[Adopted 4-3-2000 by Ord. No. 2000-2 as Title 15, Ch. 4,
of the 2000 Code]
For purposes of this article, the following definitions shall
be applicable:
ABANDONED DWELLING
A dwelling which is not occupied and which is not intended
by the owner to be occupied within a reasonable period of time. A
dwelling shall be presumed to be abandoned if it is unoccupied for
a period of 12 consecutive months. Occupancy required hereunder shall
be bona fide and not acquired for the sole purpose of defeating the
abandonment of a dwelling.
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.
BLIGHTED AREA
Any area (including a slum area) in which a majority of the
structures are residential (or in which there is a predominance of
buildings or improvements, whether residential or nonresidential)
and which, by reason of dilapidation, deterioration, age or obsolescence,
inadequate provision for ventilation, light, air, sanitation or open
spaces, high density of population and overcrowding, or the existence
of conditions which endanger life or property by fire and other causes,
or any combination of such factors, is conducive to all ill health,
transmission of disease, infant mortality, juvenile delinquency and
crime and is detrimental to the public health, safety, morals or welfare.
BUILDING
Any structure built for the support, shelter and enclosure
of persons, animals, chattels or movable property of any kind and
which is permanently affixed to the land or connected to a utility,
and includes those structures resting on runners, wheels, or similar
supports.
DETERIORATION
The condition or appearance of a building or part thereof
characterized by holes, breaks, rot, crumbling, cracking, peeling,
rusting or other evidence of physical decay, neglect, lack of maintenance
or excessive use.
DILAPIDATED
Describes a building, structure or part thereof which is
in a state of ruin or shabbiness resulting from neglect. The term
applies to a hazard to life or property.
DWELLING
Any enclosed space which is wholly or partly used or intended
to be used for living or sleeping by human occupants.
NUISANCE
Any public nuisance known at common law or in equity jurisprudence
or as provided by the statutes of the State of Wisconsin or the Village
of East Troy Code of Ordinances. Further, a public nuisance is a thing,
act, occupation, condition or use of property which shall continue
for such length of time as to:
A.
Substantially annoy, injure or endanger the comfort, health,
repose or safety of the public; or
B.
In any other way render the public insecure in life or in the
use of property.
OCCUPANT
Any person living or sleeping in or having actual possession
of a building.
OWNER
Any person who, alone or jointly or severally with others:
A.
Shall have legal title to any premises, with or without accompanying
actual possession thereof; or
B.
Shall have charge, care or control of any premises as owner
or agent of the owner or an executor, administrator, trustee or guardian
of the estate of the owner. Any such person thus representing the
actual owner shall be bound to comply with the provisions of this
article and of rules and regulations adopted pursuant thereto to the
same extent as if he/she were the owner.
PERSON
Any natural individual, firm, trust, partnership, association
or corporation.
PREMISES
A platted lot or part thereof or unplatted lot or parcel
of land or plot of land, either occupied or unoccupied by a dwelling
or nondwelling structure, and includes any such building, accessory
structure or other structure thereon.
REFUSE
All putrescible and nonputrescible solids (except body wastes),
including garbage, rubbish, ashes and dead animals.
RUBBISH
Nonputrescible solid wastes (excluding ashes) consisting
of either:
A.
Combustible wastes such as paper, cardboard, plastic containers,
yard clippings and wood; or
B.
Noncombustible wastes such as tin cans, glass or crockery.
No owner or occupant shall accumulate or allow the accumulation
outside of a building or accessory structure of waste matter, litter,
refuse, rubbish, lumber, metal scraps, machine parts, discarded or
nonfunctioning appliances, accessories, furniture or other material
on such property which presents a blighted appearance on the property
or which constitutes a nuisance or which tends to decrease the value
of neighboring properties.
[Amended 5-18-2020 by Ord. No. 2020-09]
A. Minimum
standards. No person shall occupy as owner-occupant or shall let or
hold out to another for occupancy any dwelling or family unit for
the purpose of living therein or own or be in control of any vacant
dwelling or dwelling unit which is not safe, clean, sanitary and fit
for human occupancy and which does not comply with the particular
requirements of the following subsections.
B. Foundations,
exterior walls and roofs. No person shall be an owner or occupant
of any premises which does not comply with the following requirements:
(1) Every exterior wall and roof shall be covered with an acceptable building material, as set forth in §
510-90G of the zoning regulations, that is properly mounted and in a good condition to provide a watertight surface and finished appearance. For the purpose of this subsection, "good condition" means free of deterioration, holes, breaks, gaps, and missing or loose materials.
(2) Structures
that require paint or stain should have paint or stain applied at
regular intervals to exterior building surfaces. When the building
has more than 30% deterioration of its finished surface on any wall,
that wall shall be painted or stained. Such painting and staining
shall be completed within 90 days from the date of first application.
(3) All
cornices, moldings, lintels, sills, oriel windows and similar projections
shall be kept in good repair and free from cracks and defects which
make them hazardous or unsightly.
(4) Roof
surfaces shall be tight and have no defects which admit water. All
roof drainage systems shall be secured and hung properly.
(5) Chimneys,
antennas, air vents and other similar projections shall be structurally
sound and in good repair. Such projections shall be secured properly,
where applicable, to an exterior wall or exterior roof.
(6) If any exterior wall or roof material is removed from an existing building, such area must be covered with an acceptable building material, as set forth in §
510-90G of the zoning regulations, within 90 days of when any material was removed. Upon petition, the Code Enforcement Officer or the Building Inspector may, with cause, grant up to two extensions, not exceeding 30 days each extension.
C. Grading
and drainage of lots. Every yard, court, vent, passageway, driveway
and other portion of the lot on which the building stands shall be
graded and drained so as to prevent the accumulation of water on any
surface or on adjacent property. Driveways shall be maintained in
good repair.
D. Accessory
structures. All accessory structures shall be maintained in a state
of good repair and vertical alignment. All exterior appurtenances
or accessory structures which serve no useful purpose and are in a
deteriorated or dilapidated condition, which are not economically
repairable, shall be removed. Such structures include, but are not
limited to, porches, terraces, entrance platforms, garages, driveways,
carports, walls, fences and miscellaneous sheds.
E. Abandoned
dwellings. The owner of any abandoned dwelling shall:
(1) Cause
all services and utilities to be disconnected from or discontinued
to said dwelling;
(2) Lock
all exterior doors and windows of said dwelling;
(3) Maintain such dwelling so that its foundation, floors, windows, walls, doors, ceilings, roof, porches and stairs shall be reasonably weathertight, waterproof, rodentproof, structurally sound and in good repair such that they comply with Subsection
B; and
(4) Maintain the yard and accessory structures such that they comply with Subsections
C and
D.
F. Nuisances.
The interior and exterior of vacant and abandoned dwellings shall
be maintained in a nuisance-free condition.
Nothing in this article shall be construed as prohibiting the
abatement of public nuisances by the Village of East Troy or its officials
in accordance with the laws of the State of Wisconsin or Village ordinances.
In addition to any other penalty imposed by this article for
erection, contrivance, creation, continuance or maintenance of a public
nuisance, the cost of abating a public nuisance by the Village shall
be collected as a debt from the owner, occupant or person causing,
permitting or maintaining the nuisance, and if notice to abate the
nuisance has been given to the owner, such cost shall be assessed
against the real estate as a special charge.
[Adopted 4-3-2000 by Ord. No. 2000-2 as Title 15, Ch. 5,
of the 2000 Code]
This article shall be known as the "Village of East Troy Commercial
Property Exterior Maintenance Code."
Every owner, operator or occupant of a commercial property,
or part thereof, shall maintain that portion of the exterior of the
property controlled by him/her.
Whenever the Building Inspector determines that there are reasonable grounds to believe that there has been a violation of any provision of this article or of any rule or regulation adopted pursuant thereto, he/she shall give notice of such alleged violation to the person or persons responsible therefor and commence an enforcement action pursuant to Article
I of this chapter.