ORDINANCE NO. 2494

 

BY: ________________________________

 

 AN ORDINANCE TO CREATE A

PROPERTY EXTERIOR MAINTENANCE CODE

 

The Common Council of the City of Oak Creek does hereby ordain as follows

 

SECTION 1:   Section 15.300 of the Municipal Code is hereby created to read as follows:

 

SECTION 15.300 PROPERTY EXTERIOR MAINTENANCE CODE

 

(a)        Sanitation.  The exterior of all properties and premises including the open space of the property or premises shall be maintained in a clean, safe and sanitary condition, free from accumulation of any combustible or non-combustible materials, debris and refuse.  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, 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.  The provisions of this section shall not apply to materials stored or maintained on a property in conjunction with any business, manufacturing or other use which meets applicable fire and zoning restrictions. 

 

(b)        Enforcement.

(1)   Order to correct conditions.  Whenever the city, 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 section an order shall be issued to the owner and/or occupant of the premises or property to correct said condition by the Building Commissioner or his designee.

(2)   Contents of the order shall include: 

                        a.         A description of the premises and the violation of the section.

b.         A statement specifying the time within which the owner and/or occupant shall comply with the order.

c.         Notice that the owner and/or occupant has the right to petition the Small Claims Committee of the Common Council for a hearing within 20 days of receipt of the order and a statement that any owner and/or occupant of the premises who does not file a petition for a hearing within 20 days of receipt of the order waives the right to assert that the property does not meet the requirements of this section and that the combustible or noncombustible materials, debris or refuse is subject to removal under the section.

 

(c)                Service.  The order shall be served on the owner and/or occupant by delivering a

copy of same to such owner or occupant personally or 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 or occupant of the premises. 

 

(d)               Appeal request.

(1)        If the owner or occupant feels aggrieved by an order issued under this section,   he or she may appeal to the Small Claims Committee of the Common Council in writing within 20 days after service of the order upon him or her by requesting a hearing through the City Clerk.  The Small Claims Committee of the Common Council shall conduct a hearing in connection therewith within 30 days after request for an appeal is submitted in writing to the City Clerk and shall notify the owner or occupant of the premises, the Building Commissioner, Building Inspector or their designee and any other person interested in this matter to be present at the hearing.  After the hearing, the Small Claims Committee shall submit its findings and order within 10 days thereafter and serve copies on all persons who appear at the hearing.

(2)        If the owner or occupant feels aggrieved by the decision of the Small Claims Committee he or she may file a Petition for Writ of Certiorari with the        Milwaukee County Circuit Court within 30 days of receipt of the Findings        and Order of the Small Claims Committee.

(3)               If the owner or occupant fails to appeal the order of the Building       Commissioner or designee or fails to file a Writ of Certiorari with the       Milwaukee County Circuit Court the city may proceed under sub. (e).

 

(e)                Failure to comply. 

(1)               Citation.  Any person, firm or corporation violating any provision of this section shall be subject to the general penalty provisions of this code.  A citation may be issued pursuant to Section 1.20 of this code and Wis. Stat. Chapter 800.

(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 section, 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 on premises and the costs of the same shall be charged against the owner or owners 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 premises as authorized by Section 66.0627 of the Wis. Stats.

(3)               Injunctive Relief.  In addition to other applicable enforcement procedures the city shall have the right to abate any violation of this section by an action for injunctive relief in Milwaukee County Circuit Court. 

 

SECTION 2:   All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.

 

SECTION 3:   This ordinance shall take effect and be in force from and after its passage and publication.

 

Introduced this _____ day of ____________________, 2008.

 

Passed and adopted this ______ day of __________________, 2008.

 

 

 

                                                                                    ____________________________________

                                                                                    President, Common Council

 

Approved this ______ day of __________________, 2008.

 

 

 

                                                                                    ____________________________________
ATTEST:                                                                     Mayor

 

 

__________________________________                VOTE:            Ayes_____      Noes______
City Clerk