[HISTORY: Adopted by the Common Council of the City of Markesan by Ord. No. 148 (Ch. 15 of the 1991 Municipal Code). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 115.
Littering — See Ch. 224.
Nuisances — See Ch. 252.
Every building, structure and premises shall conform to the requirements of this chapter, irrespective of the class to which such building, structure and premises may otherwise belong, and irrespective of when such building may have been constructed, altered or repaired.
This chapter shall be known as the "Property Maintenance Chapter" and establishes minimum standards for maintenance of buildings, structures and premises and does not replace or modify standards otherwise established for the construction, replacement or repair of buildings and structures, except such as are in conflict with the provisions of this chapter. Any consistency or conflict between the provisions of this chapter and any other existing chapter shall not repeal such provisions or chapter, but the provisions of this chapter shall be cumulative thereto.
A. 
The terms used herein shall 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 to form a construction adapted to permanent or temporary use for residence, business or storage.
DETERIORATION
The condition or appearance of a building or 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.
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 Health Commissioner or County Health Department.
FENCE
An independent structure forming a barrier at grade or between lots, between a lot and a street or any 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 which 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 which constitute a health hazard.
NUISANCE
(1) 
Any public nuisance known at common law or in equity jurisprudence, or as provided by the statutes of the state, or this Code.
(2) 
Any attractive nuisance which may prove detrimental to the health or safety of children in a building, on the premises of a building, or upon an unoccupied lot. This includes, but is not limited to, basements, excavations, open wells and other dangerous openings, abandoned iceboxes, refrigerators, motor vehicles, any structurally unsound fences or structures, lumber, trash, fences, debris or vegetation such as poison ivy, oak, sumac, which may prove a hazard for inquisitive minors.
[Amended 4-14-2015 by Ord. No. 233]
OCCUPANT
Any person occupying or having use of a building, structure, premises or any part thereof.
OPERATOR
Any person who has charge, care or control of a building, structure or premises or a part thereof.
OWNER
Any person who, alone, jointly or severally with others, shall hold title to a building, structure or premises, or who shall be in actual possession of, or have charge, care or control of a building, structure or 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.
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 of other representative appointed according to law. Whenever the word "person" is used in any section of this chapter prescribing a penalty or forfeiture, as is used in any section of this chapter prescribing a penalty or fine, as to partnerships or associations, the word shall include the partners or members thereof and, as to corporations, shall include the officers, agents or members thereof who are responsible for any violation of such section.
REFUSE
All solid waste, except body waste, including, but not limited to, garbage; rubbish; ashes; street cleanings; abandoned, nonlicensed or inoperable motor vehicles; 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
The miscellaneous waste material, combustible and noncombustible, resulting from housekeeping and ordinary mercantile enterprises and includes, but is 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 which requires location on the ground, including a building, fence, freestanding wall, sign or other advertising medium, whether detached or projecting.
SUBSTANDARD
All buildings which do not conform to the minimum standards established by this chapter and by any other provisions of this Code or by the Wisconsin Statutes or the Wisconsin Administrative Code.
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.
B. 
Meaning of certain words. Whenever the words "building," "structure," or "premises" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof."
A. 
Owners and operators shall have all the duties and responsibilities as prescribed in this chapter and the regulations promulgated pursuant thereto, and no owner or operator shall be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the occupant is also responsible therefor in violation thereof.
B. 
Occupants shall have all the duties and responsibilities as prescribed in this chapter. No person shall attempt to contract away his responsibilities under this chapter.
A. 
The exterior of premises and all structures thereon shall be kept free of all nuisances, unsanitary conditions and any hazards to the safety of occupants, pedestrians and to the person utilizing the premises. Any of the foregoing shall be promptly removed and abated by the owner or operator.
B. 
The exterior of the premises and surrounding yard shall be kept free of hazards which include, but are not limited to, brush, weeds, broken glass, stumps, roots, obnoxious growth, filth, garbage, trash, refuse and debris.
C. 
Exterior porches, landings, balconies, stairs and fire escapes shall be provided with banisters or railings properly designed and maintained to minimize the hazard of fallings, and the same shall be kept structurally sound, in good repair and free of defects.
D. 
The exterior appearance of all buildings shall reflect a level of maintenance in keeping with the standards of the neighborhood. It shall not constitute a blighting factor for adjoining property owners or an element leading to the progressive deterioration and downgrading of the neighborhood.
E. 
The premises shall be kept landscaped and lawns, hedges and bushes shall be kept trimmed and kept from becoming overgrown and unsightly where exposed to the public view. Premises shall include the areas between the sidewalk and the curb of the street.
F. 
In addition to Subsection E above, no grass upon any private premises within the City limits shall be allowed to grow in excess of an average length of six inches before being mowed, cut or trimmed, provided, however, that this provision shall not apply to land with a pitch greater than 30° from horizontal.
[Amended 4-14-2015 by Ord. No. 233]
G. 
Yards shall be kept substantially clear of debris and shall be provided with adequate lawn, ground cover or vegetation. Hedges or bushes shall be cut or trimmed as often as necessary to maintain a neat and attractive appearance. All area not covered by any of the foregoing shall be treated to prevent dust or the blowing or scattering of dust particles into the air. All trees, bushes or vegetation which overhang a public entrance shall be properly trimmed to avoid obstruction of the view and movements of vehicles and pedestrians.
H. 
Every yard, court, driveway or other portion of the lot shall be graded or drained so as to prevent the accumulation of stagnant water on any such surface. Driveways shall be maintained in good condition and repair.
I. 
Every building, structure and all exterior appurtenances on the premises shall be adequately protected against rats, mice, termites and other vermin infestation, and shall not permit the entrance of such rat, mice, termites and other vermin. Occupants and operators shall be responsible for the extermination of rodents and vermin from that part of the premises under their exclusive control, except where more than one unit is infested at the same time and, in this instance, the owner shall also be responsible for extermination of the infestation.
J. 
Every building shall have adequate refuse, garbage or rubbish storage facilities. No occupant shall accumulate rubbish, boxes, lumber, metal refuse or other materials which may provide a harborage for rodents or vermin.
K. 
The exterior of every structure or accessory structure, residential and nonresidential, including fences, shall be maintained in good repair and all surfaces thereof shall be kept painted where necessary for purposes of preservation and appearance. The same shall be maintained free of broken loose shingles, crumbling stone or brick, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance.
L. 
Every dwelling and accessory structure, exterior walls, siding and roofs shall be kept structurally sound and in a state of good repair to avoid safety, health or fire hazards and shall be so maintained as to be weather- and watertight. (The above applies to residential and nonresidential properties.)
M. 
This chapter applies whether or not the premises are temporarily or continuously occupied or unoccupied, inhabited or uninhabited, commercial or noncommercial, and whether or not there is a structure, building or other improvement upon the premises.
[Amended 4-14-2015 by Ord. No. 233]
The Building Inspector or his designated representative is authorized and, upon receipt of complaint, shall make exterior inspections to determine whether the buildings, structures and premises located within this City conform to the requirements of this chapter. For the purpose of making exterior inspections, the Inspector is authorized to enter, examine and survey, at all reasonable times, the exterior portions of all buildings, structures or premises. Every owner or occupant shall give the Inspector free access to any said premises. The Inspector or his delegated representative, having probable cause to believe a violation of this chapter exists, shall have authority to enter any of such premises after written notice has been given to the owner, occupant or his agent. If, after such notice is given, access is denied to the Building Inspector, he may apply to the Lakeside Municipal Court for a special inspection warrant.
A. 
The Building Inspector is hereby made responsible for the enforcement of this chapter. All inspections, enforcement, orders or matters relating to violations of this chapter shall be under his direction and supervision. He may appoint or designate such other public officials or employees of the City to perform duties as may be necessary to the enforcement.
B. 
The Building Inspector shall be supplied with official identification and, upon request, shall exhibit such identification when entering any premises subject to this chapter. The Inspector shall conduct himself as to avoid intentional embarrassment or inconvenience to occupants.
Whenever the Building Inspector determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, notice of such alleged violation shall be given to the person responsible therefor which shall:
A. 
Be in writing.
B. 
Indicate the nature of the violation.
C. 
Indicate the time for the correction of the violation in accordance with this chapter.
D. 
Be served upon the owner or his agent or the occupant or operator, as the case may require. Such notice shall be deemed to be properly served upon such owner or his agent or occupant or operator if a copy thereof is:
(1) 
Served upon him personally;
(2) 
Sent by registered or certified mail to his last known address;
(3) 
Posted in a conspicuous place in or about the building or structure affected by notice; or
(4) 
Served upon a member of the family of the owner, operator or occupant 14 years of age or older.
E. 
State a reasonable amount of time, not to exceed 30 days, to correct or abate the violation.
F. 
Advise the person served of the right to request a hearing before the Common Council or Committee and that the notice shall become an order of the Building Inspector five days after service unless such a hearing is requested.
A. 
The Building Inspector shall cause to be placed upon a building, structure or premises a placard which will state the determinations of the Inspector as to the building, structure or premises being unfit for use or occupancy whenever all of the following occur:
(1) 
Any building, structure or premises does not substantially comply with the requirements of this chapter.
(2) 
The Building Inspector has given notice of the violations involved as provided for in § 273-8 of this chapter.
(3) 
If the owner, occupant or operator has failed to correct the violations set forth in said notice.
(4) 
The Building Inspector has further determined that the building, structure or premises are so damaged, decayed, dilapidated, unsafe or vermin-infested that it creates a serious hazard to the health or safety of the occupants or of the public and is therefore unfit for use or occupancy.
B. 
The form of the placard placed under the provisions of this section shall be determined by the Building Inspector, but shall also substantially state the specific violations of this chapter.
C. 
No person shall deface or remove the placard from any building, structure or premises which has been placed by the Building Inspector until removal of such placard is authorized by the Inspector.
D. 
Any building, structure or premises which has been determined by the Building Inspector as being so damaged, decayed, dilapidated, unsafe or vermin-infested that it creates a serious hazard to the health and safety of the occupants or of the public and is therefore unfit for use or occupancy and which said building, structure or premises has been placarded by the Inspector shall be vacated within such reasonable time as is determined and ordered by the Inspector.
E. 
No building, structure or premises which has been determined by the Building Inspector as unfit for use or occupancy and placarded as provided herein shall again be used or occupied until written approval is secured from and such placard is removed by the Inspector. The Inspector shall grant such approval and remove such placard in the event that the violations have been corrected and the Inspector determines that the building, structure or premises are now fit for use or occupancy.
A. 
The owner, occupant or operator of any building, structure or premises shall have the time as specified in the notice under § 273-8 of this chapter to remedy the violation specified in such notice.
B. 
In the event the Building Inspector shall determine, in his discretion, that the owner, occupant or operator is, within said time, making a good faith effort to correct the violations, he may extend the time for compliance.
C. 
If the owner, occupant or operator of the building, structure or premises shall fail or refuse, after notice and order of the Building Inspector, to remedy the violations specified in such notice, then the Inspector may cause such work to be done and certify the cost thereof to the Clerk-Treasurer who shall extend such cost against the property upon the next tax roll of the City.
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 Building Inspector 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.
A. 
A violation of any section or subsection of this chapter shall be subject to the penalties provided in § 1-3.
[Amended 4-14-2015 by Ord. No. 233]
B. 
Each day a violation exists after the notice of violation has been received and which becomes an order of the Building Inspector shall constitute a separate violation of this chapter.
C. 
Penalties 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.