[Adopted 4-20-1999 by Ord. No. 99-007
(Ch. 135)]
This article shall be known as the "City of Oconto Falls Exterior Commercial
Minimum Maintenance Code."
A.
This article is adopted for the purpose of preserving
and promoting the public health, safety, comfort, convenience, prosperity,
and general welfare of the people of the City and environs, including, among
others, physical, aesthetic, and property values.
B.
It is recognized that there may now be or may in the
future be commercial buildings, structures, yards or vacant areas, and combinations
thereof which are so dilapidated, unsafe, dangerous, unhygienic, overcrowded,
unsightly and inadequately maintained or lacking basic equipment or facilities,
light, ventilation, and heating so as to constitute a menace to the health,
safety, and general welfare of the people. The establishment and enforcement
of minimum commercial property maintenance standards are necessary to preserve
and promote the private and public interest.
A.
Rules. In the construction of this article, the rules
and definitions contained in this section shall be observed and applied, except
when the context clearly indicates otherwise.
(1)
Words used in the present tense shall include the future.
(2)
Words used in the singular number shall include the plural
number, and the plural the singular.
(3)
The word "shall" is mandatory and not discretionary.
(4)
The word "may" is permissive.
(5)
The phrase "used for" shall include the phrases "arranged
for," "designed for," "intended for," "maintained for" and "occupied for."
A.
Minimum requirements. Every owner or operator shall improve
and maintain all property under his control to comply with the following minimum
requirements:
(1)
Drainage.
(a)
All courts, yards, or other areas on the premises shall
be properly graded to divert water away from any building or structure.
(b)
Water shall not be permitted to drain from paved driveways,
paved parking areas, rooftops, eaves troughs or downspouts onto adjoining
properties.
(c)
Water from rooftops, eaves troughs, downspouts, sump
pumps or surface drainage shall not be diverted via direct connections to
the municipal sanitary sewer system. Existing connections shall be severed,
at the owner's expense and in accordance with this Code, as of the date of
adoption of this article.
(2)
Weeds. All exterior property areas shall be kept free
from noxious weeds as required by this Code. Where weed cutting is required,
the Administrator - Clerk/Treasurer or designee shall perform said weed cutting
and process the charge therefor as a special assessment against the benefitted
property.
(3)
Debris. All exterior property areas shall be properly
maintained in a clean and sanitary condition free from debris, rubbish or
garbage, physical hazards, rodent harborage and infestation, and animal feces.
All animal feces shall be removed as specified within this Code.[1]
(4)
Fences, walks and parking areas. Fences, other minor
construction, walks, driveways, parking areas, and similar paved areas shall
be properly maintained in a safe, sanitary, and substantial condition. Approved
walks shall provide all-weather access to buildings or structures.
(5)
Exterior surfaces. Exterior surfaces of 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. Any
exterior surface treated with paint or other preservative shall be maintained
to prevent chipping, cracking or other deterioration of the exterior surface
of the surface treatment and to present an attractive appearance. All paint
or other preservative shall be applied in a workmanlike fashion.
(6)
Yard areas. Yard areas of real estate shall not be permitted
to deteriorate or remain in a condition that is not in accord with the following:
(a)
Yard areas shall be kept in a clean and sanitary condition,
free from any accumulation of combustible or noncombustible materials, debris,
or refuse. Orderly staked firewood consisting of unmilled and
unsawed wood products in minimal quantities is permitted.
(b)
Yards shall not be used to store appliances, furnaces,
hot-water heaters, water softeners, or building material not used within 10
days, or any unsightly bulk items.
(c)
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. Lawns shall
be maintained to a height in compliance with this Code.
(d)
Plantings shall be maintained so as not to present hazards
to adjoining properties or to persons or vehicles traveling on public ways
and shall be maintained so as to enhance the appearance and value of the property
on which located, and thereby the appearance and value of the neighborhood
and City. The City, after due notice to the property owner, will cause to
be cut or trimmed nonconforming areas and place said cost as a special charge
due against the property.
(7)
General requirements. Every foundation, exterior wall,
and floor and roof shall be reasonably weathertight, watertight, and rodentproof
and shall be kept in proper repair and shall be capable of affording privacy.
Any hazardous sagging or bulging shall be properly repaired to a level or
plumb position. All chimneys and breaching shall be so constructed and maintained
as to ensure that it safely and properly removes the products of combustion
from the building and is not hazardous to the structure's occupants or the
general public.
(8)
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.
(9)
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 shall be kept in proper condition and repair and shall
present an attractive appearance. All exterior stairs and steps and every
appurtenances thereto shall comply with the requirements specified in the
Wisconsin Administrative Code.
(10)
Abandoned fuel oil tanks. All fuel oil tanks shall be
removed from the building. All unused and abandoned underground fuel oil tanks
shall be removed in accordance with regulatory agency policies and orders.
(11)
Removal of debris.
(a)
No person shall dispose of rocks, trees, stumps, waste
building material, or other debris from land development, building construction,
street grading, or installation of underground utilities upon the surface
of any land in the City, except at approved disposal sites.
(b)
No landowner shall allow an accumulation of rocks, trees,
stumps, waste building material or other debris from land development, building
construction, street grading, or installation of underground utilities upon
the surface of his land for a period of more than 10 days.
(c)
All lands within the City shall be leveled off to permit
the mowing of weeds as outlined within this Code. This includes the removal
of stones, bottles, wires and other debris that will interfere with mowing
operations.
Every owner, operator, or occupant of a commercial property, or part
thereof, shall maintain that portion of the exterior of the property controlled
by him.
Whenever the Building Inspector or another City official determines that there are reasonable grounds to believe that there has been a violation of any provision of this article or any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person or persons responsible therefor and commence an enforcement action pursuant to § 278-5 of this chapter.
In any case where a provision of this article is found to be in conflict
with a provision of any zoning, building, fire, safety or health ordinance
or codes of this City existing on the effective date of this article, the
provision which establishes the higher standard for the promotion and protection
of the health and safety of the people shall prevail.
