[HISTORY: Adopted by the City Council of the City of Amery
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-6-2004 as
§ 10-5-8 of the 2004 Code]
In order to promote public safety, health, welfare, convenience
and enjoyment of public travel, to protect the public investment in
public highways, to preserve and enhance the scenic beauty of lands
bordering public streets, to attract tourists and promote the prosperity,
economic well-being and general welfare of the City, it is declared
to be in the public interests to regulate and restrict the storage
of all junked materials in/on private or public property and the storage
of junked, inoperable, wrecked, discarded or abandoned vehicles.
A.
No disassembled, inoperable, unlicensed, junked or wrecked motor
vehicles, truck bodies, tractors, trailers, farm machinery, vehicle
parts or tires, recreational vehicles (boats, campers, snowmobiles,
all-terrain vehicles, etc.), construction materials, abandoned mobile
home or trailer, miscellaneous junk, household furnishings, or appliances
(all of which are categorized under this article as "regulated materials
and items") shall be stored outside upon private residential property
or be stored unenclosed outside a building or City Council-approved
fencing upon nonresidential property within the City of Amery 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, in full compliance
with all City regulations. Outside storage on a commercial or industrial
property shall be enclosed by a fence of a design approved by the
City Council.
B.
No truck or automobile used for racing or demolition derby purposes,
or vehicles used as parts sources for such purposes, whether operable
or inoperable, shall be stored upon private residential property or
be stored unenclosed outside a building or City Council-approved fencing
upon nonresidential property within the City of Amery 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, in compliance with all City
and other regulations.
As used in this article, the following terms shall have the
meanings indicated:
One which has not been used or occupied, or which due to
dilapidated condition cannot be occupied in a healthful manner, within
the past 365 days.
Motor vehicles, recreational vehicles (boats, campers, snowmobiles, all-terrain vehicles, etc.), truck bodies, tractors, farm machinery or trailers in such state of physical or mechanical ruin as to be incapable of propulsion or 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. Shall also be included in the term "regulated materials and items" defined in § 332-2 above.
Type of construction required to hide and harbor vehicles
from public view, excluding tarps. The City Council shall have sole
authority to determine the adequacy of enclosures required under this
article, which may be a structure, fence, vegetative screening, or
other type of acceptable enclosure.
Any stove, washer, refrigerator or other appliance which is no longer operable in the sense for which it was manufactured. Shall also be included in the term "regulated materials and items" defined in § 332-2 above.
As defined in § 340.01(35), Wis. Stats.
Considered to be the person(s) who occupies the premises
and who may or may not be the responsible person(s) harboring such
unlicensed motor vehicle.
Motor vehicles, truck bodies, tractors, recreational vehicles
or trailers which do not bear lawful current license plates.
Any land use control ordinance that may be in force.
This article shall not apply to any motor vehicle, motor vehicle accessories, or other regulated materials or items listed in § 332-2 stored within an enclosed building or on the premises of a business enterprise operated in a lawful place and in a non-nuisance manner 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. The City Council may determine the necessity of such storage and may require fencing of such nonresidential properties. In other situations, the City Council may issue one-time temporary permits permitting an extension of not to exceed an additional 30 days' time to comply with this article where exceptional facts and circumstances warrant such extension.
A.
Whenever a City law enforcement officer shall find any vehicles or
appliances, as described herein, placed or stored in the open upon
private property within the City, he/she shall notify the owner of
said property on which said vehicle or appliance is stored of the
violation of this article. If said vehicle or appliance is not removed
within three days, a City law enforcement officer shall cause to be
issued a citation to the property owner or tenant of the property
upon which said vehicle or appliance is stored.
B.
If such vehicle or appliance is not removed within 20 days after issuance of a citation, a City law enforcement officer shall cause the vehicle or appliance to be removed and impounded, and it shall thereafter be disposed of as prescribed in §§ 402-3 through 402-6 by a City law enforcement officer. 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, 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.
Any person who shall interfere with the enforcement of any of the provisions of this article and shall be found guilty thereof shall be subject to a penalty as provided in § 1-5. Each motor vehicle or appliance involved shall constitute a separate offense.
[Adopted 10-6-2004 as
Title 15, Ch. 5, of the 2004 Code]
This article shall be known as the "City of Amery Commercial
Property Exterior Maintenance Code."
A.
This article is adopted for the purpose of preserving and promoting
the public health, safety, comfort, convenience, prosperity, and general
welfare of the people of the City and environs. This includes, among
others, physical, aesthetic and monetary values.
B.
It is recognized that there may now be or may, in the future, be
commercial buildings, structures, yards, or vacant areas and combinations
thereof which are so dilapidated, unsafe, dangerous, unhygienic, or
inadequately maintained so as to constitute a menace to the health,
safety, and general welfare of the people. The establishment and enforcement
of minimum commercial property maintenance standards is necessary
to preserve and promote the private and public interest.
A.
Rules. In the construction of this article, the rules and definitions
contained in this section shall be observed and applied except when
the context clearly indicates otherwise:
(1)
Words used in the present tense shall include the future.
(2)
Words used in the singular number shall include the plural number,
and the plural the singular.
(3)
The word "shall" is mandatory and not discretionary.
(4)
The word "may" is permissive.
(5)
The phrase "used for" shall include the phrases "arranged for," "designed
for," "intended for," "maintained for," and "occupied for."
A.
Purpose. The purpose of this section is to recognize the private
and public benefits resulting from the safe, sanitary, and attractive
maintenance of commercial buildings, structures, yards, or vacant
areas. Attractive and well-maintained property will enhance the neighborhood
and City and provide a suitable environment for increasing physical
and monetary values.
B.
Minimum requirements. Every owner or operator shall improve and maintain
all property under their control to comply with the following minimum
requirements:
(1)
Drainage. All courts, yards, or other areas on the premises shall
be properly graded to divert water away from any building or structure.
(2)
Weeds. All exterior property areas shall be kept free from noxious
weeds as required by this Code of Ordinances. Where weed cutting is
required, the Weed Commissioner shall perform said weed cutting and
process the charge therefor as a special charge against the benefitted
property.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
Debris. All exterior property areas shall be properly maintained
in a clean and sanitary condition free from debris, rubbish or garbage,
physical hazards, rodent harborage and infestation, and animal feces.
All animal feces shall be removed within 24 hours.
(4)
Fences, walks, and parking areas. Fences, other minor construction,
walks, driveways, parking areas, and similar paved areas shall be
properly maintained in a safe, sanitary, and substantial condition.
Approved walks shall provide all-weather access to buildings or structures.
(5)
Exterior surfaces. Exterior surfaces of buildings and structures
not inherently resistant to deterioration shall be treated with a
protective coating of paint or other suitable preservative which will
provide adequate resistance to weathering and maintain an attractive
appearance. Any exterior surface treated with paint or other preservative
shall be maintained so as to prevent chipping, cracking or other deterioration
of the exterior surface or the surface treatment and to present an
attractive appearance. All paint or other preservative shall be applied
in a workmanlike fashion.
(6)
Yard areas. Yard areas of real estate shall not be permitted to deteriorate
or remain in a condition that is not in accord with the following:
yard areas shall be kept in a clean and sanitary condition, free from
any accumulation of combustible or noncombustible materials (which
are not used as an integral part of the authorized business carried
out on the premises), debris, or refuse. Unless in a properly zoned
district and screened by a visual barrier at least five feet high,
yards shall not be used to store appliances, furnaces, hot water heaters,
water softeners, or building material not used within five days, or
any unsightly bulk items, unless these items are raw materials used
in the business carried out on the premises.
(7)
General requirements. Every foundation, exterior wall, and roof shall
be reasonably weathertight, watertight, and rodentproof and shall
be kept in proper repair and shall be capable of affording privacy.
Any hazardous sagging or bulging shall be properly repaired to a level
or plumb position. All chimneys and breaching shall be so constructed
and maintained so as to ensure that it safely and properly removes
the products of combustion from the building.
(8)
Windows and doors. Every window, exterior door, and basement hatchway
shall be reasonably weathertight, watertight, and rodentproof and
kept in proper repair. All door and window hardware shall be installed
and maintained in proper working condition.
(9)
Outside stairs and porches. Every outside stair, every porch, and
every appurtenance thereto shall be so constructed as to be safe to
use and capable of supporting the load that normal use may cause to
be placed thereon, and shall be kept in proper condition and repair
and shall present an attractive appearance. All exterior stairs and
steps and every appurtenance thereto shall comply with the requirements
specified in the Wisconsin Administrative Code.
(10)
Removal of debris.
(a)
No person shall dispose of rocks, trees, stumps, waste building
material, or other debris from land development, building construction,
street grading, or installation of underground utilities upon the
surface of any land in the City, except at approved disposal sites.
(b)
No landowner shall allow an accumulation of rocks, trees, stumps,
waste building material or other debris from land development, building
construction, street grading, or installation of underground utilities
upon the surface of his/her land for a period of more than 10 days.
(c)
All land filling operations shall be leveled off to permit the
mowing of the weeds between June 1 and November 1. This includes the
removal of stones, bottles, wire, and other debris that will interfere
with mowing operations.
Every owner, operator, or occupant of a commercial property,
or part thereof, shall maintain that portion of the exterior of the
property controlled by him.
Whenever the Building Inspector determines that there are reasonable grounds to believe that there has been a violation of any provision of this article or of any rule or regulation adopted pursuant thereto, he/she shall give notice of such alleged violation to the person or persons responsible therefor and commence an enforcement action pursuant to § 258-10.
