Article 11.010 Administration

In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements for the promotion and protection of public health, safety, morals, and general welfare.

Where the conditions imposed by any provisions of this Ordinance are either more or less restrictive than comparable standards imposed by any other provisions of this Ordinance or of any other applicable law, Code, Ordinance, resolution, rule, or regulation of any kind, the regulation that is more restrictive or that imposes higher standards or requirements shall govern.

(7)

Separability. It is hereby declared to be the intention of the Village Board of the Village of Belleville that the several provisions of this Ordinance are separable in accordance with the following:

If any court of competent jurisdiction shall adjudge any provision of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included in said judgment; and

§ 11.012 Inspection authority and access procedures.

If any court or competent jurisdiction shall adjudge invalid the application of any provision of this Ordinance to a particular property, building, or structure, such judgment shall not affect the application of said provision to any other property, building, or structure not specifically included in said judgment.

(8)

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

§ 11.013 Penalties for violations of this ordinance and failure to maintain property.

Persons authorized to conduct inspections. Agents of the Village authorized to conduct inspections pursuant to this Chapter shall include the Building Inspector, Zoning Administrator, Police Department, Fire Department, Director of Public Works or their qualified designees.

(2)

Inspection with consent. Authorized agents of the Village, upon display of proper identification and the consent of the owner, owner’s agent, occupant, or other responsible person, may enter any structure or premises (locked or unlocked) at any reasonable time to determine whether said structures or premises comply with the provisions of this Ordinance. No person shall obstruct or resist any authorized agent of the Village acting in his or her official capacity and with lawful authority.

(3)

Special inspection warrant. The provisions of this Ordinance shall not be construed to allow an authorized agent of the Village to inspect structures or premises without the consent of the owner, owner’s agent, occupant, or other responsible person. If said person refuses to permit an inspection, an authorized agent of the Village may apply to a court for a warrant to inspect the structure and premises pursuant to Section 66.0119, Wis. Stats. In cases of emergency, a special inspection warrant shall not be required.

(4)

Access by owner or operator. The provisions of this Chapter shall not restrict the owner, owner’s agent, or other responsible person lawful access to structures or premises for the purpose of inspecting, maintaining, repairing, or altering the structure or premises as necessary to comply with the provisions of this Chapter.

(5)

Confidentiality of complaints. If the Village receives a complaint regarding the maintenance of a structure or premises, the Village may request contact information of the complainant. However, the Village shall endeavor to keep the identity of all complainants confidential unless a complainant desires his or her name to be revealed. The Village shall reveal a complainant’s identity if ordered by a court or required by law.

(6)

Inspections resulting from anonymous complaints. Anonymous complaints shall not cause the Village to inspect the interior of a structure unless there is reason to believe there is immediate and grave danger to the occupants of the structure or to the occupants of structures on adjacent properties.

Penalties. If any responsible person, as defined herein, fails to comply with any provision of this ordinance a citation will be issued to the responsible person for the violation. The violation shall be referred to the Village Attorney who shall expeditiously prosecute all such violators. A violator shall, upon conviction, forfeit to the Village a penalty of not less than fifty dollars ($50.00) nor more than one hundred fifty dollars ($150) per offense, together with the taxable costs of such action plus reasonable attorney's fees. Each day of continued violation shall constitute a separate offense. Every violation of this Ordinance is a public nuisance, and the creation may be enjoined, and the maintenance may be abated by action at suit of the Village, the State of Wisconsin, or any citizen thereof. Any subsequent and similar violations of this Ordinance within a twelve (12) month period shall be considered a continued offense and as such may cause the usual penalty to double for each subsequent and continued offense up to the maximum allowed by this Chapter.

(2)

Responsible person’s liability to Village for costs of correction of violation.

Notification of failure to maintain property. An authorized agent of the Village shall serve written correction orders upon the owner, the owner’s agent, or other responsible person, by certified mail or by delivering the order to him or her personally. If the owner, his or her agent, or other responsible person cannot be found, an authorized agent of the Village shall do one (1) or more of the following:

Deliver and describe the written correction order to a person of suitable age and discretion at the owner’s or owner’s agent’s regular place of abode; and/or

Post the written correction in a conspicuous place on the structure or property affected by the order.

Collection of costs incurred by the Village. If any owner, owner’s agent, or other responsible person fails to comply with this Ordinance; and after written notice given by an authorized agent of the Village as described in Section 11.013(2), has not complied with the correction orders within the time specified in the written notice, the Village may cause such maintenance to be performed. The Finance Director/Treasurer or other authorized agent shall certify to the County Treasurer of Dane or Green County a statement of the cost incurred by the Village to correct the deficiencies. Costs will include all expenses incurred associated with bringing the property into compliance with this Ordinance, including but not limited to administrative and clerical costs, notification and publication fees, equipment charges, tipping fees, contractor fees, and other related expenses. The cost thereof shall be a lien upon such real estate and shall be a personal liability of the owner of said real estate, collectable as any other money judgment. Such amount, together with interest, shall be entered as a special assessment against such lot or parcel of land and may be collected in the same manner as real estate taxes.

§ 11.014 Procedures for razing and vacating structures.

Enforcement of other ordinances and codes. The provisions in this Ordinance are intended to be coordinated with the enforcement of other Village Ordinances and codes including the adopted building codes.

Razing structures. Pursuant to Section 66.0413, Wis. Stats., the Village Board, Building Inspector, or other authorized agent of the Village may order the owner of a structure to raze the structure if one (1) or more of the following conditions exist:

A structure is dangerous, unsafe, unsanitary, or otherwise unfit for human habitation, and unreasonable to repair.

There has been a cessation of normal construction of a structure for a period of more than two (2) years.

(2)

Reasonableness of repair. Except as provided in Section 66.0413(3), Wis. Stats., and in the Village’s Historic Preservation Ordinance (Section 16.133) for the razing of historic buildings, if the Village Board or Building Inspector or other authorized agent determines that the cost of repairs of a structure ordered by the Village would exceed fifty percent (50%) of the assessed value of the structure divided by the ratio of the assessed value to the recommended value as last published by the Village Assessor, then the repairs are presumed unreasonable for the purposes of this Ordinance and the property will be ordered to be razed.

(3)

Structures unfit for occupancy. If the Building Inspector or other authorized agent of the Village determines that a structure is dangerous, unsafe, unsanitary, or otherwise unfit for human habitation, occupancy, or use, but is not in danger of structural collapse, then the Building Inspector or other authorized agent of the Village shall post a placard on the premises pursuant to the provisions of this Chapter. The Building Inspector or other authorized agent of the Village shall prohibit use of the structure for human habitation, occupancy, or use until all necessary repairs have been made to the satisfaction of the Village. This shall be determined in conformance with Section 12.10 of this Code and Section 66.0413, Wis. Stats.

(4)

Unlawful structures. If any structure, or any part thereof, is occupied by more occupants than permitted under this Chapter or is erected, altered, or occupied contrary to this Chapter, such structure shall be declared an unlawful structure, and the Building Inspector or other authorized agent of the Village shall post a placard on the premises pursuant to the provisions of this Chapter. No person shall again occupy said structure until it or its occupation conforms to this Chapter.

(5)

Posting of placard. The Building Inspector or other authorized agent of the Village shall post a placard on any structure declared as unlawful or unfit for human occupancy. The placard shall include the following text:

“Village of Belleville, Wisconsin”

Name of the authorized department having jurisdiction.

The section(s) of this Ordinance and the State Statute under which the placard is posted.

(d)

An order that the structure be vacated and remain vacant until the order is withdrawn. The order shall include the statement: “This Building May Not Be Used for Human Habitation, Occupancy, or Use.”

(e)

The date the placard is posted.

(f)

A statement of the penalty for defacing or removing the placard.

(6)

Removal of placard. A placard posted in accordance with this Chapter shall be removed by the Building Inspector or other authorized agent of the Village only after the defects upon which the placard action was based are eliminated. No other person shall deface or remove a placard from any structure that the Village has condemned or declared unlawful or unfit for human habitation, occupancy, or use. Unauthorized removal of said placard shall be considered a violation of this Chapter and prosecuted pursuant to the provisions of this Ordinance.

(7)

Content of raze order. Whenever the Building Inspector or other authorized agent of the Village placards a structure as unlawful or unfit for human habitation, he or she shall notify the owner or owner’s agent of said structure. The notice shall be in writing and shall include the following:

A description of the real estate sufficient for identification.

A description of the conditions to be corrected and the basis for the raze order.

§ 11.015 Procedures for repairing or removing structures damaged by fire or structures being razed or removed with an approved raze permit.

The time by which the conditions must be corrected.

(d)

The time by which the occupants must vacate the structure.

(8)

Service of raze order. A raze order pursuant to the provisions of this Chapter shall be 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 pursuant to the provision of this Chapter 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, Wis. Stats. If the owner and the owner’s agent cannot be found or if the owner is deceased and an estate has not been opened, the 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, Wis. Stats. before the time limited in the order begins to run. The time limited in the order begins to run from the date of service on the owner or owner’s agent or, if the owner and agent cannot be found, from the date that the order was posted on the structure.

(9)

Effect of recording raze order. If a raze order issued under the provisions of this Chapter is recorded with the Dane or Green County Register of Deeds, the 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.

(10)

Failure to comply with the raze order. If the owner of a structure fails to comply with a raze order issued under the provisions of this Chapter within the time prescribed, the Building Inspector or other authorized agent of the Village may proceed to secure the structure, or to raze the structure through any available public agency or by contract or arrangement with private persons. The cost of securing or razing the structure may be charged in full or in part against the real estate upon which the building is located, and if that cost is so charged it is a lien upon the real estate and may be assessed and collected as a special tax. Any portion of the cost charged against the real estate that is not reimbursed under Section 632.103(2), Wis. Stats., from funds withheld from an insurance settlement may be assessed and collected as a special tax.

(11)

Illegal occupation or use of structure. Any person who rents, leases, or occupies a structure that has been condemned for human habitation, occupancy, or use under this Chapter shall be fined not less than fifty dollars ($50) nor more than one hundred fifty dollars ($150) per day of violation or imprisoned not more than thirty (30) days for each week of the violation, or both.

Whenever any structure is damaged by a fire or is being razed or removed for any reason, the owner or owner’s agent shall obtain a Raze Permit before removing any part of the structure. Utilities shall be capped or disconnected as necessary or as directed by the Village. If the structure is partially burned, the owner or owner’s agent shall, within thirty (30) days of the completion of the investigation by the Fire Department, remove from the premises all refuse, debris, and charred and partially burned lumber and material. If the structure is burned to the extent that it is incapable of being repaired, the owner or owner’s agent shall, within thirty (30) days of the completion of the investigation by the Fire Department, remove from the premises all the remaining portion of the structure and fill the site with clean material to prevent the possibility of standing or stagnant water. Any structure being demolished, razed or removed with an approved Raze Permit shall be completely removed from the site and properly disposed of, including footings, foundations and floors. The site shall be filled with clean, suitable soil to prevent standing or stagnant water. If the structure is to be repaired, work shall begin within sixty (60) days and be completed within one hundred twenty (120) days of the completion of the investigation by the Fire Department. Exceptions to these timelines may be granted by the Building Inspector. Razing and demolition of any structures shall be done in conformance with Section 12.11 of this Code.

§ 11.016 Structure or uses encroaching on public lands.

If there is reason to believe that a private structure or use has encroached onto public lands, the Building Inspector, Zoning Administrator, or other authorized agent of the Village shall have cause to contact the party responsible for the encroachment.

The Building Inspector, Zoning Administrator, or other authorized agent of the Village may cause for a survey to be completed of the property in question.

If a survey is completed and an encroachment is shown to exist, the cost of such survey shall be charged to the party responsible for the encroachment.