[HISTORY: Adopted by the Village Board of the Village of
Coloma as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-30-1994 as
Title 9, Ch. 7, of the 1994 Code]
A.
It is hereby found and declared that premises exist within the Village
limits which are blighted because there exist thereon blighted buildings
or structures either due to faulty design or construction or to failure
to maintain them in a proper state of repair or to improper management
or due to the accumulation thereon of junk, wood, brick, cement block
or other unsightly debris, refrigerators, furnaces, appliances, machinery
or parts thereof, structurally unsound fences and other such items
which tend to depreciate property values and to jeopardize or be detrimental
to the health, safety, morals or welfare of the Village residents.[1]
B.
It is hereby further found and declared that such blighted premises,
buildings or structures contribute to the development of, or increase
in, disease, infant mortality, crime and juvenile delinquency; that
conditions existing on such blighted premises are dangerous to the
public health, safety, morals and general welfare of the residents;
that conditions existing on such blighted premises necessitate excessive
and disproportionate expenditure of public funds for public health,
public safety, crime prevention, fire protection and other public
services; that the conditions existing on such blighted premises cause
a drain upon public revenue and impair the efficient and economical
exercise of governmental functions in such areas.
C.
It is hereby further found and declared that the elimination of blighted
premises and the prevention of occurrence of blighted premises in
the future is in the best interests of the citizens of this Village
and that the accomplishment of this end will be fostered and encouraged
by the enactment and enforcement of this section. It is hereby declared
to be essential to the public interest and it is intended that this
section be liberally construed to effectuate the purpose heretofore
stated.
The following definitions shall only apply in the interpretation
and enforcement of this section:
Any building or structure, which is wholly or partly used
or intended to be used for living or sleeping by human occupants and
includes any appurtenances thereto.
Any habitable room or group of adjoining habitable rooms
located within a dwelling and forming a single unit with facilities
which are used or intended to be used for living, sleeping, cooking
and eating of meals.
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 any other approved pest control
methods.
Any public nuisance known in common law or in equity jurisprudence.
Any attractive nuisance which may prove detrimental to children
whether in a building or upon an unoccupied lot. This includes any
abandoned wells, shafts, basements and excavations; or any abandoned
refrigerators, furnaces, machinery or parts thereof, structurally
unsound fences and structures; or any lumber, trash, fences, debris
or vegetation which may prove a hazard for inquisitive minors.
Whatever is dangerous to human life or is detrimental to health.
Dwelling or nondwelling structures which tend to depreciate
property values and jeopardize or be detrimental to the health, safety,
morals or welfare of the Village residents due to faulty design or
construction or to failure to maintain them in a proper state of repair
or to improper management.
Any person living, sleeping or eating or having actual possession
of a dwelling, dwelling unit or rooming unit.
Any person who has charge, care or control of a building
or part thereof in which dwelling or rooming units are let.
Any person who alone or jointly or severally with others
shall be the legally recorded holder of the title with or without
actual possession thereof, or who has charge, care or control of any
dwelling or dwelling unit as agent, owner, or as executor, administrator,
trustee or guardian of the estate of the owner. The term "owner" under
this section shall also include the legally recorded holder of a land
contract vendee interest.
Includes any individual, firm, corporation, partnership or
association.
Any lot, plot or parcel of land either occupied or unoccupied
by any dwelling or nondwelling structure.
The responsibilities of the occupants are as follows:
A.
To keep the exterior of the dwelling and nondwelling structures and
premises he/she controls and occupies in a clean and sanitary condition.
A.
The responsibility of the owners are as follows:
(1)
To exterminate in the following cases:
(a)
When infestation exists in two or more units of a multiple unit
structure.
(b)
When infestation exists in shared or public areas of a multiple
unit structure.
(c)
When infestation exists in a single unit of a multiple unit
or in a single unit structure when infestation is due to failure of
the owner to maintain the dwelling in a ratproof and reasonably insect-proof
condition.
(2)
To perform the responsibilities of the occupant when premises are
vacant.
(3)
In addition to the above, no owner shall permit any premises to exist
or any dwelling or nondwelling structure or fence to exist on any
premises which does not comply with the following requirements:
(a)
Maintenance of structures. Every foundation, exterior wall,
roof, window, exterior door, basement hatchway and every other entranceway
of every dwelling or nondwelling structure shall be so maintained
as to prevent the structure from becoming a harborage for rats and
shall be kept in a reasonably good state of maintenance and repair.
(b)
Protection of exterior wood surfaces. All exterior wood surfaces
of all dwelling or nondwelling structures shall be properly protected
from the elements and against decay by paint or other approved protective
coating applied in a workmanlike manner.
(c)
Maintenance of fences. Every fence shall be kept in a reasonably
good state of maintenance and repair or shall be removed.
(d)
Pest control. Every premise shall be so maintained as to prevent
the premises from becoming a harborage for rats and insect pests.
Whenever infestation with rodents or pests exists in any premises
upon which no structure or nondwelling structures are located, extermination
thereof shall be the responsibility if the owner.
B.
General cleanliness. The accumulation or storage of junk, wood, brick,
cement block or other unsightly debris, old automobiles or parts thereof,
trucks, tractors, refrigerators, furnaces, washing machines, stoves,
machinery or parts thereof, such as may tend to depreciate property
values in the area to create a nuisance or hazard shall not be allowed
on any lot or parcel or land within the limits of the Village except
as may be allowed by permit approved by the Village Board or except
when such materials are properly housed and out of public view.
When the Building Inspector, Waushara County Public Health Department
and/or Fire Inspector determines that there are reasonable grounds
to believe that there has been a violation of any provision which
affects the safety of any such occupants or the safety of the general
public, he/she shall give notice of such alleged violation to the
person or persons responsible therefor and to any known agent of such
persons, as hereinafter provided. Such notice shall:
A.
Be put in writing.
B.
Include a statement of the reasons why it is being issued.
C.
Allow a reasonable time for the performance of any act it requires.
D.
Be served upon the owner or his/her agent or the occupant as the
case may require; provided that such notice shall be deemed to be
properly served upon such owner or agent, or upon such occupant, if
a copy thereof is served upon him/her personally or if a copy thereof
is sent by registered mail to his/her last known address or if a copy
thereof is posted in a conspicuous place in or about the premises
affected by the notice or if he/she is served with such notice by
any other method authorized or required under the laws of this state.
E.
Such notice must contain an outline of remedial action which, if
taken, will effect compliance with the provisions of this article.
A.
Enforcement. The Chief of Police, the Fire Chief, the Building Inspector
and Waushara County Public Health Department shall enforce those provisions
of this section that come within the jurisdiction of their offices
and they shall make periodic inspections and inspections upon complaint
to insure that such provisions are not violated. No action shall be
taken under this section to abate a public nuisance unless the officer
shall have inspected or caused to be inspected the premises where
the nuisance is alleged to exist and has satisfied himself/herself
that a nuisance does in fact exist.[1]
B.
Summary abatement. If the inspecting officer shall determine that
a public nuisance exists within the Village and that there is great
and immediate danger to the public health, safety, peace, morals or
decency, the Village President may direct the proper officer to cause
the same to be abated and charge the cost thereof to the owner, occupant
or person causing, permitting or maintaining the nuisance as the case
may be.
C.
Abatement after notice. If the inspecting officer shall determine that a public nuisance exists on private premises but that the nature of such nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals or decency, he/she shall serve notice on the person causing or maintaining the nuisance to remove the same within 10 days. If such nuisance is not removed within said 10 days, the proper officer shall cause the nuisance to be removed as provided in Subsection B.
D.
Other methods not excluded. Nothing in this section shall be construed
as prohibiting the abatement of public nuisances by the Village or
its officials in accordance with the laws of the State of Wisconsin.
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 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 6-30-1994 as
Title 10, Ch. 2, of the 1994 Code]
A.
Cleanliness. Every occupant of a dwelling or dwelling unit shall
keep in a clean and sanitary condition that part of the dwelling,
dwelling unit and premises thereof which he/she occupies or controls.
B.
Disposal of rubbish. Every occupant of a dwelling or dwelling unit
shall dispose of all his/her rubbish in a clean and sanitary manner
by placing it in rubbish containers required by this Code.
C.
Disposal of garbage. Every occupant of a dwelling or dwelling unit
shall dispose of all his/her garbage and any other organic waste,
which might provide food for rodents, in a clean and sanitary manner
by placing it in the garbage disposal facilities or garbage storage
containers as required by this Code.
D.
Extermination of pests. Every occupant of a dwelling containing a
single dwelling unit shall be responsible for the extermination of
any insects, rodents or other pests therein or on the premises, and
every occupant of a dwelling unit in a dwelling containing more than
one dwelling unit shall be responsible for such extermination within
the unit occupied by him/her whenever his/her dwelling unit is the
only one infested, except that whenever infestation is caused by failure
of the owner to maintain a dwelling in a ratproof or insect-proof
condition, extermination shall be the responsibility of the owner.
E.
Use and operation of supplied plumbing fixtures. Every occupant of
a dwelling unit shall keep all supplied plumbing fixtures therein
in a clean and sanitary condition and shall be responsible for the
exercise of reasonable care in the proper use and operation thereof.
F.
Destruction, mutilation and defacing of property. Every occupant
of a dwelling unit, rooming unit or nursing unit shall be responsible
for the repair or replacement of any part of required residential
real estate, required supplied fixtures and equipment, required supplied
furnishings and any other required property of an owner, when such
has been willfully or wantonly damaged, mutilated or defaced by such
occupant.
A.
Any dwelling or dwelling unit, which the Waushara County Public Health
Department shall find to have any of the following defects, shall
be condemned as unfit for human habitation, occupancy or use:[1]
(1)
One which is so damaged, decayed, dilapidated, unsanitary, difficult
to heat, unsafe, or vermin infested, that it creates a hazard to the
health or welfare of the occupants or of the public; or
(2)
One which lacks illumination, ventilation or sanitary facilities,
adequate to protect the health or welfare of the occupants or of the
general public; or
(3)
One which because of its general condition or location is unsanitary
or otherwise dangerous to the health or welfare of the occupants or
of the general public, any dwelling or dwelling unit may be condemned
as unfit for human habitation by the Waushara County Public Health
Department if the owner or occupant failed to comply with any order
based on the provisions of this section or any rule or regulation
adopted pursuant thereto, provided that such dwelling or dwelling
unit is, in the opinion of the Waushara County Public Health Department,
unfit for human habitation by reason of such failure to comply.
B.
Procedure for condemnation. The condemnation of dwellings and dwelling
units as unfit for human habitation, occupancy or use shall be carried
out in accordance with § 66.0413, Wis. Stats., and the Waushara
County Public Health Department shall be, and is hereby, designated
as an "other designated officer" under the provisions of § 66.0413,
Wis. Stats.[2]
The Waushara County Public Health Department is charged with
the responsibility for the enforcement of this article. However, it
is hereby declared that the intent of this article can be most effectively
carried out by the cooperation of all Village departments concerned
and all such departments shall cooperate with the Waushara County
Public Health Department in the enforcement of this article.
