Definitions. As used
in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING/STRUCTURE
A detached building or structure on the same lot, with and
of a nature customarily incidental and subordinate to the principal
building or structure or use of the land, i.e., a child's playhouse,
garden house, greenhouse, garage, carport, shed, fence, or retaining
wall.
BUILDING
Any structure used or intended for supporting or sheltering
any use or occupancy. For multiunit structures, each nonresidential
unit is deemed a separate building subject to this chapter; in multiunit
structures, individual residential units are to be considered a part
of the larger building that encompasses the other residential units.
CODE OFFICIAL
The Building Inspector, or any duly authorized designee of
the Building Inspector.
EXTERIOR PREMISES
The open space on the premises or the portion of the premises
upon which there is not a structure.
GARBAGE
The animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
GOOD REPAIR
Free from blighting and hazardous conditions, clean and sanitary,
and in a safe condition.
IMMINENT HAZARD
A condition which could cause serious or life-threatening
injury or death at any time.
MIXED OCCUPANCY
Occupancy of a structure in part for residential use and
in part for some other lawful use under the Zoning Code, not accessory
thereto.
MUNICIPAL CODE
The Municipal Code for the Village of Darien, Wisconsin,
which includes the Vacant Building Code.
OCCUPIED
A building is occupied when it is open to the public, when
a business or manufacturing activity is performed therein, or when
people reside therein. Any building or structure shall be deemed to
be occupied if one or more persons actually conducts a lawful business
or resides in all or any part of the building as the licensed business-occupant,
or as the legal or equitable owner/occupant(s) or tenant(s) on a permanent,
nontransient basis, or any combination of the same. For purposes of
this chapter, evidence offered to prove that a building is so occupied
may include, but shall not be limited to, the regular receipt of delivery
of regular mail through the U.S. Postal Service; proof of continual
telephone, electric, gas, heating, water and sewer service.
OWNER
Every person, partnership, limited partnership, corporation,
service corporation, limited-liability company or partnership, or
other legally recognized entity or association, who alone or jointly
or severally with others:
a.
Has the legal title to a building or structure;
b.
Has legal right or obligation to the care, charge, or control
of any building or structure, in any capacity, including, but not
limited to, agent; executor, administrator, trustee, guardian, or
personal representative of the estate of the holder of legal title;
or an agent, trustee, receiver or other person appointed by court
order with authority to have possession or control of the building
or structure; or
c.
Is a mortgagee, where either:
i.
The mortgagee has obtained a judgment of foreclosure against
the mortgagor with regard to the premises containing the vacant building
or structure; or
ii.
The mortgage or note secured by the mortgage contains a provision
authorizing the mortgagee to act to secure or repair the property
of the mortgagor, and the mortgagor no longer maintains the vacant
building or structure; or
d.
Is a land contract vendor, where either:
i.
The land contract vendor has obtained a judgment of foreclosure
against the land contract vendee with regard to the premises containing
the vacant building or structure; or
ii.
The land contract contains a provision authorizing the land
contract vendor to act to secure or repair the property of the vendee,
and the vendee no longer maintains the vacant building or structure.
e.
"Owner" does not include any real estate licensee providing
brokerage services in accordance with Wis. Stats., Ch. 452.
PARTIALLY VACANT
A multi-storied building or structure that has one or more
stories vacant.
RESPONSIBLE PERSON
A natural person who is the owner, operator or manager of
any structure or premises.
RUBBISH
Combustible and noncombustible waste materials, except garbage.
The term shall include the residue from the burning of wood, coal,
coke, and other combustible materials, paper, rags, cartons, boxes,
wood excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery, and dust and other
similar materials.
SECURED
A building that has a permanent door or window in each appropriate
building opening that is secured to prevent unauthorized entry and
has all of its door and window components, including frames, jambs,
rails, stiles, muntins, mullions, panels, sashes, lights and panels
intact and unbroken.
STRUCTURE
Anything constructed or erected, which requires location
on the ground or attached to something having location on the ground.
UNIFIED BUSINESS DISTRICT
Any commercial building or group of commercial buildings
comprised of permitted and/or conditional uses located on a lot or
group of lots, which lot or group of lots has a common ownership,
and which is planned, developed or functions as a unit.
VACANT
A building or structure shall be deemed vacant if no person
or persons, currently conducts a lawfully licensed business, or lawfully
resides or lives in any part of the building as the legal or equitable
owner(s), tenant-occupant(s), owner-occupants or tenant(s) on a permanent,
nonstransient basis. Vacant status is determined from a totality of
circumstances. For purposes of this chapter only, rebuttable evidence
of vacancy includes, but is not limited to, low- or no-utility usage,
lack of customary furnishing consistent with occupancy, accumulation
of newspapers or fliers, and fixtures or window coverings which are
not secured.
WASTE
Garbage, ashes, rubbish and trash, but not of an earthly
or construction nature.
WEEDS
"Weeds" or "noxious weeds" or "other rank growth of vegetation" as referred to in Section
8.24.030F of the Village of Darien Municipal Code.