[HISTORY: Adopted by the Village Board of the Village of Elm Grove 4-8-1996. Amendments noted where applicable.]
The Village Board hereby finds that the lack of maintenance of buildings and structures within the village is likely to substantially affect the health, safety and general welfare of the citizens of this community. To prevent or correct the existence of such adverse conditions and to achieve and maintain such levels of building environmental quality as will protect and promote the health and safety and general welfare, it is declared that there is a need for the establishment of standards relating to the maintenance and repair of buildings, structures and surrounding areas in the village. It is further declared that failure to maintain buildings or other structures in a reasonable state of repair or to keep the exterior or buildings in a reasonably attractive condition affects the value of other properties in the area, and adversely affects the environment and living conditions in the area, and that each of the aforesaid conditions may create a public nuisance.
It is the purpose of this chapter to assist in preventing property deterioration and the creation of unsafe conditions in all buildings.
The provisions of this chapter shall apply uniformly to the maintenance of all buildings and structures and areas surrounding the same, irrespective of when or under what condition or conditions such buildings were originally constructed.
This chapter shall be known and may be cited as the "Elm Grove Property Maintenance Code."
For the purpose of this chapter, the following words and phrases shall have the meanings assigned to them in this section. Words and phrases not herein otherwise defined shall have the meanings accepted by common usage.
- Approved by the local authority having such administrative authority.
- That portion of any structure which is below grade, or which is partly below and partly above grade but so located that the vertical distance from the grade to the floor is greater than the vertical distance from the grade to the ceiling.
- BLIGHTING INFLUENCE
- A condition having an adverse effect on the health, safety, welfare or economic value of surrounding properties or the Village of Elm Grove in general or which endangers life and property by fire or other causes. In determining whether a condition has an adverse effect on the economic value of surrounding properties or the Village of Elm Grove in general, the professional opinion of the Village Assessor as to the economic impact, if any, a condition has on surrounding properties shall be deemed to be relevant evidence.
- Any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery or materials.
- Broken concrete, bricks, blocks or other mineral matter; bottles, porcelain and other glass or crockery; boxes; lumber (new or used), posts, sticks, or other wood; tree branches, brush, yard trimmings, grass clippings, and other residues; paper, rags, cardboard, excelsior, rubber, leather, plastic, wire, tin and metal items; discarded household goods or appliances, junk lawn mowers, tar paper, residues from burning or any similar materials which constitute health, fire or safety hazards or which contribute to a blighting influence upon the immediate or surrounding area.
- The condition or appearance of a building or structure or part thereof, characterized by breaks, holes, rot, crumbling, cracking, peeling, rusting, inadequate paint or other evidence of decay or neglect.
- Suitable, and zoned for, occupancy by human beings with reasonable comfort and safety.
- Any old scrap metal, metal alloy, synthetic or organic material or waste, or any abandoned, junked, ruined, dismantled or wrecked motor vehicle, recreational vehicle, boat, or machinery, or any part thereof, whether salvageable or not, or any discarded household goods or appliances. An unlicensed motor vehicle shall be construed to be a junked motor vehicle as set forth in Chapter 335, Zoning.
- Lot, plot or parcel of land including the buildings or structures thereon or any part thereof.
- REASONABLY TIGHT
- That the item so described shall fit so as to exclude wind, rain or moisture or vermin, pests, bugs, insects, rodents or other similar items.
- All solid waste (pustrescible and nonputrescible, combustible and noncombustible), including garbage, ashes and solid material and industrial wastes including, but not limited to, rubbish and junk.
- Any combustible or noncombustible waste material or debris as defined in this section except refuse, including, but not limited to, cans and metal items, leaves and grass clippings, except when being composted, or any similar materials.
- An open space at grade on the same lot as the building or structure located between such building or structure and the adjoining lot line and/or street line.
The Building Inspector and the Zoning Administrator of the Village of Elm Grove shall each have authority to administer and enforce the provisions of this chapter and are hereby authorized and directed to make inspections when probable cause exists to believe that a violation exists. The Building Inspector or Zoning Administrator, with the aid of the Village Attorney, shall enforce the provisions of this chapter by forfeiture action and/or injunction.
The Building Inspector or Zoning Administrator shall provide reasonable notice under the circumstances to the owner, operator, or occupant of a building or structure in the village of the date and time for any inspection.
For the purpose of making inspections, the Building Inspector or Zoning Administrator is authorized to enter, examine and survey all buildings, structures or premises within the Village of Elm Grove. In the event the Building Inspector or Zoning Administrator is denied access to a building, structure or premises, the Building Inspector or Zoning Administrator may apply to the Municipal Court or Circuit Court for a special inspection warrant.
All dwellings and dwelling units in the village shall be equipped with the following, which shall be in working order and which shall be in compliance with all applicable state, federal or village codes and regulations:
Adequate plumbing kept in good working condition, which includes:
Two means of exit from each dwelling unit.
Handrails on all stairways.
The following constitute the minimum standards for light, heat, and ventilation for buildings and structures in the village:
Habitable rooms and toilet rooms shall have reasonably adequate ventilation.
Electric service shall be maintained in operable condition in all habitable buildings in the village and shall include the following:
To provide protection from insects, all habitable buildings shall be equipped with screen windows and screen doors which shall be maintained in good repair.
To provide protection from rodents, all buildings and structures in the village shall be maintained to provide reasonably tight floors, walls, foundation and roof and broken basement windows shall be repaired.
The landscape of all premises within the village shall be maintained as follows:
Graded and maintained to prevent water from accumulating.
Graded to prevent runoff damage to adjacent properties.
Landscaped to prevent a blighting influence upon the neighborhood.
Maintained such that refuse or debris does not accumulate or blow onto neighboring properties.
Maintained such that there is no accumulation of refuse or debris except such items which are scheduled for pickup and disposal within a reasonable period of time.
No outdoor storage of equipment or materials that unreasonably detracts from, or has a blighting influence upon, the neighborhood.
Removal of excavated dirt piles within a reasonable time period to be determined by Building Inspector or Zoning Administrator, taking into consideration the nature of the project involved and seasonal weather conditions.
All buildings, structures and property in the village shall be maintained as follows:
Floors, walls, foundations and roofs shall be weathertight and kept in good repair.
Exteriors shall be maintained by painting or otherwise protected to prevent deterioration or a blighting influence upon neighboring properties.
Stairs and porches shall be kept in good repair and free from refuse and debris.
Buildings shall be equipped so as to provide adequate roof drainage to protect the building and shall be kept in good repair so as not to detract from neighborhood and oriented so that discharge does not create problems on adjacent public property.
Chimneys and smoke pipes shall be kept clean and in good repair.
No construction equipment, maintenance equipment, or maintenance implement shall be stored or remain in the street, yard or public right-of-way except during such time that construction or maintenance activities are in progress.
Except during the course of repair or replacement work or due to emergency, the following services shall be maintained without interruption or discontinuation of service for each habitable building in the village:
Any person who shall violate any provision of this chapter or any rule or regulation made under this chapter shall be subject to a penalty as provided in § 1-16 of this Code.