[HISTORY: Adopted by the Village Board of the Village of Howards Grove as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 158.
Building construction — See Ch. 175.
Nuisances — See Ch. 278.
Peace and good order — See Ch. 290.
Trees and shrubs — See Ch. 351.
Abandoned vehicles — See Ch. 362.
Zoning — See Ch. 415.
[Adopted as Title 11, Ch. 8, of the 1993 Code of Ordinances]
A. 
Title. This article shall be known as the "Property Maintenance Ordinance" and may be referred to as "this article."
B. 
Purpose. The purpose of this article 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.
C. 
Definitions. The following words and terms, wherever used herein or referred to in this article, shall have the respective meanings assigned to them unless a different meaning clearly appears from the context:
DETERIORATION
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 applied in a workmanlike manner.
ELEMENTS
Any element, whether created by nature or by man, which, with reasonable foreseeability, could carry litter from one place to another. Elements shall include but not be limited to wind, air current, rain, water current and animals.
EXPOSED TO PUBLIC VIEW
Any premises, or any part thereof, or any building, or any part thereof, which may be viewed by the public.
EXTERIOR OF THE PREMISES
Open space on the premises outside of any building thereon.
EXTERMINATION
The control and elimination of insects, rodents and vermin.
GARBAGE
Decayed and decomposed animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food. (See also "refuse" and "rubbish.")
INFESTATION
The presence of insects, rodents, vermin or other pests on the premises which constitute a health hazard.
LITTER
Includes any uncontainerized man-made or man-used waste which, if deposited within the Village otherwise than in a litter receptacle, tends to create a danger to public health, safety and welfare or to impair the environment of the citizens of the Village. Litter may include, but is not limited to, any garbage, trash, refuse, confetti, debris, grass clippings or other lawn or garden waste, newspaper, magazine, glass, metal, plastic or paper container or other construction material, motor vehicle parts, furniture, oil, carcasses of dead animals or nauseous or offensive matter of any kind or any object likely to injure any person, create a traffic hazard or create an unsightly or otherwise unpleasant environment.
MIXED OCCUPANCY
Any building containing one or more dwelling units or rooming units and also having a portion thereof devoted to nondwelling uses or used as a hotel.
NUISANCE
(1) 
Any public nuisance, as defined by statute or this Code.
(2) 
Physical conditions dangerous to human life or detrimental to health of persons on or near the premises where the conditions exist.
OPERATOR
Any person who has charge, care of control of a dwelling or premises, or part thereof, whether with or without the knowledge and consent of the owner.
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 assigning 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 with the lessor over the portion of the premises sublet or assigned by said lessee.
PARK
A public or private park, reservation, playground, beach, recreation center or any public or private area devoted to active or passive recreation or any other area under the supervision of the Village.
PARKING LOT
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.
PREMISES
A lot, plot or parcel of land, including the buildings or structures thereon.
PRIVATE PREMISES
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.
PUBLIC PLACE
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.
REFUSE
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 "garbage" and "rubbish.")
RUBBISH
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 "garbage" and "refuse.")
Every residential, nonresidential or mixed occupancy building and the land on which it is situated, used or intended to be used for a dwelling, mobile home park, or commercial, business or industrial occupancy, shall comply with the provisions of this article, whether or not such building shall have been constructed, altered or repaired before or after the enactment of this article.
A. 
Maintenance of exterior of premises. The exterior of the premises and all structures thereon shall be kept free of all nuisances and any 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.
(1) 
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:
(a) 
Refuse, such as brush, weeds, broken glass, stumps, obnoxious growths, filth, garbage, trash and debris.
(b) 
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.
(c) 
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.
(d) 
Sources of infestation. Every owner of a structure or property shall be responsible for the extermination of insects, rodents, vermin or other pests in all exterior areas of premises, except that the occupant shall be responsible for such extermination in the exterior areas of the premises of a single-family dwelling. Whenever infestation is caused by failure to maintain a dwelling in a rodent proof and insect proof condition, extermination shall be the responsibility of the owner.
(2) 
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. All accessory structures, including detached garages, shall be maintained structurally sound and in good repair.
(a) 
Foundation, walls and roof. Every foundation, exterior wall and roof shall be weathertight, watertight, rodent-proof and insect-proof, and shall be kept in a reasonably good state of maintenance and repair.
(b) 
Foundations. The foundation elements shall adequately support the building at all points.
(c) 
Exterior walls. Every exterior wall shall be free of holes, breaks, loose siding or rotting boards or timbers, and any other conditions which might admit rain or dampness to the interior portions of the walls or to the occupied spaces of the building. All exterior surface material must be covered by paint or approved protected covering applied in accordance with acceptable standards, and all siding material must be kept in repair.
(d) 
Roofs. The roof shall be structurally sound, tight and have no defects which might admit rain. Roof drainage shall be adequate to prevent rainwater from causing dampness in the walls or interior portion of the building. Existing gutters and downspouts shall be maintained in good repair and direct water away from all foundations. All dwellings nearer than three feet to property line shall have gutters and downspouts installed on the entire affected side.
(e) 
Stairs, porches and railings. Stairs and other exit facilities shall be adequate for safety as provided in this article.
(f) 
Guardrails/handrails. Every flight of stairs which is more than three risers high shall have rails which shall be located as required by this article and every porch which is more than 24 inches above grade shall have guardrails so located and of such design as required by this article. Every rail and balustrade shall be firmly fastened and shall be maintained in good condition.
(g) 
Doors and hatchways. Every window, exterior door and basement hatchway shall be reasonably weathertight, rodent-proof and provided with an approved locking device and shall be kept in good working condition and in a good state of maintenance and repair.
(h) 
Windows to be glazed. Every window sash shall be fully supplied with glass window panes or approved substitutes which are without open cracks and holes. Window panes and doors which require glazing shall not be boarded up except as a result of weather conditions or replacement and then only on a temporary basis, not to exceed three weeks.
(i) 
Windows to be openable. Every window, other than a fixed window, shall be capable of being easily opened and shall be held in position by window hardware.
(j) 
Screening. Screens shall be supplied for protection against rodents and insects in accordance with the following requirements:
[1] 
Guards for basement windows. Every basement or cellar window which is openable shall be supplied with corrosion-resistive rodent screening.
[2] 
Insect screens. From May 1 to October 15 of each year, at least one openable window in each habitable room shall be supplied with a screen covering at least 33% of the window area. Such screens shall have a wire mesh of not less than Number 16.
[3] 
Basement windows. Every dwelling having two or more basement windows shall have at least two window screens which cover the entire window when, in the opinion of the Building Inspector, such screening is necessary. Where there is only one basement window, it shall be similarly screened. Such screens shall have a wire mesh of not less than Number 16.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Grading and drainage of premises. All premises shall be so graded and maintained that no stagnant water will accumulate or stand on the premises or within any building or structure located on the premises.
B. 
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 under Chapter 415, Zoning, of this Code for the premises.
C. 
General maintenance. The exterior of every 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, crumbing stone or brick, excessive peeling paint, loose boards or other conditions indicative 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.
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.
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, occupant or lessee of the premises where it is found so as to prevent its removal 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 hospitals 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. 
Loading and unloading docks. The person owning, operating or in control of loading or unloading docks shall at all times maintain the dock area free of litter in such a manner that litter will be prevented from being carried from the premises by the elements.
F. 
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 work day and placed in containers which will prevent litter from being carried from the premises by the elements.
G. 
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 reasonably free from dirt, paper and waste.
H. 
Abandoned garbage. It 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 such refuse, waste or garbage to remain uncollected for longer than seven days or, in any case, until such refuse, waste or garbage creates any condition which is offensive to persons upon any private premises or public place.
I. 
Animal excreta.
(1) 
Allowing discharge regulated. It is unlawful for any owner, keeper or walker of any dog or cat to permit his dog or cat to discharge such animal's feces 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 feces from the public or private property.
(2) 
Carrying feces scoop required. No person shall walk a dog or cat beyond the limit of his own property without carrying or having in his possession a scoop, bag or other items designed to pick up and remove dog or cat feces, and, further, it is unlawful for any person to dispose of the dog or cat feces on public or private property other than his own.
(3) 
Exception. This subsection shall not apply to blind persons having control of guide dogs.
Any person who violates, disobeys, neglects or refuses to comply with any of the provisions of this article shall be subject to forfeiture as provided in § 1-4 of this Code.
[Adopted as § 10-5-8 of the 1993 Code of Ordinances]
No disassembled, inoperable, unlicensed, junked or wrecked motor vehicles, truck bodies, tractors, or trailers or farm machinery, industrial machinery, vehicle parts or tires, or appliances shall be stored unenclosed upon private residential property or upon nonresidential property within the Village of Howards Grove for a period exceeding 10 days unless it is in connection with an authorized business enterprise located in a properly zoned area maintained in such a manner as to not constitute a public nuisance. As they are used in this article, the terms "vehicle" and "appliance" shall include all articles described in this section and as described in § 297-8, Definitions. In addition, regardless of its licensing or condition, no truck body, semi-tractor trailer, ocean container or vehicle may be used, parked or maintained for a period exceeding 15 days for the primary purpose of sheltering or enclosing persons or property, rather than transportation or mobile shop that is transported to an off-premises building site, unless enclosed in a building or structure that complies with all zoning and building code regulations.
As used in this article, the following terms shall have the meanings indicated:
DISASSEMBLED, INOPERABLE, JUNKED OR WRECKED MOTOR VEHICLES, TRUCK BODIES, TRACTORS OR TRAILERS
Motor vehicles, recreational vehicles, truck bodies, tractors, or trailers in such state of physical or mechanical ruin as to be incapable of propulsion or being operated upon the public streets or highways or which are otherwise not in safe or legal condition for operation on public streets or highways due to missing or inoperative parts, flat or removed tires, expired or missing license plates or other defects.
FARM MACHINERY
Mechanical devices primarily used on agricultural or dairy farms. Examples include but are not limited to harvester, baler, combine, harrow, drill, multiple bottom plow, cultivator, planter, thresher, or windrower. The term "farm machinery" as used in this article is not intended to include common lawn and garden equipment such as riding lawn mowers and their attachments.
INDUSTRIAL MACHINERY
Mechanical devices primarily used in an industrial setting in connection with an authorized business enterprise located in a properly zoned area.
INOPERABLE APPLIANCE
Any stove, washer, refrigerator or other appliance which is no longer operable in the sense for which it was manufactured.
MOTOR VEHICLE
Is defined in § 340.01(35), Wis. Stats.
UNLICENSED MOTOR VEHICLES, TRUCK BODIES, TRACTORS OR TRAILERS
Motor vehicles, recreational vehicles, truck bodies, tractors, or trailers which do not bear lawful current license plates.
This article shall not apply to any motor vehicle or motor vehicle accessories stored within an enclosed building or on the premises of a business enterprise operated in a lawful place and manner in a properly zoned area when necessary to the operation of such business enterprise, in a storage place or depository maintained in a lawful place and manner, or seasonal use vehicles such as snowmobiles, motorcycles, motor scooters and nonmotorized campers, provided such vehicles are stored in compliance with the ordinances of the Village. Also excepted are motor vehicles registered pursuant to §§ 341.265 and 341.266, Wis. Stats. In other situations, the Village Board may issue temporary permits permitting an extension of not to exceed an additional 30 days' time to comply with this article where exceptional facts and circumstances warrant such extension.
A. 
Whenever the Village Board, its authorized designee, or a law enforcement officer shall find any vehicles, vehicle parts or tires, trailers, containers, or appliances, as described herein, placed or stored in the open upon private property within the Village, it shall notify the owner of said property on which said vehicle, parts, trailer, container or appliance is stored of the violation of this article. If said vehicle, part thereof, trailer, container or appliance is not removed within five days, the Village Board, its authorized designee, or a law enforcement officer shall cause to be issued a citation to the property owner or tenant of the property upon which said vehicle or appliance is stored.
B. 
If such vehicle, parts thereof, trailer, container or appliance is not removed within 20 days after issuance of a citation, the Village Board, its authorized designee, or a law enforcement officer shall cause the vehicle or appliance to be removed and impounded, and it shall thereafter be disposed of as prescribed in §§ 362-3 through 362-6 of this Code by the Village Board, its authorized designee, or a law enforcement officer. Any cost incurred in the removal and sale of said vehicle, parts thereof, trailer, container or appliance shall be recovered from the owner. If the owner does not pay the cost within 30 days of the invoice, the cost of such removal shall be charged to the property from which it is removed, which charges shall be entered as a special charge on the tax roll.
Any person who shall interfere with the enforcement of any of the provisions of this article and shall be found guilty thereof shall be subject to a penalty as provided in § 1-4 of this Code. Each motor vehicle, truck body, trailer, container or appliance involved shall constitute a separate offense.