A. 
Rules of interpretation:
1. 
Tense. Words used in the present tense shall be interpreted to include the future tense.
2. 
Gender. Words used stating or implying gender shall be interpreted to include the masculine, feminine and neuter.
3. 
Number. Words used implying the singular shall be interpreted to include the plural, where appropriate, and vice versa.
4. 
May and shall.
a. 
The word "may" is permissive.
b. 
The word "shall" is mandatory and not directory.
5. 
Used for. The phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for," and "arranged for."
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ACCESSORY BUILDING/STRUCTURE
A detached building or structure on the same lot, with and of a nature customarily incidental and subordinate to the principal building or structure or use of the land; i.e., a child's playhouse, garden house, greenhouse, garage, carport, shed, fence, or retaining wall.
BUILDING
Any structure used or intended for supporting or sheltering any use or occupancy. For multiunit structures, each nonresidential unit is deemed a separate building, subject to this chapter; in multiunit structures, individual residential units are to be considered a part of the larger building that encompasses the other residential units.
CODE OF ORDINANCES
The Code of Ordinances for the City of Onalaska, Wisconsin, which includes the Vacant Building Code.
CODE OFFICIAL
Those individuals as set forth in the City of Onalaska Property Maintenance Code Section 12.01.16A.
DEPARTMENT
The Planning and/or Inspection Departments of the City of Onalaska, Wisconsin.
EXTERIOR PREMISES
The open space on the premises or the portion of the premises upon which there is not a structure.
GARBAGE
The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
GOOD REPAIR
Free from blighting and hazardous conditions, clean and sanitary, in a safe condition and meeting applicable building codes.
IMMINENT HAZARD
A condition which could cause serious or life-threatening injury or death at any time.
MIXED OCCUPANCY
Occupancy of a structure in part for residential use and in part for some other lawful use under the Unified Development Code, not accessory thereto.
OCCUPIED
A building is occupied when it is open to the public, when a business or manufacturing activity is performed therein, when people reside therein, or when any personal property is moved therein. Any building or structure shall be deemed to be occupied if one or more persons actually conducts a lawful business or resides in all or any part of the building as the licensed business occupant, or as the legal or equitable owner/occupant(s) or tenant(s) on a permanent, nontransient basis, or any combination of the same. For purposes of this chapter, evidence offered to prove that a building is so occupied may include, but shall not be limited to, the regular receipt of delivery of regular mail through the U.S. Postal Service; proof of continual cable television or internet service, electric, gas, heating, water and sewer.
OWNER
Every person, partnership, limited partnership, corporation, service corporation, limited liability company or partnership, or other legally recognized entity or association who, alone or jointly or severally with others:
1. 
Has the legal title to a building or structure.
2. 
Has legal right or obligation to the care, charge, or control of any building or structure in any capacity, including, but not limited to, agent; executor, administrator, trustee, guardian, or personal representative of the estate of the holder of legal title; or an agent, trustee, receiver or other person appointed by court order with authority to have possession or control of the building or structure.
3. 
Is a mortgagee, where either:
a. 
The mortgagee has obtained a judgment of foreclosure against the mortgagor with regard to the premises containing the vacant building or structure;
b. 
The mortgage or note secured by the mortgage contains a provision authorizing the mortgagee to act to secure or repair the property of the mortgagor, and the mortgagor no longer maintains the vacant building or structure.
4. 
Is a land contract vendor, where either:
a. 
The land contract vendor has obtained a judgment of foreclosure against the land contract vendee with regard to the premises containing the vacant Building or Structure; or
b. 
The land contract contains a provision authorizing the land contract vendor to act to secure or repair the property of the vendee, and the vendee no longer maintains the Vacant Building or Structure.
5. 
"Owner" does not include any real estate licensee providing brokerage services in accordance with Ch. 452, Wis. Stats.
PARTIALLY VACANT
A multistoried building or structure that has one or more stories or suites vacant.
RESPONSIBLE PERSON
A natural person who is the owner, operator or manager of any structure or premises.
RUBBISH
Combustible and noncombustible waste materials, except garbage. 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 trimmings, tin cans, metals, mineral matter, glass, crockery, and dust and other similar materials.
SECURED
A building that has a permanent door or window in each appropriate building opening that is secured to prevent unauthorized entry and has all of its door and window components, including frames, jambs, rails, stiles, muntins, mullions, panels, sashes, lights and panels intact and unbroken.
STRUCTURE
Anything constructed or erected, which requires location on the ground or attached to something having location on the ground.
UNIFIED DEVELOPMENT CODE (UDC)
The Unified Development Code for the City of Onalaska.
VACANT
A building or structure shall be deemed to be vacant if no person or persons currently conduct a lawfully licensed business, or lawfully reside or live in any part of the building as the legal or equitable owner(s), tenant occupant(s), owner occupants or tenant(s) on a permanent, nontransient basis. Vacant status is determined from a totality of circumstances. For purposes of this chapter only, rebuttable evidence of vacancy includes, but is not be limited to, low or no utility usage, lack of customary furnishing consistent with occupancy, accumulation of newspapers or fliers, and fixtures or window coverings which are not secured.
WASTE
Garbage, ashes, rubbish and trash, but not of an earthly or construction nature.
WEEDS
Those weeds as set forth in § 23.235, Wis. Stats.
C. 
Terms defined elsewhere. Where terms are not defined in this chapter and are defined in other City ordinances, codes or ASHRAE and NFPA 70, such terms shall have the meanings ascribed to them therein.
D. 
Terms not defined. Where terms are not defined herein or through the methods of interpretation authorized by this section, such terms shall have ordinarily accepted meanings such as the context indicates.
A. 
General. The provisions of this Vacant Building Code shall apply to all residential single- and two-family dwellings vacant for 180 consecutive days and all manufacturing, commercial, institutional, multifamily residential and mixed occupancy buildings vacant for 365 consecutive days. Upon application to the Planning Department, an exemption from the provisions of this code may be granted for a period of up to 365 days for residential and two years for all other property types. In the event an exemption is granted, the premises must be maintained in a clean and sanitary condition with grass/weeds cut and snow removed and the building maintained in good condition during the exemption period consistent with Code of Ordinances. The exemption may be revoked for a failure of the applicant to maintain the Building or the premises associated with the building free from violation of law. Any one of the following circumstances may be a basis for an exemption from the provisions of this chapter:
1. 
A building under active construction, rehabilitation, renovation or repair for which a building permit has been obtained.
2. 
A building with a raze permit or with a raze order pending from the City of Onalaska.
3. 
A building whose owner is actively seeking in good faith to rent or sell the building, which good faith is supported by evidence to the reasonable satisfaction of the Planning Department of such activity.
B. 
Conflict. In any case where a provision of this chapter is found to be in conflict with a provision of the UDC or any other provisions of the Code of Ordinances, the provision which established the higher standard for the protection of the public health, safety and welfare shall prevail.
C. 
Application of other ordinances. Nothing contained herein shall be deemed to authorize the use of a structure or premises contrary to any other provision of the Code of Ordinances or the UDC. Repairs, additions or alterations to a structure shall be done in accordance with the procedures and provisions of state law, Title 15 of the Code of Ordinances, and NFPA 70. Nothing in this Vacant Building Code shall be construed to cancel, modify or set aside any provision of the UDC.
D. 
Existing remedies. The provisions in this chapter shall not be construed to abolish or impair existing remedies of the City, or its officers or agencies, under state laws or other City ordinances or UDC, relating to the removal or demolition of any structure which is dangerous, unsafe and unsanitary, or the abatement of public nuisances.
E. 
Historic buildings. The provisions of this chapter shall apply to structures designated by the federal government, state or City as historic buildings. Any work to said structures shall also comply with the UDC and § 101.121, Wis. Stats.
F. 
Referenced statutes, ordinances, codes and standards. The statutes, ordinances, codes and standards referenced in this chapter shall be incorporated herein by reference and be a part of the requirements of this chapter to the prescribed extent of each such reference, and include amendments, renumbering and successor acts.
G. 
Requirements not covered by this chapter. The requirements necessary for the strength, stability, or proper operation of an existing structure or equipment, or for the public safety, health and general welfare not specifically covered by this chapter shall be determined by the Code Official, subject to a right of appeal to the Board of Zoning Appeals.
A. 
If any provision of this chapter is, for any reason, held to be unconstitutional, invalid or unenforceable by any court of competent jurisdiction, such judgment shall not affect the validity of the remaining provisions of this code, which shall remain in full force and effect.
B. 
If the application of any provision of this chapter is for any reason held to be an invalid application to a particular premises or structure by any court of competent jurisdiction, such provision shall continue to apply and remain in full force and effect to any premises or structure not specifically included in said judgment.