City of Burlington, WI Chapter 181 Property Maintenance Code

[HISTORY: Adopted by the Common Council of the City of Burlington 8-1-2023 by Ord. No. 2099(5).[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance also repealed former Ch. 181, Housing Standards, adopted 1-5-1988 by Ord. No. 1203(25) as §§ 21.01 and 21.02 of the 1988 Code, as amended.

§ 181-1 Intent; purposes; title.

A. Intent. This chapter is adopted to preserve and promote the public health, safety, comfort, convenience, prosperity and general welfare of the people of the City and its environs, including, but not limited to, physical, aesthetic, and monetary values. The establishment and enforcement of minimum standards of habitation and property conservation is necessary to preserve and promote the private and public interest.

B. Purpose. The purpose of this chapter is to recognize the private and public benefits resulting from the safe, sanitary and attractive maintenance of residential and nonresidential buildings, structures, yards and vacant areas by adopting minimum standards. Attractive and well-maintained property will enhance the neighborhood and the City as a whole by maintaining physical, aesthetic and monetary values. With respect to rental housing, it is necessary to adopt minimum regulations regarding human habitation to protect the health, safety, and general welfare of tenants within the City.

C. Title. This chapter shall be referred to as the "Property Maintenance Code."

§ 181-2 Applicability.

A. General. The provisions of this chapter shall apply to all properties and buildings within the City and its jurisdiction.

B. Historic buildings. The provisions of this chapter shall be mandatory for existing buildings or structures designated as historic buildings except as otherwise allowed or regulated by this Code or state or federal regulations.

§ 181-3 General maintenance required; definitions; exception.

A. Exterior premises. The exterior of all properties (including but not limited to the entire parcel of real property together with all structures and improvements, yard, and open space on the premises) shall be maintained in a clean, safe and sanitary condition, free from accumulation of any combustible or noncombustible materials, debris and refuse.

B. Definition of "debris and refuse." For purposes of this chapter, "debris and refuse" shall include but not be limited to broken concrete, bricks, blocks or other mineral matter; bottles, porcelain and other glass or crockery; boxes; new and used lumber or other wood that is not part of a structure or that is not used as firewood and is not stacked or stored in a neat manner on the property; paper, rags, animal waste, cardboard, rubber, plastic, wire, tin and metal materials; discarded household goods or appliances, junk lawn mowers, snowblowers, tires, tire rims or used motor vehicle parts, machine parts, junked boats or junked recreational vehicles; tar paper residue from burning or similar materials which constitute health, fire or safety hazards or any other materials that have a detrimental visual and aesthetic impact upon the neighborhood in which the property is located or the City in general, which tend to cause a blighted condition as defined under state law, or which emit a noxious, foul or offensive odor.

C. Exception. The provisions of this chapter shall not apply to materials stored or maintained on a property in conjunction with any business, manufacturing or other use which meets applicable Code, including but not limited to fire, building and zoning code, requirements and restrictions.

§ 181-4 Specific maintenance required.

A. Exterior walls and foundations.

(1) Weathertight, rodent- and insect-proof exterior required. Every foundation and exterior wall shall be reasonably weathertight, rodent-proof, insect-proof and shall be kept in a good and sound condition and state of repair. The foundation elements shall adequately support the building at all points. Any sagging or bulging shall be properly repaired to a level or plumb position. All chimneys and breeching shall be so constructed and maintained so as to ensure that they safely and properly remove the products of combustion from the building.

(2) Structural safety. Structural members shall be maintained free from deterioration and shall be capable of safely supporting the imposed dead and live loads.

B. Paint and other preservatives. Exterior surfaces of buildings, fences and other 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. Any exterior surface treated with paint or other preservative shall be maintained so as to prevent chipping, cracking or other deterioration of the exterior surface or the surface treatment and to present an attractive appearance. Missing or damaged siding shall be promptly replaced.

C. Doors, windows and basement hatchways.

(1) Tight fitting required. Every window, screen, and basement hatchway shall be tight and shall be kept in a good and sound condition and state of repair. Every window sash shall be fully supplied with glass windowpanes or an approved substitute which is without open cracks or holes. Every window sash shall be in good condition and fit well within its frame.

(2) Exterior doors. Every exterior door, door hinge and door latch shall be maintained in a good and sound condition and state of repair. Exterior doors, when closed, shall fit tight and well within their frames.

(3) Insect screens. During the period from April to October, every door, window, and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved, tightly fitting screens, and every screen door used for insect control shall have a self-closing device in good working condition

(a) Exception. Screens shall not be required where other approved means, such as air curtains or insect-repellant fans, are employed.

(4) Guards for basement windows. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents.

D. Porches, railings, stairways, decks, balconies, platforms and patios. Every outside stair, porch, balcony, platform, patio and appurtenance thereto shall be so constructed to be safe to use and capable of supporting normal loads as required by the Burlington Uniform Building Code[1] and shall be kept in a good and sound condition and state of repair.

(1) Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.

[1] Editor's Note: See Ch. 115, Building Construction.

E. Roofs and drainage.

(1) Roof drainage and prohibition of leaks. All roofs shall be maintained so as not to leak and all water shall be so drained and conveyed therefrom so as to not cause damage to the exterior walls, interior walls, eaves, soffits or foundations.

(2) Landscape drainage. All courts, yards or other areas on the premises shall be properly graded to divert water away from the building. Ground surface adjacent to the building shall be sloped away from the structure where possible and shall not cause nuisance water to flow onto neighboring properties.

F. Fence and retaining wall requirements.

(1) Fences. All fences shall be properly maintained and kept in a good and sound state of repair.

(2) Retaining walls. Retaining walls shall be structurally sound. No retaining wall shall be constructed or maintained in such a manner as to cause a repeated spillage of mud, gravel or debris upon any public sidewalk, street, alley or adjoining property.

G. Exterior property areas. All exterior property areas shall be properly maintained in a clean and sanitary condition free from debris, rubbish or garbage, or physical hazards, rodent harborage and infestation, or animal feces.

H. Landscaping. All exterior property areas shall be kept free from noxious weeds as defined in § 227-3F of this Code. Landscaping, plantings and other decorative surface treatments including common species of grass shall be installed if necessary and maintained to present an attractive appearance in all court and yard areas.

I. Decorative features. Cornices, bely courses, corbels, terra cotta trim, wall facings, and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.

J. Overhang extensions. Overhang extensions, including, but not limited to, canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts, shall be maintained in good repair and properly anchored so as to be kept in a sound condition. Where required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.

K. Accessory structures. Accessory structures, including detached garages, fences, sheds, and walls, shall be maintained structurally sound and in good repair.

L. Motor vehicles. Except as provided for in other regulations, inoperative or unlicensed motor vehicles shall not be parked, kept or stored on any premises, and vehicles shall not at any time be in a state of disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth.

(1) Exception. A vehicle of any type is permitted to undergo major overhaul, including bodywork, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes in accordance with applicable Code sections.

M. Pools, spas and hot tubs.

(1) Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition, and in good repair. Stagnant water is prohibited.

(2) Enclosures. Private swimming pools, hot tubs and spas containing water more than 24 inches in depth shall be completely surrounded by a fence or barrier not less than 48 inches in height above the finished ground level measured on the side of the barrier away from the pool.

(a) Exception. If a spa or hot tub is outfitted with a securely locking, tightly fitted cover, the spa or hot tub will not require an enclosure.

§ 181-5 Access to property.

After presenting proper identification, the Building Inspector, the contracted code enforcement agency, Police Chief, Fire Chief, or their respective deputies or designees shall be permitted to enter upon any property at any reasonable time for the purpose of making inspections to determine compliance with this chapter and related ordinances. If denied access, a special inspection warrant may be requested for such access, pursuant to § 66.0119, Wis. Stats., as amended from time to time.

§ 181-6 Enforcement.

A. Order to correct conditions. Whenever the City, through its agents or employees, shall, upon inspection of the premises within the City, find the condition of the property or premises is in violation of this chapter, an order shall be issued to the owner (and occupant of the unit if different from the owner, and if the occupant is not the complainant) of the premises or property to correct said condition by the Building Inspector or designee or contracted code enforcement agency.

B. Contents of the order to correct shall include:

(1) A description of the premises and the violation of the chapter;

(2) A statement of the correction necessary to bring the property into compliance;

(3) A statement specifying the time within which the owner and occupant shall comply with the order;

(4) A statement of the imposition of reinspection fees per Subsection I below; and

(5) A statement of the penalty section of the ordinance for noncompliance.

§ 181-7 Service of order.

The order shall be served on the owner (and occupant if different from the owner) by delivering the same to and leaving it with any adult competent person in charge of the premises or in case no such person is found upon the premises by affixing a copy thereof in a conspicuous place near the entrance of the premises accompanied by regular mail to the owner and occupant of the premises.

§ 181-8 Failure to comply; declaration of public nuisance.

A. Failure to comply.

(1) Citation. Any person, firm or corporation violating any provision of this chapter shall be subject to the general penalty provisions of this Code found in § 1-4 of the Code. A citation may be issued pursuant to § 1-5 of this Code.

(2) Cause work to be done. Upon failure to comply with an order where there is proof of service of said order which requires that any premises or property be cleaned or condition abated or improved in accordance with this chapter, the City may cause such cleaning, improvement, abatement or removal of the offending combustible or incombustible materials, debris or refuse. Such repair or removal shall be deemed a special benefit to such property and the costs of the same shall be charged against the owner(s) of the property. If the cost of the same is not paid within 60 days, it shall be levied as a special charge against the property as authorized by § 66.0627, Wis. Stats.

(3) Injunctive relief. In addition to other applicable enforcement procedures, the City shall have the right to abate any violation of this chapter by an action for injunctive relief in Racine County Circuit Court.

B. Declaration of public nuisance. A violation of this chapter is deemed a public nuisance and may be proceeded against as set forth under Chapter 227 of this Code and Chapter 823 of the Wisconsin Statutes.

§ 181-9 Reinspection fees.

A. The following fees shall be imposed for the administration of this chapter:

(1) First reinspection fee of $75 per parcel of property upon verification of continued violation by the City Building Inspector or designee.

(2) Each additional reinspection after the first reinspection fee is $100 per parcel of property.

B. If a property owner fails to pay such fees after billing, the City may impose such fees against the property as a special charge pursuant to § 66.0627, Wis. Stats., and collect such charges on the property tax bill each year.

§ 181-10 Appeal.

Any person affected by any notice or order which has been issued in connection with the enforcement of any of the provisions of this chapter may request and shall be granted a hearing before the Common Council. Requests for such hearing shall be filed with the Clerk no later than five business days from the date of the notice or order.

§ 181-11 Violations and penalties.

The penalty for the violation of this chapter (the Property Maintenance Code), or any rule, notice, or order promulgated hereunder, shall be as provided in Chapter 1, § 1-4, of this Code.