This article shall be known as the "Property Maintenance Code"
and may be referred to in this article as "this code."
It is hereby found and declared that there exist, in the Village,
structures used for residential and nonresidential use which are,
or may become in the future, substandard with respect to structure,
equipment or maintenance or, further, that such conditions, including
but not limited to structural deterioration, lack of maintenance and
appearance of exterior of premises, infestation and existence of fire
hazards, constitute a menace of the health, safety, morals, welfare
and reasonable comfort of the citizens of the Village.
The purpose of this code is to protect the public health, safety,
morals and welfare by establishing minimum standards governing the
maintenance, appearance and condition of residential and nonresidential
premises; to fix certain responsibilities and duties upon owners and
operators and distinct and separate responsibilities and duties upon
occupants; to authorize and establish procedures for the inspection
of residential and nonresidential premises; and to provide for the
repair, demolition or vacation of premises unfit for human habitation,
occupancy or use.
The following words and terms, wherever used herein or referred
to in this code, shall have the respective meanings assigned to them
unless a different meaning clearly appears from the context:
The condition of a building or part thereof characterized
by holes, breaks, rot, crumbling, peeling, rusting or other evidence
of physical decay or neglect, lack of maintenance or excessive use.
All exterior wood and composition surfaces shall be properly protected
from the elements and against decay by paint, stain or other protective
coating and applied in a workmanlike manner.
Any element, whether created by nature or by man, which,
with reasonable foreseeability, carries litter from one place to another.
"Elements" shall include, but not be limited to, air current, rain,
water current and animals.
Any premises, or any part thereof, or any building, or any
part thereof, which may be viewed by the public.
Open space on the premises outside of any building thereon.
The control and elimination of insects, rodents and vermin.
Decayed and decomposed animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food. (See also § 190-1 of the Code of the Village of Mishicot.)
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The presence of insects, rodents, vermin or other pests on
the premises which constitute a health hazard.
Any building containing one or more dwelling units or rooming
units and also having a portion thereof devoted to non-dwelling uses
or used as a hotel.
Any person who has charge, care or control of a dwelling
or premises, or part thereof, whether with or without the knowledge
and consent of owner.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises, with or without
accompanying actual possession thereof. Any person who is a lessee
subletting or reassigning any part or all of any dwelling or dwelling
unit shall be deemed to be a co-owner with the lessor and shall have
joint responsibility over the portion of the premises sublet or assigned
by said lessee.
A public or private park, reservation, playground, beach,
or recreation center devoted to active or passive recreation or any
other area under the supervision of the Village.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any private or public property with provisions for parking
vehicles to which the public is invited or which the public is permitted
to use or which is visible from any public place or private premises.
A lot, plot or parcel of land, including the buildings or
structures thereon.
Any dwelling house, building or other structure designed
to be used, either wholly or in part, for private residential purposes,
whether inhabited or temporarily or continuously uninhabited or vacant,
and shall include any yard, grounds, walk, driveway, porch, steps,
vestibule, mailbox or other structure belonging or appurtenant to
such dwelling house, building or other structure.
All streets, boulevards, avenues, lanes, alleys or other
public ways and parks, squares, plazas, grounds and buildings frequented
by the general public, whether publicly or privately owned.
All decayed and decomposed solid waste, except body wastes, including but not limited to garbage, rubbish, ashes, dead animals, abandoned automobiles and solid wastes. (See also § 190-1 of the Code of the Village of Mishicot.)
Solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials. (See also § 190-1 of the Code of the Village of Mishicot.)
Every residential, nonresidential or mixed occupancy building
and the land on which it is situated, used or intended to be used
for dwelling, commercial, business or industrial occupancy, shall
comply with the provisions of this code, whether or not such building
shall have been constructed, altered or repaired before or after the
enactment of this code.
A.
Maintenance of exterior of premises. The exterior of the premises
and all structures thereon shall be kept free of all nuisances and
hazards to the safety of the occupants, pedestrians and other persons
utilizing the premises, and free of unsanitary conditions, and any
of the foregoing shall be promptly removed and abated by the owner
or operator. It shall be the duty of the owner or operator to keep
the premises free of hazards which include, but are not limited to,
the following:
(1)
Refuse, such as brush, weeds, broken glass, stumps, obnoxious growths,
filth, garbage, trash, and debris.
(2)
Natural growth, such as dead and dying trees and limbs or other natural
growth, which, by reason of rotting or deteriorating conditions or
storm damage, constitutes a hazard to persons in the vicinity. Trees
shall be kept pruned and trimmed to prevent such conditions.
(3)
Overhangs, such as loose and other hanging objects, which, by reason
of location above ground level, constitute a danger of falling on
the persons in the vicinity.
(4)
Sources of infestation.
B.
The exterior of the premises, the exterior of structures and the
condition of accessory structures shall be maintained so that the
appearance of the premises and structures shall not constitute a blighting
factor.
C.
Storage of commercial and industrial material. There shall not be
stored or used at a location visible from the sidewalk, street or
other public areas equipment and materials relating to commercial
or industrial use unless permitted by the Mishicot Village Board.
D.
General maintenance. The exterior of every commercial structure or
accessory structure, except accessory farm structures, including fences
or enclosures, shall be maintained in good repair. The same shall
be maintained free of broken glass, loose shingles, crumbling stone
or brick, excessive peeling paint, loose boards or other conditions
reflective of deterioration or inadequate maintenance, to the end
that the property itself may be preserved, safety and fire hazards
eliminated and adjoining properties protected from blighting influences.
[Litter defined in § 268-6O(1).]
A.
Litter collection and storage area. Every owner, occupant or lessee
of a building used for residential, business or commercial purposes
shall maintain litter collection and storage areas in a clean condition
and ensure that all litter is properly containerized. Failure to so
maintain clean litter collection and storage areas shall constitute
a violation of this subsection.
B.
Duty to collect litter before it is carried from the premises. All
litter that is subject to movement by the elements shall be secured
by the owner of the premises where it is found before the litter is
allowed to be removed from the premises by the elements.
C.
Neglected premises visible to the public. It shall be the duty of
any person owning or controlling any premises, including vacant lots
visible from any public place or private premises, to maintain such
premises in a reasonably clean and orderly manner. It shall be a violation
of this subsection to abandon, neglect or disregard the condition
or appearance of any premises so as to permit it to accumulate litter.
D.
Areas around business premises. The owner or person in control of
any public place, including but not limited to restaurants, shopping
centers, fast-food outlets, stores, hotels, motels, industrial establishments,
office buildings, apartment buildings, housing projects, gas stations
and hospital and clinics, shall at all times keep the premises clean
of all litter and shall take measures, including daily cleanup of
the premises, to prevent litter from being carried by the elements
to adjoining premises. It shall be a violation of this subsection
to abandon, neglect or disregard the condition or appearance of such
premises so as to permit it to accumulate litter.
E.
Construction sites. The property owners and the prime contractors
in charge of any construction site shall maintain the construction
site in such a manner that litter will be prevented from being carried
from the premises by the elements. All litter from construction activities
or any related activities shall be picked up at the end of each workday
and placed in containers which will prevent litter from being carried
from the premises by the elements.
F.
Maintaining sidewalks and alleys. Persons owning, occupying or in
control of any premises shall keep the sidewalks and alleys adjacent
thereto free of litter. Owners or occupants shall sweep or rinse off
the sidewalks abutting their premises as often as may be required
to keep the walk reasonable free from dirt, paper and waste. This
subsection shall not apply to sidewalks maintained by the Village.
G.
Abandoned garbage. Is shall be unlawful for any person who is in
control of any premises upon which is located or on whose behalf there
is maintained any container of refuse, waste or garbage, which has
been containerized in accordance with a contract for its removal,
to allow that refuse, waste or garbage to remain uncollected for longer
than seven days or, in any case, until after that refuse waste or
garbage creates any condition which is offensive to persons upon private
premises or public place.
H.
Animal excreta.
(1)
Allowing discharge regulated. It is unlawful for any owner, keeper
or walker of any dog or cat to have his dog or cat discharge such
animal's excreta upon any public or private property within the Village
other than the property of the owner of such dog or cat if such owner,
keeper or walker does not immediately thereafter remove and clean
up such animal's excreta from the public or private property.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
Carrying feces scoop required. No person shall walk a dog beyond
the limits of his own property without carrying or having in his possession
a scoop, bag or other items designed to pick up and remove dog feces,
and, further, it is unlawful for any person to dispose of the dog
feces on public or private property other than his own.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
Exception. This subsection shall not apply to blind persons having
control of guide dogs.
