom flooring. Every toilet room
floor surface and bathroom floor surface shall be properly constructed
and maintained so as to be reasonably impervious to water and so as
to permit such floor to be easily kept in a clean and sanitary condition.
D.
Stairs and walking surfaces. All interior stairs and railings, ramps,
balconies, porches, decks and other walking surfaces shall be maintained
in a structurally sound condition, in good repair, with proper anchorage
and capable of supporting the imposed loads.
E.
Handrails and guardrails. Every handrail and guardrail shall be maintained
so that it is structurally sound, in good repair, with proper anchorage
and capable of supporting the imposed loads.
F.
Interior doors. Every interior door shall fit reasonably well within
its frame and shall be capable of being opened and closed by being
properly and securely attached to jambs, headers or tracks as intended
by the manufacturer of the attachment hardware.
G.
Equipment, appliance and utility installation and maintenance. Every
piece of equipment, appliance and utility shall be so constructed,
installed and maintained so that it will be in good repair and in
a good working condition. Any piece of equipment or appliance not
in good working condition, which is supplied by the responsible person,
shall be repaired or removed by the responsible person. It shall be
the responsibility of the tenant or occupant to maintain supplied
equipment, appliances and utilities, in a clean and sanitary condition
when contained within the tenant's/occupant's dwelling unit.
H.
Sanitary conditions. The responsible person shall maintain the common
areas of his/her premises in a reasonably clean, safe and sanitary
condition. A person shall not occupy any premises, or permit another
person to occupy any premises that does not comply with the requirements
of this chapter. Occupants (including both owner occupants and tenants)
of premises shall be responsible for caring for and maintaining in
a reasonably clean, safe, and sanitary condition that part of the
premises that they occupy and control. All responsible persons and
occupants (including owner occupants and tenants) shall be jointly
and severally responsible for securing compliance of their premises
with this Code.
The owner and occupant of any building, structure, or premises in the City shall be responsible for complying with the provisions of this section. Responsibility for complying with the provisions of this section shall be construed to be in addition to any responsibility imposed under Chapter 386, (Solid Waste,) and § 455-40 (Sanitation and related storage,) of this Code.
A.
Waste containers with tight-fitting lids shall be provided for both
residential and nonresidential property for the collection of waste
until such waste is removed from the premises for disposal.
B.
Waste containers and dumpsters shall be of a number and size to adequately
handle the waste generated by the occupant(s) of the premises.
C.
The responsible person shall be responsible for preventing or correcting
any overflow of waste from the waste containers or dumpsters.
D.
All dumpsters shall be placed on a hard paved surface.
E.
When required by the City, enclosures for waste containers and dumpsters
shall be installed and maintained in accordance with approved plans.
F.
Waste containers and dumpsters shall be maintained in sound structural
condition and in good repair.
G.
Except for the day of collection, waste containers and dumpsters
shall be stored every day, at any location on private property which
is enclosed, or stored in a dwelling or structure, or located in the
rear or side yard for the dwelling or structure.
H.
Waste containers and dumpsters shall be located so as not to create
a nuisance.
A.
General.
(1)
Scope. The provisions of this section and Chapter 345, (Plumbing Standards,) of this Code shall govern the minimum requirements and standards for plumbing systems, facilities and fixtures in structures.
(2)
Responsibility. The responsible person of the structure shall provide
and maintain plumbing systems facilities, and fixtures that are properly
installed, in good repair, in good working condition, kept free from
obstructions, leaks and defects, and capable of performing the function
for which such plumbing fixtures are designed.
B.
Plumbing system hazards. Where it is found that a plumbing system
in a structure constitutes a hazard to the occupants or the structure
by reason of inadequate service, inadequate venting, cross-connection,
back-siphonage, improper installation, deterioration or damage or
for similar reasons, the Building Inspector shall require the defects
to be corrected to eliminate the hazard.
A.
General.
(1)
Scope. The provisions of this section shall govern the minimum requirements
and standards for mechanical and electrical facilities and equipment
in structures.
(2)
Responsibility. The responsible person of the structure shall provide
and maintain mechanical and electrical facilities and equipment in
compliance with this section.
(3)
Prohibition. No person shall occupy or permit another person to occupy
any structure that does not comply with the requirements of this Code.
No responsible person shall cause any mechanical or electrical service,
facility or equipment which is required under this Code to be removed
from, shut off from or discontinued from any occupied dwelling, dwelling
unit or lodging room let or occupied by him/her, except for temporary
interruption as may be necessary while actual repairs are in process,
or during such temporary emergencies when discontinuance of service
is approved by the Building Inspector.
B.
Heating facilities and equipment.
(1)
Facilities and equipment required. The owner of any building or structure
in the City shall be responsible for providing heating facilities
and equipment as required by this section.
(2)
Residential occupancies. Dwellings and dwelling units shall be provided
with heating facilities and equipment capable of maintaining a room
temperature of 68° F. in all habitable rooms, bathrooms and toilet
rooms when the outside temperature is at or above 0° F. and 60°
F. when the outside temperature is below 0° F.
(3)
Heat supply. Every responsible person for any structure who lets
one or more dwelling units, lodging units on terms, either expressed
or implied, to furnish heat to the occupants thereof, shall supply
heat to maintain a temperature of not less than 68° F. in all
habitable rooms, bathrooms, and toilet rooms when the outside temperature
is at or above 0° F. and 60° F., when the outside temperature
is below 0° F.
(4)
Central heating system requirements. Every central heating system
shall comply with the Wisconsin Administrative Code, when applicable.
It shall also comply with the following requirements:
(a)
The central heating system shall be in good repair and good
working condition.
(b)
Every heat duct, steam pipe and hot-water pipe shall be free
of leaks and shall function so that an adequate amount of heat is
delivered where intended.
(c)
Every seal between the sections of a warm air furnace shall
be tight, so noxious gases will not escape into heat ducts.
C.
Electrical facilities.
(1)
Facilities required. The owner of any occupied structure in the City
shall provide an electrical system in compliance with the requirements
of this section.
(2)
Service. Every dwelling and dwelling unit shall be served by a main
service that is not less than 60 amperes, three wires and protected
with fuses or circuit breakers. The size and usage of electrical appliances
shall serve as a basis for determining the need for additional facilities
in accordance with NFPA 70.
(3)
Electrical system hazards. Where it is found that the electrical
system in a structure constitutes a hazard to the occupants or the
structure by reason of inadequate service, improper fusing, insufficient
outlets, improper wiring or installation, deterioration or damage,
or for similar reasons, the Building Inspector shall require the defects
to be corrected to eliminate the hazard.
A.
Boarding. Any vacant structure that has been damaged by fire, water,
wind, animals; vandalized; and/or unfit for habitation or occupancy
shall be secured as follows:
(1)
At least one door boarded and secured at the grade level shall be
maintained with locks and hinges to permit entry for inspection purposes.
(2)
All doors and windows on ground level and those doors and windows
accessible to grade by stairs or permanently fixed ladders within
10 feet of grade shall be boarded and secured, unless directed otherwise
by the Building Inspector.
(3)
Boards shall be cut to fit door and window openings, and screws at
least two inches in length shall be used to fasten boards to the structure.
One-half-inch or three-quarter-inch wood or plywood shall be used.
(4)
The boarded material shall be painted to match the trim or siding
color of the structure or be painted flat white.
(5)
Alternate methods of boarding may be permitted upon written approval
by the Building Inspector.
B.
Fencing. When any structure has been damaged by fire, water, illegal
entry, or other cause; when hazardous or dangerous conditions exist;
and, when such structure cannot be secured by conventional locking
or boarding up windows and doors, such structure shall be fenced off
so as to prevent access and entry to the structure and the area immediately
surrounding the structure within 24 hours of the damage.
C.
Prohibition. No person or party shall board or fence a structure
contrary to the standards contained in this section.
D.
Special charge. In the event the responsible person fails to comply
with an order of the Building Inspector to secure the structure in
accordance with the standards for securing structures set forth in
this Code, where applicable, the Building Inspector shall have the
structure properly secured. Costs incurred by the City in securing
the structure shall be levied against the benefited property as a
special charge pursuant to § 66.0627, Wis. Stats.
A.
No person, either as owner, lessee, occupant or otherwise, shall
store or deposit, or cause or permit to be stored or deposited, any
abandoned, junked, discarded, dismantled or unregistered motor vehicle
in and upon any private property, street or government property within
the City of St. Francis.
B.
For purposes of this chapter, the term "abandoned, junked, discarded,
dismantled, inoperable or unregistered motor vehicle" means any vehicle:
C.
Exceptions. This section shall not apply to the following:
(1)
Any motor vehicle or motorcycle fully located within a private garage.
(2)
A duly licensed automobile salvage dealer.
(3)
A duly licensed dealer in used vehicles.
(4)
A motor vehicle located on premises wherein lawful automobile repair
takes place.
(5)
A collector vehicle being stored for the purpose of appreciation,
or an antique vehicle that is 20 or more years old, when stored in
an enclosed building not in public view.
D.
Removal.
(1)
Authority to tow. Subject to the procedures hereinafter set forth,
such motor vehicles may be towed and stored by the Police Department,
at the cost and expense of the owner thereof. Unclaimed towed vehicles
may be disposed of by towers through means and procedures authorized
by law.
(2)
Notice of intent to tow; parking on private property.
(a)
The owner of a motor vehicle which is upon private property
with the consent of the owner of the private property shall be notified
of a violation of this section and provided with 10 full calendar
days to repair, assemble, make the vehicle operable and roadworthy
and license any vehicle which may not be licensed or in the alternative
place such vehicle within a duly authorized and licensed sales, repair
or salvage business lawfully operating within a properly zoned area
and in compliance with all state and local laws, rules, regulations,
licenses and permits. Failure to comply with this provision will subject
the owner of the motor vehicle to the penalties described herein.
(b)
The owner of a motor vehicle that is upon private property without
the consent of the owner of the private property shall be notified
of a violation of this section through the posting of a notice on
the vehicle and provided with 72 hours to remove the vehicle. Failure
to remove the vehicle after 72 hours of such notice will be deemed
to be vehicle abandonment within the meaning of § 342.40,
Wis. Stats., and will be subject to the penalties applicable to vehicle
abandonment under Wisconsin law and the City of St. Francis Code,
and to the penalties described herein.
(3)
Notice of intent to tow; public property and rights-of-way. The owner
of such motor vehicle which is upon public property or rights-of-way
shall be notified of a violation of this section and provided with
24 hours to repair, assemble, make the vehicle operable and roadworthy
and license any vehicle or place such vehicle in a garage or enclosed
structure or place such vehicle within a duly authorized and licensed
sales, repair or salvage business lawfully operating within a properly
zoned area and in compliance with all state and local laws, rules,
regulations, licenses and permits.
(4)
Service of notice of intent to tow; computation of time; private
property.
(a)
If the owner of a motor vehicle which is upon private property as described in Subsection D(2) above can be reasonably determined, service of the notice of intent to tow shall be attempted thereon, by personal service, verified by an affidavit of service or by registered or certified mail with return receipt, and, in addition thereto, a stick-on or otherwise waterproofed and fastened notice of intent to tow shall be posted on the motor vehicle, which notice shall be deemed adequate notice in the event that there is no service of notice of intent to tow by personal service or return receipt from registered or certified mail. The ten-day time limit provided to procure voluntary compliance with this section shall commence to run the day after the notice of intent to tow is posted on the motor vehicle.
(b)
If the owner of a motor vehicle which is upon private property as described in Subsection D(2) above cannot be reasonably determined, a stick-on or otherwise waterproofed and fastened notice of intent to tow shall be posted on the motor vehicle, which notice shall be deemed adequate notice. The seventy-two-hour time limit provided to procure voluntary compliance with this section shall commence to run the day after the notice of intent to tow is posted on the motor vehicle.
(5)
Service of notice of intent to tow; computation of time; private
property, streets, alleys and rights-of-way. If the owner of such
a motor vehicle which is upon any public property, street, alley or
right-of-way can be reasonable determined, said owner shall be given
oral and/or written notice of intent to tow, and in addition thereto
a stick-on or otherwise waterproofed and fastened notice of intent
to tow shall be posted on the motor vehicle, which notice shall be
deemed adequate in the event that there is no oral and/or written
notice of intent to tow provided to the motor vehicle owner. The twenty-four-hour
time limit provided to procure voluntary compliance with this section
shall commence to run at such time as the motor vehicle is posted.
(6)
Extensions of time. The Police Department, for good cause, upon the
motor vehicle owner's request, may grant a reasonable extension
of any time limit imposed herein to enable a motor vehicle owner to
voluntarily comply with this section.
(7)
Other ordinances and laws. Such a motor vehicle may be towed under
authority of any other ordinance or law pursuant to procedures therein
specified, where a tow is authorized by another ordinance or law for
reason other than a violation of this section.
(8)
Non-tolling of period of time provided to comply with this section.
The period of time with which an owner of a motor vehicle is provided
hereunder to comply with this section in order to avoid a tow shall
not be tolled by the fact of a temporary removal of said vehicle from
the place whereupon the violation of this section was noticed to occur
under circumstances where the vehicle continues to be such a motor
vehicle.
(9)
Sanction for noncompliance. The owner of such motor vehicle who fails, in a timely manner, to comply with this section shall be subject to having his motor vehicle towed and stored at his expense and shall, as hereinafter provided, be subject to a money forfeiture and to potential imprisonment as provided for in § 351-17 of this chapter should a court-imposed forfeiture not be paid in a timely manner. Each day of violation of this section shall be deemed a separate offense. A citation for a violation of this section is not a precondition to such a motor vehicle being towed under authority of this section.
(10)
Hearing. The notice of intent to tow shall provide the owner
of such motor vehicle with an opportunity to request a hearing before
a designee of the Police Chief to enforce this section. Where a hearing
is requested within the time provided for compliance in the notice,
no action shall be taken to tow the vehicle or issue a citation hereunder
until the hearing is held. However, said owner may be required to
appear for a hearing to be scheduled within 24 hours of the request.
The failure of the owner to appear at a scheduled hearing shall constitute
a waiver of said right to a hearing.
(11)
Appeal. Appeal shall be as hereinafter provided, the City electing not to be governed by Ch. 68, Wis. Stats. An aggrieved party desiring to appeal from a hearing determination under Subsection D(10) may file a written notice of appeal, which must be received by the Police Department prior to the expiration of the time for compliance with this section provided for in the notice of intent to tow. The notice of appeal shall state the error alleged in the initial decision and shall provide the address and phone number of the appellant. The appeal shall be heard by the City Attorney or his or her designee. The review shall be upon the record and a written determination affirming or denying the initial decision maker shall be made. No vehicle shall be towed until the appeal process is completed, and then only where the decision of the initial decision maker finding a violation of this section is upheld, and only after the appellant has been notified of the appeal decision and given at least 24 hours to comply with this section. Further appeal shall be to the Circuit Court. However, such appeal shall not stay enforcement of this section, except by injunction of the Circuit Court.
(12)
Notice of towing. Where such a motor vehicle is towed hereunder
and where the owner and owner's address of the towed vehicle
is known or reasonably ascertainable to the person who authorized
the tow, said owner shall be provided notice, either personally or
by regular mail, that the vehicle has been towed by a certain tower
to a certain location. The owner shall be provided with the tower's
phone number and advised that the vehicle should be claimed therefrom,
upon payment of the appropriate towing and storage charges, as soon
as possible, for daily storage charges are accumulating. The notice
shall also indicate that the vehicle may be disposed of by the tower,
to recoup such charges, in a manner and through a procedure authorized
by law.
(13)
Agreement to defend, indemnify and hold harmless. The City will
defend or pay for the defense of any tower towing under this section
and will indemnify and hold harmless any tower towing under this section
from any loss, damages, costs or expenses which he may sustain, incur
or be required to pay should any person or party make claim or commence
a lawsuit against any such tower where the basis for the claim or
lawsuit is an allegation that this section is unconstitutional on
its face or in its application. A prerequisite for the above City
obligation is written notice by a tower of a claim or lawsuit to the
City Clerk within five days of the receipt thereof and a tender of
the defense thereof to the City.
No person shall have or permit on any premises owned or occupied
by him any open cisterns, cesspools, wells, unused basements, excavations
or other dangerous openings. All such places shall be filled, securely
covered or fastened in such manner as to prevent injury to any person;
and any cover shall be of such design, size and weight that the same
cannot be removed by small children.
No person shall discard or abandon any refrigerator, icebox
or deep freeze locker, having a capacity of 1 1/2 cubic feet
or more, that is no longer in use, and that has not had the door removed,
or such portion of the latch mechanism removed to prevent latching
or locking of the door. No owner, lessee or manager shall knowingly
permit such a refrigerator, icebox or deep freeze locker to remain
on premises under his or her control without having the door removed,
or such portion of the latch mechanism removed to prevent latching
or locking of the door.
A.
HARDWARE CLOTH
OWNER or MANAGER
RAT HARBORAGE
RATPROOF CONTAINER
RATPROOFING
Definitions. As used in this section, the following terms shall have
the meaning indicated:
Wire screening of such thickness and spacing as to afford
reasonable protection against the entrance of rats and mice.
The owner is the title holder of record. The manager is the
one in actual possession, charge, or control of any property within
the City as tenant, agent, trustee, guardian, executor or administrator.
Notice to a manager shall be good and sufficient notice both as to
the manager and the owner.
Any place where rats can live and nest without fear of frequent
molestation or disturbance.
A container constructed of concrete or metal or a container
lined with metal or other material that is impervious to rats, and
openings into the container such as doors shall be tight-fitting to
prevent the entrance of rats.
Shall consist of closing openings in building foundations
and openings under and around doors, windows, vents, and other places
which could provide means of entry for rats, with concrete, sheet
iron, hardware cloth or other types of ratproofing material approved
by the Health Officer/Public Health Administrator.
B.
Elimination of rat harborages. Whenever accumulations of boxes, lumber,
scrap metal, car bodies, or any other materials provide rat harborage,
the person, firm or corporation owning or in control of such materials
shall cause the materials to be removed, or the materials shall be
stored so as to eliminate the rat harborage. Lumber boxes and similar
materials shall be neatly piled. These piles shall be raised at least
a foot above the ground. When the owner of the materials cannot be
found after reasonable search, the owner or manager of the premises
on which the materials are stored shall be responsible for disposal,
or proper piling, of the materials.
C.
Elimination of rat feeding places. No person, firm or corporation
shall place, or allow to accumulate, any materials that may serve
as a food for rats in a site accessible to rats. Any waste material
that may serve as food for rats shall be stored in ratproof containers.
Food for birds shall be placed on raised platforms, or such feed shall
be placed where it is not accessible to rats.
D.
Extermination. Whenever rat holes, burrows, or other evidences of
rat infestation are found on any premises or in any building within
the City, it shall be the duty of the owner or manager of such property
to exterminate the rats or to cause the rats to be exterminated. Within
10 days after extermination, the owner or manager shall cause all
of the rat holes or burrows in the ground to be filled with earth,
ashes or other suitable material.
E.
Ratproofing. It shall be the duty of the owner or manager of any
building in the City of St. Francis to make such building reasonably
ratproof, to replace broken basement windows and when necessary to
cover the basement window openings with hardware cloth or other suitable
material for preventing rats from entering the building through such
window openings. The owner or manager of any premises upon which sheds,
barns, coops or similar buildings are located shall eliminate the
rat harborages from within and under such buildings by ratproofing,
raising the buildings above the ground, or by some other suitable
method.
To compensate the City for inspection and administrative costs
related to the enforcement of this chapter, an escalating fee established
by the Common Council through resolution may be charged for any reinspection
following the initial inspection which resulted in an order for corrective
action and the first reinspection to determine compliance with an
order for corrective action issued hereunder. There shall be no reinspection
fee for a final inspection indicating compliance or for a reinspection
occurring during the period of an approved time extension granted
for good cause and involving a good faith effort on the part of the
property owner to comply with the order. Reinspection fees that are
not paid by or on behalf of the property owner within 30 days of mailing
of an invoice to the property owner of record on the City tax roll
shall be delinquent and shall be charged and collected as a special
charge against the real estate upon which the reinspections were made
in accordance with § 66.0627, Wis. Stats., and shall be
a lien upon the real estate until paid in full.
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-4 of this Code.
