[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:
ADEQUATE
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.
APARTMENT
One or more rooms with provisions for living, cooking, sanitary,
and sleeping facilities arranged for use by one family.
APPROVED
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.
BASEMENT
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.
BLIGHT
An impaired condition leading to deterioration.
BUILDING
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.
CELLAR
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.
DEBRIS
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.
DILAPIDATED
A condition of decay or partial ruin by neglect or misuse.
DWELLING
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.
EXTERMINATION
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.
FAMILY
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.
GARBAGE
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.
INFESTATION
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.
OCCUPANT
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.
OPERATOR
Any person who has charge or control of a building or part
thereof in which dwelling units or lodging rooms are located or let.
OWNER
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.
PERSON
Any individual, firm, corporation, association, or partnership.
PREMISES
Lot, plot or parcel of land, including the buildings or structures
thereon or any part thereof.
PROPERLY
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.
PROVIDED
Furnished, supplied, paid for or under control of the owner.
RAT-PROOFING
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.
REFUSE
Debris as heretofore defined.
RESIDENTIAL BUILDING
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:
(3)
Multiple-family dwellings (including apartment hotels).
(5)
Fraternity and sorority houses.
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.)
ROOM
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.
RUBBISH
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.
SANITARY
The promotion of hygiene which creates an environment which
facilitates the prevention of diseases.
STRUCTURE
Anything constructed or erected, the use of which requires
more or less permanent location on the ground, or attached to something
having permanent location on the ground.
SUPPLIED
Paid for, furnished 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.
VARIANCE
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.
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.
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.
[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.