A.
Policy. There exist in the Village of Fairwater structures, residential
yards or vacant areas or combinations thereof which are, or may become,
unhygienic, dilapidated or unsafe with respect to structural integrity,
equipment or maintenance and as such constitute a menace to the health,
safety and welfare of the public. Lack of maintenance and progressive
deterioration of certain properties have the further effect of creating
blighted area conditions and, if such conditions are not curtailed
and removed, the expenditure of large amounts of public funds to correct
and eliminate the same will be necessary. Timely regulation and restriction
to contain and prevent blight is necessary thereby maintaining the
desirability and amenities as well as property values of the neighborhoods
in the Village.
B.
Purpose. The purpose of this article is to protect public health,
safety and welfare by establishing minimum property maintenance standards.
This article does not replace or modify standards otherwise established
by other portions of this Code for construction, repair, alteration
or use of buildings. This article is meant to be remedial, and this
article shall be liberally construed to effectuate the purposes stated
herein. Violation of the minimum standards set forth in this article
shall be deemed to be a public nuisance.
For purposes of this article, the following definitions shall
be applicable:
A dwelling which is not occupied and which is not intended
by the owner to be occupied within a reasonable period of time. A
dwelling shall be presumed to be abandoned if it is unoccupied for
a period of 12 consecutive months. Occupancy required hereunder shall
be bona fide and not acquired for the sole purpose of defeating the
abandonment of a dwelling.
A structure, the use of which is incidental to that of the
main building and which is attached thereto or located on the same
premises.
Any area (including a slum area) in which a majority of the
structures are residential (or in which there is a predominance of
buildings or improvements, whether residential or nonresidential)
and which, by reason of dilapidation, deterioration, age or obsolescence,
inadequate provision for ventilation, light, air, sanitation, or open
spaces, high density of population and overcrowding, or the existence
of conditions which endanger life or property by fire and other causes,
or any combination of such factors, is conducive to all ill health,
transmission of disease, infant morality, juvenile delinquency and
crime, and is detrimental to the public health, safety, morals or
welfare.
Any structure built for the support, shelter and enclosure
of persons, animals, chattels, or movable property of any kind, and
which is permanently affixed to the land, or connected to a utility,
and includes those structures resting on runners, wheels, or similar
supports.
The condition or appearance of a building or part thereof
characterized by holes, breaks, rot, crumbling, cracking, peeling,
rusting, or other evidence of physical decay, neglect, lack of maintenance
or excessive use.
Describes a building, structure or part thereof which is
in a state or ruin or shabbiness resulting from neglect. The term
implies a hazard to life or property.
Any enclosed space which is wholly or partly used or intended
to be used for living or sleeping by human occupants.
Any public nuisance known at common law or in equity jurisprudence
or as provided by the statutes of the State of Wisconsin or the Village
of Fairwater Code.[1] Further a public nuisance is a thing, act, occupation,
condition or use of property which shall continue for such length
of time as to:
Any person living in, sleeping in or having actual possession
of a building.
Any person who, alone or jointly or severally with others,
shall have:
Legal title to any premises, with or without accompanying actual
possession thereof; or
Charge, care or control of any premises, as owner or agent of
the owner, or an executor, administrator, trustee or guardian of the
estate of the owner. Any such person thus representing the actual
owner shall be bound to comply with the provisions of this article
and of rules and regulations adopted pursuant thereto, to the same
extent as if he were the owner.
Any natural individual, firm, trust, partnership, association
or corporation.
A platted lot or part thereof or unplatted lot or parcel
of land or plot of land, either occupied or unoccupied by a dwelling
or nondwelling structure, and includes any such building, accessory
structure or other structure thereon.
All putrescible and nonputrescible solids (except body wastes),
including garbage, rubbish, ashes and dead animals.
Nonputrescible solid wastes (excluding ashes) consisting
or either:
No owner or occupant shall accumulate or allow the accumulation
outside of a building or accessory structure of waste matter, litter,
refuse, rubbish, lumber, metal scraps, machine parts, discarded or
nonfunctioning appliances, accessories, furniture or other material
on such property which presents a blighted appearance on the property
or which constitutes a nuisance or which tends to decrease the value
of neighboring properties.
A.
Minimum standards. No person shall occupy as owner-occupant or shall
let or hold out to another for occupancy any dwelling or family unit,
for the purpose of living therein, or own or be in control of any
vacant dwelling or dwelling unit which is not safe, clean, sanitary,
and fit for human occupancy and which does not comply with the particular
requirements of the following subsections.
B.
Foundations, exterior walls and roofs. No person shall be an owner
or occupant of any premises which does not comply with the following
requirements:
(1)
Every exterior wall shall be free of deterioration, holes, breaks,
and loose or rotting boards or timbers.
(2)
Structures that require paint or stain should have paint or stain
applied at regular intervals to exterior building surfaces. When the
building has more than 30% deterioration of its finished surface on
any wall, that wall shall be painted or stained. Such painting and
staining shall be completed within 90 days from the date of the first
application.
(3)
All cornices, moldings, lintels, sills, oriel windows, and similar
projections shall be kept in good repair and free from cracks and
defects which make them hazardous or unsightly.
(4)
Roof surfaces shall be tight and have no defects which admit water.
All roof drainage systems shall be secured and hung properly.
(5)
Chimneys, antennas, air vents, and other similar projections shall
be structurally sound and in good repair. Such projections shall be
secured properly, where applicable, to an exterior wall or exterior
roof.
C.
Grading and drainage of lots. Every yard, court, vent passageway,
driveway, and other portion of the lot on which the building stands
shall be graded and drained so as to prevent the accumulation of water
on any such surface or on adjacent property. Driveways shall be maintained
in good repair.
D.
Accessory structures. All accessory structures shall be maintained
in a state of good repair and vertical alignment. All exterior appurtenances
or accessory structures which serve no useful purpose and are in a
deteriorated or dilapidated condition, which are not economically
repairable, shall be removed. Such structures include but shall not
be limited to porches, terraces, entrance platforms, garages, driveways,
carports, walls, fences and miscellaneous sheds.
E.
Abandoned dwellings. The owner of any abandoned dwelling shall:
(1)
Cause all services and utilities to be disconnected from or discontinued
to said dwelling;
(2)
Lock all exterior doors and windows of said dwelling;
F.
Nuisances. The interior and exterior of vacant and abandoned dwellings
shall be maintained in a nuisance-free condition.
A.
Upon determination by the Village Building Inspector of a violation
of this article, the Village shall notify the owner and, if different
from the owner, the occupant of the premises of such violation.
B.
The notice shall specify the nature of the violation, the required
correction and a reasonable time, not to exceed 30 days, to correct
the violation. The notice shall be served upon the person or persons
named personally or by certified mail addressed, postage paid, to
the last known address of such person or persons.
C.
The person so notified shall have the right to appeal the decision
of the Building Inspector to the Village Board within 30 days of the
date of notice.
D.
If, upon expiration of the time given for correction of a violation
and time for any appeal thereof, such correction is not made, the
Village Building Inspector shall file an action in the name of the
Village in the Circuit Court for Fond du Lac County, Wisconsin, in
accordance with the provisions of Ch. 823, Wis. Stats., as amended
from time to time.
Nothing in this article shall be construed as prohibiting the
abatement of public nuisances by the Village of Fairwater or its officials
in accordance with the laws of the State of Wisconsin or Village ordinances.
In addition to any other penalty imposed by this article for
the erection, contrivance, creation, continuance or maintenance of
a public nuisance, the cost of abating a public nuisance by the Village
shall be collected as a debt from the owner, occupant or person causing,
permitting or maintaining the nuisance, and if notice to abate the
nuisance has been given to the owner, such cost shall be assessed
against the real estate as a special charge.
