Waukesha |
Code of Ordinances |
Chapter 8. BUILDINGS AND BUILDING REGULATIONS |
Article III. MINIMUM PROPERTY MAINTENANCE STANDARDS |
§ 8-64. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abandoned dwelling means 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 shall be presumed to be abandoned if it is unoccupied for a period of 12 consecutive months. Occupancy required hereunder shall be bona fide and not acquired for the sole purpose of defeating the abandonment of a dwelling.
Accessory structure means a structure, the use of which is incidental to that of the main building and which is attached thereto or located on the same premises.
Blighted area means 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 all ill health, transmission of disease, infant mortality, juvenile delinquency and crime, and is detrimental to the public health, safety, morals or welfare.
Building means 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 means 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 ruin or shabbiness resulting from neglect. The term "dilapidated" implies a hazard to life or property.
Dwelling means any enclosed space which is wholly or partly used or intended to be used for having or sleeping by human occupants.
Nuisance means any public nuisance know at common law or in equity jurisprudence or as provided by the statutes of the state or this Code. Further a public nuisance is a thing, act, occupation, condition or use of property which shall continue for such length of time as to:
(1)
Substantially annoy, injure or endanger the comfort, health, repose or safety of the public; or
(2)
In any other way render the public insecure in life or in the use of property.
Occupant means any person living, sleeping or having actual possession of a building.
Owner means any person who, along or jointly or severally with others:
(1)
Shall have legal title to any premises, with or without accompanying actual possession thereof; or
(2)
Shall 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 shall be bound to comply with the provisions of this article and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.
Person means any natural individual, firm, trust, partnership, association or corporation.
Premises means 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 non-dwelling structure, and includes any such building, accessory structure or other structure thereon.
Refuse means all putrescible and nonputrescible solids (except body wastes), including garbage, rubbish, ashes and dead animals.
Rubbish means nonputrescible solid wastes (excluding ashes) consisting or either:
(1)
Combustible wastes such as paper, cardboard, plastic containers, yard clippings and wood; or
(2)
Noncombustible wastes such as tin cans, glass or crockery.
(Prior Code, § 15-2-2)