ORD20101328-Chap35
AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1328
AN ORDINANCE TO AMEND CHAPTER 35,
SECTIONS 35.04 (2), 35.04 (5), 35.04 (7), 35.05, 35.06 (4)
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Property Maintenance Code)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 35, Section 35.04 (2), of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
35.04 DEFINITIONS
(2) Commercial Property - A parcel or part of parcel used in whole or in part for
office, retail, or service or similar use consistent with B-1, B-2, B-3, B-4, B-4, DR-
1, HC-1, BP-1, BP-2, BP-3, BL-1, and BL-2 zoning districts and OOS overlay.
This definition includes all vacant and/or improved lands in said business
districts B-1, B-2, B-3, B-4, B-4, and OOS districts.
SECTION 2: Chapter 35, Section 35.04 (5), of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
(5) Industrial Property - A parcel or part of parcel used in whole or in part for
manufacturing, warehousing, or similar uses consistent with the M-1 and M-2 I-1
and I-2 zoning districts. This definition includes all vacant and / or improved
lands in said industrial districts I-1 and I-2 zoning districts.
SECTION 3: Chapter 35, Section 35.04 (7), of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
(7) Multi - Family Property - A parcel or part of parcel used in whole or in part for
residential use by two or more households but shall not include single family
dwellings with mother-in-law units. This definition includes all vacant and/or
improved lands within the RM-1, RM-2, and RM-3 multi–family districts RSA,
RSM, and OD overlay.
SECTION 4: Chapter 35, Section 35.05, of the Municipal Code of the City of Muskego
is hereby amended to read as follows:
35.05 PROPERTY MAINTENANCE STANDARDS
Following are the minimum standards to be met by a property owner or occupant for properties
which are zoned and/or used for industrial, commercial or multi-family residential purposes,
except for Section 35.05(8) which applies to all residentially zoned properties within the
City, regarding property maintenance for all premises within the City of Muskego. Violation of
these standards may result in the issuance of a citation by the Building InspectorCommunity
Development Director or his designee.
(1) All buildings subject to this ordinance shall be maintained in a condition to be safe to
both occupants and passersby as well as to appear to be in good repair in regard to
Ord. #1328 Page 2
condition of foundation; condition of exterior paint or finish; condition of windows and
doors; condition of roof, gutters and downspouts; condition of accessory buildings; and
architectural appurtenances such as chimneys and steps.
(2) All non-paved yard areas as set forth in the City Zoning Ordinance, except stormwater
management areas required by Chapter 34 of the Municipal Code, shall be graded to
alleviate standing water, and shall be maintained in grass, other vegetative ground
cover, or trees and shrubs compatible with similar uses within the neighborhood. The
height of grass and other general ground cover shall be kept trimmed to a height of no
more than eight (8) inches. Trees and shrubs shall be kept maintained and trimmed in
compatibility with such other neighborhood uses. Exceptions to this ordinance may be
made where a land management plan has been filed and approved by the Plan
Commission.
(3) All solid waste containers stored outside shall be visually screened from view of
passersby and adjacent properties by means of buildings positioning, by being placed
within a four sided containment structure visually and structurally compatible with the
principal building or, by being screened from view by dense vegetative growth.
Exceptions to this ordinance may be made where an approved Business Site and
Operations Plan has been filed and approved by the Plan Commission, which provides
either an alternate means of visual screening, or waiver of this requirement in whole.
(4) All driveway, parking, loading and outside storage areas on properties used for
commercial, industrial and multi-family purposes shall be surfaced and maintained as set
forth in the approved Business Site and Operations Plan for the property, City Zoning
Code, or applicable design standards. All such driveway, parking, loading and outside
storage areas, which are resurfaced after the adoption of the ordinance shall be
maintained in accordance with the approved Business Site and Operations Plan, Zoning
Code, or applicable design standards.
(5) All yard and landscaped areas shall be kept free of trash, old building materials, junk,
unlicensed or inoperative vehicles, and other such material and equipment which, by its
appearance, location or use, makes it incompatible with the principal use or other
predominate principal uses in the immediate neighborhood.
(6) All outside storage, which is expected to be, generally, permanent or long term shall be
screened from view of the general public by use of such measures as earth berming,
vegetative planting, decorative fencing or building positioning.
(7) All fences, walls, lighting, signs, storage structures, mailboxes, postal boxes, newspaper
boxes, and other visual physical improvements or appurtenances shall be maintained in
a safe, working order and in good appearance, and in conformance with all applicable
codes. (Ord. #1180 - 10-21-2004)
(8) Residentially zoned properties: The height of grass and other general ground cover shall
be kept trimmed to a height of no more than eight (8) inches. Ground cover may exceed
eight (8) inches when the cover is not part of the general landscaping of the principal
dwelling (generally, properties exceeding one acre where maintenance of whole property
is too arduous) or when the ground cover is approved by the City Forester as an
established prairie (an approved prairie must have no undue harm to surrounding
properties and must fit within the residential neighborhood in which the use is proposed).
These regulations also apply to vacant residentially zoned lots within the City
however, a vacant lot may have ground cover as long as 12 inches and the
ordinance will only be applied to vacant lots directly adjoining a lot that has
building occupancy and already has a groomed lawn area. The enforcement
regulations in Section 35.06(4) also apply to this ordinance. (Ord. #1292 – 04-02-2009)
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SECTION 5: Chapter 35, Section 35.06 (4), of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
35.06 ADMINISTRATION AND ENFORCEMENT
(4) If violation has not been corrected within the time limits allowed by the Building
Inspector, the Building Inspector shall issue a citation on the property owner
regarding such violation. For noxious weed violations, pursuant to Wisconsin
Statute 66.98 and for ground cover violations over the required eight (8) inch
height, the Building Inspector shall have the alternative option to instruct the
Weed Commissioner and/or Department of Public Works to correct said violation
and charge the actual costs incurred against the property owner. If such charges
are not paid by November 1 of the year in which they are billed, such charges
shall be extended on the next succeeding tax roll as a tax charged against the
property affected and collected in the same manner as are other taxes, pursuant
to 66.98 Wis. Stats. In addition to the regulations noted above, if grass on a
residentially zoned property needs to be cut by the City more than one time
in a calendar year, there will be an additional $100.00 charge per cutting
billed to the property. (Ord. #1292 – 04-02-2009)
SECTION 6: The several sections of this ordinance are declared to be severable. If
any section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the
specific section or portion thereof directly specified in the decision, and not affect the
validity of all other provisions, sections or portion thereof of the ordinance which shall
remain in full force and effect. Any other ordinance whose terms are in conflict with the
provisions of this ordinance is hereby repealed as to those terms that conflict.
SECTION 7: This ordinance shall be in full force and effect from and after its passage
and publication.
PASSED AND APPROVED THIS _10th_ DAY OF __AUGUST_, 2010
CITY OF MUSKEGO
John R. Johnson, Mayor
ATTEST: First reading: 07/27/2010
________________________
Clerk-Treasurer
Notice of Newly Enacted Ordinance Published: August 19, 2010