Campbellsport City Zoning Code
ARTICLE IV
Minimum Property Maintenance Code
§ 500-27 Standards.
A.
Policy. There exist in the Village structures, residential yards or vacant areas, or combinations thereof, which are, or may become, unhygienic, dilapidated or unsafe with respect to structural integrity, equipment or maintenance and, as such, constitute a menace to the health, safety and welfare of the public. Lack of maintenance and progressive deterioration of certain properties have the further effect of creating blighted area conditions and, if such conditions are not curtailed and/or removed, the expenditure of public funds to correct and eliminate the same may be necessary. Timely regulation and restriction to contain and prevent blight is necessary, thereby maintaining the desirability and amenities as well as property values of the neighborhoods in the Village.
B.
Purpose. The purpose of this article is to protect public health, safety and welfare by establishing minimum property maintenance standards. This article does not replace or modify standards otherwise established by other portions of this Code for construction, repair, alteration or use of buildings. This article is meant to be remedial, and this article will be liberally construed to effectuate the purposes stated herein. Violation of the minimum standards set forth in this article will be deemed to be a public nuisance.
C.
Scope. These standards apply to all structures located in a residential zoned area and to all structures and sites used for residential purposes but zoned for other purposes.
D.
Minimum standards. It will be unlawful for any person to occupy or use or let or hold out to another for occupancy or use any building, structure or premises which does not comply with the requirements of this article.
§ 500-28 Definitions.
The following words, terms and phrases, when used in this article, will have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ABANDONED DWELLING
A dwelling which is not occupied, and which is not intended by the owner to be occupied within a reasonable period of time. A dwelling will be presumed to be abandoned if it is unoccupied for a period of 12 consecutive months. Occupancy required hereunder will be bona fide and not acquired for the sole purpose of defeating the abandonment of a dwelling.
ACCESSORY STRUCTURE
A structure, the use of which is incidental to that of the main building and which is attached or located on the same premises.
BLIGHTED AREA
Any area in which a majority of the structures are residential (or in which there is a predominance of buildings or improvements, whether residential or nonresidential), and which, by reason of dilapidation, deterioration, age or obsolescence; inadequate provision for ventilation, light, air, sanitation, or open spaces; high density of population and overcrowding; or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency and crime, and is detrimental to the public health, safety, morals or welfare.
BUILDING
Any structure built for the support, shelter and enclosure of persons, animals, chattels, or movable property of any kind, and which is permanently affixed to the land, or connected to a utility, and includes those structures resting on runners, wheels, or similar supports.
DETERIORATION
The condition or appearance of a building or part thereof characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting, or other evidence of physical decay, neglect, lack of maintenance or excessive use.
DILAPIDATED
Describes a building, structure or part thereof which is in a state of shabbiness resulting from neglect. The term implies a hazard to life or property.
DWELLING
Any enclosed space which is wholly or partly used or intended to be used for housing or sleeping by human occupants.
NUISANCE
Any public nuisance known at common law or in equity jurisprudence or as provided by the statutes of the state or the Village Code. Further, a public nuisance is a thing, act, occupation, condition or use of property which will continue for such length of time as to:
A.
Substantially annoy, injure or endanger the comfort, health, repose or safety of the public; or
B.
In any other way render the public insecure in life or in the use of the property.
OCCUPANT
A person living, sleeping or having actual possession of a building.
OWNER
Any person who, alone or jointly or severally with others:
A.
Will have legal title to any premises, with or without accompanying actual possession thereof; or
B.
Will have charge, care or control of any premises, as owner or agent of the owner, or an executor, administrator, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner will be bound to comply with the provisions of this article, and of rules and regulations adopted pursuant, to the same extent as if he were the owner.
PERSON
Any natural individual, firm, trust, partnership, association or corporation.
PREMISES
A platted lot or part thereof or unplatted lot or parcel of land or plot of land, either occupied or unoccupied by a dwelling or nondwelling structure and including any such building, accessory structure or other structure thereon.
REFUSE
All perishable and nonperishable solids (excluding ashes), consisting of either:
A.
Combustible wastes such as paper, cardboard, plastic containers, yard clippings and wood; or
B.
Noncombustible wastes such as tin cans, glass or crockery.
§ 500-29 Prohibition of litter, rubbish or debris.
No owner or occupant will accumulate or allow the accumulation outside of a building or accessory structure of waste matter, litter, refuse, rubbish, lumber, metal scraps, machine parts, discarded or nonfunctioning appliances, accessories, furniture or other material, including nonregistered vehicles, on such property, which presents a blighted appearance on the property or which constitutes a nuisance or which tends to decrease the value of neighboring properties. Yards will be kept substantially clear of debris and will be provided with adequate lawn or ground cover of vegetation, hedges or bushes. All areas not covered by any of the foregoing will be treated to prevent dust or the blowing or scattering of dust particles into the air. All trees, bushes, or vegetation which overhang a public entrance will be properly trimmed to avoid obstruction of the view and movements of vehicles and pedestrians.
§ 500-30 Housing appearance.
A.
Minimum standards. No person will occupy as owner-occupant or will let or hold out to another for occupancy any dwelling or family unit, for the purpose of living therein, or own or be in control of any vacant dwelling or dwelling unit, which is not safe, clean, sanitary, and fit for human occupancy, and which does not comply with the particular requirements of this section.
B.
Foundations, exterior walls and roofs. No person will be an owner or occupant of any premises which does not comply with the following requirements:
(1)
Every exterior wall will be free of deterioration holes, breaks, loose or rotting boards or timbers.
(2)
Structures that require paint or stain should have paint or stain applied at regular intervals to exterior building surfaces. When the building has more than 30% deterioration of its finished surface on any wall, that wall will be painted or stained. Such painting and staining will be completed within 90 days from the date of the first application. Paint will be uniform in color.
(3)
All cornices, moldings, lintels, sills, oriel windows, and similar projections will be kept in good repair and free from cracks and defects which make them hazardous or unsightly.
(4)
Roof surfaces will be tight and have no defects which admit water. All roof drainage systems will be secured and hung properly.
(5)
Chimneys, antennas, air vents, and other similar projections will be structurally sound and in good repair. Such projections will be secured properly where applicable to an exterior wall or exterior roof.
(6)
The foundation will be substantially watertight and protected against rodents and will be kept in good condition and repair. The foundation elements will adequately support the building at all points.
(7)
Roof drainage must be adequate to prevent rainwater from causing dampness in the walls.
C.
Windows, doors and hatchways. Every window will be fully supplied with transparent or translucent windowpanes which are substantially without cracks or holes, will be substantially tight and will be kept in good condition and repair. Windows, other than fixed windows, will be easily opened and will be held in position by window hardware. Every exterior door will fit substantially tight within its frame and will be kept in good condition. Window and door frames will be kept in good condition and will exclude rain and substantially exclude wind from entering the building or structure. Every basement hatchway will prevent the entrance of rodents, rain and surface drainage water into the building or structure.
D.
Stairways and porches. Every exterior stairway and every porch and its supports will be kept in good and safe condition and repair and will be free of deterioration, with every rail and balustrade firmly fastened and maintained.
E.
Accessory structures. All accessory structures will be maintained in a state of good repair and vertical alignment. All exterior appurtenances or accessory structures, which serve no useful purpose and are in a deteriorated or dilapidated condition, which are not economically repairable, will be removed. Such structures include, but will not be limited to, porches, terraces, entrance platforms, garages, driveways, carports, walls, fences and miscellaneous sheds.
F.
Abandoned dwellings. The owner of any abandoned dwelling will:
(1)
Cause all service and utilities to be disconnected or discontinued to said dwelling;
(2)
Lock all exterior doors and windows of said dwelling;
(3)
Maintain such dwelling so that its foundation, floors, windows, walls, doors, ceilings, roof, porches and stairs will be reasonably weathertight, waterproof, rodent-proof, structurally sound, and in good repair such that they comply with Subsection B of this section; and
(4)
Maintain the yard and accessory structures such that they comply with this section.
G.
Nuisances. The interior and exterior of vacant and abandoned dwellings will be maintained in a nuisance-free condition.
H.
Infestation. Every building, structure and all exterior appurtenances on the premises will be adequately protected against rats, mice, termites, and other vermin. Occupants and operators will be responsible for the extermination of rodents and vermin from that part of the premises under their exclusive control except where more than one unit is infested at the same time and, in this instance, the owner will also be responsible for extermination of the infestation.
I.
Refuse, garbage and rubbish storage requirements. Every building or structure will have adequate refuse, garbage or rubbish storage facilities. Garbage containers will all have tight covers and will be kept in place at all times. No occupant will accumulate rubbish, boxes, lumber, metal or other materials which may provide harborage for rodents or vermin.
§ 500-31 Notice and remedy.
A.
Upon determination by the Building Inspector of a violation of this article, the Village will notify the owner and, if different from the owner, the occupant of the premises of such violation. Complaints alleging a violation of this article will be commenced by service of written notice of noncompliance upon the property owner or the occupant as appropriate.
B.
The notice will specify the nature of the violation, the required correction and a reasonable time, not to exceed 30 days, to correct the violation. The notice will be served upon the person or persons named personally or by certified mail addressed, postage paid, to the last known address of such person or persons.
C.
Upon expiration of the time given for correction of a violation, the Building Inspector may proceed under Ch. 823, Wis. Stats., pertaining to nuisances, or alternately by way of municipal citations in coordination with the Village Police Department as set forth in § 500-34.
§ 500-32 Other methods not excluded.
[Amended 9-13-2021 by Ord. No. 2021-2]
Nothing in this article will be construed as prohibiting the abatement of public nuisance by the Village or its officials in accordance with the laws of the state or Village ordinances. In their interpretation and application, the provisions of this Code will be considered minimum requirements. Where the provisions of this article impose greater restrictions than any statute, other regulation, ordinance, or covenant, the provisions of this chapter shall prevail; where the provisions of any statute, other regulation, ordinance or covenant impose greater restrictions than the provisions of this article, the provisions of such statute, other regulation, ordinance, or covenant will prevail.
§ 500-33 Cost of abatement.
In addition to any other penalty imposed by this article for the erection, contrivance, creation, continuance or maintenance of a public nuisance, the cost of abating a public nuisance by the Village will be collected as a debt from the owner, occupant or person causing, permitting or maintaining the nuisance, and if notice to abate the nuisance has been given to the owner, such cost will be assessed against the real estate as a special charge.
§ 500-34 Violations and penalties.
Any person who violates any provisions of this chapter or any order, rule or regulations made hereunder will, upon conviction thereof, be subject to a penalty as provided in § 1-4. Failure to comply with an order of abatement issued under this article will constitute a violation of this article, and each day of continued violation will constitute a separate offense.