[HISTORY: Adopted by the Town Board of the Town of Vinland
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Title 15, Ch. 3, of the 2004 Code]
A.
Policy. There exist in the Town of Vinland structures, residential
yards or vacant areas, or combinations thereof, which are or may become
unhygienic, dilapidated or unsafe with respect to structural integrity,
equipment or maintenance and as such constitute a menace to the health,
safety and welfare of the public. Lack of maintenance and progressive
deterioration of certain properties have the further effect of creating
blighted area conditions, and if such conditions are not curtailed
and removed, the expenditure of large amounts of public funds to correct
and eliminate the same will be necessary. Timely regulation and restriction
to contain and prevent blight is necessary thereby maintaining the
desirability and amenities as well as property values of the neighborhoods
in the Town.
B.
Purpose. The purpose of this article is to protect public health,
safety and welfare by establishing minimum property maintenance standards.
This article does not replace or modify standards otherwise established
by other portions of this Code for construction, repair, alteration
or use of buildings. This article is meant to be remedial and this
section should be liberally construed to effectuate the purposes stated
herein. Violation of the minimum standards set forth in this article
shall be deemed to be a public nuisance.
For purposes of this article, the following definitions shall
be applicable:
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.
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.
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 ill health, transmission
of disease, infant mortality, juvenile delinquency and crime, and
is detrimental to the public health, safety, morals or welfare.
Any structure built for the support, shelter and enclosure
of persons, animals, chattels or moveable 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.
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.
Describes a building, structure or part thereof which is
in a state of ruin or shabbiness resulting from neglect. The term
implies a hazard to life or property.
Any enclosed space which is wholly or partly used or intended
to be used for living or sleeping by human occupants.
Any public nuisance known at common law or in equity jurisprudence
or as provided by the statutes of the State of Wisconsin or the Town
Code. Further, a public nuisance is a thing, act, occupation, condition
or use of property which shall continue for such length of time as
to:
Any person living, sleeping or having actual possession of
a building.
Any person who, along or jointly or severally with others:
Shall have legal title to any premises, with or without accompanying
actual possession thereof; or
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 were the owner.
Any natural individual, firm, trust, partnership, association
or corporation.
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.
All putrescible and nonputrescible solids (except body wastes),
including garbage, rubbish, ashes and dead animals.
Nonputrescible solid wastes (excluding ashes) consisting
of either:
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.
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 shall be free of deterioration, holes, breaks,
loose or rotting board or timbers.
(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.[1]
(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.
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 such 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 shall not
be 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 disconnected
to said dwelling;
(2)
Lock all exterior doors and windows of said dwelling.
F.
Nuisances. The interior and exterior of vacant and abandoned dwellings
shall be maintained in a nuisance-free condition.
A.
Upon determination by the Town Building Inspector of a violation
of this article, the Town shall notify the owner and, if different
from the owner, the occupant of the premises of such violation.
B.
The notice shall specify the nature of the violation, the required
correction and a reasonable time, not to exceed 30 days, to correct
the violation. The notice shall be served upon the person or persons
named personally or by certified mail, addressed, postage paid, to
the last known address of such person or persons.
C.
The person so notified shall have the right to appeal the decisions
of the Building Inspector to the Town Board within 30 days of the
date of notice.
D.
If upon expiration of the time given for correction of a violation
and time for any appeal therefor such correction is not made, the
Town Building Inspector shall file an action in the name of the Town
in the Circuit Court for Winnebago County, Wisconsin, in accordance
with the provisions of Ch. 823, Wis. Stats., as amended from time
to time.
Nothing in this article shall be construed as prohibiting the
abatement of public nuisance by the Town of Vinland or its officials
in accordance with the laws of the State of Wisconsin or Town ordinances.
In addition to any other penalty imposed by this article for
the erection, contrivance, creation, continuance or maintenance of
a public nuisance, the cost of abating a public nuisance by the Town
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 as Title 15, Ch. 4, of the 2004 Code]
This article shall be known as the "Town of Vinland Commercial
Property Exterior Maintenance Code."
A.
This article is adopted for the purpose of preserving and promoting
the public health, safety, comfort, convenience, prosperity and general
welfare of the people of the Town and environs. This includes, among
others, physical, aesthetic and monetary values.
B.
It is recognized that there may now be or may in the future be commercial
buildings, structures, yards or vacant areas, and combinations thereof,
which are so dilapidated, unsafe, dangerous, unhygienic or inadequately
maintained so as to constitute a menace to the health, safety and
general welfare of the people. The establishment and enforcement of
minimum commercial property maintenance standards is necessary to
preserve and promote the private and public interest.
A.
Purpose. The purpose of this section is to recognize the private
and public benefits resulting from the safe, sanitary and attractive
maintenance of commercial buildings, structures, yards or vacant areas.
Attractive and well-maintained property will enhance the neighborhood
and Town and provide a suitable environment for increasing physical
and monetary values.
B.
Minimum requirements. Every owner or operator shall improve and maintain
all property under his control to comply with the following minimum
requirements:
(1)
Drainage. All courts, yards or other areas on the premises shall
be properly graded to divert water away from any building or structure.
(2)
Weeds. All exterior property areas shall be kept free from noxious
weeds as required by this Code. Where weed cutting is required, the
Weed Commissioner shall perform said weed cutting and process the
charge therefor as a special assessment against the benefitted property.
(3)
Debris. All exterior property areas shall be properly maintained
in a clean and sanitary condition, free from debris, rubbish or garbage,
physical hazards, rodent harborage and infestation, and animal feces.
All animal feces shall be removed within 24 hours.
(4)
Fences, walks and parking areas. Fences, other minor construction,
walks, driveways, parking areas, and similar paved areas shall be
properly maintained in a safe, sanitary and substantial condition.
Approved walks shall provide all-weather access to buildings or structures.
(5)
Exterior surfaces. Exterior surfaces of buildings and structures
not inherently resistant to deterioration shall be treated with a
protective coating of paint or other suitable preservative which will
provide adequate resistance to weathering and maintain an attractive
appearance. Any exterior surface treated with paint or other preservative
shall be maintained so as to prevent chipping, cracking or other deterioration
of the exterior surface or the surface treatment and to present an
attractive appearance. All paint or other preservative shall be applied
in a workmanlike fashion.
(6)
Yard areas. Yard areas of real estate shall not be permitted to deteriorate
or remain in a condition that is not in accord with the following:
Yard areas shall be kept in a clean and sanitary condition, free from
any accumulation of combustible or noncombustible materials (which
are not used as an integral part of the authorized business carried
out on the premises), debris or refuse. Unless in a properly zoned
district and screened by a visual barrier at least five feet high,
yards shall not be used to store appliances, furnaces, hot water heaters,
water softeners, or building material not used within five days, or
any unsightly bulk items, unless these items are raw material used
in the business carried out on the premises.
(7)
General requirements. Every foundation, exterior wall and roof shall
be reasonably weathertight, watertight and rodentproof and shall be
kept in proper repair and shall be capable of affording privacy. Any
hazardous sagging or bulging shall be properly repaired and maintained
so as to ensure that it is safe.[1]
(8)
Windows and doors. Every window, exterior door, and basement hatchway
shall be reasonably weathertight, watertight and rodentproof and kept
in proper repair. All door and window hardware shall be installed
and maintained in proper working condition.
(9)
Outside stairs and porches. Every outside stair, every porch, and
every appurtenance thereto shall be so constructed as to be safe to
use and capable of supporting the load that normal use may cause to
be placed thereon, and shall be kept in proper condition and repair
and shall present an attractive appearance. All exterior stairs and
steps and every appurtenance thereto shall comply with the requirements
specified in the Wisconsin Administrative Code.
(10)
Removal of debris.
(a)
No person shall dispose of rocks, trees, stumps, waste building
material or other debris from land development, building construction,
street grading, or installation of underground utilities upon the
surface of any land in the Town, except at approved disposal sites.
(b)
No landowner shall allow an accumulation of rocks, trees, stumps,
waste building material or other debris from land development, building
construction, street grading, or installation of underground utilities
upon the surface of his land for a period of more than 10 days.
(c)
All land filling operations shall be leveled off to permit the
mowing of the weeds between June 1 and November 1. This includes the
removal of stones, bottles, wire and other debris that will interfere
with mowing operations.
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.
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 Chapter 190, Building Construction, of this Code.
