[Adopted as Secs. 18.01 through 18.05 of the Codification]
The general purpose of this chapter is to protect the public
health, safety, morals and the general welfare of the people of the
Village. These general objectives include, among other, the following
specific purposes:
A.Â
To protect the character and stability of all areas within the Village.
B.Â
To provide the minimum standards necessary to the health and safety
of persons occupying or using buildings, structures or premises.
C.Â
To provide minimum standards for the exterior maintenance of all
buildings, structures and exterior premises, and to thus prohibit
the spread of slums and blight.
D.Â
To declare that buildings, structures and adjacent exterior property
which have become or are becoming deteriorated, dilapidated, neglected,
fire hazards, a vermin or rodent harborage, or unsanitary are detrimental
to the health, safety, morals and welfare of the residents of this
community.
E.Â
To preserve the value of land and buildings throughout the Village.
Every building, structure and its premises shall conform to
the requirements of this chapter, irrespective of the class to which
such building, structure and premises may otherwise belong, and irrespective
of when such building may have been constructed, altered or repaired.
A.Â
This chapter establishes minimum standards for maintenance of buildings,
structures and premises and does not replace or modify standards otherwise
established for the construction, replacement or repair of buildings
and structures except such as are in conflict with the provisions
of this chapter.
B.Â
Any inconsistency or conflict between the provisions of this chapter
and any other provision of this chapter or other existing ordinance
shall not repeal such provision or ordinance; but the provisions of
this chapter shall be cumulative thereto.
A.Â
ACCESSORY STRUCTURE
BASEMENT
BUILDING
DETERIORATION
EXTERMINATION
FENCE
GARBAGE
OCCUPANT
OPERATOR
OWNER
PERSON
PROVIDED
REPAIR
REPLACE
RUBBISH
STRUCTURE
SUBSTANDARD
SUPPLIED
YARD
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
A structure detached from and subordinate to the main or
principal structure and located on the same lot, including, but not
limited to, garages, storage sheds, carports, fences, retaining walls,
garden treillage, and any other exterior appurtenance located on the
lot.
That portion of a building the floor line of which is below
the surface of the ground immediately adjoining it and its ceiling
not more than four feet above lot grade.
A structure built for the support, shelter or enclosure of
persons, animals or chattels, including all mechanical and electrical
appurtenances.
The condition or appearance of a building or structure or
part thereof, characterized by breaks, holes, rot, crumbling, cracking,
peeling, rusting, inadequate paint, or other evidence of decay or
neglect.
The control and elimination of insects, rodents or other
pests 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 approved by the Health Commissioner.
An independent structure forming a barrier at grade between
lots, between a lot and a street or an alley, or between portions
of a lot or lots and includes a wall or latticework screen but excludes
a hedge or natural growth, or a barrier less than 18 inches in height
which is used to protect plant growth.
Garbage is all waste, animal, fish, fowl or vegetable matter
incident to and resulting from the use, preparation and storage of
food for human consumption.
Any person occupying or having use of a building, structure,
premises or any part thereof.
Any person who has charge, care or control of a building,
structure or premises or part thereof.
Any person who, alone, jointly, or severally with others,
shall hold title to a building, structure or premises, or who shall
be in actual possession of, or have charge, care or control of a building,
structure or premises as employee or agent of the title holder, or
who shall be trustee or guardian of the estate or person of the title
holder.
Includes a corporation, firm, partnership, association, organization
and any other group acting as a unit as well as individuals, including
a personal representative, receiver or other representative appointed
according to law. Whenever the word "person" is used in any section
of this chapter prescribing a penalty or fine, as to partnerships
or association, the word shall include the partners or members thereof,
and as to corporations, shall include the officer, agents or members
thereof who are responsible for any violation of such section.
Any material furnished, supplied, paid for or under the control
of the owner.
To restore to a state of operation, serviceability or appearance
in conformity with this chapter.
To remove an existing item or portion of a building or structure
and to construct or install a new item of similar or improved quality
as the existing item when it was new. Replacement will ordinarily
take place when the item is incapable of repair.
Rubbish is the miscellaneous waste material, combustible
and noncombustible, resulting from housekeeping and ordinary mercantile
enterprises, and includes boxes, cartons, excelsior, paper, ashes,
cinders, tine cans, bottles and broken glass, rubber, grass clippings,
brush, leaves and garden plants.
Anything constructed or erected which requires location on
the ground or is attached to something having location on the ground,
including a building, fence, freestanding wall, sign or other advertising
medium, whether detached or projecting.
All buildings which do not conform to the minimum standards
established by this chapter and by any other provision of this Code
of Ordinances or by the State of Wisconsin Administrative Code.
Paid for, furnished, or provided by or under the control
of the owner or operator.
An open space at grade on the same lot as a building or structure
located between such building or structure and the adjoining lot line
and/or street line.
B.Â
Meaning of certain words. Whenever the words "building," "structure,"
"premises," are used in this chapter, they shall be construed as though
they were followed by the words "or any part thereof."
[Amended by Ord. No. 1627]
It shall be unlawful for any person to occupy or use, or let
or hold out to another for occupancy or use, any building, structure
or premises which does not comply with each of the following requirements
of this chapter:
A.Â
Foundations, exterior walls and roofs. The foundation shall be substantially
watertight and protected against rodents and shall be kept in good
condition and repair. The foundation elements shall adequately support
the building at all points. Every exterior wall shall be substantially
watertight, weathertight, protected against rodents, kept in good
condition and repair and shall be free of deterioration, holes, breaks,
loose or rotting boards or timber, and any other condition which might
admit rain or dampness to the interior portions of the walls or to
the exterior spaces of the dwelling. All exterior wood surfaces shall
be protected by paint, stain or other water- and weather-resistant
treatment. Every roof shall be watertight, weathertight, kept in good
condition and repair, and have no dangerous defects. Roof drainage
shall be adequate to prevent rain water from causing dampness in the
walls. All cornices, copings, parapets, moldings, belt courses, lintels,
sills and similar projections shall be kept in good repair, free from
cracks or defects which make them hazardous or dangerous.
B.Â
Windows, doors and hatchways. Every window shall be fully supplied
with transparent or translucent window panes which are substantially
without cracks or holes, shall be substantially tight and shall be
kept in good condition and repair. Windows, other than fixed windows,
shall be easily opened and shall be held in position by window hardware.
Every exterior door shall fit substantially tight within its frame
and shall be kept in good condition and repair. Door hinges and door
latch shall be kept in good condition. Window and door frames shall
be kept in good condition and shall exclude rain and substantially
exclude wind from entering the building or structure. Every basement
hatchway shall prevent the entrance of rodents, rain and surface drainage
water into the building or structure.
C.Â
Screens. From June 1 to September 15, screens shall be installed
on doors or windows when they are opened for ventilation. Screening
shall be at least a 14 mesh and shall be attached to its frame in
such manner which does not leave openings larger than those in the
screen itself. Frames shall be in good condition and repair and shall
fit tightly into the window or door frame so as not to allow the passage
of insects or rodents. Screens shall be provided with positive attachment
devices to ensure that inserts will not fall from or be dislodged
from the door or window frame. A self-closing device shall be provided
for screen doors.
D.Â
Stairways and porches. Every exterior stairway and every porch and
its supports shall be kept in good and safe condition and repair and
shall be free of deterioration, with every rail and balustrade firmly
fastened and maintained.
E.Â
Chimneys. Every chimney and chimney flue shall be in good and safe
condition and repair. Masonry chimneys shall have caps to prevent
moisture from entering the masonry.
F.Â
Grading and drainage of lots. Every yard, court, driveway or other
portion of the lot shall be graded or drained so as to prevent the
accumulation of stagnant water on any such surface. Driveways shall
be maintained in good condition and repair.
G.Â
Yards. Yards shall be kept substantially clear of debris and shall
be provided with adequate lawn, ground cover, vegetation, hedges,
bushes, or other vegetation, maintained as necessary to create a neat
and attractive appearance. To the extent practicable, yards shall
be kept free of noxious weeds as identified in § 66.0407,
Wis. Stats. All weeds and grasses shall be kept cut to a height not
to exceed six inches. The Village may cause all weeds and grasses
in excess of six inches to be cut and removed and any dead or overgrown
brush to be removed and the cost thereof charged to the property under § 66.0627,
Wis. Stats., provided that the Building Inspector first provides written
notice to cure the condition to the property owner, at the property
taxpayer's address, at least five days in advance. The height restrictions
of this subsection pertaining to grass may be temporarily exceeded
during the month of May to promote pollinator emergence. The exception
to grass height limits during the month of May, however, shall not
be construed to also provide an exception to the need for a property
owner to abate all weeds defined as noxious weeds in Wis. Stats.
[Amended 12-5-2022 by Ord. No. 1897]
H.Â
Infestation. Every building, structure and all exterior appurtenances
on the premises shall be adequately protected against rats, mice,
termites, and other vermin infestation, and shall not permit the entrance
of such rats, mice, termites and other vermin. Occupants and operators
shall be responsible for the extermination of rodents and vermin from
that part of the premises under their exclusive control except where
more than one unit is infested at the same time, and in this instance
the owner shall also be responsible for extermination of the infestation.
I.Â
Exterior appearance. Every building and structure shall be kept neat
and attractive in appearance. All wooden portions shall be painted,
stained or receive other similar treatment as often as necessary to
maintain such appearance. Stone, brick or other masonry shall be kept
adequately pointed and maintained.
J.Â
Refuse, garbage and rubbish storage requirements. Every building or structure shall have adequate refuse, garbage or rubbish storage facilities as required by Chapter 10, Sanitary Code, of the Whitefish Bay Village Code. No occupant shall accumulate rubbish, boxes, lumber, metal or other materials which may provide harborage for rodents or vermin.
K.Â
Accessory structures. Every accessory structure shall be kept in
good condition and repair, shall not obstruct light and air of doors
or windows, 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.