Village of Somers, WI Property Maintenance

General.

Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this Ordinance, have the meanings stated in this Section.

Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural; and the plural includes the singular, except where the context indicates another interpretation.

Terms Defined Elsewhere. Where terms are not defined in this Ordinance and are defined in other Village ordinances, state law, codes, ASHRAE, NFPA, NEC, or IBC, including but not limited to those provisions which are adopted in § 14.07 of this Code of Ordinances, such terms shall have the meanings ascribed to them therein.

[Amended 10-11-2023 by Ord. No. 2023-033]

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 as the context indicates.

Parts. Whenever the words structure, accessory structure, dwelling unit, dwelling, premises, building, lodging house, or lodging room, are stated in this Ordinance, they shall be construed as though they were followed by the words "or any part thereof".

Shall. The word "shall" is mandatory and not discretionary.

May. The word "may" is permissive.

Phrases. The phrase "used for" shall include the phrases "arranged for", "designed for", "intended for", "maintained for", and "occupied for".

Other Terms. Terms defined in other sections of this Ordinance shall have the meaning stated therein.

General Definitions.

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, e.g., a child's playhouse, garden house, greenhouse, garage, carport, shed, fence, or retaining wall.

APPROVED — Approved by the Building Inspector under the provisions of this Ordinance or approved by an authority designated by State law or this Ordinance.

ATTRACTIVE APPEARANCE — An appearance which is in accordance with generally accepted professional practices for new construction within the Village and which is not likely to adversely affect the values of the property in issue or of abutting or neighborhood properties.

BASEMENT — That portion of a building which is partly or completely below grade.

BATHROOM — A room containing plumbing fixtures including a bathtub or shower.

BEDROOM — A room or space used or intended to be used for sleeping purposes.

BUILDING — A combination of material to form a construction that is safe, stable, and adapted to permanent or continuous occupancy in accordance with the State law, the Village Zoning Ordinances, and the Code of General Ordinances.

BUILDING INSPECTOR — The Village of Somers Building Inspector or any duly authorized designee of the Building Inspector.

CODE OF GENERAL ORDINANCES — Village of Somers Code of General Ordinances.

COMMERCIAL — Arranged, designed, used or intended to be used for nonresidential occupancy.

(11)

CONDEMN — To adjudge unfit for any occupancy.

(12)

DWELLING — A place of abode, a residence, a house or multiple dwelling units for use by one or more persons, including lodging houses, but excluding hotels, motels, and tourist rooming houses.

(13)

DWELLING UNIT — A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

(14)

EFFECTIVELY SCREENED — The use of any acceptable screening materials that comply with the requirements of the Village Zoning Ordinances and the Code of General Ordinances and which results in a screening that is at least 75% opaque.

(15)

EFFICIENCY DWELLING UNIT — A dwelling unit with separate bathroom and kitchen facilities. Separate bedroom is optional.

(16)

EGRESS WINDOW — Shall have the meaning provided in § SPS 321.03 of the Wisconsin Administrative Code.

[Amended 7-13-2021 by Ord. No. 2021-021]

(17)

EXTERIOR PREMISES — The open space on the premises or the portion of the premises upon which there is no structure.

(18)

EXTERIOR STORAGE — Storage of raw materials, equipment parts, bulk commodities, or any other items or materials used in business carried out on the premises.

(19)

EXTERMINATION — The control and elimination of insects, rats, vermin or other pests by controlling their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods.

(20)

GARBAGE — The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.

(21)

GOOD REPAIR — Free from blighting and hazardous conditions, clean and sanitary, and in a safe condition.

(22)

GOOD WORKING CONDITION — Capable of performing the task for which it was designed and in the manner intended by this Ordinance.

(23)

HABITABLE SPACE — Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.

(24)

IMMINENT HAZARD — A condition which could cause serious or life threatening injury or death at any time.

(25)

IMPERVIOUS TO WATER — Constructed of concrete, cement block, terrazzo, brick, tile or other material having tight-fitting joints prohibiting the movement of water and approved by the Building Inspector.

(26)

INFESTATION — The presence within or contiguous to a structure or upon premises, of insects, rats, vermin or other pests detrimental to human health.

(27)

LABELED — Devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above labeled items and by whose label the manufacturer attests to compliance with applicable nationally recognized standards.

(28)

LET FOR OCCUPANCY OR LET — To permit, provide, or offer possession or occupancy of a dwelling, dwelling unit, premise, or structure to a person who is or is not the legal owner of record thereof, pursuant to a written lease, or unwritten agreement or license.

(29)

LODGING HOUSE — A dwelling containing three or more lodging rooms.

(30)

LODGING ROOM — A room, excluding hotel rooms, within a lodging house let and used primarily for the sleeping and living purposes of one person, which room may exclude cooking facilities and sanitary facilities.

(31)

MIXED OCCUPANCY — Occupancy of a structure in part for residential use and in part for some other lawful use not accessory thereto within the meaning of the Village Zoning Ordinances.

(32)

MOTOR VEHICLE(S) — "Motor Vehicle(s)" shall include mobile home, moped, motor bicycle, motorbus, motorcycle, motor-driven cycle, motor home, motor truck and motor vehicle as defined in Chapter 340 of the Wisconsin Statutes.

(33)

NONRESIDENTIAL — Arranged, designed, used or intended to be used for occupancy which is not residential in nature.

(34)

NUISANCE BOAT(S) OR RECREATIONAL VEHICLE(S) — Any inoperable, unlicensed, unwaterworthy boat or recreational vehicle.

(35)

NUISANCE MOTOR VEHICLE(S) — Any inoperable, unlicensed, unroadworthy, disassembled or wrecked motor vehicle. A vehicle for which a license has been applied for shall be deemed a licensed vehicle if proof of application is prominently displayed on the front windshield.

(36)

OCCUPANCY — The use of a structure or premises.

(37)

OCCUPANT — Any individual having lawful occupancy, living, or sleeping or working in a structure or having or exercising possession of a space within a structure, whether or not a tenant.

(38)

OPENABLE AREA — That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.

(39)

OPERATOR — Any person, other than the owner, who has charge, care and control of a structure or premises, including maintenance responsibility, which is let or offered for occupancy.

(40)

OWNER — Any person having title to the premises as recorded in the Office of the Register of Deeds for Kenosha County, or as recorded in the Village of Somers assessment rolls.

(41)

PERSON — Any natural person, firm, partnership, corporation, or legal entity.

(42)

PREMISES — Any lot whether or not improved with a principal or accessory building. When a lot is improved with a structure, the lot and premises shall be jointly referred to as premises.

(43)

PROVIDED — Furnished, supplied, paid for or under control of the responsible person.

(44)

PUBLIC NUISANCE — Any unreasonable activity or use of premises that interferes substantially with the comfortable enjoyment of life, health and safety of another or others.

(45)

RESIDENTIAL — Arranged, designed, used or intended to be used for residential occupancy.

(46)

RESPONSIBLE PERSON — The owner, operator or manager of any structure or premises.

(47)

RODENT HARBORAGE — A place of shelter for rodents, e.g., piles of rubbish, inoperable motor vehicles, garbage.

(48)

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.

(49)

SCREENING — A hedge, wall or fence to provide a visual separation and a physical barrier not less than three feet in height, nor more than six feet in height, unless otherwise provided for in the Code of General Ordinances or the Village Zoning Ordinances.

(50)

SMOKE DETECTOR — A device which detects particles or products of combustion other than heat.

(51)

STATE LAWS — The laws, rules and regulations of the State of Wisconsin.

(52)

STRUCTURE — Any existing principal building, whether or not inhabited or inhabitable, and any existing accessory building, such as a garage, which is not inhabited or inhabitable. Structure may also be included within the meaning of premises as indicated by the context.

(53)

TENANT — A person occupying a premises under a written lease, rental agreement or license, or recognized under State law as having a month-to-month tenancy.

(54)

TOILET ROOM — A room containing a water closet or urinal, but not a bathtub or shower.

(55)

VENTILATION — The natural or mechanical process of supplying conditioned or non-conditioned air to, or removing such air from, any space.

(56)

WASTE — "Waste" shall mean and include garbage, ashes, rubbish and trash, but not of an earthly or construction nature.

(57)

WEEDS — "Weeds" or "Noxious Weeds" shall mean Canada Thistle, leafy spurge, field bindweed (Creeping Jenny), Ambrosia trifida (commonly called Giant Ragweed), Arubuoisia artemeslifla (commonly called Common Ragweed), and such other weeds as are defined in "Weeds of the North Central States, North Central Regional Research Publication No. 281, Bulletin 772", published by the University of Illinois at Urbana-Champaign, College of Agriculture, Agricultural Experiment Station.

(58)

WORKMANLIKE — Work executed in a skilled manner, e.g., generally plumb, level, square, in line, undamaged, without marring adjacent work in accordance with generally accepted professional procedures and construction standards.

(59)

YARD — An open space on a lot improved with a structure.

(60)

ZONING ORDINANCE — Kenosha County zoning ordinance.

§ 21.03 GENERAL.

Scope. The provisions of this Ordinance shall apply to all existing residential and nonresidential structures and all premises and shall constitute minimum requirements and standards for premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; determine the responsibility of owners, operators, and occupants; regulate the occupancy of existing structures and premises, provide for the administration and enforcement of this Ordinance; and provide for penalties for conviction of violation of this Ordinance.

Intent. This Ordinance shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the occupancy and maintenance of structures and premises. The establishment and enforcement of minimum residential and nonresidential property maintenance standards is necessary to preserve and promote the public interest and protect private property. This includes, among others, the protection of physical, aesthetic and monetary values. Existing structures and premises that do not comply with these provisions shall be altered or repaired by the responsible person to provide compliance with this Ordinance.

Severability.

If any provision of this Ordinance is 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 Ordinance, which shall remain in full force and effect.

If the application of any provision of this Ordinance is 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.

§ 21.04 APPLICABILITY.

General. The provisions of this Ordinance shall apply to all matters affecting or relating to existing structures and to premises as set forth herein. Where, in a specific case, different sections of this Ordinance specify different requirements, the most restrictive shall govern. The provisions of this Ordinance shall not apply to the construction of new structures, which are subject to other State laws, Kenosha County and Village Ordinances.

Conflict. In any case where a provision of this Ordinance is found to be in conflict with a provision of State law, the Village Zoning Ordinances or the Code of General Ordinances, the provision which established the higher standard for the protection of the public health, safety and welfare shall prevail.

Responsibility for Maintenance. Except as otherwise specified herein, each responsible person or tenant where relevant, as designated herein, shall be responsible for the maintenance of structures and premises under this Ordinance and shall be subject to penalty for conviction of any violation of this Ordinance.

Prior Regulations. Equipment, systems, devices and safeguards required by previous State laws, Zoning Ordinances or Code of General Ordinances under which the structure was constructed, altered or repaired or premises developed, shall be maintained in good repair and in good working order. The requirements of this Ordinance are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in good repair and in good working order in structures.

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 General Ordinances or the zoning ordinance. Repairs, additions or alterations to a structure, shall be done in accordance with the procedures and provisions of State laws, Zoning Ordinances, and the Code of General Ordinances. Nothing in this Ordinance shall be construed to cancel, modify or set aside any provision of the Zoning Ordinances.

Existing Remedies. The provisions in this Ordinances shall not be construed to abolish or impair existing remedies of the Village or its officers or agencies under State laws or the Code of General Ordinances relating to the removal or demolition of any structure which is dangerous, unsafe and unsanitary or the abatement of public nuisances.

Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this Ordinance shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's installation instructions.

Historic Buildings. The provisions of this ordinance shall apply to structures designated by the federal government or the state as historic buildings. Any work to said structures shall also comply with Ch. SPS 370 of the Wisconsin Administrative Code.

[Amended 7-13-2021 by Ord. No. 2021-022]

(I)

Referenced Statutes, Ordinances, Codes and Standards. The State laws, Ordinances, codes and standards referenced in this Ordinance shall be incorporated herein by reference and be a part of the requirements of this Ordinance to the prescribed extent of each such reference and include amendments, renumbering and successor acts.

(J)

Requirements Not Covered By This Ordinance. 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 Ordinance, shall be determined by the Building Inspector.

§ 21.05 POWERS AND DUTIES OF BUILDING INSPECTOR.

General. The Building Inspector shall administer and enforce this Ordinance.

Inspections. The Building Inspector has the power to inspect premises and structures to determine compliance with this Ordinance. All reports of such inspections shall be in writing, signed or initialed and dated. The Building Inspector is authorized after review with the Village Administrator to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise in the course of his/her duties.

Right Of Entry. The Building Inspector is authorized to enter structures or premises, at reasonable times, with the express or implied consent of the owner, operator or occupant, to conduct administrative interior and exterior inspections for Ordinance administration and enforcement and for purposes specified in the Code of General Ordinances. If entry is refused or not obtained, the Building Inspector is authorized to pursue recourse to obtain entry as provided by law.

Obstruction. No owner, or operator of a premises may deny the Building Inspector the right to enter and inspect any portion thereof under the control of a lawful occupant where such occupant has consented to said entry and inspection.

Denial of Entrance. No occupant of a premises shall obstruct the owner thereof from complying with any order(s) of the Building Inspector made under authority of this Ordinance. Obstruction shall include the denial of entrance into a premises at reasonable times pursuant to reasonable notice.

Identification. The Building Inspector shall carry identification when entering and inspecting premises in the performance of the duties under this Ordinance and display such identification, when asked.

Notices and Orders. The Building Inspector shall, as necessary, issue notices and orders to responsible persons and tenants, where relevant, to obtain compliance with this Ordinance.

Records. The Building Inspector is responsible for keeping official records of all business and activities specified in the provisions of this Ordinance in accordance with State and Village record keeping requirements.

§ 21.06 APPROVAL OF ALTERNATIVE MATERIALS, METHODS AND EQUIPMENT.

Modifications. Whenever there are practical difficulties involved in achieving strict compliance with the provisions of this Ordinance, the Building Inspector shall have the authority to grant modifications for individual cases, provided the Building Inspector shall first find that special individual reason makes enforcement of the strict letter of this Ordinance impractical and the modification will be in compliance with the intent and purpose of this Ordinance and that such modification does not lessen health, life and fire safety protections. The details of action granting such modifications shall be recorded and entered in the Village records.

Alternative Materials, Methods and Equipment. The provisions of this Ordinance are not intended to prevent the installation of any material or to prohibit any method of construction or equipment not specifically prescribed by this Ordinance, provided that any such alternative has been approved as hereinafter provided. An alternative material or method of construction or equipment shall be approved where the Building Inspector finds that the proposed alternative complies with the intent of the provisions of this Ordinance, and that the material, method, or equipment proposed is, for the purpose intended, at least the equivalent of that prescribed in this Ordinance in quality, strength, effectiveness, fire resistance, durability and safety.

Required Testing. Whenever there is insufficient evidence of compliance with the provisions of this Ordinance, or evidence that a material, method or equipment does not conform to the requirements of this Ordinance, or in order to substantiate claims of suitability for alternative materials, methods, or equipment, the Building Inspector shall have the authority to require tests to be made by the owner or contractor at no expense to the Village to determine compliance with this Ordinance.

§ 21.07 VIOLATIONS.

Violations. It shall be a violation of this Ordinance for any responsible person or tenant, where relevant, to fail to timely comply with any of the provisions of this Ordinance.

Notice of Violation. The Building Inspector shall serve a notice of violation and order to repair in accordance with this Ordinance.

Prosecution of Violation. If the order to repair is not complied with in a timely manner, the Building Inspector shall initiate the appropriate proceeding at law or in equity to restrain, correct or abate such violation, and to require the removal or termination of the unlawful occupancy of the premises.

§ 21.08 NOTICES AND ORDERS.

Notice of Violation and Order To Repair. Whenever the Building Inspector determines that there has been a violation of this Ordinance, notice shall be given to the responsible person or tenant, where applicable, in the manner and form prescribed in this Ordinance.

Form. Such notice and order shall:

Be in writing.

Include a statement of the violation with reference to the applicable provision(s) of this Ordinance.

Contain an order to repair and allow a reasonable date certain for the violation to be corrected.

Method of Service. Such notice and order shall be deemed to be properly served if a copy is:

Personally served in the manner provided for in the State Statutes for service of process; or,

Sent by certified mail addressed to the last known address; or,

Sent by U.S. first class mail, postage prepaid, addressed to the last known address; and,

Posted in a conspicuous place on or about the main entrance to the structure, where there is a structure.

§ 21.09 UNSAFE, UNFIT FOR OCCUPANCY, UNLAWFULLY OCCUPIED AND VACANT SUBSTANDARD STRUCTURES AND UNSAFE EQUIPMENT SUBJECT TO CLOSING AS A PUBLIC NUISANCE.

Recurring Violations. Whenever there has been a notice of violation and order issued to the responsible person or tenant, where relevant, for a violation of this Ordinance, no further notice and order shall be necessary for any reoccurrence of the same or similar violation prior to the commencement of any forfeiture action or prior to seeking an injunction in a court of record.

Definitions. The following words and phrases shall have the following meaning:

UNSAFE STRUCTURE — A structure that endangers safety for reasons that it is in imminent danger of failure or collapse, or a part of it has failed or collapsed, or it is in a condition of decay or dilapidation, or it has the presence of explosives, explosive fumes or vapors, toxic fumes, gases or materials, or it is the subject of the operation of equipment causing or contributing to an unsafe condition.

STRUCTURE UNFIT FOR OCCUPANCY — A structure which is an unsafe structure; or, a structure which is unfit for habitation, occupancy or use because of the degree to which the structure is dilapidated, in disrepair or lacks maintenance; or, a structure which is unsanitary, vermin or rat infested, contains filth and contamination; or a structure which lacks ventilation, illumination, sanitary or heating facilities, or other essential equipment required by this Ordinance and the Code of General Ordinances.

UNSAFE EQUIPMENT — Any equipment within the structure or servicing the structure which is in such disrepair or condition that such equipment is unsafe for operation and use.

UNLAWFUL STRUCTURE — A structure in whole, or in part, occupied by more persons than permitted under this Ordinance, or a structure which is erected, altered or occupied contrary to State law, or the Code of General Ordinances.

VACANT SUBSTANDARD STRUCTURE — A vacant structure that has been damaged by fire, water, wind, animals, or vandalized and/or entered and inhabited and unfit for habitation or occupancy.

ENDANGER(S) SAFETY — To threaten to or to injure or damage any person or property, or the life, health and safety of any person.

EQUIPMENT — All piping, ducts, vents, control devices and other components of systems that are permanently installed and integrated in the structure to provide control of environmental conditions, plumbing, electrical and heating systems, and other systems specifically regulated in this Ordinance. Equipment does not include appliances.

CLOSE/CLOSED/CLOSING — To vacate, cease operation or use, and/or secure.

EMERGENCY MEASURES — To vacate, secure or temporarily repair a structure or close public streets, sidewalks, ways and places due to a public nuisance which imminently endangers safety.

OPEN AND ACCESSIBLE STRUCTURE — A structure which has no barrier to unlawful entry.

Public Nuisance. When any structure is found by the Building Inspector to be unsafe or unfit for occupancy, unlawful, or vacant substandard, such structure is deemed a public nuisance which may be closed to habitation, occupancy and use pursuant to the provisions of this Ordinance. When equipment is found by the Building Inspector to be unsafe for operation and use, such unsafe equipment is deemed a public nuisance which may cause the building to be closed to use pursuant to the provisions of this Ordinance.

Prohibition. No person or party may maintain or permit a structure or equipment to be a public nuisance within the Village.

Securing An Open and Accessible Structure. An open and accessible structure which endangers safety is deemed a public nuisance. The responsible person shall, upon written or verbal notice from the Building Inspector secure an open and accessible structure in accordance with the standards for securing structures set forth in this Ordinance.

§ 21.10 STANDARDS FOR SECURING STRUCTURES.

Boarding. Any vacant or inhabited structure deemed a public nuisance under this Ordinance and requiring securing shall be secured as follows:

At least one door boarded and secured at the grade level shall be maintained with locks and hinges to permit entry for inspection purposes.

All doors and windows on ground level and those doors and windows accessible to grade by stairs or permanently fixed ladders within 10 feet of grade shall be boarded and secured.

Boards shall be cut to fit door and window openings, and screws at least two inches in length shall be used to fasten boards to the structure. One-half inch or 3/4 inch wood or plywood shall be used.

The boarded material shall be painted to match the trim or siding color of the structure or be painted flat white.

Alternate methods of boarding may be permitted upon written approval by the Building Inspector.

Fencing. When any structure has been damaged by fire, water, illegal entry, or other cause; when hazardous or dangerous conditions exist; and, when such structure cannot be secured by conventional locking or boarding up windows and doors, such structure shall be fenced off so as to prevent access and entry to the structure and the area immediately surrounding the structure within 24 hours of the damage.

Prohibition. No person or party shall board or fence a structure contrary to the standards contained in this Ordinance.

Special Assessments. In the event the responsible person fails to comply with an order of the Building Inspector to secure the structure in accordance with the standards for securing structures set forth in this Ordinance, the Building Inspector shall have the structure properly secured. Costs incurred in securing the structure shall be paid by the Village and the Building Inspector shall recover such costs through special assessments levied against the benefitted property. A $100 administrative fee for processing and administering the special assessment shall be added to the special assessment against the benefitted property.

§ 21.11 EMERGENCY MEASURES.

Emergency Closing of a Structure. When, in the opinion of the Building Inspector, a structure or unsafe equipment is a public nuisance under this Ordinance, and there is imminent danger of failure or collapse of a structure, or a part of any structure has fallen and the occupation of the remaining structure will endanger safety, or there is actual or potential danger to the occupants, users or those in the proximity of any structure, the Building Inspector is authorized and empowered to order and require the responsible person to close the structure forthwith. The Building Inspector shall, in such event, cause such structure to be placarded at each entrance with a placard bearing the words: "Unfit For Habitation/Occupancy".

In the event the Building Inspector has required a structure to be closed, it shall be unlawful for any person to enter, inhabit, occupy or use such structure, except for the purpose of securing the structure, making the required repairs, removing the hazardous condition, demolishing the structure, or otherwise securing compliance with an order of the Building Inspector.

Emergency Securing and Repairs. Notwithstanding any other provisions of this Ordinance, in the event the Building Inspector has required the emergency closing of a structure, or identified an open and accessible structure which endangers safety, the Building Inspector may cause the securing of the structure to render such structure temporarily safe, whether or not the procedure described in this Ordinance for providing notices and orders has been instituted and shall cause such other reasonable action to be taken as the Building Inspector deems necessary to meet such emergency. The Building Inspector may also employ the necessary labor and materials to perform or cause to be performed emergency repairs as expeditiously as possible.

§ 21.12 RAZING OR REMOVING STRUCTURES.

[Amended 10-11-2023 by Ord. No. 2023-034]

Definitions. The following words and phrases shall have the following meaning:

STRUCTURE — Includes any portion of a structure.

RAZE THE STRUCTURE — To demolish or remove the structure and to restore the site to a dust-free and erosion-free condition.

CONDEMN — The process of issuing a raze order and razing a structure.

ADMINISTRATION AND ENFORCEMENT — The Building Inspector is authorized to administer and enforce § 66.0413 of the Wisconsin Statutes, entitled "Razing Buildings," which is incorporated herein by reference as if fully set forth herein, and any successor statutes.

RAZE ORDER —

The Building Inspector may issue a raze order:

If a structure is old, dilapidated, or out of repair and consequently dangerous, unsafe, unsanitary, or otherwise unfit for human habitation and unreasonable to repair, order the owner of the structure to raze the structure; or, if the structure can be made safe by reasonable repairs, order the owner to either make the structure safe and sanitary, or to raze the structure at the owner's option.

If there has been a cessation of normal construction of a structure for a period of more than two years, order the owner of the structure to raze the structure.

The raze order shall identify:

The basis for the raze order.

The time for compliance.

SERVICE OF ORDER — A raze order shall be considered served on the owner of record of the structure that is subject to the order, or on the owner's agent if the agent is in charge of the structure, in the same manner as a summons is served in circuit court. A raze order shall be served on the holder of an encumbrance of record by first class mail at the holder's last known address and by publication as a Class 1 notice under Chapter 985 of the Wisconsin Statutes. If the owner or owner's agent cannot be found, or if the owner and the owner's agent is deceased and an estate has not been opened, the raze order may be served by posting it on the main entrance of the structure and by publishing it as a Class 1 notice under Chapter 985 of the Wisconsin Statutes, before the time limited in the raze order begins to run. The time limited in the raze order begins to run from the date of service on the owner or owner's agent; or, if the owner or owner's agent cannot be found, from the date that the raze order was posted on the structure.

EFFECT OF RECORDING ORDER — If a raze order is recorded with the Kenosha County Register of Deeds, the raze order is considered to have been served as of the date the raze order is recorded on any person claiming an interest in the structure or the real estate as a result of a conveyance from the owner of record, unless the conveyance was recorded before the recording of the raze order.

FAILURE TO COMPLY WITH THE RAZE ORDER — If the owner of a structure fails or refuses to comply with the raze order within the time prescribed, the Building Inspector may proceed to post the property as unfit for human habitation, occupancy or use, secure the structure, and raze the structure or contract with a private contractor for such work.

SPECIAL ASSESSMENTS — The Building Inspector shall recover all costs to condemn and raze the structure through special assessments levied and to be collected as a delinquent tax against the real estate upon which the structure is located. Such special assessment shall be a lien upon the real estate. A $100 administrative fee for processing and administering the special assessment shall be added to the special assessment against the benefitted property.

§ 21.13 GENERAL PROPERTY MAINTENANCE REQUIREMENTS.

Scope. The provisions of this Ordinance shall govern the minimum requirements and the responsibilities of persons for maintenance of premises including existing structures, exterior premises and equipment whether occupied or vacant.

Responsibility. The responsible persons shall maintain their premises in compliance with this Ordinance. A person shall not occupy a premises, or permit another person to occupy a premises which does not comply with the requirements of this Ordinance. Occupants, including owner occupants and tenants, of a premises are responsible for caring for and maintaining that part of the premises which they occupy and control, including garages, fences, and accessory buildings. All responsible persons shall be jointly and severally responsible for securing compliance of their premises with this Ordinance.

§ 21.14 EXTERIOR PREMISES.

All exterior premises shall be maintained by the responsible person or tenant, where relevant, in accordance with this Section.

Clean, Sanitary and Reasonably Safe.

In a clean and sanitary condition, free from debris.

Free from recyclable materials.

Free from nuisance motor vehicles, nuisance boats, scrap metals, and all household furniture not designed for outdoor use.

In a condition so as not to become infested with rodents or a rodent harborage.

Free from used building materials.

Free from animal feces which were present for more than 24 hours.

Free from physical hazards.

Free from appliances, furnaces, water heaters, water softeners or building materials which are not integrated into a structure within five days of being placed on the premises.

Free from any accumulation of combustible materials which are not used as an integral part of an authorized business carried out on the premises.

Free of any raw materials, equipment parts, or bulk commodities, unless said items are a raw material used in a lawful business carried out on the premises or a final manufactured product.

(11)

Free from motor vehicle, boat or aircraft parts and tires, excluding tires used as sandboxes, swings, and playground equipment.

Unpaved Lawn Park Areas.

[Amended 8-10-2021 by Ord. No. 2021-026]

Definitions. As used in this subsection, the following terms shall have the meanings indicated:

DEVELOPED PROPERTY — Property with a structure or property wherein a permit has been issued, including any property, with or without structures, wherein curb and gutter exist.

MAINTAIN — The establishment and cutting of common turf grasses such as fescues, ryegrass and bluegrass. Cutting methods shall include, but not be limited to, lawn mower, string line trimmer or other device that provides a neat and uniform appearance. Grass cutting shall be conducted at a frequency to maintain a maximum height of four inches.

PARKWAY — The area located between the property lot line and the road shoulder or back of the curb.

PUBLIC RIGHT-OF-WAY — The paved public street or roadway and sidewalk (if any) and shall include the area between such pavement and the private property line.

(e)

UNDEVELOPED PROPERTY — Vacant property with no structures or permits issued.

Maintenance of Property Located Within Public Right-of-Way. The owner of record of developed property located within the Village shall maintain the parkway, drainage ditch, or other unpaved surface located within the public right-of-way, which abuts such property. If there is no parkway or sidewalk at a specific property, then the area from the edge of the street pavement or curb and gutter to the property lot line shall be maintained. If the owner fails to maintain the described property, the Village may, after giving at least seven calendar days' notice in writing to the owner, undertake the required maintenance and charge the cost thereof to the abutting property owner. The Village will maintain the public right-of-way of undeveloped property through its road mowing program. The planting of trees, shrubs or bushes or establishment of planters or flowerbeds within the public right-of-way is prohibited, except where permission has been granted by the Village or other authorized entity.

Noncompliance.

The Director of Public Works is hereby given authority to determine which properties are not in compliance with this chapter. The Director of Public Works shall give the owner of noncompliant property written notice that the property owner has seven days from the date of the notice within which to perform the prescribed corrections. If, at the expiration of such seven calendar days, the owner has not complied with the prescribed corrections, then the Director of Public Works may direct the Public Works Department or contract services to perform the corrective actions and notify the property owner of the same and add the cost of such corrective actions to the tax roll as a special charge if the same is not paid in full by the property owner within 30 days of receipt of an invoice from the Village.

The cost of rendering corrective actions by the Public Works Department or contract services shall include an hourly labor charge and hourly equipment charge as determined by the Village, plus an additional charge equal to 5% of the total hourly labor and equipment charge for administrative expenses incurred by the Village. Any time spent by the Public Works Department or contract services for conducting corrective actions over and above each hour shall be billed at the next hourly increment.

Grading and Drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. All courts, yards or other areas on the premises shall be properly graded to divert water away from the structure. Adjacent ground surface shall be sloped away from the structure with a grading of at least 1/2 inch per foot for a minimum of five feet where possible or by other means such as eaves, troughs and downspout extensions. Approved retention and detention basins shall be permitted to hold water in accordance with their approved design and capacity.

Grass, Weeds and Other Noxious Vegetation. All exterior premises including a lawn shall be kept free from grass, weeds and other noxious vegetation which is eight or more inches in height. All such grass, weeds and other noxious vegetation shall be destroyed by cutting. This provision shall be in effect from April 1 through October 31 of each year. Any parcel which fails to cut such vegetation will be responsible for all costs incurred by the Village to remove such vegetation and further subject to the penalties contained in § 21.24 of the Code hereafter.

[Amended 6-14-2022 by Ord. No. 2022-005]

Landscaping. Landscaping, plantings and other decorative surface treatments, including species of grass common to southeastern Wisconsin, shall be installed and maintained so as to present an attractive appearance in all yard areas. Plantings, including, but not limited to grasses, trees and shrubs shall be maintained so as not to present hazards to persons or vehicles traveling on public right-of-ways and shall be maintained so as to enhance the appearance and value of the property on which located, and thereby enhancing the appearance and value of abutting property.

Firewood Storage. Firewood, for personal use only, may be kept on residentially zoned or used property. It shall be stored in straight, orderly piles which are raised a minimum of six inches off the ground, which are not more than six feet in height, and which are not in the "front yard".

Exterior Storage. Exterior storage is subject to all required Village and Kenosha County reviews, approvals and permits. Exterior storage in business zoning districts shall be screened in accordance with requirements of a conditional use permit and the Zoning Ordinance. All required screening shall be maintained in good repair. Exterior storage is prohibited on residentially zoned or used property, unless specifically granted by conditional use permit.

Rodent Harborage. All premises shall be kept free from non-domesticated rodent harborage. Where non-domesticated rodents are found, they shall be promptly exterminated by a State approved process which will not be injurious to human health. After rodent extermination, proper precautions shall be taken to control rodent harborage and prevent reinfestation.

(I)

Exhaust Vents. Pipes, ducts, conductors, fans, blowers or other exhaust vents shall not discharge gases, steam, vapor, hot air, grease, smoke odors or other gaseous or particulate wastes directly upon public or private property or that of another tenant on the same premises.

(J)

Accessory Buildings/Structures. All accessory buildings and structures, including windows and doors which are a part thereof, shall be maintained structurally sound and in good repair.

(K)

Graffiti. The owner of any building or accessory building shall be responsible for removing all graffiti therefrom within 15 days of graffiti placement.

§ 21.145 PARKING AND STORAGE REGULATIONS IN CERTAIN ZONING DISTRICTS.

[Added 5-9-2023 by Ord. No. 2023-013; as amended 9-10-2024 by Ord. No. 2024-008]

The regulations contained in this § 21.145 shall be applied to all zoning districts except A-1 and A-2 zoning districts.

Vehicle Parking and/or Storage in a Residential District.

Semitruck cabs shall not be parked and/or stored on a parcel in any residential district for more than a total of four days in a thirty-day period. A day is counted if the semitruck cab is parked and/or stored for any length of time within in a normal twenty-four-hour day.

The following vehicles shall not be parked and/or stored on a parcel in any residential district:

Semitrailers, tow trucks, garbage trucks, septic waste trucks and aerial lift trucks.

Dump trucks, flatbed trucks, box trucks, panel trucks, high cube vans, and step vans with licenses rated for a gross weight equal to or greater than 12,000 pounds.

Specialized construction type equipment and vehicles such as, but not limited to, backhoes, bulldozers, bobcats, skid loaders, and chippers.

Exceptions.

One dump truck, flatbed truck, box truck, panel truck, high cube van, or step van with licenses rated for a gross weight less than 12,000 pounds.

One local electrical power utility emergency response truck is permitted on a parcel with approval by the Department of Planning and Development.

Vehicle Parking and/or Storage in an Agricultural or Conservation District.

The following vehicles shall not be parked and/or stored on a parcel in any agricultural or conservation district:

Tow trucks, garbage trucks, septic waste trucks and aerial lift trucks.

Dump trucks, flatbed trucks, box trucks, panel trucks, high cube vans, and step vans with licenses rated for a gross weight equal to or greater than 12,000 pounds, except when they are engaged in the production, storage, trucking and/or transport of products grown on the property.

Specialized construction type equipment and vehicles such as, but not limited to, backhoes, bulldozers, bobcats, skid loaders, and chippers, except when they are engaged in the production, storage, trucking and/or transport of products grown on the property.

The following vehicles may be parked and/or stored on a parcel in any agricultural or conservation district:

One semitruck cab and one related semitrailer is permitted to be parked and/or stored on a parcel for every resident of the parcel who is engaged in the profession of over-the-road transport, with a maximum of two. Verification of residency and profession may be required by the Department of Planning and Development.

Semitruck cabs and related semitrailer parking and/or storage are permitted on a parcel when they are engaged in the production, storage, trucking and/or transport of products grown on the property, with a maximum total of four.

No semitrailer shall be used for storage or parked for any reason for more than 30 days in a 365-day period, except as stated in Subsection (C)(2)(a) and (b) of this section.

One local electrical power utility emergency response truck is permitted on a parcel with approval by the Department of Planning and Development.

Temporary Portable Storage Containers. A temporary portable storage container (such as, but not limited to, those available from PODS or U-Haul) is a purpose-built, fully enclosed, box-like container to provide residential property owners temporary storage space for home remodeling, relocating, fire and/or water damage; and cleaning out attics, basements, garages or other attached storage areas. A temporary portable storage container is not a storage shed, roll-off container, dumpster, cargo/shipping container or the trailer portion of a tractor-trailer.

Temporary portable storage containers shall only be permitted on lots with a principal building or structure. Permit fees shall be as delineated on Schedule "A" of § 14.24.

Temporary portable storage containers shall not be used in conjunction with a home occupation or used as a principal use or principal building or structure.

All temporary portable storage containers shall display the container provider's contact information. Signs shall not contain other advertising for any other product or services.

Temporary portable storage containers shall not be inhabited.

Containers may not be placed in any road right-of-way, vision triangle, sidewalk, and landscape or drainage easement.

Due to the temporary nature of temporary portable storage containers, location in a driveway or yard may be acceptable.

Temporary portable storage containers shall be permitted on a lot for a period not to exceed 30 consecutive days within a six-month period. For extensive construction projects a written extension may be granted by Planning and Development.

Maximum cumulative size of all temporary portable storage containers on a property may not exceed 130 square feet.

Portable storage containers may not exceed a height of 8 1/2 feet. The height of such structures is measured from the lowest ground level adjacent to the structure to the top of the structure. Stacking of containers is prohibited.

Shipping containers are prohibited in all zoning districts except A-1 and A-2.

Existing shipping containers:

Are "grandfathered" until such time as the container becomes a public nuisance or safety hazard. Then, the container, upon written notice from the Village, must be removed within 90 days at owner's expense.

Cannot be replaced.

Cannot make any improvements other than paint, no additions, or alter size or shape of container. Exterior must be solid paint in a neutral color without advertising or a painted exterior that would be considered a nuisance or in conflict with similar colors of neighboring properties.

Cannot connect or attach container to any other structure, permanent or temporary.

Cannot be connected to electric, heat or plumbing.

Must be removed when land or business is sold, subdivided, combined with another parcel or when the parcel changes current zoning classification.

No commercial vehicle with a weight in excess of 8,000 pounds, or 20 feet in length, or having a height of more than eight feet, shall be parked or stored in any of the above districts, except when rendering a service.

No parking of any kind shall be allowed in the vision clearance area or vision clearance triangle of any property.

§ 21.15 EXTERIOR OF STRUCTURES.

[Amended 10-22-2024 by Ord. No. 2024-009]

The exterior of a structure shall be maintained by the responsible person in accordance with this Section.

Exterior Walls, Surfaces and Repairs. All exterior walls and surfaces, including, but not limited to, decorative features and overhang extensions, doors, door and window frames, cornices, porches and trim, shall be maintained in good repair. All exterior surfaces shall be free from decay, missing parts, serious cracking, irregularities, and peeling, flaking and chipped paint. Flaking and chipping paint, when removed, shall be collected and stored in containers and disposed of in accordance with Federal and State law. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and affected surfaces treated and repainted in a workmanlike manner. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and watertight. All surface repairs shall be completed to closely match the existing surface color and texture.

(Reserved)

Structural Members. All structural members shall be maintained structurally sound, in good repair, and be capable of safely supporting the imposed loads.

Foundation Walls. All foundation walls shall be maintained structurally sound, plumb and free from open cracks and breaks, in good repair, and shall be kept in such condition so as to prevent the entry of rodents.

Exterior Walls. All exterior walls shall be maintained structurally sound, free from holes, breaks, loose or rotting materials, in good repair, and maintained weatherproof.

Roofs and Drainage. The roof and flashing shall be maintained structurally sound, tight and not have defects that admit water. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.

Decorative Features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. Any missing parts shall be replaced with matching parts.

Overhang Extensions. All canopies, marquees, signs, metal awnings, fire escapes, standpipes, exhaust ducts and similar overhang extensions shall be maintained structurally sound and in good repair with proper anchorage.

(I)

Stairways, Decks, Porches, Ramps and Balconies. Every exterior stairway, deck, porch, ramp, and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. Any new or replacement stairways, decks, porches, ramps and balconies shall be installed in accordance with the requirements of the Code of General Ordinances and State law.

(J)

Chimneys and Towers. All chimneys, cooling towers, smokestacks and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.

(K)

Handrails and Guardrails. Every stairway, deck, porch, ramp and balcony with more than three risers or more than 24 inches above grade, shall have handrails and guardrails installed. Every handrail and guardrail shall be maintained structurally sound, in good repair with proper anchorage, and capable of supporting imposed loads.

(L)

Windows, Storm Windows, Skylight, Door and Frames. Every window, storm window, skylight, door and frame shall be kept in sound condition, good repair and weathertight.

(M)

Glazing. All window glazing materials shall be maintained free from cracks and holes.

(N)

Openable Windows. Every window, other than a fixed window, shall be easily openable, capable of being held in position by existing window hardware, and have locking devices in good repair and good working order.

(O)

Doors. All exterior doors, door assemblies and hardware shall be maintained in good working condition and in good repair.

(P)

Guards For Basement Windows. Every basement window that is operable shall have storm windows or other approved protection against the entry of rodents, in good working condition and in good repair.

§ 21.16 INTERIOR OF RESIDENTIAL STRUCTURES.

The interior of a structure and equipment therein shall be maintained by the responsible person in compliance with this Section.

Interior Wall, Ceiling and Floor Surfaces and Repairs. All interior wall, ceiling and floor surfaces, including, but not limited to, windows and doors, shall be maintained in good repair. All surfaces shall be free from serious cracking, irregularities and peeling, flaking and chipped paint.

Structural Members. All structural members shall be maintained structurally sound, in good repair, and be capable of supporting the imposed loads.

Toilet Room Compartment and Bathroom Flooring. Every toilet room floor surface and bathroom floor surface shall be properly constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.

Stairs and Walking Surfaces. All interior stairs and railings, ramps, balconies, porches, decks and other walking surfaces shall be maintained in a structurally sound condition, in good repair, with proper anchorage and capable of supporting the imposed loads.

Handrails and Guardrails. Every handrail and guardrail shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.

Interior Doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware.

§ 21.17 WASTE COLLECTION AND REMOVAL.

[Amended 10-10-2024 by Ord. No. 2024-007]

Waste Removal.

General. Every exterior premises shall be maintained to be free from any accumulation of waste, except for temporary collection disposed on a weekly basis.

Disposal. The responsible person or tenant, where applicable, for every premises shall be responsible for waste collection and removal and recycling.

Removal of Debris.

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 Village except at approved disposal sites.

No responsible person for any premises shall allow an accumulation of rocks, trees, stumps, waste, building material or other debris from land development, building construction, street grading under owner's control, or installation of underground utilities under owner's control upon the surface of their premises for a period of more than 10 days.

All fill dirt shall be leveled off to permit mowing or the use of a weed wacker for weeds between May 15 and November 1. Stones, bottles, wire, and other debris that will interfere with mowing operations shall be removed.

Condition of Garbage Containers and Dumpsters. All garbage containers and dumpsters must be maintained in good repair at all times.

Storage of Residential Garbage Containers. Residential garbage containers must be stored within a dwelling, structure, or in the rear or side yard of the premises, except on the designated day of collection.

Prohibition of Overflow and Scattered Waste. Overflowing garbage containers, scattered garbage, and rubbish piles on any premises within the Town/Village are prohibited.

Enclosure Requirements. Any enclosures required by a Conditional Use Permit or Site Plan Review for waste containers and dumpsters must be installed and maintained according to approved plans.

Recyclable Materials Handling. Recyclable materials must be handled in accordance with Chapter 20, Recycling.

Identification of Garbage Containers and Dumpsters. All garbage containers and dumpsters must display a clear and legible identification of the receptacle service provider and phone number.

Permitted Hours for Garbage Collection. All garbage containers and dumpsters must be delivered or emptied only between the hours of 6:00 a.m. and sundown.

Permanent Dumpsters.

Permit Requirement for Permanent Dumpsters. No permanent dumpster shall be placed on any residential, agricultural, commercial, or industrial property without a permit issued by the Building Inspection Department. Permit fees shall be as delineated on Schedule "A" of § 14.24.

Maintenance of Dumpster Enclosures. Enclosures for garbage/recycling dumpsters/compactors must be routinely maintained, washed, and cleaned to prevent odors, pests, and animal harborage. All waste must be stored within the dumpsters located inside the enclosures.

Condition of enclosure doors. Doors to the enclosures must be kept in good working order and must remain closed except during garbage or recycling removal. Any damaged doors or components must be repaired or replaced promptly.

Litter and Dumpster Management. The area surrounding each dumpster must be kept free of litter, dumpster lids must remain closed when not in use, and dumpsters must not overflow with debris.

Requirements for Residential Multi-Family Housing Dumpsters. Residential multi-family housing must provide an adequate number of garbage and recycle dumpsters. These must be accessible and located on an accessible route. Enclosures must have a minimum opening width of 36 inches, and accessible parking must be provided if parking is available at the dumpster location.

Surface Requirements for Dumpsters. All dumpsters must be placed on a paved or hard-packed surface.

Accessibility and Nuisance Prevention. Dumpsters must be located in areas where they can be easily accessed and serviced without creating a nuisance to any adjacent property.

Safety and Visibility Regulations. Dumpsters must not obstruct the view of traffic or street signs, nor should they be placed on sidewalks or obstruct safe sight distances for traffic and pedestrians.

Containment of Debris. Dumpsters must be adequately sized, maintained, and serviced frequently enough to fully contain all debris and prevent any debris from escaping into the surrounding environment.

Temporary (Roll-Off/Construction) Dumpsters.

Permit Requirement for Temporary Dumpsters. No temporary dumpster shall be placed on any residential, agricultural, commercial, or industrial property without a permit issued by the Building Inspection Department. Permit fees shall be as delineated on Schedule "A" of § 14.24.

Duration of Temporary Dumpster Placement. A temporary dumpster may only remain on a property for a maximum of 30 days within any 365-day period, unless it is being used in connection with an approved Building Permit for construction or demolition. Once construction or demolition is complete the dumpster must be removed.

Identification and Contact Information. All temporary dumpsters must display a clear and legible identification of the service provider and a contact phone number.

Location and Accessibility Requirements. Temporary dumpsters must be placed on a hardened surface and located where they can be easily accessed and serviced. They must be at least 15 feet away from the nearest property line of any adjacent property.

Placement Restrictions. Temporary dumpsters must not:

Block any building's means of ingress or egress.

Obstruct fire lanes, handicap spaces, hydrants, or pedestrian walkways.

Be placed within 50 feet of any intersection.

Block any bus stops or driver's view of traffic signs or signals.

(e)

Be located on sidewalks or obstruct safe sight distances for traffic and pedestrians.

(f)

Be placed in public streets or on the right-of-way.

Maintenance of Dumpster Areas. The area surrounding temporary dumpsters must be kept clean and sanitary. Dumpsters must be promptly emptied or removed when full.

Restrictions on Quantity. Only one temporary dumpster unit is allowed per residential property.

Safety and Usage Regulations. Dumpsters must not obstruct public safety and must only be used to contain debris, refuse, and other materials generated on the property where they are placed.

Special Provisions for Construction Projects. Temporary dumpsters for construction projects may be placed on properties as long as there is an active building permit and work is progressing satisfactorily. Debris must only be from the permitted construction activity. If no hardened surface exists, a gravel pad must be provided for placement.

Final Inspections and Certificate of Occupancy. Final inspections for construction projects will not be conducted, and Certificates of Occupancy will not be issued until all construction debris and temporary dumpsters are removed.

Assumption of Risk and Hold Harmless. The holder of any receptacle permit assumes all risks of bodily injury or property damage and agrees to indemnify and hold the Village harmless against any and all claims arising directly or indirectly from the placement, use, maintenance, or transport of the receptacle.

§ 21.18 EXTERMINATION.

Infestation. All premises shall be kept free from insect and rodent infestation. All premises in which insects, rats, vermin and other pests are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation.

Responsibility for Extermination. The responsible person for any premises shall be responsible for extermination.

Extermination. All extermination services performed for others shall be performed by a licensed exterminator.

§ 21.19 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS.

General.

Scope. The provisions of this Section shall provide the minimum requirements and standards for light, ventilation and occupancy limitations for structures.

Responsibility. The responsible person shall provide and maintain light, ventilation and occupancy limitations in compliance with this Section.

Prohibition. A person shall not occupy, or permit another person to occupy any structure that does not comply with the requirements of the Code of General Ordinances.

Alternative Devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the Code of General Ordinances shall be permitted.

Light.

Habitable Spaces. Every habitable space shall have at least one window of a size required by the Code of General Ordinances and State law facing directly to the outdoors or to a court. The minimum total window pane areas for every habitable space shall be 8% of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than three feet from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court, and shall not be included as contributing to the required minimum total window area for the room.

Where natural light for rooms or spaces without exterior window pane areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8% of the floor area of the interior room or space, but not less than 25 square feet. The exterior window pane area shall be based on the total floor area being served.

Other Spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, the safe occupancy of the space, and the safe use of the appliances, equipment and fixtures.

Ventilation.

Habitable Spaces. Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to the natural ventilation required by State law.

Bathrooms and Toilet Rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by State law.

Clothes Dryer Venting Systems. Clothes dryer venting systems shall be independent of all other systems and shall be vented in accordance with the manufacturer's instructions.

§ 21.20 PLUMBING SYSTEMS FACILITIES AND FIXTURE REQUIREMENTS.

General.

Scope. The provisions of this Section shall govern the minimum requirements and standards for plumbing systems, facilities and fixtures in structures.

Responsibility. The responsible person of the structure shall provide and maintain plumbing systems facilities, and fixtures in compliance with the Code of General Ordinances and State law.

Prohibition. A person shall not occupy or permit another person to occupy any structure that does not comply with the requirements of this Section.

Maintaining Sanitary Sewer and Water Service. No responsible person shall cause any sanitary sewer or water service to be removed from or shut off from or discontinued for any occupied dwelling, dwelling unit or lodging room, except for such temporary interruption as may be necessary while actual repairs are in process, or during temporary emergencies beyond the control of the responsible person.

Maintaining Fixtures. Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof.

Required Facilities.

Dwelling Units. Every dwelling unit shall contain its own bathtub or shower, toilet, bathroom sink and kitchen sink which shall be maintained by the responsible person in good repair, in good working condition, and in a sanitary condition.

Toilet Rooms and Bathrooms.

Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior.

Plumbing Systems and Fixtures.

General. All plumbing systems and fixtures shall be properly installed in good repair, in good working condition, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed.

Fixture Clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning.

Plumbing System Hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross-connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the Building Inspector shall require the defects to be corrected to eliminate the hazard.

Water Supply System.

General. Every sink, bathtub or shower, drinking fountain, water closet, laundry facility or other plumbing fixture shall be properly connected to either a public water supply system or to a State or Village approved private water system and shall be supplied with hot or tempered and cold running water in accordance with the Code of General Ordinances and State law.

Free From Contamination. The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood level rim of the fixture. Shampoo basin faucets, janitor sink faucets, and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric type vacuum breaker or an approved permanently attached hose connection vacuum breaker.

Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks.

Water Heating Facilities. Every dwelling unit shall have water heating facilities properly installed in good repair, proper working condition, and maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower, water closet and laundry facility at a temperature of not less than 110° F. (49° C.). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters.

Sanitary Sewer and Treatment System.

General. All plumbing fixtures shall be properly connected to either a public sewer and treatment system or to a State or Village approved private sewage treatment system.

Maintenance. Every plumbing stack, vent, waste and sewer line shall be maintained in good repair, good working condition and function as designed and be kept free from obstructions and leaks.

§ 21.21 MECHANICAL AND ELECTRICAL FACILITIES AND EQUIPMENT.

General.

Scope. The provisions of this Section shall govern the minimum requirements and standards for mechanical and electrical facilities and equipment in structures.

Responsibility. The responsible person of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with this Section.

Prohibition. A person shall not occupy or permit another person to occupy any structure that does not comply with the requirements of this Ordinance. No responsible person shall cause any mechanical or electrical service, facility or equipment which is required under this Ordinance to be removed from, shut off from or discontinued from any occupied dwelling, dwelling unit or lodging room let or occupied by him/her, except for temporary interruption as may be necessary while actual repairs are in process, or during such temporary emergencies when discontinuance of service is approved by the Building Inspector.

Heating Facilities and Equipment.

Facilities and Equipment Required. Heating facilities and equipment shall be provided in structures as required by this Section.

Residential Occupancies. Dwellings and dwelling units shall be provided with heating facilities and equipment capable of maintaining a room temperature of 68° F. in all habitable rooms, bathrooms and toilet rooms when the outside temperature is at or above 0° F., and 60° F. when the outside temperature is below 0° F.

Heat Supply. Every responsible person for any structure who rents one or more dwelling units, lodging units on terms, either expressed or implied, to furnish heat to the occupants thereof, shall supply heat to maintain a temperature of not less than 68° F. in all habitable rooms, bathrooms, and toilet rooms when the outside temperature is at or above 0° F., and 60° F. when the outside temperature is below 0° F.

Central Heating System Requirements. Every central heating system shall comply with State law. It shall also comply with the following requirements:

The central heating system shall be in good repair and proper working condition.

Every heat duct, steampipe and hot water pipe shall be free of leaks and shall function so that an adequate amount of heat is delivered where intended.

Every seal between the sections of a warm air furnace shall be tight so noxious gases will not escape into heat ducts.

Space Heaters. Every space heater shall comply with State law. It shall also comply with the following requirements:

No space heater burning solid, liquid or gaseous fuels shall be a portable type.

Every space heater burning solid, liquid or gaseous fuels shall be properly vented in accordance with manufacturer's instructions.

Every coal burning or oil burning space heater shall have a fire resistant panel beneath it.

The location of space heaters, the insulation of walls and ceilings close to such heaters and the construction, installation and guarding of smokepipes and walls or ceilings through which they pass shall meet the requirements of applicable State law and the Code of General Ordinances.

Fuel Burning Appliances.

Definition. "Fuel Burning Appliances" shall mean and include non-electrical stoves and food preparation devices, water heaters and fireplaces, and all components and accessories therefor, which burn natural gas, LP gas, wood or other combustible materials.

Installation and Maintenance. All fuel-burning appliances shall be properly installed and maintained in good repair, in good working condition, and shall be capable of performing the intended function.

Prohibited Use. Fuel burning appliances shall not be used to meet the heating requirements of this Ordinance.

Venting. All fuel burning appliances shall be connected to an approved chimney or vent, except for appliances which are approved by the manufacturer for unvented operation.

Clearances. All manufacturer required clearances for fuel burning appliances shall be maintained.

Safety Controls. All safety controls for fuel burning appliances shall be maintained in good repair, good working condition and be capable of performing the intended function.

Combustion Air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel burning appliance shall be provided.

Energy Conservation Devices. Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled by the manufacturer for such purpose and the installation is specifically approved by the manufacturer.

Electrical Facilities.

Facilities Required. Every occupied structure shall be provided with an electrical system in compliance with the requirements of this Section.

Service. Every dwelling and dwelling unit shall be served by a main service that is not less than 60 amperes, three wires and protected with fusetate fuses or circuit breakers. The size and usage of electrical appliances shall serve as a basis for determining the need for additional facilities in accordance with NFPA 70 and the National Electrical Code.

Electrical System Hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the Building Inspector shall require the defects to be corrected to eliminate the hazard.

Electrical Equipment.

Installation. All electrical equipment, wiring and appliances shall be properly installed and maintained in good repair, in good working condition and be capable of performing the intended function.

Convenience Outlets. Convenience outlets are to be located to prevent use of extension cords in accordance with National Electrical Code (NEC) 400-8 and Ch. SPS 316 of the Wisconsin Administrative Code. All extension cords, temporary wiring and exposed or abandoned wiring shall be removed.

[Amended 7-13-2021 by Ord. No. 2021-023]

Lighting Fixtures. Every toilet compartment, bathroom, laundry room, boiler room, furnace room and public hall shall contain at least one supplied ceiling or wall-type electric light fixture. Every kitchen shall have at least three receptacles on two small appliance circuits, plus a light fixture on a general lighting circuit. Any new kitchen receptacle outlet shall have ground fault circuit interrupter protection.

§ 21.22 FIRE SAFETY REQUIREMENTS.

General.

Scope. The provisions of this Section shall provide the minimum requirements and standards for fire safety relating to structures and premises, including fire safety facilities and equipment to be provided.

Enforcement.

Building Inspector. The Building Inspector shall be responsible for enforcing the requirements of this Ordinance in one and two-family dwellings and in the individual units located in multi-family units containing three or more units.

Fire Inspector. The Fire Inspector shall be responsible for enforcing the Village's fire safety requirements in accordance with Chapter 5 of the Code of General Ordinances.

Responsibility. The responsible person of the premises shall provide and maintain fire safety facilities and equipment in compliance with this Section.

Prohibition. A person shall not occupy or permit another person to occupy any premises that does not comply with the requirements of this Section.

Means Of Egress.

General. A safe, continuous and unobstructed path of travel shall be provided from any point in a structure to an open public street, alley or court connected to a street.

Exit Capacity. The capacity of the exits serving a floor shall be sufficient for the occupants.

Arrangement. Exits from dwellings, dwelling units, and lodging units shall not lead through other such units, or through toilet rooms or bathrooms.

Security. Bars, grilles or screens placed over emergency escape windows shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the window.

Unobstructed Passageways.

Egress. Stairways, passageways, doors, windows, fire escapes or other means of egress shall be kept open and unobstructed. Exterior exits shall be unobstructed.

Hazardous Material. Combustible, flammable, explosive or other hazardous materials, such as paints, volatile oils and cleaning fluids, or combustible rubbish, such as wastepaper, boxes and rags, shall not be accumulated or stored unless such storage complies with the applicable requirements of State law and the Code of General Ordinances.

Fire Resistance Ratings.

General. The fire resistance rating of floors, walls, ceilings, and other elements and components required by State law shall be maintained.

Fire Doors and Smoke Barriers. All required fire doors and smoke barriers shall be maintained in good working order, including all hardware necessary for the proper operation thereof. Fire doors shall not be held open by door stops, wedges and other unapproved hold-open devices.

Fire Protection Systems.

General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire, or any combination thereof, shall be maintained in good working condition and be capable of performing their intended function.

Smoke Detectors. The responsible person of a dwelling, dwelling unit and lodging room shall install a functional smoke detector as required by State law and the Code of General Ordinances.

§ 21.23 REINSPECTION FEES.

To compensate the Village for inspection and administrative costs related to the enforcement of this Ordinance, there shall be charged to the property owner, a reinspection fee for each inspection following the initial inspection which resulted in an order for corrective action and the first reinspection to determine compliance with an order for corrective action issued hereunder. There shall be no reinspection fee for a final inspection indicating compliance or for a reinspection occurring during the period of an approved time extension granted for good cause and involving a good faith effort on the part of the property owner to comply with the order. Each chargeable reinspection fee shall be $60. Reinspection fees which are not paid by or on behalf of the property owner within 30 days of mailing of an invoice to the property owner of record on the Village tax roll shall be charged and collected as a special assessment against the real estate upon which the reinspections were made, and shall be a lien upon the real estate until paid in full, with interest accruing on the unpaid balance at the rate of 7% per annum. There shall also be a $100 administrative charge added to the charge and special assessment to cover the administrative costs of charging and specially assessing the property.

§ 21.24 PENALTIES.

Violation Penalties. Any person who shall violate a provision of this Ordinance, shall, upon conviction, be subject to a forfeiture of not more than $1,000, and in addition, shall pay the costs and expenses of prosecution. Each day such violation continues shall be considered a separate offense.