This chapter shall be known as the "Village of Denmark Premises
and Property Maintenance Code" and may be referred to in this chapter
as "the code."
The purpose of this code is to create minimum standards for
exterior property maintenance so as to preserve and promote the public
interest, health, safety, and welfare.
It is not intended by this chapter to repeal, abrogate, annul,
impair, or interfere with any rules, regulations, ordinances, or Wisconsin
Statutes previously adopted or issued pursuant to law. However, where
this chapter imposes greater restrictions, the provisions of this
chapter shall prevail.
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:
BUILDING
Any structure built, used, designed, or intended for the
support, shelter, protection, or enclosure of persons, animals, chattels
(personal property), or property of any kind, and which is permanently
affixed to the land. When a building is divided into separate parts
by unpierced fire or party walls extending continuously from the ground
through all stories to and above the roof, each part shall be deemed
a separate building. All buildings shall be constructed with a foundation
with frost walls constructed to a minimum of four feet below grade.
BUILDING INSPECTOR
The Building Inspector of the Village of Denmark or an authorized
representative.
COMPOSTING
Processing animal and vegetable waste in a controlled environment
to produce a stable product by microbiologically degrading organic
matter under aerobic conditions.
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 and applied in a workmanlike manner.
DWELLING
Any building or structure which wholly or partly is used
or intended to be used for living or sleeping by human occupants.
DWELLING UNIT
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,
or eating of meals.
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, rain, water, insects,
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.
EXTERMINATION
The control and elimination of insects, rodents, and vermin.
FARM STRUCTURE
Any building or structure used for storing agricultural equipment
or farm produce or products, housing livestock or poultry, or processing
dairy products. The term "farm structure" shall not include dwellings
or manure storage facilities.
GARBAGE
Decaying and decomposing animal and vegetable waste resulting
from the handling, preparation, cooking, and/or 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,
rubbish, confetti, debris, grass clippings or other lawn or garden
waste, newspaper, magazine, glass, metal, plastic or paper container
or other construction material, tires, small engine parts, yard care
equipment, appliances, motor vehicle part, furniture, oil, or dead
animal carcass.
MIXED OCCUPANCY
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.
NUISANCE
Any public nuisance as defined by statute or this chapter.
Additionally, physical conditions dangerous to human life or detrimental
to health and safety of persons on or near the premises where the
conditions exist.
OCCUPANT
Any tenant or person who occupies or has actual possession
of buildings or other usable space.
OPERATOR
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 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 reassigning any part or all of any dwelling or dwelling
unit shall be deemed to be co-owner with the lessor and shall have
joint responsibility over the portion of the premises sublet or assigned
by said lessee.
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.
PERSON
Any individual, firm, corporation, association, or partnership.
PERSON ASSOCIATED WITH
Any person who, whenever engaged in a nuisance activity,
enters, patronizes, visits or attempts to enter, patronize or visit,
or waits to enter, patronize or visit, a premises or person present
on a premises, including any officer, director, customer, agent, employee
or independent contractor of a premises owner.
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, in addition to all parks, squares, plazas, grounds and
buildings, and other privately owned areas open to and frequented
by the general public, whether publicly or privately owned.
REFUSE
All decayed and decomposed solid waste, including but not
limited to garbage, rubbish, ashes, dead animals, animal feces, 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.")
STRUCTURE
Anything constructed or erected on the ground (to include
all types of buildings, attachments to buildings, parking lots, fences,
and berms).
SUPPLIED
Paid for, furnished, or provided by or under control of the
owner or operator.
WORKMANLIKE
Accomplished in a reasonably skillful manner.
Every owner or operator, or the occupant if the occupant has
assumed responsibility under any written lease, shall either personally
or by agent improve and maintain all properties within the scope of
this code under his, her, or its control to comply with the following
requirements:
A. Every premises shall be maintained in a clean, sanitary, and safe
condition and comply with all applicable legal requirements of the
State of Wisconsin, Brown County, and the Village of Denmark.
B. All courts, yards, or other areas on the premises shall be properly
graded to divert water away from any building or structure.
C. Premises, including adjacent drainage ditches and rights-of-way,
shall be kept clear of refuse, such as brush, weeds, invasive species
as described in § 23.22, Wis. Stats., broken glass, garbage,
trash, animal feces, and debris. Animal feces must be removed within
a reasonable amount of time.
D. 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 shall
be removed. Trees shall be kept pruned and trimmed to prevent such
conditions.
E. All required and existing vegetative buffers and landscaping shall
be maintained in such a manner as to afford proper screening heights
and densities of plantings and to be attractive and well-maintained.
Such maintenance shall include, but not be limited to, cutting, trimming,
and fertilizing, if necessary. Replacement shall be required for any
subsequent destroyed, eroded, or dead plantings in order to preserve
the screening/buffering between properties.
F. Overhangs, such as loose and overhanging objects, which by reason
of location above ground level constitute a danger of falling on persons
in the vicinity shall be repaired or removed.
G. Sources of infestation shall be removed.
H. Every foundation, roof, exterior wall, window, and floor shall be
reasonably weathertight and rodent-proof and shall be kept in proper
repair and be capable of affording privacy. All inside and outside
stairways, floors, roofs, foundations, load-bearing walls, and every
porch and every appurtenance thereto shall be safe to use and capable
of supporting the loads that normal use may cause to be placed thereon
and shall be maintained in sound condition and good repair.
I. Every window, exterior door, and hatchway or similar device shall
be reasonably weathertight and rodent-proof and so constructed to
exclude insects during that portion of the year when there is a need
for protection against mosquitoes, flies, and other insects.
J. Every doorway, window, or other device used for ventilation and opening
directly from a dwelling unit to outside space shall be supplied with
properly fitting screens.
K. All exterior surfaces of buildings and fences made of materials not
inherently resistant to or chemically treated to prevent deterioration
shall be periodically coated with paint or other suitable preservative
which provides adequate resistance to weathering, unless a variance
is otherwise granted by the Zoning Board of Appeals.
L. 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 manner.
M. The exterior of every structure or accessory structure, including
fences, shall be maintained in good repair and shall be maintained
free of broken glass, loose shingles or boards, crumbling stone, brick
or concrete, excessive peeling paint, or other condition reflective
of deterioration or inadequate maintenance to the end that the property
itself may be preserved and fire and safety hazards eliminated and
adjoining properties protected from blighting influences.
N. Exterior building walls shall not have any holes, loose boards, or
any broken, cracked or damaged finish which may admit rain, cold air,
dampness, rodents, or insects.
O. Parking lots shall be paved. Paved parking lots must be kept reasonably
free of large cracks or potholes. Paved areas must be repaired or
replaced when any deterioration occurs to the extent that the road
rock or subbase is visible.
P. Yards shall be kept free of noxious weeds and invasive species as
defined in § 23.22, Wis. Stats., and trimmed in accordance
with the Village of Denmark Municipal Code and applicable Wisconsin
Statutes and Administrative Code.
Q. The unsheltered accumulation or storage of unused, stripped, junked,
and other automobiles, boats, recreational vehicles, trailers, and
small engines such as lawn mowers, snow blowers, or similar engines
not in good and safe operating condition is declared to be a nuisance
and dangerous to the public health, safety and well-being.
R. All signage shall be maintained in the originally permitted and constructed
condition.
S. Exterior lighting shall be in conformance with the approved site
plan and/or the Village of Denmark Municipal Code.
T. All compost piles shall be contained with an enclosed area.
[Added 9-24-2018 by Ord.
No. 2018-05]
A. Purpose. It is the purpose of this section to prohibit the uncontrolled
growth of vegetation and to control noxious weeds, while permitting
the planting and maintenance of planned natural landscaping that add
diversity and richness to the quality of life. There are reasonable
expectations regarding the proper maintenance of vegetation on any
lot or parcel of land. It is in the public's interests to provide
standards regarding the maintenance of vegetation because vegetation
which is not managed can decrease the value of nearby properties and
threaten the public health and safety. It is also in the public's
interests to encourage diverse landscaping treatments, particularly
those that encourage the preservation, restoration, and management
of native plant communities which can be economical, low maintenance,
and effective in soil and water conservation. The Village enacts this
section to balance these competing interests.
B. Definitions. As used in this section, the following terms shall have
the meanings indicated:
DESTROY
The complete killing of weeds or the killing of weed plants
above the surface of the ground by the use of chemicals, cutting,
tillage, cropping system, or any or all of these in effective combination,
at the time and in a manner as will effectually prevent the weed plants
from maturing to bloom or flower stage.
GARDEN
A cultivated area dedicated to growing vegetables, fruits,
annual and perennial plants, ornamental grasses and ground cover in
a well-defined location.
NATIVE PLANTS
Those grasses (including prairie grasses), sedges (solid,
triangular-stemmed plants resembling grasses), forbs (flowering broadleaf
plants) that are native to or naturalized to the State of Wisconsin.
Native plants do not include weeds.
NOXIOUS WEEDS
Any plant listed under Wis. Stats. §§ 23.235(1)(a)
or 66.0407(1)(b), and shall also include Arctium spp. (burdock), Cirsium
and Carduus spp (thistle), Ambrosia spp. (ragweed), Alliaria petiolata
(garlic mustard), Plantage lanceolate (buckhorn), and poison ivy.
PLANNED NATURAL LANDSCAPING
A planned, intentional and maintained planting of native
plants, ornamental grasses, and groundcovers, rain gardens, shrubs
and trees. Planned natural landscaping does not include any species
of turf grasses and is not intended to allow a property owner to ignore
lawn care duties. Planned natural landscaping does not include gardens.
RAIN GARDEN
A native plant garden that is designed not only to aesthetically
improve properties, but also to reduce the amount of stormwater and
accompanying pollutants from entering streams, rivers and lakes.
TURF GRASSES
Grasses commonly used in regularly cut lawns or play areas
including bluegrass, fescue or rye grass blends or any other similar
grasses.
C. Control of noxious weeds.
(1) Any undeveloped parcel one acre or larger in size shall destroy noxious
weeds and cut long grass and vegetation to six inches in height within
the right-of-way and within 20 feet of any abutting developed property.
The remaining property shall be maintained to a height of 12 inches
or less.
(2) Any parcel with improvements upon it or a parcel less than one acre
in size shall destroy noxious weeds and cut and maintain long grass
and vegetation to a height of six inches or less.
(3) This section shall not apply to:
(b)
Plants located on agricultural land.
(c)
Plants located on shoreland within 35 feet of the ordinary high-water
mark.
(d)
Plants located within environmentally sensitive areas such as
steep slopes, drainage ways, wetlands, and protective buffer areas.
(e)
Planned natural landscaping that is wholly contained within
the parcel on which it is planted and maintained. The cost of destroying
the weeds shall be charged and assessed in the manner provided by
Wis. Stat. § 66.0517(3)(b)1.
D. Enforcement. Abatement. Any property owner in violation of this section
shall be provided written notice by the director of public works or
his/her designee by mailing to the property owner or by posting written
notice on the door of the property in violation. The written notice
shall request compliance within 48 hours of mailing or posting of
the notice. If such violation is not corrected within 48 hours, the
Village will authorize and conduct action to bring the property into
compliance and bill the property owner for such efforts under Wis.
Stat. § 66.0627. If any property owner receives notice under
this section on three separate occasions, no further notices will
be required for further violations in the calendar year. The Village
shall bring the property into compliance and bill the property for
each violation thereafter.
The Building Inspector is responsible for the enforcement of
this chapter. However, it is declared that the intent of this code
can be most effectively carried out by the cooperation of all Village
departments concerned. All such departments shall cooperate with the
Building Inspector in the enforcement of this chapter.
[Amended 6-4-2018 by Ord.
No. 2018-04]
A. The Building Inspector shall make inspections to determine the condition
of the dwelling units, other buildings, and their related premises
located within the Village and may enter any building with proper
notification, a minimum of 48 hours, in the discharge of his duties,
and any person who interferes with the Building Inspector in the discharge
of his duties shall be in violation of this chapter. The Building
Inspector shall have proper identification and shall show the same
when making inspections.
B. Every occupant of a dwelling, dwelling unit, or other building shall
give the owner or operator thereof or an agent or employee access
to any part of such dwelling, dwelling unit, building, or its premises
at all reasonable times for the purpose of maintenance or making such
repairs or alterations as are necessary to effect compliance with
this chapter or with any lawful rule or regulation adopted or any
lawful notice issued pursuant to the provisions of this chapter.
Whenever the Building Inspector determines that there has been
a violation or that there are reasonable grounds to believe there
has been a violation of any provision of this chapter or any rule
or regulation adopted pursuant to, citations and notice may be given
of such violation or alleged violation to the person responsible therefor
as provided in § 66.1337(4)(a), Wis. Stats. The provisions
of § 66.1337(4)(a), Wis. Stats., pertaining to service of
notices and petition for hearing and review are adopted by reference
and made a part of this chapter as if set out in full. In carrying
out the provisions of § 66.1337(4)(a), Wis. Stats., the
Zoning Board of Appeals is designated as the committee established
to hear original appeals under this chapter.
Whenever the Building Inspector finds that an emergency exists
which requires immediate action to protect the public health, the
Building Inspector may, without notice or hearing and in accordance
with the provisions of § 66.1337(4)(a), Wis. Stats., issue
an order reciting the existence of such an emergency requiring that
such action be taken as the Building Inspector deems necessary to
meet the emergency. Such order shall be effective immediately.
Any person aggrieved by a decision of the Zoning Board of Appeals following review of an order issued under §
224-12 of this chapter has a right to appeal directly to Brown County Circuit Court as described in § 66.1337(4)(b), Wis. Stats.