[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:
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.
A product installation or condition approved by the local
authority as being equal to that originally specified.
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.
A condition having an adverse effect on surrounding properties.
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.
The Town Building, Plumbing, Electrical and Heating, Ventilating
and Air-Conditioning Codes.
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.
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.
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.
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.
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.
That the premises are in a proper state for the uses to which
they were intended to be used.
That the premises are in conformance with the governing rules,
regulations and codes.
One or more rooms in a dwelling used primarily for sleeping,
living, or dining purposes.
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.
A room used primarily for living, dining, or cooking purposes.
A dwelling containing lodging rooms that will accommodate
five or more persons not members of a family.
A portion of a dwelling used primarily for sleeping and living
purposes, excluding cooking facilities.
Occupancy of a building in part for residential use and in
part for some other use not accessory thereto.
Material that cannot be burned.
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:
Shall have legal title to any premise, dwelling or dwelling
unit, with or without accompanying actual possession thereof; or
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.
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.
That normal conditions exist.
Debris as heretofore defined.
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:
(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.
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.
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.
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.
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.
A.
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.
B.
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.
C.
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:
A.
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.
B.
Exterior walls and foundations.
(1)
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.
(2)
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.
C.
Roofs and drainage.
(1)
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.
(2)
Gutters and downspouts, when provided, shall be adequately secured,
kept free of obstruction and in a reasonably good state of repair.
D.
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.
E.
Doors, windows and basement hatchways.
(1)
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.
(2)
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.
F.
Kitchen facilities. Kitchen facilities shall be kept in a sanitary
condition, with major appliances functioning properly.
G.
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.
H.
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:
(1)
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.
(2)
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.
I.
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:
(1)
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.
(2)
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.
(3)
Exterior areas in a natural state shall be kept free of diseased
or fallen trees, branches, brush, debris and noxious weeds.
(4)
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.
J.
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.
K.
Rodent or insect infestation.
(1)
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.
(2)
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.
L.
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.
A.
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.
B.
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.
A.
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.
B.
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.
A.
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:
(1)
Be in writing.
(2)
Set forth the alleged violations of this chapter or of applicable
rules and regulations issued pursuant thereto.
(3)
Describe the dwelling or dwelling unit where the violations are alleged
exist or to have been committed.
(4)
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.
(5)
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.
B.
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.
C.
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.
A.
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.
B.
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:
(1)
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;
(2)
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;
(3)
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.
C.
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.
D.
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.
A.
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.
B.
DISASSEMBLED, INOPERABLE, JUNKED OR WRECKED MOTOR VEHICLES,
TRUCK BODIES, TRACTORS, TRAILERS
INOPERABLE APPLIANCE
MOTOR VEHICLE
UNLICENSED - MOTOR VEHICLES, TRUCK BODIES, TRACTORS OR TRAILERS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
Is defined as any stove, washer, refrigerator or other appliance
which is no longer operable in the sense for which it was manufactured.
Is defined in § 340.01(35), Wis. Stats.
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.
C.
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.
D.
Enforcement.
(1)
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.
(2)
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.
E.
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]
F.
Removal, storage, notice or reclaimer of vehicles.
(1)
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]
(2)
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:
(a)
That the vehicle has been impounded by the Town of Koshkonong;
(b)
The "determined value" of the abandoned vehicle;
(c)
If the cost of towing and storage costs will exceed the determined
value of the vehicle;
(d)
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
(e)
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.
(3)
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.
(4)
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.
(5)
Owner responsible for impoundment and disposal costs.
(a)
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.
(b)
Payment of removal and impoundment costs is not required when
the vehicle has been impounded for purposes of law enforcement investigation.[1]
[1]
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.
A.
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]
B.
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]
C.
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.
D.
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]
E.
Abatement of nuisance.
(1)
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]
(2)
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.
F.
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.[1] 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]
[1]
Editor's Note: The Fee Schedule is on file in the Town office.
G.
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:
(1)
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.
(2)
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.
(3)
Billing for Town abatement of the nuisance may be in addition to
citations issued for violations of this section.
A.
HARDWARE CLOTH
OWNER or MANAGER
RODENT HARBORAGE
RODENT-PROOF CONTAINER
RODENT-PROOFING
RODENTS
Definitions. The following definitions shall be applicable in this
section:
Wire screening of such thickness and spacing as to afford
reasonable protection against the entrance of rodents.
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.
Any place where rodents can live and nest without fear of
frequent molestation or disturbance.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
COMPOSTING
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.
C.
Maintenance. All compost piles shall be maintained using approved
composting procedures to comply with the following requirements:
(1)
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.
(2)
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.
(3)
All compost bins shall be so maintained as to prevent unpleasant
odors.
(4)
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.
(5)
Setback requirements.
(a)
All compost bins shall be located not less than three feet from
a property line or principal building or dwelling.
(b)
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.
(6)
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.
(7)
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.
E.
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.
