[Adopted 8-6-2020 by Ord. No. 2637]
This article is to promote the health, safety, convenience,
comfort, morals, prosperity and general interest and welfare of the
citizens of New Berlin, Wisconsin, by establishing provisions for
preventing prolonged vacancies in commercial areas.
Provisions of this article shall apply to every structure and
its premises used for commercial occupancy of buildings. This article
establishes minimum requirements and standards for the maintenance
of the structures and premises. This article does not replace or modify
standards otherwise established by law for construction, replacement
or repair of buildings and their grounds, but is cumulative of such
standards and shall apply in addition to them.
The following uses are exempt from this chapter, as determined
by the Department of Community Development:
The owner or occupant of the premises or his/her agent shall
maintain the structure(s) and exterior property in compliance with
these requirements.
The owner shall maintain the property in compliance with all
provisions of the New Berlin Municipal Code, Use, Site & Architectural
approval, and/or plan as approved as part of a developer's agreement
approved by the Common Council. If the property is not found to be
in compliance with the Municipal Code, Use, Site & Architectural
approval, and/or the approved plans as part of the developer's agreement,
the City may take action to correct the situation, after providing
the owner or operator with notice of the defective condition and an
opportunity to cure the alleged defective condition.
A.
All vacant structures and premises thereof shall be maintained in
a clean, safe, secure and sanitary condition as provided herein so
as not to cause a blighting problem or adversely affect the public
health and safety.
A.
Vacant or abandoned properties, including, but not limited to, buildings,
stormwater, parking, and landscaping, shall be maintained for the
safety of the community, the local environment, and the visual impacts
to the surrounding properties. Maintenance includes watering, snow
removal, trimming and pruning landscaping, continued screening of
dumpsters, promptly repairing any building or site damage, and prompt
removal of graffiti. Any covering of glass surfaces shall be done
in such a way as to blend in with the rest of the building and in
a visually attractive manner. Chain-link fencing to prevent trespass
shall be permitted for not more than 120 days, after which it shall
be removed or replaced with visually attractive fencing.
B.
The owner of a vacant property and/or building shall remove all signs from the building and repaint the wall area behind the signs if this area has faded leaving an image of the signs, except as otherwise noted below in § 201-31G.
C.
The owner of a vacant property and/or building is responsible for
keeping the same free of weeds, dry brush, dead vegetation, trash,
junk, debris, building materials, earth products, any accumulation
of newspapers, circulars or flyers, discarded items including but
not limited to furniture, clothing, appliances or any other items
that give the appearance that the property or building is vacant.
D.
In the absence of an active zoning permit, the owner of a vacant
property and/or building shall keep vestibule and/or emergency lights
illuminated in the interior of the building to offer a positive appearance
and safe condition of the property. Parking lot lighting shall remain
illuminated.
E.
The owner(s) of a vacant property and/or building is responsible for maintaining existing landscaping and landscaping required as a condition of a permit and shall not permit the landscaping to become overgrown or die. If the landscaping becomes overgrown or dies, the owner is responsible for replacing the previously existing landscaping in accordance with § 275-56C(14). Landscaping includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges, trees or other similar plantings.
F.
The owner of a vacant property and/or building shall secure the same
so that it is not accessible to unauthorized persons, including but
not limited to the closure and locking of windows and doors (walk-through,
sliding and garage) and any other opening of such size that may allow
a child to access the interior of a structure; chaining or padlocking
gates, and repairing fencing. Broken windows shall be secured by means
of re-glazing with undamaged glass or other permanent material, and
not by cardboard, plywood or other temporary means except as necessary
temporarily for not more than 10 business days while awaiting re-glazing.
G.
The property owner may display one professionally designed sign,
consistent with local sign ordinances, not to exceed 32 square feet
in area at the entrance of the building, which offers contact information
and a statement that the building is available for lease.
H.
If the owner of the property or building is an entity whose principal
office does not exist within or does not reside within 50 miles of
the City limits, the owner shall contract with a person to provide
property management to perform weekly inspections to verify that all
requirements of this article, enforcement notice, and any other applicable
laws are being met. The property shall be posted with name and twenty-four-hour
contact phone number of the local property management representative.
