[Adopted 7-6-2004 by Ord. No. 04-O-8]
This code is adopted pursuant to § 61.34(1), Wis. Stats., for the purpose of preserving and promoting the public health, safety and general welfare of the Village and its environs. This includes, among others, physical, aesthetic and monetary values. The Village Board recognizes that when commercial buildings or structures and surrounding premises are in a state of disrepair and disorder a condition is created which may cause or contribute to injury of persons or property, unsanitary conditions endangering the health and safety of persons using the premises and depreciation of real property values in the Village, each of which conditions constitutes a public nuisance and threat to the health, safety and general welfare of the Village.
Every owner and operator of commercial property shall improve and maintain all property under his or its control to comply with the following minimum requirements:
A. 
Drainage. All courts, yards or other open areas on the premises shall be properly graded to divert water away from all buildings or structures thereon toward the closest stormwater drain by sloping ground surfaces next to any building or structure by a grade of at least 1/2 inch per foot for a minimum of five feet where possible or by other means such as eaves, troughs and downspout extensions where such grading is not possible. Stormwater shall not be directed onto premises of an adjacent property owner unless such owner consents in writing to such diversion.
B. 
Weeds. All exterior property areas on the premises shall be kept free from noxious weeds as required by Chapter 190, Nuisances, § 190-2F of this Code. If the owner or operator fails to observe this requirement within five days after being notified by the Director of Public Works, the Director shall cause such weed cutting and notify the Village Clerk-Treasurer of the charge therefor, which shall be imposed as a special assessment against such property in accordance with § 66.0627, Wis. Stats.
C. 
Storage of property; removal of debris and litter.
(1) 
Property not in good operating condition and usable or for sale on the premises shall not be stored outside on the premises.
(2) 
All exterior property areas shall be properly maintained in a clean and sanitary condition, free from litter, debris, rubbish or garbage, physical hazards, rodent harborage and infestation and animal feces which could or may cause fire, safety or health hazards or a serious blighting influence on surrounding properties or the Village. Any animal feces or other debris prohibited by this subsection shall be removed within 24 hours of deposit on the property.
(3) 
Rocks, trees, stumps, waste building material, garbage, refuse, waste tires and vehicles, parts and debris from land development, building construction, street grading, installation of underground utilities or commercial operations on or off premises shall not be disposed of or stored on the land except in leakproof receptacles secured against rodents with permanent covers on a temporary basis for not exceeding 10 days. All outside refuse, litter, garbage or trash receptacles shall be screened.
(4) 
All land filling operations shall be leveled off to permit mowing of weeds between June 1 and November 1. This includes the removal of stones, bottles, wire and other debris that will interfere with or endanger mowing operations.
D. 
Fences, walks and parking areas. Fences, other minor constructions, walks, driveways and approaches, parking areas and similar paved areas shall be properly maintained in a safe, sanitary and structurally sound condition, including but not limited to elimination of holes, excavations, wet spots, breaks, rough surfaces and lumps. Walks and walkways shall provide all-weather access to buildings or structures for employees and members of the public.
E. 
Exterior surfaces to be protected. Exterior surfaces of buildings and structures, including fences, planters, commercial signs and retaining walls, shall be kept neat and attractive in appearance and structurally sound. 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. Exterior surfaces of buildings and structures treated with paint or other surfacing or a preservative shall be maintained to prevent chipping, cracking or other deterioration and to cause the building or structure to present an attractive appearance. Stone or brick shall be adequately tuck-pointed. All paint, preservative or other surfacing shall be applied in a workmanlike fashion. Graffiti is prohibited and shall be removed by the owner or operator or by Village and the cost of removal charged against the property as provided in § 66.0627, Wis. Stats.
F. 
Landscaping and plantings. Landscaping, plantings and other decorative surface treatments, including common species of grass, shall be installed and maintained in all courtyard areas to present a neat and attractive appearance and not present or create hazards to adjoining properties or persons or vehicles traveling on public highways or depreciate the appearance and value of the neighborhood or Village. Yard areas shall be kept in a clean and sanitary condition, free from any accumulation of combustible or noncombustible materials not used as an integral part of the authorized business carried out on the premises, debris or refuse. Yards shall not be used to store appliances, furnaces, hot-water heaters, water softeners or building material not used within five days of deposit thereon or any unsightly bulk items which are not raw materials used in the business carried out on the premises.
G. 
Buildings and structures to be maintained in safe condition. Every foundation, exterior wall and roof shall be reasonably weathertight, watertight and rodentproof and kept in proper repair and capable of affording privacy. Any hazardous, sagging or bulging of a building or structure of part thereof shall be properly repaired to level or plumb position. All chimneys and breaching shall be so constructed and maintained as to ensure safe and proper removal of combustion products from the building or structure.
H. 
Windows and doors. Every window, exterior door and basement hatchway shall be reasonably weathertight, watertight and rodentproof and kept in proper repair. All door and window hardware shall be installed and maintained in proper working condition.
I. 
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 kept in proper condition and repair and present an attractive appearance. All exterior stairs and steps and every appurtenance thereto shall comply with the requirements specified in the Wisconsin Administrative Code.
A. 
This Commercial Exterior Property Maintenance Code shall be enforced by the Village Building Inspector, Dane County Sheriff, Chief of the Fire Department and Director of Public Works in accordance with the provisions of § 190-5, Abatement of public nuisances, of this Code.
B. 
Whenever the Building Inspector or other responsible official determines that there are reasonable grounds to believe that provisions of this article or any order issued pursuant thereto has been or is being violated, the Building Inspector or responsible official shall give notice of such alleged violation to the owner or operator responsible for the property. The notice shall describe the violation and the required action to be taken to remedy the violation and shall include an order of abatement establishing the time within which such remedial action must be taken to avoid abatement by the Village and action by the Village to collect a forfeiture as provided in § 208-9 of this article.
C. 
Any person receiving a notice of violation of this article may receive a hearing before the Board of Appeals by filing a written petition requesting such hearing within 10 days after the date of such notice with the official issuing such notice setting forth a brief statement of the reason why such notice is in error.
D. 
Upon receipt of such petition, the responsible official shall notify the President of the Board of Appeals, who shall set a hearing date not later than 30 days after the date on which the petition was filed. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice and order should be modified or withdrawn. Following such hearing, the Board of Appeals shall reduce its decision to writing, including findings, conclusions and an order sustaining, modifying or withdrawing the original notice and order. The Board's determination shall be deemed a final order enforceable by the official who issued the original notice. Any person aggrieved by the decision of the Board of Appeals may seek relief therefrom in any court of competent jurisdiction as provided by the laws of this state.
Any person who shall violate any provision of this article or fail to comply with any of its requirements shall, upon conviction thereof, be subject to a forfeiture of not less than $200 nor more than $1,000 for each violation and, in addition, shall pay all costs, fees and expenses incurred by the Village for abatement of the violating condition. Each day such violation continues or occurs shall be considered a separate offense. Failure to promptly pay a forfeiture shall subject the violator to be sentenced to the county jail until such forfeiture is paid, but not exceeding 60 days.