For purposes of this article, the following definitions shall
be applicable:
ABANDONED DWELLING
A dwelling which is not occupied and which is not intended
by the owner to be occupied within a reasonable period of time. A
dwelling shall be presumed to be abandoned if it is unoccupied for
a period of 12 consecutive months. Occupancy required hereunder shall
be bona fide and not acquired for the sole purpose of defeating the
abandonment of a dwelling.
ACCESSORY STRUCTURE
A structure, the use of which is incidental to that of the
principal building and which is attached thereto or located on the
same premises.
BLIGHTED AREA
An area in which the structures, residential or otherwise,
by reason of dilapidation, deterioration, age or obsolescence, inadequate
provision for ventilation, light, air, sanitation, or open spaces,
high density of population and overcrowding, or the existence of conditions
endangering life or property by fire other causes, or any combination
of such related factors, are conducive to ill health, transmission
of disease, juvenile delinquency, or crime and are detrimental to
the public health, safety, morals or welfare.
BUILDING
Any structure built for the support, shelter and enclosure
of a business, persons, animals, or movable property of any kind and
permanently affixed to the land, or connected to a utility, including
structures resting on runners, wheels, or similar supports.
DETERIORATION
The condition or appearance of a building or part thereof
characterized by holes, breaks, rot, crumbling, cracking, peeling,
rusting, or other evidence of physical decay, neglect, lack of maintenance,
or excessive use.
DILAPIDATED
Describing a building, structure or part thereof in a state
of shabbiness resulting from neglect. The term implies a hazard to
life or property.
DWELLING
Any enclosed space which is wholly or partly used or intended
to be used for housing or sleeping by human occupants.
NUISANCE
Any public nuisance known at common law or in equity jurisprudence
or as provided by the statutes of the State of Wisconsin or the Village
of Sherwood ordinance. Further, a public nuisance is a thing, act,
occupation, condition or use of property which shall continue for
such length of time as to:
A.
Substantially annoy, injure or endanger the comfort, health,
repose or safety of the public; or
B.
In any other way render the public insecure in life or in the
use of property.
OCCUPANT
Any person living, sleeping or having actual possession of
a building.
OWNER
Any person who alone, jointly, or severally with others:
A.
Shall have legal title to any premises, with or without accompanying
actual possession thereof; or
B.
Shall have charge, care or control of any premises, as owner
or agent of the owner, or an executor, administrator, trustee or guardian
of the estate of the owner. Any such person representing the actual
owner shall be bound to comply with the provisions of this article
and of rules and regulations adopted pursuant thereto to the same
extent as if he were the owner.
PERSON
Any natural individual, firm, trust, partnership, association
or corporation.
PREMISES
A platted lot or part thereof or unplatted lot or parcel
of land or plot of land, either occupied or unoccupied by a dwelling
or nondwelling structure and including any such building, accessory
structure, or other structure thereon.
REFUSE
All perishable and nonperishable solids (excluding ashes)
consisting of either:
A.
Combustible wastes, such a paper, cardboard, plastic containers,
yard clippings and wood; or
B.
Noncombustible wastes, such as tin cans, glass or crockery.
RUBBISH
Unwanted material(s) accumulated outside a building a structure,
whose condition and lack of good and proper use makes its appearance
to be considered improperly disposed of waste material or litter.
Nothing in this article shall be construed as prohibiting the
abatement of public nuisance by the Village of Sherwood or its officials
in accordance with the laws of the State of Wisconsin or Village ordinances.
In their interpretation and application, the provisions of this Code
shall be considered minimum requirements. Where the provisions of
this Code impose greater restrictions than any statute, other regulation,
ordinance, or covenant impose greater restrictions than the provisions
of this title, the provisions of such statute, other regulation, ordinance,
or covenant shall prevail.
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 public 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.
Any person who shall violate the provisions of this article shall be punishable as prescribed in Chapter
40, Fees and Penalties, of this Code.