[HISTORY: Adopted by the Village Board of the Village of Hales Corners as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-10-1996 by Ord. No. 96-07 (§ 15.10 of the Municipal Code)]
No person or other entity shall store or allow to be stored open to the elements and not in an approved structure on any lot, except under conditional or special use permit where specifically approved, any junk or discarded property, including but not limited to refrigerators and other appliances; toilets, sinks and other plumbing fixtures; furnaces; machinery or machinery parts; junked vehicles or vehicle parts not otherwise regulated by this Code; wood; construction materials; amusement park devices; barrels; old iron; chain; brass; copper; tin; lead; other base metals; paper clippings; rags; rubber; glass; bottles or similar items; and any other debris, equipment or implement.
[1]
Editor's Note: See also § 445-14.3, Outside storage, of Ch. 445, Zoning.
Any person, firm, partnership or corporation violating any of the provisions of this article shall upon conviction be subject to the penalty provisions of § 1-4 of this Code. In addition to such penalties, upon the failure of any person or entity to remove such junk or discarded property after service by the Building Inspector of an order to do so within 10 days from the date of the order, the Village may obtain the removal of such junk or discarded property and charge the same as a special charge against the subject property pursuant to § 66.0627, Wis. Stats. In addition to all of the aforesaid remedies, the Building Inspector may cause any abatement procedure to be commenced and may seek injunctive relief by Circuit Court action in order to obtain compliance with this article.
[Adopted 8-14-2006 by Ord. No. 06-10 (Ch. 20 of the Municipal Code)]
This article shall be known as the "Commercial Exterior Maintenance Code."
A. 
This article is adopted for the purpose of preserving and promoting the public health, safety, comfort, convenience, prosperity and general welfare of the people of the Village and environs. This includes, among others, physical, aesthetic, and monetary values.
B. 
It is recognized that there may now be or may, in the future, be commercial buildings, structures, yards or vacant areas and combinations thereof which are so dilapidated, unsafe, dangerous, unhygienic, or inadequately maintained as to constitute a menace to the health, safety, and general welfare of the people. The establishment and enforcement of minimum commercial property maintenance standards is necessary to preserve and promote the private and public interest.
Nothing contained herein shall be deemed to authorize the use of a structure or premises contrary to any other provision of the Village of Hales Corners Code. Repairs, additions or alterations to a structure shall be done in accordance with the procedures of state law and Chapter 185, Building Construction, of the Village of Hales Corners Code.
A. 
Rules. In the construction of this article, the rules and definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise:
(1) 
Words used in the present tense shall include the future.
(2) 
Words used in the singular number shall include the plural number, and the plural the singular.
(3) 
The word "shall" is mandatory and not discretionary.
(4) 
The word "may" is permissive.
(5) 
The phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for."
B. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
ADEQUATE
Adequate as determined by the Zoning Administrator or his/her designee under the regulations of this article or adequate as determined by an authority designated by law or this article. "Adequately" shall mean the same as "adequate."
APPROVED
Approved by the Zoning Administrator or his/her designee under the regulations of this article or approved by an authority designated by law or this article.
ATTRACTIVE APPEARANCE
An appearance which is in accordance with generally accepted professional practices for new construction within the Village and which is not likely to adversely affect the values of abutting or neighborhood properties, or of the principal property.
BUILDING
A combination of material to form a construction that is safe and stable, and adapted to permanent or continuous occupancy for assembly, business, educational, high hazard, industrial, institutional, mercantile, or a storage purpose; the term "building" shall be construed as if followed by the words "or portion thereof." For the purpose of this article, each portion of a building completely separated from other portions by an unpierced firewall shall be considered as a separate building.
BUILDING-RELATED EQUIPMENT
Includes heating and air-conditioning equipment, chimneys and vents, signs, antennae, gutters and downspouts, metal awnings, canopies and similar overhang extensions, fences, steps, shutters, lights, garages, sheds and accessory storage structures.
COMMERCIAL
Not residential.
COMMERCIAL USE
Any nonresidential use.
GOOD WORKING CONDITION
Capable of performing the task for which it was designed and in the manner intended by this article.
IMMINENT HAZARD
A condition which could cause serious or life-threatening injury or death at any time.
IMPERVIOUS TO WATER
Constructed of concrete, cement block, terrazzo, brick, tile, or other material approved by the Zoning Administrator or his/her designee, and having tight-fitting joints.
MIXED OCCUPANCY
Occupancy of a building in part for commercial use and in part for some other use not accessory thereto.
OCCUPANT
One who occupies or has actual possession of usable space.
OPERATOR
Any person who has charge or control of a commercial property or part thereof.
OWNER
Every person, firm, partnership, or any individual member thereof, corporation, business organization of any kind, the state, the county, the Village, any sewer district, drainage district, and any other public or quasi-public corporation having vested interest in the property under consideration and shall include the representative, officer, agent, or other person having the ownership, control, custody, or management of any building.
PERSON
Includes any individual, firm, corporation, association, or partnership.
PREMISES
Any lot, whether or not improved with a principal or accessory structure. When a lot is improved with a structure, the lot and structure shall be jointly referred to as "premises."
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
PROPERLY
As deemed proper by the Zoning Administrator or his/her designee under the regulations of this article or deemed proper by an authority designated by law or this article.
PROVIDED
Furnished, supplied, paid for or under control of the owner.
STRUCTURE
Anything constructed or erected, the use of which requires more or less permanent location on the ground, or attached to something having permanent location on the ground.
SUPPLIED
Paid for, furnished, or provided by or under control of the owner or operator.
A. 
Purpose. The purpose of this section is to recognize the private and public benefits resulting from the safe, sanitary, and attractive maintenance of commercial buildings, structures, yards, or vacant areas. Attractive and well-maintained property will enhance the neighborhood and Village and provide a suitable environment for increasing physical and monetary values.
B. 
Maintenance requirements. Every owner or operator shall improve and maintain all property under their control to comply with the following minimum requirements:
(1) 
Drainage. All courts, yards, or other areas on the premises shall be properly graded to divert water away from any building or structure. Adjacent ground surface shall be sloped away from any building or structure with a grading of at least 1/2 inch per foot for a minimum of five feet where possible or by other means such as eaves, troughs and downspout extensions.
(2) 
Weeds. All exterior property areas shall be kept free from noxious weeds as required by § 304-3A(4) of this Code of Ordinances.
(3) 
Debris. All exterior property areas and adjacent public ditches and rights-of-way shall be properly maintained in a clean and sanitary condition free from debris, rubbish or garbage, physical hazards, rodent harborage and infestation, and animal feces. All animal feces shall be removed within 24 hours.
(4) 
Fences and walks. Fences, other minor construction, and walks shall be properly maintained in a safe, sanitary and substantial condition. Approved walks shall provide convenient all-weather access to buildings or structures.
(5) 
Exterior surfaces. Exterior surfaces of buildings and structures not inherently resistant to deterioration shall be treated with a protective coating of paint or other suitable preservative which will provide adequate resistance to weathering and maintain an attractive appearance. 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 fashion.
(6) 
Yard areas. Yard areas of real estate shall not be permitted to deteriorate or remain in a condition that is not in accord with the following: Yard areas shall be kept in a clean and sanitary condition, free from any accumulation of combustible or noncombustible materials (which are not used as an integral part of the authorized business carried out on the premises), debris, or refuse. Yards shall not be used to store appliances, furnaces, hot water heaters, water softeners, or building material not used within five days, or any unsightly bulk items, unless these items are raw materials used in the business carried out on the premises.
(7) 
General requirements. Every foundation, exterior wall, roof, canopy, overhang and chimney shall be reasonably weathertight, watertight, and rodent-proof and shall be kept in proper repair and shall be capable of affording privacy. Any hazardous sagging or bulging portion of the building shall be properly repaired to a level or plumb position. All chimneys and breaching shall be so constructed and maintained so as to ensure that it safely and properly removes the products of combustion from the building.
(8) 
Windows and doors. Every window, exterior door, interior door, and basement hatchway shall be reasonably weathertight, watertight, and rodent-proof and kept in proper repair. All door and window hardware shall be installed and maintained in proper working condition.
(9) 
Outside stairs and porches. Every outside stair, every porch, and every appurtenance thereto shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon, and shall be kept in proper condition and repair and shall present an attractive appearance. All exterior stairs and steps and every appurtenance thereto shall comply with the requirements specified in the Wisconsin Administrative Code.
(10) 
Waste containers and dumpsters.
(a) 
The occupant shall be responsible for preventing or correcting any overflow of waste from the waste containers or dumpsters.
(b) 
Enclosures required under § 445-2.3L shall be installed and maintained in accordance with approved plans.
(c) 
Waste containers and dumpsters shall be maintained in sound structural condition and in good repair.
(d) 
Waste containers and dumpsters shall be located so as not to create a nuisance.
(11) 
Removal of debris.
(a) 
No person shall dispose of rocks, trees, stumps, waste building material, or other debris from land development, building construction, street grading, or installation of underground utilities upon the surface of any land in the Village, except at approved disposal sites.
(b) 
No landowner shall allow an accumulation of rocks, trees, stumps, waste building material or other debris from land development, building construction, street grading, or installation of underground utilities upon the surface of his land for a period of more than 21 days.
(c) 
All land filling operations shall be leveled off to permit the mowing of the weeds between June 1 and November 1. This includes the removal of stones, bottles, wire, and other debris that will interfere with mowing operations.
(12) 
Buffers. All required and existing buffers 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.
(13) 
Driveway, parking and loading areas. All driveway, parking, loading and outside storage areas on properties used for commercial purposes shall be surfaced and maintained as set forth in the approved site plan for the property and shall have smooth surfaces in good repair. Paved areas must be repaired or replaced when any deterioration occurs to the extent that the road rock or subbase is visible.
(14) 
Signage. All signage shall be maintained in the originally permitted and constructed condition.
(15) 
Lighting. Exterior lighting shall be in conformance with approved site plan and/or the Village of Hales Corners Code. All lighting shall be maintained in the originally permitted and constructed condition.
Every owner, operator, or occupant of a commercial property, or part thereof, shall maintain that portion of the exterior of the property controlled by him.
A. 
Whenever the Zoning Administrator or his/her designee determines that there are reasonable grounds to believe that there has been a violation of any provision of this article or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person or persons responsible therefor.
B. 
The property owner shall notify the Zoning Administrator or his/her designee upon completion of repairs so that a reinspection may be made.
C. 
If a violation has not been corrected within the time limits allowed by the Zoning Administrator or his/her designee, the Zoning Administrator or his/her designee shall issue a citation on the property owner regarding such violation. For noxious weed violations, pursuant to § 66.0517, Wis. Stats., the Zoning Administrator or his/her designee shall have the alternative option to instruct the Weed Commissioner and/or Department of Public Works to correct said violation and charge the actual costs incurred against the property owner. If such charges are not paid by November 1 of the year in which they are billed, such charges shall be extended on the next succeeding tax roll as a tax charged against the property affected and collected in the same manner as are other taxes, pursuant to § 66.0517, Wis. Stats.
A. 
Any person feeling himself aggrieved by any order or ruling of the Zoning Administrator may appeal, in writing, to the Board of Appeals of the Village of Hales Corners within 30 days of the alleged act or omission of said Zoning Administrator pursuant to § 62.23, Wis. Stats., and to the rules of the Board of Appeals, § 14-2 of this Code.
B. 
The appellant shall annex to the notice of appeal such plats, surveys, plans or specifications which are of probative value in the determination of the appeal together with the name and address of the appellant. Upon filing of such notice with the Village Clerk, the appellant shall receive a copy of the rules of the Board of Appeals. Upon the filing of notice of appeal, an appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board of Appeals that by reason of the facts stated in a certificate a stay would, in his opinion, cause imminent peril to life or property. Upon filing such notice of appeal, the Board of Appeals shall fix a time and place for the hearing of the appeal not less than 10 nor more than 30 days from the date of such filing.
Any person who shall violate any provision of this article or of any rule or regulation adopted pursuant thereto shall be subject to a penalty as provided in § 1-4 of this Code.