[Adopted 8-7-2007 by Ord. No. 07-O-7]
It is hereby found and declared:
A.
That there exist in the Village premises in residential-zoned
districts which are or may become in the future substandard with respect to
structures, equipment or maintenance;
B.
That such conditions, including, but not limited to,
structural deterioration, lack of maintenance and appearance of the exterior
of the premises and appurtenant lawns, infestation and existence of fire hazards,
constitute a threat to the health, safety, general welfare and reasonable
comfort of the citizens of the Village;
C.
That by reason of lack of maintenance and because of
progressive deterioration, certain properties have the further effect of creating
blighting conditions and that if these conditions are not curtailed and removed,
they will grow and spread and will necessitate the expenditure of large amounts
of public funds to correct and eliminate;
D.
That as the result of the regulations and restrictions
contained in this article, the desirability and amenities of premises zoned
residential may be enhanced and the public health, safety and general welfare
may be protected and fostered.
The purpose of this article is to protect the public health, safety
and general welfare by establishing minimum standards governing the maintenance,
appearance and condition of residential zoned premises; to fix certain responsibilities
and duties upon owners and operators and occupants; to authorize and establish
procedures for the inspection of residential zoned premises; and to provide
for the repair, demolition or vacation of premises unfit for human habitation,
occupancy or use.
The following words and terms, wherever used in this article, shall
be defined as follows unless a different meaning clearly appears from the
context:
The condition of a building or part thereof characterized by holes,
breaks, rot, crumbling, peeling, rusting or other evidence of physical decay
or neglect, lack of maintenance or excessive use.
Any premises or building or part thereof which may be viewed by the
public.
The open space on the premises outside of any building thereon.
The control and elimination of insects, rodents, vermin and other
pests.
The presence of insects, rodents, vermin or other pests on the premises
that constitutes a health hazard.
Land covered with cool-season grasses maintained at a low height.
Canada thistle, leafy spurge, field bindweed (creeping jenny), purple
loosestrife, multiflora rose, burdock, common ragweed, great ragweed, garlic
mustard, goat's beard, poison ivy, wild parsnip, cocklebur, pigweed,
common lambsquarter, curled dock, hemp, English plantain and cirsium vulgaries
(bull thistle).
A lot or parcel of land, including the buildings and structures thereon
and its appurtenant land, if any.
Any person who, alone or jointly or severally with others, shall
have legal or equitable title to any premises, with or without accompanying
actual possession thereof.
A thing, act, condition or use of property which shall continue for
such length of time as to substantially annoy, injure or endanger the comfort,
health safety and general welfare of the public; in any way render the public
insecure in life or the use of property; or unlawfully and substantially interfere
with, obstruct or tend to obstruct or render dangerous for passage any street,
alley or other public way or the use of public property.
Waste shall include but not be limited to garbage, litter, refuse,
trash, rubbish, junk and debris.
Every building and the land on which it is located, used or intended
to be used shall comply with the provisions of this article, whether or not
such building or premises shall have been constructed, altered, repaired,
installed or planted before or after the effective date of this article.
A.
Maintenance of exterior of premises. The exterior of
the premises and all structures thereon shall be kept free of unsanitary conditions
and any hazards to the safety of the occupant, invitees, pedestrians and other
persons utilizing or coming on the premises. The exterior of every structure
on the premises, including fences or enclosures, shall be maintained in good
repair, free of broken glass, loose shingles, crumbling stone or brick, excessively
peeling paint, loose boards or other conditions indicative of deterioration
or inadequate maintenance, all to the end that the property itself may be
preserved, safety and fire hazards eliminated and adjoining properties protected
from blight. Any of the foregoing conditions are found to be public nuisances
and shall be promptly removed and abated by the property owner. Such public
nuisances include, but are not limited to, the following:
(1)
Waste.
(2)
Dead and dying trees and limbs or other natural growth
which by reason of rotting, deteriorating conditions or storm damage constitutes
a hazard to persons in the vicinity.
(3)
Sources of infestation.
(4)
Lack of maintenance to the exterior of the premises,
including open space, and the exterior of all structures thereon such that
the appearance of the premises and structures or waste or other property thereon
contributes to blight.
A.
This Residential Exterior Property Maintenance Code shall be enforced by the Village Building Inspector, Dane County Sheriff, Chief of the Fire Department and Public Works Supervisor/Director 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 § 208-16 of this article.
C.
Any person receiving a notice of violation of this article
may make request to the Village Clerk, within five days of receipt of notice
of violation, that a hearing be held before the Village Board. Such request
must be a written petition requesting such hearing and include a brief statement
of the reason why such notice is in error.
D.
Upon receipt of such petition, the Village Clerk shall
notify the President of the Village Board, who shall set a hearing date. 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 Village Board 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 Village Board may seek relief
from 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
forfeiture shall subject the violator to be sentenced to the county jail until
such forfeiture is paid, but not exceeding 60 days.
