[HISTORY: Adopted by the Town Board of the Town of Koshkonong as indicated in article histories. Amendments noted where applicable.]
[Adopted as Title 15, Ch. 2, Art. A, of the 1996 Code]
For the purpose of this chapter, the following words and phrases shall have the meanings assigned to them in this section. Words and phrases not herein otherwise defined shall have the meanings accepted by common use:
- ACCESSORY BUILDING OR STRUCTURE
- A detached building or structure in a secondary or subordinate capacity from the main building.
- Adequate as determined by the Code Enforcement Officer under the regulations of this chapter or adequate as determined by an authority designated by law or this Code of Ordinances. "Adequately" shall mean the same as adequate.
- One or more rooms with provisions for living, cooking, sanitary, and sleeping facilities arranged for use by one family.
- Approved by the Code Enforcement Officer under the regulations of this chapter or approved by an authority designated by law, or this chapter. Approved by the local authority having such administrative authority.
- APPROVED SUBSTITUTE
- A product installation or condition approved by the local authority as being equal to that originally specified.
- ATTRACTIVE APPEARANCE
- An appearance which is in accordance with generally accepted professional practices for new construction within the Town and which is not likely to adversely affect the values of abutting or neighborhood properties, or of the principal property.
- A portion of a building located partly or wholly underground and having half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.
- An impaired condition leading to deterioration.
- BLIGHTING INFLUENCE
- A condition having an adverse effect on surrounding properties.
- BOARDING HOUSE
- See "lodging house" and "lodging room."
- A structure, or portion thereof, enclosed within exterior walls or fire walls built, erected and framed of component structured parts designed for the housing, shelter, enclosure and support of individuals, animals or property of any kind.
- BUILDING CODE
- The Town Building, Plumbing, Electrical and Heating, Ventilating and Air-Conditioning Codes.
- CAPACITY IN PERSONS
- The maximum number of persons that can occupy such building, as determined by the required floor space per person as established in this article.
- That portion of the building partly underground, having half or more than half of its clear height below the average adjoining ground.
- CODE ENFORCEMENT OFFICER
- For purpose of this chapter, this term shall mean the Town of Koshkonong's Building Inspector, Town Engineer, or other appropriate official or agent of the Town authorized to enforce the provisions of this chapter.
- COMPLIANCE INSPECTION
- An inspection performed in conjunction with a lawful order of the Town Board or Code Enforcement Officer for the purpose of certifying the fulfillment of an official requirement listed in the order.
- Broken concrete, bricks, blocks or other mineral matter; bottles, porcelain and other glass or crockery, boxes; lumber (new or used), posts, sticks or other wood; tree branches, brush, yard trimmings, grass clippings and other residues; paper, rags, cardboard, excelsior, rubber, plastic, wire, tin and metal items; discarded household goods or appliances, junk lawn mowers, tar paper, residues from burning or any similar materials which constitute health, fire or safety hazards of a serious blighting influence upon their neighborhood or the Town of Koshkonong in general.
- A condition of decay or partial ruin by neglect or misuse.
- Is a place of abode, a residence, or a house for use by one or more persons, excluding hotels or motels.
- DWELLING UNIT
- One or more rooms arranged for the use of one or more individuals living together as a single housekeeping unit with cooking, living, sanitary and sleeping facilities.
- The control and elimination of insects or rodents by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping, or by any other recognized and legal pest elimination methods and materials as approved under the guidelines of the United States Environmental Protection Agency and the Wisconsin Department of Health Services, or conducted by a Wisconsin certified pest control technician.
- An individual, or two or more persons unrelated or related by blood, marriage, or legal adoption, living together as a single housekeeping unit in a dwelling unit, including foster children, and not more than two roomers. For the purpose of this subsection, "children" means natural children, or a ward as determined in a legal guardianship proceeding. Up to two personal attendants who provide services for family members or roomers who, because of advanced age or physical or mental disability, need assistance with activities of daily living, shall be considered part of the "family." Such services may include personal care, housekeeping, meal preparation, laundry or companionship.
- FRIABLE MATERIAL
- Any material applied on ceilings, walls, structural members, piping, duct work, or any other part of a building which when dry may be crumbled, pulverized, or reduced to powder by hand pressure. The term includes nonfriable material after such previously nonfriable material becomes damaged to the extent that when dry it may be crumbled, pulverized, or reduced to powder by hand pressure.
- The animal and vegetable waste resulting from the handling, preparation, cooking, serving and nonconsumption of food.
- GOOD CONDITION
- That the premises are in a proper state for the uses to which they were intended to be used.
- GOOD REPAIR
- That the premises are in conformance with the governing rules, regulations and codes.
- HABITABLE SPACE
- One or more rooms in a dwelling used primarily for sleeping, living, or dining purposes.
- IMPERVIOUS TO WATER
- Constructed of concrete, cement block, terrazzo, brick, tile, or other material approved by the Code Enforcement Officer, and having tight-fitting joints.
- The sustained presence of household pests, vermin, or rodents.
- LIVING ROOM
- A room used primarily for living, dining, or cooking purposes.
- LODGING HOUSE
- A dwelling containing lodging rooms that will accommodate five or more persons not members of a family.
- LODGING ROOM
- A portion of a dwelling used primarily for sleeping and living purposes, excluding cooking facilities.
- MIXED OCCUPANCY
- Occupancy of a building in part for residential use and in part for some other use not accessory thereto.
- NONCOMBUSTIBLE MATERIAL
- Material that cannot be burned.
- NOXIOUS WEEDS
- As defined in the Wisconsin Statutes.
- The owner or owners in fee or a lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a building or of premises, or their duly authorized agents.
- Any person who has charge or control of a building or part thereof in which dwelling units or lodging rooms are located or let.
- Any firm, partnership (or individual member thereof, corporation, business organization of any kind, or public or quasi-public entity, or person who, alone or jointly or severally with others:
- A. Shall have legal title to any premise, dwelling or dwelling unit, with or without accompanying actual possession thereof; or
- B. Shall have charge, care or control of any premise, dwelling or dwelling unit, as owner or agent of the owner without accompanying actual possession thereof. Any such person thus representing the actual owner shall be bound to comply with the provision of this chapter and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.
- Any individual, firm, corporation, association, or partnership.
- Lot, plot or parcel of land, including the buildings or structures thereon or any part thereof.
- As deemed proper by the Code Enforcement Officer under the regulations of this chapter or deemed proper by an authority designated by law or this chapter.
- Furnished, supplied, paid for or under control of the owner.
- A form of construction which will prevent the ingress or egress of rats to or from a given space or building, or from gaining access to food, water, or harborage. It consists of the closing and keeping closed of every opening in foundations, basements, cellars, exterior and interior walls, ground or first floors, roofs, sidewalk gratings, sidewalk openings, and other places that may be reached and entered by rats by climbing, burrowing or other methods, by the use of materials impervious to rat gnawing and other methods as set forth in the United States Public Health Service Publication: "Control of Domestic Rats and Mice," Pratt, Bjornson and Letting, July 1977, HEW Publication No. (CDC)77-8 141; and "Rodent-Borne Disease Control Through Rodent Stoppage," Scott and Borom, USPHS Reprint 1976.
- REASONABLY TIGHT
- That the item so described shall fit so as to exclude wind, rain or moisture or vermin, pests, bugs, insects, rodents or other similar items.
- REASONABLY WELL
- That normal conditions exist.
- Debris as heretofore defined.
- A. A building which is arranged, designed, used, or intended to be used for residential occupancy by one or more families or lodgers, and which includes, but is not limited to, the following types:
- B. (For the purpose of this article, any building containing any of the above uses together with other uses shall be considered a residential building.)
- A partitioned part of the inside of a building. For the purpose of this definition, partition shall mean something that divides interior space, especially an interior dividing wall. A wall is one of the sides of a room or building connecting floor and ceiling and may also include anything which encloses or separates space. A partition or wall which intrudes into the space by more than 1/3 of the least dimension of an existing room may be regarded as creating an additional separate room. The partitioned space shall be considered as a room if privacy is implied; light and ventilation are affected; or a bedroom through a bedroom, bathroom through a bedroom or bedroom through a bathroom situation is created.
- ROOMING HOUSE
- See "lodging house" and "lodging room."
- Combustible and noncombustible waste materials, except garbage, and the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard clippings, tin cans, metals, mineral matter, glass crockery and dust and other similar materials.
- The promotion of hygiene which creates an environment which facilitates the prevention of diseases.
- SLEEPING ROOM
- A room used primarily for sleeping purposes.
- 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.
- Paid for, furnished by, provided by, or under the control of the owner, operator or agent.
- UNDEFINED WORDS
- Words not specifically defined in this chapter and which are defined in the Building Code, shall have the same meaning ascribed to them in the Building Code, and further other words shall have the common definition set forth in a standard dictionary.
- A departure from the strict compliance with this chapter upon a showing of hardship.
- WORKING DAY
- Monday, Tuesday, Wednesday, Thursday or Friday, excluding, however, any such day officially observed by the Town as a legal holiday. Also referred to as "business day." References to days in this chapter shall mean calendar days unless the reference is to working days.
The Town Board of the Town of Koshkonong, Jefferson County, Wisconsin hereby finds that there exists, and may in the future exist, within the Town buildings or structures that are likely to affect, by reason of their maintenance or lack of it the health, safety and general welfare of the citizens of this community. To prevent or correct the existence of such adverse conditions and to achieve and maintain such levels of building environmental quality as will protect and promote health and safety and general welfare, it is herewith declared that there is needed, for the establishment of certain standards relating to the maintenance and repair of buildings, structures and surrounding areas. It is further declared that failure to maintain buildings or other structures in a reasonable state of repair or to keep the exterior of buildings and structures in a reasonably attractive condition affects the value of other properties in the area and adversely affects the environment and living conditions in the area and that each of the aforesaid conditions creates a public nuisance.
It is the purpose of this chapter to assist in preventing property deterioration and the creation of sub-safety conditions in all buildings and structures by requiring an adequate level of maintenance and repair thereof.
The provisions of this chapter shall apply uniformly to the maintenance of all buildings or structures and areas surrounding the same, irrespective of when or under what condition or conditions such buildings were originally constructed. Every residential or mixed occupancy building and every commercial/industrial building, regardless of zoning classification or location in the Town, and the land on which they are situated, shall comply with the provisions of this chapter, whether or not such building shall have been constructed, altered or repaired before or after the enactment of this chapter, and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the building or premises for the construction or repair of the building, or for the installation or repair of equipment or facilities prior to the effective date of this chapter. This chapter shall also apply to mobile home parks and manufactured housing.
These standards apply, but are not limited to, all structures located in a residential zoned area and to all structures and sites used for residential purposes but zoned for other uses.
The exterior maintenance requirements of this chapter shall also apply to agricultural buildings when their condition presents a public nuisance.
This chapter shall be known and may be cited as the "Property Maintenance Code" and may be hereinafter referred to as "this ordinance."
No owner or other person shall occupy or let to or permit another person to occupy any dwelling unit unless it and the premises are clean, sanitary, fit for human occupancy and comply with all the applicable legal requirements of the State of Wisconsin and the Town of Koshkonong.
Every owner of a building shall maintain the shared or public area of the building in a clean and sanitary condition.
No owner or occupant shall apply a lead-based paint to any surface in any dwelling or dwelling unit.
No person, firm or corporation shall allow or permit any building or structure, whether dwelling or nondwelling or accessory, on their property to remain in or deteriorate to a condition that is not in accord with the following provisions:
General requirement. Every premise shall be maintained in a clean, sanitary and safe condition and comply with all applicable legal requirements of the State of Wisconsin, Jefferson County and Town of Koshkonong.
Exterior walls and foundations.
Every exterior wall shall be free of holes, breaks, loose 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.
Every foundation and exterior wall shall be reasonably weathertight, rodent-proof, insect-proof and shall be kept in a reasonably good state of maintenance and repair, as determined by the Building Inspector or Code Enforcement Officer. The foundation elements shall adequately support the building at all points.
Roofs and drainage.
All roofs shall be maintained so as not to leak, and all water shall be so drained and conveyed therefrom so as not to cause damage to the exterior walls, eaves, soffits or foundation, or damage adjacent properties or public facilities.
Gutters and downspouts, when provided, shall be adequately secured, kept free of obstruction and in a reasonably good state of repair.
Porches, railings, stairways, decks and patios. Every outside stair, every porch, deck, patio and every appurtenance attached thereto shall be so constructed as to be safe to use and capable of supporting loads to which it is subjected as required by the building code and shall be kept in sound condition and in good repair.
Doors, windows and basement hatchways.
Every window, screen, exterior door and basement hatchway shall be tight and shall be kept in sound condition and good repair. Every window sash shall be fully supplied with glass window panes or any approved substitute which is without open cracks or holes. Every window sash shall be in good condition and fit reasonably tight within its frame.
Every exterior door, door hinge and door latch shall be maintained in good condition. Exterior doors, when closed, shall fit reasonably well within their frames.
Kitchen facilities. Kitchen facilities shall be kept in a sanitary condition, with major appliances functioning properly.
Paint and other preservatives. In a building or structure, the exterior surface of which has been painted or other preservatives applied, it shall be repainted, resurfaced or otherwise treated in a workmanlike manner that adequately coats or stains such exterior surfaces when its condition is a serious blighting influence on surrounding property. All exterior wood surfaces shall be protected by paint, stain or other water and weather-resistant treatment.
Fence and retaining wall requirements. No person, firm or corporation shall allow or permit any fence or retaining wall to deteriorate to a condition that is not in accord with the following provisions:
All fences shall be properly maintained and kept in good repair or shall be removed. If paint or other preservatives have been applied to the exterior surface, it shall be repainted, resurfaced or otherwise treated in a workmanlike manner when its condition is a serious blighting influence on surrounding property.
Retaining walls shall be structurally sound. No retaining wall shall be constructed or maintained in such a manner as to cause the repeated spillage of mud, gravel or debris upon any public sidewalk, street, alley or adjoining property.
Exterior area requirements. No person, firm or corporation shall allow or permit exterior areas of their property to remain in a condition that is not in accord with the following provisions:
All exterior areas of any premises shall be kept in a clean and sanitary condition, free from any accumulation of combustible or noncombustible material, debris and refuse or any similar material which could or may cause fire, safety or health hazards or a serious blighting influence upon surrounding properties. No owner of a dwelling shall accumulate or permit the accumulation of rubbish, boxes, lumber, inoperable or unlicensed vehicles, scrap metal, or any other materials or refuse in such a manner that may provide in or about the shared or public areas of a dwelling or its premises a vermin harborage, menace to the public health and safety, deterioration of property values or that which may impair the ability of emergency vehicles to respond to the premises. The provisions of this section shall not apply to materials stored in conjunction with any mercantile, manufacturing or normal residential use, provided such materials are neatly stored, provide no rodent harborage and meet applicable fire and zoning restrictions.
Sidewalks, walks, drives and other concrete, asphalt, bricked, graveled, stoned or similarly treated areas shall be kept in good repair. Holes, excavations, breaks, projections, obstructions, icy conditions, uncleared snow, and excretion of pets and other animals on private and public paths, walks, driveway, parking lots and parking areas, and other parts of the premises which are accessible to holes and excavations shall be filled and repaired, walks and steps replaced and other conditions removed where necessary to eliminate hazards or unsanitary conditions with reasonable dispatch upon their discovery. Conditions resulting in dust, dirt, loose stones or other aggregate being repeatedly deposited upon the adjacent public or private property shall be corrected.
Exterior areas in a natural state shall be kept free of diseased or fallen trees, branches, brush, debris and noxious weeds.
Whenever erosion of the soil repeatedly causes the same to spill over on the sidewalk, street, alley or adjoining property, the condition shall corrected by the construction of a suitable retaining wall, grading or sodding and/or planting of grass or other suitable groundcover.
Accessory structures. Accessory structures, as defined in the pertinent zoning code governing the property, present or provided by the owner, agent, or tenant occupant on the premises of a principal structure shall be structurally sound, maintained in good repair, and be adequately painted/stained. Accessory structures shall not obstruct a safe means of access to any building or structure shall not create fire or safety hazards and shall not provide rat or vermin harborage. All accessory structures which are in deteriorated condition and which are not repairable shall be removed.
Rodent or insect infestation.
When the occupant's unit is the only one substantially infested with insects and rodents, the occupant shall be responsible for their extermination. Where such infestation is caused by the owner's failure to maintain the building in a rodent-free or reasonably insect-free condition it shall be the owner's responsibility.
Where rodent or insect infestation exists in two or more units in building or in the shared or public parts of any premise containing two or more units, or in one unit where the infestation is caused by the owner's failure to maintain the premise in a rodent-free or reasonably insect-free condition, the owner shall be responsible for their extermination.
Improperly maintained landscaping. Premises with landscaping and lawns, hedges and bushes shall be kept trimmed and from becoming overgrown and unsightly where exposed to public view and where the same constitute a blighting factor depreciating adjoining property. Trees, bushes and hedges shall also be kept trimmed, or be removed, in compliance with Town and County vision clearance regulations along public rights-of-way and at intersections. Dead and dying trees and limbs or other natural growth which, by reason of rotting or deteriorating conditions, disease, or storm damage, constitute a hazard to persons in the vicinity thereof shall be removed by the owner. Trees shall be kept pruned and trimmed to prevent such conditions.
Whenever the Building Inspector, Fire Inspector or other authorized Town Inspector shall, upon inspection of any vacated building within the Town of Koshkonong, find that the building is in danger of vandalism or neglect, such Inspector shall order the owner-occupant thereof to make the building secure against vandalism and/or dilapidation in a workmanlike manner.
No vacated building for which the owner has been given an order for compliance with this chapter shall be occupied before an occupancy permit has been issued by the Building Inspector. Such occupancy permit may be issued only up compliance with all orders and requirements of the Town of Koshkonong, the payment of the required permit fees, and the cost of reinspection, and any expenses incurred by the Town in the enforcement of this chapter.
The Building Inspector, or other authorized Town Inspector, is hereby authorize to cause such exterior inspections as are deemed necessary in response to complaint verified by the Building Inspector without giving notice to the property owner, provided that the inspection can be conducted from a location not on the owner's property. If it becomes necessary to perform an inspection which requires the Building Inspector to go on the owner's property, the Building Inspector shall provide a minimum of five calendar days' notice to the owner or agent prior to conducting the inspection. Said notice shall be sent, in writing, to the owner and shall state the alleged violations. The five-calendar day notice requirement shall not apply when the Building Inspector has probable cause to believe that a violation exists which if not corrected immediately could be life threatening and/or result in serious sickness or injury.
If any owner, occupant, or other person in charge of a dwelling, dwelling unit of a multiple dwelling fails or refuses to permit free access and entry to the structure or premises under his control or any part thereof, with respect to which an inspection authorized by this chapter is sought to be made, the Building Inspector, upon a showing that probable cause exists for the inspection, may obtain the necessary warrant from a court of competent jurisdiction to conduct the inspection.
Whenever the Building Inspector, or other authorized Town Inspector, determines that any dwelling or dwelling unit, or the premises surrounding them, fails to meet the requirements set forth in this chapter or in applicable rules and regulations issued pursuant thereto, the Building Inspector shall issue a notice setting forth the alleged failures, and advising the owner, occupant, operator, or agent that such failures must be corrected. This notice shall:
Be in writing.
Set forth the alleged violations of this chapter or of applicable rules and regulations issued pursuant thereto.
Describe the dwelling or dwelling unit where the violations are alleged exist or to have been committed.
Specify a specific date for the correction of the violation. The date correction shall be at the discretion of the Building Inspector based on the circumstances of each violation, however, in non-life-threatening situations a minimum of 30 days shall be allowed to correct the violation. No violation shall be permitted to exist beyond a maximum of 120 days.
Be served upon the owner, occupant, operator, property manager or agent of the dwelling or dwelling unit, personally, or by certified mail, return receipt requested, addressed to the owner, occupant, property manage operator or agent. If one or more persons to whom such notice addressed cannot be found after diligent effort to do so, service may be made upon such person by posting the notice in or about the dwelling, dwelling unit, described in the notice, or by causing such notice to be published in a newspaper or general circulation.
At the end of the period time allowed for the correction of any violation alleged, the Building Inspector (or other Town inspector) shall reinspect the dwelling or dwelling unit in the notice.
If upon reinspection the violations are determined by the Building Inspector (or other Town inspector) not to have been corrected, the Town Board shall initiate legal proceedings for the immediate correction of the alleged violations.
Whenever, in the judgment of the Building Inspector (or other Town inspector), an emergency exists which requires immediate action to protect the public health, safety, or welfare, an order may be issued, without a hearing or appeal, directing the owner, occupant, operator, or agent to take such action as is appropriate to correct or abate the emergency. If circumstances warrant, the Building Inspector (or other Town inspector) may act to correct or abate the emergency. Following the issuance of a citation, the case will be scheduled for trial in municipal or circuit court.
In any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, fire, safety, or health ordinance or code of this Town, county, or state, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail.
Where, in the judgment of the Building Inspector (or other Town inspector), it would be inappropriate to apply literally the provisions of this chapter because exceptional or undue hardship would result, the Building Inspector (or other Town inspector) may waive or modify any requirements to the extent deemed just and proper. Application for any such variance shall be made, in writing, by the property owner, stating fully all facts relied upon the petitioner, and shall be supplemented with any additional data which may aid the Building Inspector (or other Town inspector) in his analysis of the requested variance.
The Building Inspector (or other Town inspector) shall not grant variations or exceptions to the regulations of this chapter unless he shall make findings based upon the evidence presented to him in each specific case that:
The granting of the variation will not be detrimental to the public safety, health or welfare or injurious to other property or improvements in the neighborhood in which the property is located;
The conditions upon which the request for a variation is based are unique to the property for which the variation is sought and are not applicable generally to other property;
Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, financial hardship or self-imposed hardship, if the strict letter of the regulations were carried out.
The Building Inspector (or other Town inspector), if he approves of the variance, shall do so, in writing, within 10 days of the filing of the variance request.
The decision of the Building Inspector to deny a variance may be appealed by filing an appeals request with the Building Inspector (or other Town inspector) within 14 days of his decision. A public hearing on the appeal shall be scheduled within 30 days by the Town Board. All parties may be represented by counsel. The Town Board shall consider all relevant information and shall render a decision which shall be binding.
[Adopted as Title 15, Ch. 2, Art. B, of the 1996 Code]
The purpose of the regulations contained in this article is to address specific property maintenance concerns. These regulations are intended to serve as alternative and/or additional enforcement procedures to those prescribed in Article I of this chapter.
Storage of automobiles restricted. No disassembled, inoperable, unlicensed, junked or wrecked motor vehicles, truck bodies, tractors, trailers, machinery, vehicle parts, tires, or appliances, or construction refuse/debris, shall be stored outside upon private residential property or unenclosed within a building upon nonresidential property within the Town of Koshkonong 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 or be detrimental to an area's appearance and property values.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- DISASSEMBLED, INOPERABLE, JUNKED OR WRECKED MOTOR VEHICLES, TRUCK BODIES, TRACTORS, TRAILERS
- As used in this section is defined as follows: motor vehicles, recreational vehicles, truck bodies, tractors, machinery, buses or trailers in such state of physical or mechanical ruin as to be incapable of propulsion, being operated upon the public streets or highways or which is 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. This term shall include junked, disassembled or inoperable farm machinery in public view.
- INOPERABLE APPLIANCE
- Is defined as 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
- As used in this chapter is defined as follows: motor vehicles, truck bodies, tractors, recreational vehicles or trailers which do not bear lawful current license plates.
Exceptions. This section 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 in a manner that does not present a nuisance 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 Town. In other situations the Town Board may issue temporary permits permitting an extension of not to exceed an additional 30 days' time to comply with this section where exceptional facts and circumstances warrant such extension.
Whenever the Code Enforcement Official shall find any vehicles, vehicle parts or tires, or appliances, as described herein, placed or stored in violation of this section within the Town, they shall notify the owner of said property on which said vehicle or appliance is stored of the violation of this section. If said vehicle, part thereof or appliance is not removed within five days, the Code Enforcement Official shall cause to be issued a citation to the property owner or tenant of the property upon which said vehicle or appliance is stored.
If such vehicle or appliance is not removed within 20 days after issuance of a citation, the Code Enforcement Official shall cause the vehicle or appliance to be removed and impounded, and it shall thereafter be disposed of as prescribed in Subsection F by the Code Enforcement Official or his duly authorized representative. Any cost incurred in the removal and sale of said vehicle or appliance shall be recovered from the owner. However, if the owner of the vehicle or appliance cannot readily be found or refuses to comply with requirements to abate the nuisance, 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 pursuant to § 66.0627, Wis. Stats.
Penalty. Any person who shall interfere with the enforcement of any of the provisions of this section and shall be found guilty thereof shall be subject to a penalty as provided by § 1-3, General penalty. Each motor vehicle or appliance involved shall constitute a separate offense.
[Amended 3-13-2019 by Ord. No. 1]
Removal, storage, notice or reclaimer of vehicles.
Storage and reclaimer. Any vehicle which has been impounded under this section shall be retained in storage for a period of 14 days after certified mail notice, as hereinafter provided, has been sent to the Wisconsin titled owner and/or secured party of record with the Wisconsin Motor Vehicle Division, except that if the Code Enforcement Official or his designee determines an abandoned vehicle to have a value of less than $100, or that the cost of towing and storage charges for impoundment will exceed the value of the vehicle, it may be junked or sold by direct sale to a licensed salvage dealer after having been retained in storage for a period of seven days and after certified mail notice, as hereinafter provided, has been sent to the Wisconsin titled owner or secured party of record with the Wisconsin Motor Vehicle Division, provided that it is first determined that the vehicle is not reported stolen or wanted for evidence or other reason. All substantially complete vehicles in excess of 19 model years of age shall be deemed as having a value of less than $100. Any such vehicle which may be lawfully reclaimed may be released upon the payment of all accrued charges, including towing, storage and notice charges and upon presentation of the vehicle title or other satisfactory evidence to the Code Enforcement Official or his designee to prove an ownership or secured party interest in said vehicle.
[Amended 3-13-2019 by Ord. No. 1]
Notice to owner or secured party. Certified mail notice, as referred to herein, shall notify the Wisconsin titled owner of the impounded vehicle, if any, and/or the secured party of record with the Wisconsin Motor Vehicle Division, if any, of the following:
That the vehicle has been impounded by the Town of Koshkonong;
The "determined value" of the abandoned vehicle;
If the cost of towing and storage costs will exceed the determined value of the vehicle;
That if the vehicle is not wanted for evidence or other reason, the vehicle may be reclaimed upon the payment of all accrued charges, including towing, storage and notice charges, within 14 days of the date of notice, unless the vehicle has been determined to have a value less than $100 or that the cost of towing and storage charges for impoundment will exceed the value of the vehicle, in which case the vehicle may be reclaimed within seven days upon the payment of the aforesaid charges; and
That the owner or aforesaid secured party may, upon request, be granted a hearing relating to the determinations made with respect to said vehicle within the period that such vehicles may be reclaimed.
Disposal. Any vehicle impounded by the Town which has not been reclaimed or junked or sold by direct sale to a licensed salvage dealer pursuant to the provisions of this section may be sold by public auction sale or public sale calling for the receipt of sealed bids. A Class I Notice, including the description of the vehicles, the name(s) and address(s) of the Wisconsin titled owner and secured party of record, if known, and the time of sale shall be published before the sale.
Report of sale or disposal. Within five days after the direct sale or disposal of a vehicle as provided for herein, the Code Enforcement Official or his designee shall advise the State of Wisconsin Department of Transportation, Division of Motor Vehicles, of such sale or disposal on a form supplied by said Division. A copy of the form shall be given to the purchaser of the vehicle enabling the purchaser to obtain a regular certificate of title for the vehicle. The purchaser shall have 10 days to remove the vehicle from the storage area but shall pay a reasonable storage fee established by the Town for each day the vehicle remains in storage after the second business day subsequent to the sale date. Ten days after the sale the purchaser shall forfeit all interest in the vehicle and the vehicle shall be deemed to be abandoned and may be sold again. Any listing of vehicles to be sold by the Town shall be made available to any interested person or organization which makes a written request for such list to the Town. The Town may charge a reasonable fee for the list.
Owner responsible for impoundment and disposal costs.
The owner of any impounded vehicle, except a stolen vehicle, is responsible for all costs of impounding and disposing of the vehicle. Costs not covered from the sale of the vehicle may be recovered in a civil action by the Town against the owner.
Payment of removal and impoundment costs is not required when the vehicle has been impounded for purposes of law enforcement investigation.
Editor's Note: Original Sec. 15-2-22, Abatement of health nuisances, and Sec. 15-2-23, Deposit of deleterious substances prohibited, which originally followed this section, were repealed 3-13-2019 by Ord. No. 1.
Purpose. This section is adopted due to the unique nature of the problems associated with lawns, grasses and noxious weeds being allowed to grow to excessive length in the Town of Koshkonong. Prairie grasses and forbs are exempt from this section.
[Amended 3-13-2019 by Ord. No. 1]
Public nuisance declared. The Town Board finds that lawns, grasses and noxious weeds on nonagricultural lots or parcels of land, (as classified under the pertinent Zoning Code or by predominant use), within the Town of Koshkonong which exceed 12 inches in length adversely affect the public health and safety of the public in that they tend to emit pollen and other discomforting bits of plants, constitute a fire hazard and a safety hazard in that debris can be hidden in the grass, interferes with the public convenience and adversely affects property values of other land within the Town. For that reason, any nonagricultural lawn, grass or weed on a lot or other parcel of land which exceeds 12 inches in length is hereby declared to be a public nuisance, except for property located in a designated floodplain area and/or wetland area mapped wetland. However, prairie grasses and forbs in excess of the standards in this section may be used in buffer areas adjacent to wooded areas or waterways.
[Amended 3-13-2019 by Ord. No. 1]
Nuisances prohibited. No person, firm or corporation shall permit any public nuisance as defined in Subsection B above to remain on any premises owned or controlled by him within the Town of Koshkonong.
Inspection. The Town Board, Weed Commissioner or designee shall inspect or cause to be inspected all premises and places within the Town to determine whether any public nuisance as defined in Subsection B above exists.
[Amended 3-13-2019 by Ord. No. 1]
Abatement of nuisance.
If the Weed Commissioner or Town Board shall determine with reasonable certainty that any public nuisance as defined in Subsection B above exists, he shall cause written notice to be served that the Town proposes to have the lot grass or lawn cut so as to conform with this section in the event the owner fails to comply with this section.
[Amended 3-13-2019 by Ord. No. 1]
The notice shall be served at least five days prior to the date of the hearing and shall be mailed or served on the owner of the lot or parcel of land or, if he is not known and there is a tenant occupying the property, then to the tenant, of the time and place at which the hearing will be held.
Appeal hearing. If the owner believes that his grasses or weeds are not a nuisance, he may request a hearing before the Town Board. The request for said hearing must be made, in writing, to the Town Clerk's office within five days of the Weed Commissioner's notice (or that of his/her designee). Upon application for the hearing, the property owner shall deposit a bond per the current Fee Schedule. The Town Board may amend the amount of the bond pursuant to resolution of the Town Board without amending this section. If a decision is rendered in the property owner's favor, the bond will be returned to the property owner. If the property owner fails to appear for the hearing or if the decision is rendered against the property owner, the deposit shall be forfeited and applied to the cost of Town personnel abating the nuisance, if necessary. When a hearing is requested by the owner of the property, a hearing by the Town Board of Appeals shall be held within 10 days from the date of the owner's request not to exceed a maximum of 60 days. The property in question will not be mowed by the Town until such time as the hearing is held by the Town Board. At the close of the hearing, the Town Board shall make its determination, in writing, specifying its findings, facts, and conclusions. If the Board of Appeals determines that a public nuisance did exist, the Town Board shall order their designee or the Weed Commissioner or his/her designee to mow the property in question unless the property has been mowed by the owner within 48 hours of the Town Board's decision. If the owner does not abate the nuisance within the described 48 hours, the Weed Commissioner or his/her designee shall cause the same nuisance to be abated and cost in excess of the forfeited fee assessed accordingly.
[Amended 3-13-2019 by Ord. No. 1]
Editor's Note: The Fee Schedule is on file in the Town office.
Town's option to abate nuisance. In any case where the owner, occupant or person in charge of the property shall fail to cut his lawn, grass or weeds as set forth above, then, and in that event, the Town may elect to cut said lawn, grass or weeds as follows:
The written notice required in Subsection E shall inform said person that in the event of his failure to abate the nuisance within the prescribed time, the Town shall abate the same and the cost thereof shall be assessed to the property owner as a special charge.
The Town shall cut or cause to be cut all grass and weeds from the subject's property and shall charge the expenses of so doing at a rate as established by resolution by the Town Board. The charges shall be set forth in a statement to the Town Clerk who, in turn, shall mail the same to the owner, occupant or person in charge of the subject premises. If said statement is not paid in full within 30 days thereafter, the Town Clerk shall enter the charges in the tax roll as a special tax against said lot or parcel of land, and the same shall be collected in all respects like other taxes upon real estate, or as provided under § 66.0627, Wisconsin Statutes.
Billing for Town abatement of the nuisance may be in addition to citations issued for violations of this section.
Definitions. The following definitions shall be applicable in this section:
- HARDWARE CLOTH
- Wire screening of such thickness and spacing as to afford reasonable protection against the entrance of rodents.
- OWNER or MANAGER
- Whenever any person or persons shall be in actual possession of or have charge, care or control of any property within the Town, as executor, administrator, trustee, guardian or agent, such person or persons shall be deemed and taken to be the owner or owners of such property within the true intent and meaning of this section and shall be bound to comply with the provisions of this section to the same extent as the owner, and notice to any such person of any order or decision of the Code Enforcement official or his designee shall be deemed and taken to be a good and sufficient notice, as if such person or persons were actually the owner or owners of such property, except that whenever an entire premises or building is occupied as a place of business, such as a store, factory, warehoused, rooming house, junkyard, lumber yard or any other business under a single management, the person, firm or corporation in charge of such business shall be considered the owner or manager.
- RODENT HARBORAGE
- Any place where rodents can live and nest without fear of frequent molestation or disturbance.
- RODENT-PROOF CONTAINER
- A container constructed or concrete or metal, or the container shall be lined with metal or other material that is impervious to rodents, and openings into the container such as doors shall be tight-fitting to prevent the entrance of rodents.
- Shall consist of closing openings in building foundations and openings under and around doors, windows, vents and other places which could provide means of entry for rodents, with concrete, sheet metal, hardware cloth or other types of rodent-proofing material approved by the Town.
- For purposes of this section, shall not include rabbits, chipmunks, gophers and squirrels.
Elimination of rodent harborages. Except for compost piles permitted under § 424-20, whenever accumulations of rubbish, boxes, lumber, scrap metal, car bodies or any other materials provide rodent harborage, the person, firm or corporation owning or in control of such materials shall cause the materials to be removed or the materials shall be stored so as to eliminate the rodent harborage. Lumber boxes and similar materials shall be neatly piled. These piles shall be raised at least a foot above the ground. When the owner of the materials cannot be found after a reasonable search, the owner or manager of the premises on which the materials are stored shall be responsible for disposal or proper piling, of the materials.
Elimination of rodent-feeding places. Except for compost piles permitted under § 424-20, no person, firm or corporation shall place, or allow to accumulate, any materials that may serve as a food for rodents in a site accessible to rodents. Any waste material that may serve as food for rodents shall be stored in rodent-proof containers. Feed for birds shall be placed on raised platforms or such feed shall be placed to minimize access by rodents; limited ground feeding of birds is permitted in order to properly feed certain species.
Extermination. Whenever rodent holes, burrows or other evidence of rodent infestation are found on any premises or in any building within the Town, it shall be the duty of the owner or manager of such property to exterminate the rodents or to cause the rodents to be exterminated. Within 10 days after extermination, the owner or manager shall cause all of the rodent holes or burrows in the ground to be filled with earth or other suitable material.
Rodent-proofing. It shall be the duty of the owner or manager of any building in the Town of Koshkonong to make such building reasonably rodent-proof, to replace broken basement windows and, when necessary, to cover the basement window openings with hardware cloth or other suitable material for preventing rodents from entering the building through such window openings.
Purpose and intent. The purpose of this section is to promote the recycling of yard wastes and certain kitchen wastes through composting and to establish minimum standards for proper compost maintenance.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- The organic waste produced from the growing, trimming, and removal of grass, branches (not exceeding one inch in diameter) bushes, shrubs, plants, leaves and garden debris. Kitchen waste shall be any uncooked plant matter not contaminated by or containing meat, fish and/or dairy products.
Maintenance. All compost piles shall be maintained using approved composting procedures to comply with the following requirements:
All compost piles shall be enclosed in a free standing compost bin. Each compost bin shall be no larger in volume than 125 cubic feet, and shall be no taller than 42 inches.
All compost bins shall be so maintained as to prevent the attraction or harborage of rodents and pests. The presence of rodents in or near a compost bin shall be cause for the Town to proceed under § 424-19.
All compost bins shall be so maintained as to prevent unpleasant odors.
No compost bin shall be allowed to deteriorate to such condition as to be a blighting influence on the surrounding property or neighborhood or Town in general.
All compost bins shall be located not less than three feet from a property line or principal building or dwelling.
A variance from these setback requirements may be applied for if the property owner(s) can show a hardship exists which prohibits compliance. In addition, any variance application must include a signed written approval of the variance request from the adjacent property owner(s). Variances can be granted by the Code Enforcement Officer on an annual basis upon the proper application being submitted by the property owner(s). Screening and/or fencing of compost bins may be required as a condition of a variance being granted.
No compost bin shall be located in any yard except a rear yard, as defined in the pertinent Zoning Code. A compost bin may be located in a side yard as defined in the pertinent Zoning Code subject to the annual variance procedure contained in and must be screened from view to the street.
Those composting bins which existed prior to the adoption of this section shall be given one year to comply with the requirements set forth herein.
Owner responsibility. Every owner or operator shall be responsible for maintaining all property under his or her control in accordance with the requirements of this section.