[HISTORY: Adopted by the Village Board of the Village of
Howards Grove as indicated in article histories. Amendments noted
where applicable.]
[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.
DETERIORATION
ELEMENTS
EXPOSED TO PUBLIC VIEW
EXTERIOR OF THE PREMISES
EXTERMINATION
GARBAGE
INFESTATION
LITTER
MIXED OCCUPANCY
NUISANCE
OPERATOR
OWNER
PARK
PARKING LOT
PREMISES
PRIVATE PREMISES
PUBLIC PLACE
REFUSE
RUBBISH
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:
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.
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.
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 "refuse" and "rubbish.")
The presence of insects, rodents, vermin or other pests on
the premises which constitute a health hazard.
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.
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.
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.
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.
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.
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 "garbage" and "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]
(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.
This article shall be enforced by the Building Inspector, Weed
Commissioner or his designee.
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:
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.
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.
Mechanical devices primarily used in an industrial setting
in connection with an authorized business enterprise located in a
properly zoned area.
Any stove, washer, refrigerator or other appliance which
is no longer operable in the sense for which it was manufactured.
Is defined in § 340.01(35), Wis. Stats.
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.
