[HISTORY: Adopted by the Village Board of the Village of
Centuria as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-13-2006 as
Title 15, Ch. 4, and § 10-5-8 of the 2006 Code]
A.
Policy. There exist in the Village of Centuria structures, residential
yards or vacant areas, or combinations thereof, which are, or may
become, unhygienic, dilapidated or unsafe with respect to structural
integrity, equipment or maintenance and, as such, constitute a menace
to the health, safety and welfare of the public. Lack of maintenance
and progressive deterioration of certain properties have the further
effect of creating blighted area conditions, and if such conditions
are not curtailed and removed, the expenditure of large amounts of
public funds to correct and eliminate the same will be necessary.
Timely regulation and restriction to contain and prevent blight is
necessary, thereby maintaining the desirability and amenities as well
as property values of the neighborhoods in the Village.
B.
Purpose. The purpose of this article is to protect public health,
safety and welfare by establishing minimum property maintenance standards.
This article does not replace or modify standards otherwise established
by other portions of this Code for construction, repair, alteration
or use of buildings. This article is meant to be remedial and this
article is to be liberally construed to effectuate the purposes stated
herein. Violation of the minimum standards set forth in this article
shall be deemed to be a public nuisance.
For purposes of this article, the following definitions shall
be applicable:
A dwelling which is not occupied and which is not intended
by the owner to be occupied within a reasonable period of time. A
dwelling shall be presumed to be abandoned if it is unoccupied for
a period of 12 consecutive months. Occupancy required hereunder shall
be bona fide and not acquired for the sole purpose of defeating the
abandonment of a dwelling.
A structure, the use of which is incidental to that of the
main building and which is attached thereto or located on the same
premises.
Any area (including a slum area) in which a majority of the
structures are residential (or in which there is a predominance of
buildings or improvements, whether residential or nonresidential)
and which, by reason of dilapidation, deterioration, age or obsolescence,
inadequate provision for ventilation, light, air, sanitation, or open
spaces, high density of population and overcrowding, or the existence
of conditions which endanger life or property by fire and other causes,
or any combination of such factors, is conducive to ill health, transmission
of disease, infant morality, juvenile delinquency and crime, and is
detrimental to the public health, safety, morals or welfare.
Any structure built for the support, shelter and enclosure
of persons, animals, chattels, or movable property of any kind, and
which is permanently affixed to the land or connected to a utility,
and includes those structures resting on runners, wheels or similar
supports.
The condition or appearance of a building or part thereof
characterized by holes, breaks, rot, crumbling, cracking, peeling,
rusting, or other evidence of physical decay, neglect, lack of maintenance
or excessive use.
Describes a building, structure or part thereof which is
in a state of ruin or shabbiness resulting from neglect. The term
implies a hazard to life or property.
Any enclosed space which is wholly or partly used or intended
to be used for living or sleeping by human occupants.
Any public nuisance known at common law or in equity jurisprudence
or as provided by the statutes of the State of Wisconsin or the Village
of Centuria Code. Further, a public nuisance is a thing, act, occupation,
condition or use of property which shall continue for such length
of time as to:
Any person living, sleeping or having actual possession of
a building.
Any person who, alone or jointly or severally with others:
Shall have legal title to any premises, with or without accompanying
actual possession thereof; or
Shall have charge, care or control of any premises as owner
or agent of the owner, or an executor, administrator, trustee or guardian
of the estate of the owner. Any such person thus representing the
actual owner shall be bound to comply with the provisions of this
article and of rules and regulations adopted pursuant thereto to the
same extent as if he were the owner.
Any natural individual, firm, trust, partnership, association
or corporation.
A platted lot or part thereof or unplatted lot or parcel
of land or plot of land, either occupied or unoccupied by a dwelling
or non-dwelling structure, and includes any such building, accessory
structure or other structure thereon.
All putrescible and nonputrescible solids (except body wastes),
including garbage, rubbish, ashes and dead animals.
Nonputrescible solid wastes (excluding ashes), consisting
of either:
No owner or occupant shall accumulate or allow the accumulation
outside of a building or accessory structure of waste matter, litter,
refuse, rubbish, lumber, metal scraps, machine parts, discarded or
nonfunctioning appliances, accessories, furniture or other material
on such property which presents a blighted appearance on the property
or which constitutes a nuisance.
A.
Storage of automobiles and other debris restricted.
(1)
No disassembled, inoperable, unlicensed, junked or wrecked motor
vehicles, truck bodies, tractors, trailers, farm machinery, appliances,
household furnishings, abandoned mobile home or trailer, miscellaneous
junk or appliances, or construction debris shall be stored unenclosed
upon private residential property within the Village of Centuria for
a period exceeding 72 hours or, if it is in connection with an authorized
business enterprise, maintained in such a manner as to not constitute
a public nuisance and in compliance with Village zoning regulations;
outside storage on a commercial or industrial property shall be enclosed
by a fence or other enclosure of a design approved by the Village
Board.
(2)
Any business engaged in automotive sales or repair located in a properly
zoned district may retain no more than five disassembled or wrecked
vehicles in the open for a period not to exceed 30 days, after which
such vehicles shall constitute a nuisance and shall be removed.
B.
ABANDONED HOME OR TRAILER
DISASSEMBLED, INOPERABLE, JUNKED OR WRECKED MOTOR VEHICLES,
TRUCK BODIES, TRACTORS, TRAILERS
ENCLOSURE
INOPERABLE APPLIANCE
JUNK
MOTOR VEHICLE
OWNER
UNLICENSED MOTOR VEHICLES, TRUCK BODIES, TRACTORS OR TRAILERS
Definitions. As used in this section, the following terms shall be
defined as indicated:
One which has not been used or occupied, or which due to
dilapidated condition cannot be occupied in a healthful manner, within
the past 365 days.
Motor vehicles, recreational vehicles (boats, campers, snowmobiles, all-terrain vehicles, etc.), truck bodies, tractors, farm machinery or trailers, and other items listed in Subsection A of this section in such state of physical or mechanical ruin as to be incapable of propulsion, being operated upon the public streets or highways, or which is otherwise not in safe or legal condition for operation on public streets or highways due to missing or inoperative parts, flat or removed tires, expired or missing license plates or other defects.
A type of construction required to hide and harbor vehicles
from public view, excluding tarps. The Village Board shall have sole
authority to determine the adequacy of enclosures required under this
section, which may be a structure, fence, vegetative screening, or
other type of acceptable enclosure.
Any stove, washer, refrigerator or other appliance which
is no longer operable in the sense for which it was manufactured.
Worn out or discarded material of little or no value, including
but not limited to household appliances or parts thereof, tools, discarded
building materials or any other unsightly debris, the accumulation
of which has an adverse effect upon the neighborhood or Village property
values, health, safety or general welfare.
As defined in § 340.01(35), Wis. Stats. Additionally,
"motor vehicle" means any automobile, automobile part, all-terrain
vehicle, snowmobile, motor home, bus, motorcycle, van or other device
designed for travel.
Considered to be the person(s) who occupies the premises
and who may or may not be the responsible person(s) harboring such
unlicensed motor vehicle.
Motor vehicles, truck bodies, tractors, recreational vehicles
or trailers which do not bear lawful current license plates.
C.
Exceptions.
(1)
This section shall not apply to:
(a)
Any motor vehicle or motor vehicle accessories stored within
an enclosed building or on the premises of a business enterprise operated
in a lawful place and manner in a properly zoned area in such a manner
as to not constitute a nuisance, when necessary to the operation of
such business enterprise, in an enclosed storage place or depository
maintained in a lawful place and manner.
(b)
Any business engaged in the sale, repair or storage of such
unlicensed vehicles in a properly zoned district may store such vehicles.
The Village Board may determine the necessity of such storage and
may impose limitations or require fencing or other type of approved
enclosure of such nonresidential properties.
(2)
In other situations the Village Board may issue a one-time temporary
permit permitting an extension of not to exceed an additional 30 days'
time to comply with this section where exceptional facts and circumstances
warrant such extension.
D.
Enforcement.
(1)
Whenever a Village law enforcement officer shall find any vehicles
or appliances, as described herein, placed or stored in the open upon
private property within the Village, he/she shall notify the owner
of said property on which said vehicle or appliance is stored of the
violation of this section. If said vehicle or appliance is not removed
within 14 days, a Village law enforcement officer shall cause to be
issued a citation to the property owner or tenant of the property
upon which said vehicle or appliance is stored.
(2)
If such vehicle or appliance is not removed within 14 days after issuance of a citation, a Village law enforcement officer shall cause the vehicle or appliance to be removed and impounded, and it shall thereafter be disposed of as prescribed in §§ 430-3 through 430-6 of Chapter 430, Vehicles, Abandoned, of this Code by a Village law enforcement officer. Any cost incurred in the removal and sale of said vehicle or appliance shall be recovered from the owner. However, if the owner of the vehicle or appliance cannot readily be found, the cost of such removal shall be charged to the property from which it is removed, which charges shall be entered as a special charge on the tax roll.
E.
Penalty. Any person who shall interfere with the enforcement of any of the provisions of this section and shall be found guilty thereof shall be subject to a penalty as provided in Chapter 1, Article II, General Penalty, of this Code. Each motor vehicle or appliance involved shall constitute a separate offense.
A.
Minimum standards. No person shall occupy as owner-occupant or shall
let or hold out to another for occupancy any dwelling or family unit
for the purpose of living therein, or own or be in control of any
vacant dwelling or dwelling unit, which is not safe, clean, sanitary
and fit for human occupancy, and which does not comply with the particular
requirements of the following subsections.
B.
Foundations, exterior walls and roofs. No person shall be an owner
or occupant of any premises which does not comply with the following
requirements:
(1)
Every exterior wall shall be free of deterioration, holes, breaks,
loose or rotting board or timbers.
(2)
Structures that require paint or stain should have paint or stain
applied at regular intervals to exterior building surfaces. When the
building has more than 30% deterioration of its finished surface on
any wall, that wall shall be painted or stained. Such painting and
staining shall be completed within 90 days from the date of the first
application.
(3)
All cornices, moldings, lintels, sills, oriel windows, and similar
projections shall be kept in good repair and free from cracks and
defects which make them hazardous or unsightly.
(4)
Roof surfaces shall be tight and have no defects which admit water.
All roof drainage systems shall be secured and hung properly.
(5)
Chimneys, antennas, air vents, and other similar projections shall
be structurally sound and in good repair. Such projections shall be
secured properly, where applicable, to an exterior wall or exterior
roof.
C.
Grading and drainage of lots. Every yard, court, vent passageway,
driveway, and other portion of the lot on which the building stands
shall be graded and drained so as to prevent the accumulation of water
on any such surface or on adjacent property. Driveways shall be maintained
in good repair.
D.
Accessory structures. All accessory structures shall be maintained
in a state of good repair and vertical alignment. All exterior appurtenances
or accessory structures which serve no useful purpose and are in a
deteriorated or dilapidated condition, which are not economically
repairable, shall be removed. Such structures include, but shall not
be limited to, porches, terraces, entrance platforms, garages, driveways,
carports, walls, fences and miscellaneous sheds.
E.
Abandoned dwellings. The owner of any abandoned dwelling shall:
(1)
Cause all services and utilities to be disconnected from or discontinued
to said dwelling;
(2)
Lock all exterior doors and windows of said dwelling;
F.
Nuisances. The interior and exterior of vacant and abandoned dwellings
shall be maintained in a nuisance-free condition.
A.
Upon determination by the Village Building Inspector of a violation
of this article, the Village shall notify the owner and, if different
from the owner, the occupant of the premises of such violation.
B.
The notice shall specify the nature of the violation, the required
correction and a reasonable time, not to exceed 30 days, to correct
the violation. The notice shall be served upon the person or persons
named personally or by certified mail addressed, postage paid, to
the last known address of such person or persons.
C.
The person so notified shall have the right to appeal the decision
of the Building Inspector to the Village Board within 30 days of the
date of notice.
D.
If upon expiration of the time given for correction of a violation
and time for any appeal therefor such correction is not made, the
Village Building Inspector shall file an action in the name of the
Village in the Circuit Court for Polk County, Wisconsin, in accordance
with the provisions of Ch. 823, Wis. Stats., as amended from time
to time.
Nothing in this article shall be construed as prohibiting the
abatement of public nuisance by the Village of Centuria or its officials
in accordance with the laws of the State of Wisconsin or Village ordinances.
In addition to any other penalty imposed by this article for
the erection, contrivance, creation, continuance or maintenance of
a public nuisance, the cost of abating a public nuisance by the Village
shall be collected as a debt from the owner, occupant or person causing,
permitting or maintaining the nuisance, and if notice to abate the
nuisance has been given to the owner, such cost shall be assessed
against the real estate as a special charge.
[Adopted 3-13-2006 as
Title 15, Ch. 5, of the 2006 Code]
This article shall be known as the "Village of Centuria Commercial
Property Exterior Maintenance Code."
A.
This article is adopted for the purpose of preserving and promoting
the public health, safety, comfort, convenience, prosperity, and general
welfare of the people of the Village and environs. This includes,
among others, physical, aesthetic and monetary values.
B.
It is recognized that there may now be or may in the future be commercial
buildings, structures, yards or vacant areas and combinations thereof
which are so dilapidated, unsafe, dangerous, unhygienic, or inadequately
maintained as to constitute a menace to the health, safety and general
welfare of the people. The establishment and enforcement of minimum
commercial property maintenance standards is necessary to preserve
and promote the private and public interest.
A.
Purpose. The purpose of this article is to recognize the private
and public benefits resulting from the safe, sanitary, and attractive
maintenance of commercial buildings, structures, yards, or vacant
areas. Attractive and well-maintained property will enhance the neighborhood
and Village and provide a suitable environment for increasing physical
and monetary values.
B.
Minimum requirements. Every owner or operator shall improve and maintain
all property under their control to comply with the following minimum
requirements:
(1)
Drainage. All courts, yards, or other areas on the premises shall
be properly graded to divert water away from any building or structure.
(2)
Weeds. All exterior property areas shall be kept free from noxious
weeds as required by this Code. Where weed cutting is required, the
Weed Commissioner shall perform said weed cutting and process the
charge therefor as a special assessment against the benefitted property.
(3)
Debris. All exterior property areas shall be properly maintained
in a clean and sanitary condition free from debris, rubbish or garbage,
physical hazards, rodent harborage and infestation, and animal feces.
All animal feces shall be removed within 24 hours.
(4)
Fences, walks, and parking areas. Fences, other minor construction,
walks, driveways, parking areas, and similar paved areas shall be
properly maintained in a safe, sanitary, and substantial condition.
Approved walks shall provide all-weather access to buildings or structures.
(5)
Exterior surfaces. Exterior surfaces of buildings and structures
not inherently resistant to deterioration shall be treated with a
protective coating of paint or other suitable preservative which will
provide adequate resistance to weathering and maintain an attractive
appearance. Any exterior surface treated with paint or other preservative
shall be maintained so as to prevent chipping, cracking or other deterioration
of the exterior surface or the surface treatment and to present an
attractive appearance. All paint or other preservative shall be applied
in a workmanlike fashion.
(6)
Yard areas. Yard areas of real estate shall not be permitted to deteriorate
or remain in a condition that is not in accord with the following:
Yard areas shall be kept in a clean and sanitary condition, free from
any accumulation of combustible or noncombustible materials (which
are not used as an integral part of the authorized business carried
out on the premises), debris or refuse. Unless in a properly zoned
district and screened by a visual barrier at least five feet high,
yards shall not be used to store appliances, furnaces, hot water heaters,
water softeners, or building material not used within five days, or
any unsightly bulk items, unless these items are raw materials used
in the business carried out on the premises.
(7)
General requirements. Every foundation, exterior wall, and roof shall
be reasonably weathertight, watertight, and rodent-proof and shall
be kept in proper repair and shall be capable of affording privacy.
Any hazardous sagging or bulging shall be properly repaired to a level
or plumb position. All chimneys and breeching shall be so constructed
and maintained as to insure that it safely and properly removes the
products of combustion from the building.
(8)
Windows and doors. Every window, exterior door, and basement hatchway
shall be reasonably weathertight, watertight, and rodent-proof and
kept in proper repair. All door and window hardware shall be installed
and maintained in proper working condition.
(9)
Outside stairs and porches. Every outside stair, every porch, and
every appurtenance thereto shall be so constructed as to be safe to
use and capable of supporting the load that normal use may cause to
be placed thereon and shall be kept in proper condition and repair
and shall present an attractive appearance. All exterior stairs and
steps and every appurtenance thereto shall comply with the requirements
specified in the Wisconsin Administrative Code.
(10)
Removal of debris.
(a)
No person shall dispose of rocks, trees, stumps, waste building
material, or other debris from land development, building construction,
street grading, or installation of underground utilities upon the
surface of any land in the Village, except at approved disposal sites.
(b)
No landowner shall allow an accumulation of rocks, trees, stumps,
waste building material or other debris from land development, building
construction, street grading, or installation of underground utilities
upon the surface of his land for a period of more than 10 days.
(c)
All land-filling operations shall be leveled off to permit the
mowing of the weeds between June 1 and November 1. This includes the
removal of stones, bottles, wire, and other debris that will interfere
with mowing operations.
Every owner, operator, or occupant of a commercial property,
or part thereof, shall maintain that portion of the exterior of the
property controlled by him.
Whenever the Building Inspector determines that there are reasonable grounds to believe that there has been a violation of any provision of this article or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person or persons responsible therefor and commence an enforcement action pursuant to Article I of this chapter.
