2000-50ORDINANCE NO. 2000 - 50
A comprehensive ordinance updating, revising, creating and amending certain nuisance, zoning
and building code ordinances of the City of danesville in order to facilitate, expedite and
enhance effective and timely enforcement of code violations, the issuance of code citations, and
enhancing the public health, safety, peace, welfare and tranquility, with updated and established
forfeitures, penalties, injunctive and abatement relieffor violations thereof as set forth below
and/or in the applicable existing provisions of danesville 's Nuisance, Building and Zoning
Codes, with each day's continuance constituting a separate violation, and with judicial relief for
failure to comply, remedy and/or pay the forfeitures upon conviction.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
Whereas, the City Administration completed a comprehensive review of the City's Code
enforcement in August 2000. As part of the review, the Administration identified several
ordinance changes aimed at improving code enforcement and the appearance of City
neighborhoods based upon extensive citizen input and requests at various neighborhood
meetings; and
Whereas, the Janesville Common Council hereby find that there are joint and several applicable
health, welfare, safety, peace and tranquility reasons for, and respective to, the adoption of each
of these proposed amendments, revisions, updates and creations (additions); and
Whereas, the Common Council further find that each and every of these proposals are for the
good order, benefit, safety, health, peace, welfare and tranquility of the City, its residents,
property and the entire community, are founded in and arise from the police powers of the
Common Council, and directly and indirectly facilitate the elimination of blight, nuisances,
unsafe and often and dangerous conditions, and/or facilitate the timely and effective elimination
of nuisance and such safety, health, welfare and good order problems in the community as voiced
by the general public; and
Whereas, the Common Council further find that adoption of this comprehensive ordinance is
essential and serves numerous legitimate, pressing and appropriate purposes.
Now, therefore, the following amendments, updates, revisions and creations (additions) to the
Code of General Ordinances of the City of Janesville are hereby adopted as follows:
Citation Procedure Update
SECTION I. Sections 1.16.010 through 1.16.050 of the Code of General Ordinances of
the City of Janesville arc hereby amended to read as follows:
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"1.16.010 Authorization for use of citation. Pursuant to the authority granted by
Section 66.119, Wis. Stats., as from time to time renumbered or amended, the use of a
citation to be issued for violations of ordinances ~lae,~4hav~d~a~ including, but not
limited to, ordinances for which a statutory counterpart exists is authorized. (Ord.
82-304 s. 1 (part), 1982)."
"1.16.020 Officials authorized to issue citation. Citations authorized in Section
1.16.010 above may be issued by law enforcement officers of the city and by designated
city officials with respect to sections of the code which are directly related to the official's
area of responsibility. The officials granted authority to issue citations under this section
may delegate the authority to other city employees within the designated official's
department with the approval of the common council, which approved is hereby
granted. Citations may be issued by the following city officials:
B.
C.
D.
E.
Police chief;
Law enfomement officers;
Fire chief;
Fire inspector;
Director of the department of code administration;
Property maintenance specialist;
(Ord. 82-304 s. l(part), 1982)."
"1.16.030 Form of citation. The form of the citation to be issued by city police
officers or other designated city officials is incorporated herein by reference and shall
provide for the following information:
B.
C.
D.
The name and address of the alleged violator;
The factual allegations describing the alleged violation;
The time, date, and place of the offense;
The section of the ordinance violated, including specific sections of State
law, administrative codes or special codes adopted by the City of
Janesville ordinances by reference or otherwise;
A designation of the offense in such manner as can be readily understood
by a person making a reasonable effort to do so;
The time at which the alleged violator may appear in court;
A statement which in essence informs the alleged violator:
1. That the alleged violator may make a cash deposit of a specified
amount to be mailed to a specified official within a specified time,
2. That if the alleged violator makes such a deposit, he or she need
not appear in court unless subsequently summoned,
3. That if the alleged violator makes a cash deposit and does not
appear in court, he or she will be deemed to have tendered a plea
of no contest and submitted to a forfeiture and a penalty
assessment and other relief and costs as required or permitted
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by law, as from time to time amended, not to exceed the amount
of the deposit or will be summoned into court to answer the
complaint if the court does not accept the plea of no contest.
That if the alleged violator does not make a cash deposit and does
not appear in court at the time specified, an action may be
commenced against the alleged violator to collect the forfeiture and
the penalty assessment imposed and other relief and costs as
required or permitted by law, as from time to time amended,
A direction that if the alleged violator elects to make a cash deposit, the alleged
violator shall sign an appropriate Statement which accompanies the citation to
indicate that he read the Statement required under subsection G and shall send the
signed Statement with the cash deposit;
I. Such other information as may be deemed necessary."
"1.16.040 Schedule of cash deposits. The schedule of cash deposits for the various
ordinances for which a citation may be issued are as follows:
Ordinance Violated
Cash Deposit Permitted*
Chapter 8.24 Fire hazards-- Theaters, hotels and nursing homes $300
Chapter 8.32 Fire code 300
Chapter 8.36 Fire regulation 300
Chapter 8.60 Nuisance 300
Chapter 10.36 Vehicles and Traffic 300
Chapter 12.24 Street, Sidewalks, & Public Property
300
Chapter 18.32 Zoning Code 300
Title 14 Signs 300
Title 15 Building code 300
Title 16 Housing code 300
*In addition to the amount listed, the deposit must include the penalty assessment, costs and other relief
and amounts required or permitted by law, as from time to time amended. (Ord. 84-373 s. 2, 1984;
Ord. 82-304 s. l(part), 1982)."
"1.16.050 Receipt of cash deposits. Cash deposits are to be paid at the Clerk of
Courts, ~ Rock County Courthouse, 51 South Main Street, Janesville,
Wisconsin 53545. Receipts shall be given for all cash deposits received. (Ord. 82-304 s.
1 (part), 1982)."
SECTION II.
Wood Storage On Property Regulations
Section 8.60.140 of the Code of General Ordinances of the City of
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Janesville is hereby created to read as follows:
"8.60.140 Storage of firewood and any other wood outdoors on private
property. Any stack of firewood or other cut timbers, must be stored at least six
inches o~ffthe ground and no more than six feet high on ali properties within the
City. The stack must be not less than two feet from lot lines and not less than
twenty-five feet from the street. No more than three cords of wood, per lot, may be
stored at any time. This ordinance is intended to reduce the potential for creating a
fire hazard and avoid attracting pests."
Application of Nuisance Regulations to Industrial and Commercial Properties.
SECTION III. Section 8.60.160 of the Code of General Ordinances of the City of
Janesville is hereby created to read as follows:
"8.60.160 Application of Chapter 8.60 to all properties in the city. The
provisions of sections 8.60.010 through 8.60.170 shall apply to all properties in the
city unless specific exception is granted in another section or chapter of the Code of
General Ordinances."
Remedial Action for Nuisance Violations
SECTION IV. Section 8.60.170 of the Code of General Ordinances of the City of
Janesville is hereby created to read as follows:
"8.60.170 Remediation of violation. Violations of any of the provisions set
forth in Chapter 8.60 of the General Ordinances shall be immediately, fully and
timely remedied, removed, terminated and/or abated by the property owners or by
the City at the property owner's expense, once a property owner is ordered by the
City to eliminate the violation within a certain time.
A. It shall be the responsibility of the offender to immediately cease, terminate,
eliminate, remove and abate each violation and nuisance but in no event longer than
the time set forth in any city order.
B. The City, in addition to the imposition of the penalties found in Chapter
8.60.090, as from time to time amended or renumbered, may institute and the court
may grant and order injunction, mandamus, abatement and/or any and all other
appropriate legal and/or equitable relief, judgment, order, award, action or
proceeding to prevent, enjoin, abate, terminate, cease and/or remove the violation
and/or nuisance.
C. Each day's continuance of any violation constitutes a separate offense."
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Nuisance Ordinance Penalty, Relief
SECTION V. Section 8.60.090 of the Code of General Ordinances of the City of
Janesville is hereby amended to read as follows:
"8.60.090 Violation of Sections 8.60.010 through 8.60.070 and 8.60.130 through
8.60.170 -- Penalty. A. Any person who violates any of the provisions of Sections
8.~-~-l-0-through 8.60.070 or 8.60.130 through 8.60.170 shall pay to the city a forfeiture
of not less than twenty five dollars not more than five hundred dollars, together with the
costs of prosecution, for each offense, and in default of the payment of such penalty shall
be imprisoned in the county jail not less than five days nor more than sixty days, and/or
such failure shall be addressed as provided or allowed by law and/or ordered by the
court.
B. The City, in addition to the imposition of the penalties found in Chapter
8.60.090, as from time to time amended or renumbered, may institute and the court
may grant and order injunction, mandamus, abatement and/or any and all other
appropriate relief, judgment, order, action or proceeding to prevent, enjoin, abate,
prevent and/or remove the violation and/or nuisance.
C_:. Each day during which any such violation continues shall be deemed a separate
offense. (Prior code S7.18 (4))."
Vision Triangles
(Nuisance Code Amendment - Section Repeal)
SECTION VII. Section 12.24.030 A. of the Code of General Ordinances of the City of
Janesville is hereby amended to read as follows:
"12.24.030 Objects obstructing traffic or vision of traffic unlawful. A. A
vision triangle is all that land at a street intersection between the vision line and the street
intersection. The vision line is determined by drawing a straight line from the curb or
edge of pavement of one street to the curb or edge of pavement of the intersecting street,
and such line shall run through two points, each such point being on the edge of the street
right-of-way and twenty-five feet back from the intersection of the lines along the street
right-of-way, as shown on the Vision Triangle Ordinance Diagram. No bushes or
shrubbery nor any opaque or semi-opaque object is permitted in the vision triangle if such
a bush, shrub, or object is over thirty inches above curb grade, except trees trimmed to the
trunk and at least seven feet above sidewalk grade. Official traffic signs and signals and
utility poles are exempt from this restriction. This ordinance shall apply to all
controlled and uncontrolled intersections in the city.
SECTION VIII. Section 12.24.030 B. of the Code of General Ordinances is hereby
repealed in its entirety.
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SECTION IX. Section 12.24.030 C. of the Code of General Ordinances is hereby
renumbered 12.24.030 B. and shall be amended to read as follows:
"12.24.030 B. All existing and new buildings within the vision triangle in the B$,
B6, 02, M3 and M4 districts at a controlled intersection ~v~,; .... .:,~. ,~ ..;o;~
exempt from the requirements of this chapter."
Vision Triangles
(Zoning Code Amendment - Section Repeal)
SECTION X. Section 18.32.020 A. of the Code of General Ordinances of the City of
Janesville is hereby amended to read as follows:
"18.32.020 Objects obstructing traffic or vision of traffic unlawful. A. A
vision triangle is all that land at a street intersection between the vision line and the street
intersection. The vision line is determined by drawing a straight line from the curb or
edge of pavement of tone street to the curb or edge of pavement of the intersecting street,
and such line shall run through two points, each such point being on the edge of the street
right-of-way and twenty-five feet back from the intersection of the lines along the street
right-of-way, as shown on the Vision Triangle Ordinance Diagram. No bushes or
shrubbery nor any opaque or semi-opaque object is permitted in the vision triangle if such
a bush, shrub, or object is over thirty inches above curb grade, except trees trimmed to the
trunk and at least seven feet above sidewalk grade. Official traffic signs and signals and
utility poles are exempt from this restriction. This ordinance shall apply to all
controlled and uncontrolled intersections in the city.
SECTION XI. Section 18.32.020 B. of the Code of General Ordinances is hereby
repealed in its entirety.
SECTION XII. Section 18.32.030 C. of the Code of General Ordinances is hereby
renumbered 18.32.020 B. and shall be amended to read as follows:
"18.32.020 B. All existing and new buildings within the vision triangle in the B5, B6,
02, M3 and M4 districts at a controlled intersection e×'_'s*.;_ng w~*._h_;n *.b_~ ¥;.s~.en
*-r;.°2.g!_': ~_*- ~e 5.me ~f ~_dcp?_'~n ~f*.h~_ erd'_'nmnce _°e'/_~.fied ~.n ~Js _~h~p!er sh~_!! b_~ are
exempt from the requirements of this chapter."
SECTION XIII.
Adoption of International Building Code
As Minimum Building Standards
Section 16.08.045 of the Code of General Ordinances of the City of
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Janesville is hereby amended to read as follows:
"16.08.045 Adoption of Wisconsin Administrative Code. A. The Building and
Heating, Ventilating and Air Conditioning Code of the Wisconsin Administrative Code,
Department of Industry, Labor and Human Relations, Department of Commerce, is
hereby adopted by reference and made part of this chapter as if fully set forth heroin. Any
act required to be performed or prohibited by such code, regulation or law incorporated
hereby by reference is required or prohibited by this chapter. This section adopts such
other Wisconsin Administrative Code as may supersede, supplant, or in any way modify,
change or add to the Wisconsin Administrative Code as adopted above.
B. Adontion ofTh~ l:~t~t~ A XT,,*;,~,~,~I !E?,~;o,;~,~ ~,,~, ..... t~,~l~ The International
Property Maintenance Code, 1998 ~-999 or current edition, as from time to time
amended or renumbered, is hereby adopted as the Minimum Property Standards Code
for all structures and properties in the City of Janesville, Wisconsin."
Refuse Container Enclosure
SECTION XIV. Section 18.36.020. A. 12. of the Code of General Ordinances of the City
of Janesville (Residential Districts) is hereby created to read as follows:
"18.36.020 A. 12. Enclosure of Refuse Storage Area. With the exception
of properties which are provided curbside pickup from the city, trash or
refuse storage areas are permitted outside the principal building provided
that:
a. Such storage areas are adequately screened from view from any point on
the perimeter of the site except as approved otherwise by the site plan
review coordinator;
b. Such storage area enclosure shall be made of the same material as the
immediate adjacent wall of the principal building or such material as
would not detract from the immediate surrounding neighborhood as
approved by the site plan review coordinator;
c. Such storage area enclosure shall extend from the ground level to a
minimum height of five feet and in no case shall be lower in height than
that of trash receptacles."
SECTION XV. Section 18.36.050. A. 7 of the Code of General Ordinances of the City of
Janesville (Industrial Districts) is hereby added to read as follows:
"18.36.050 A. 7. Enclosure of Refuse Storage Area. Trash or refuse
storage areas are permitted outside the principal building provided that:
a. Such storage areas are adequately screened from view from any point on
the perimeter of the site except as approved otherwise by the site plan
review coordinator;
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b. Such storage area enclosure shall be made of the same material as the
immediate adjacent wall of the principal building or such material as
would not detract from the immediate surrounding neighborhood as
approved by the site plan review coordinator;
c. Such storage area enclosure shall extend from the ground level to a
minimum height of five feet and in no case shah be lower in height than
that of trash receptacles.
This ordinance does not apply retroactively to dumpsters, except for current
violations.
Pavement of All Driveways and Off-Street Parking Areas
SECTION XVI. Section 18.32.070. B. 3 of the Code of General Ordinances of the City of
Janesville is hereby amended to read as follows:
"18.32.070 B. 3. Surfacing. Wi~ the e×ceTtien cf s:'ng!e fm'r_.;.!y residences, ~
All driveways and open off-street parking areas shall be surfaced with a dustless all-
weather material such as bituminous, concrete pavement, or brick. Such parking areas
shall be so graded and drained as to dispose of all surface water. Single family residential
properties may have no more than three years from the date of the issuance of a building
permit for that property within which to complete this surfacing."
This ordinance does not apply retroactively to paving driveways, except for
current violations.
Private Fence Regulations, Requirements
SECTION XVII. Sections 18.32.030. A. 11. and 12. of the Code of General Ordinances of
the City of Janesville are hereby amended to read as follows:
Front Setback Interior
and comer Side Rear
Side Setback Setback Setback
11. Fences, walls and hedges ~
by this title up to 6 feet in height may be
permitted in the interior side and rear setback
areas. The structural supports
of the fence shall face to the inside of the lot on
which it is located. Fences within the front setback
area shall comply with subsection 12. Fences shall
be constructed only of material manufactured for
use as residential fencing, and never opaque metal
of any kind, unless approved by a building official.
A plan submittal to the Code Department and a
permit is required for each fence. X X
"The maximum height of fences in commercial and indsutrial districts shall not
exceed twelve feet (12') in height or such he±ght as may be approved by the site
plan review coordinator for a specific fence."
Fences, walls and hedges no greater than thirty
inches in height, or picket, wire mesh or similar
fences which are at least 50% open and which do
not impair vision. The structural support of the
fence shall face to the inside of the lot on which
the fence is located. Fences shall be constructed of
material manufactured for use as residential fencing,
and never opaque metal of any kind, unless
approved by a building official. A plan submittal
to the Code Administration Department and a
permit is required for each fence.
X X X
Note:
0
This ordinance
This amendment regulates fences by:
a) Limiting privacy fence height to a maximum of six feet,
b) Requiring that structural supports be placed inside of the lot on which
the fence is located,
c) Requiring opaque fences to be located outside the vision triangle area,
d) Clarifying that fences within the front setback area must be at least 50%
open,"
e) Prohibiting Fences not constructed of material manufactured for use as
fencing unless approved by a building official, and
Requiring a permit with plan submittal to the Code Administration
Department prior to construction.
does not apply retroactively to fences, except for current violations.
Effective Date
SECTION XVIII. This ordinance shall take effect immediately upon adoption, the public
good order, health, welfare, peace, safety and tranquility so requiting.
ADOPTED: November 13. 2000
APPROVE~ ~ /
'~l~en~E. Sheiffer, Cit~ManageF ~
ATTEST:
Jean/~l{n W~I~,, Cit~ C'lerk-treasurer d
APPROVED AS TO FORM: ff~'C~
City Attorney
O' Lear),
SECOND BY: DeGarmo
COUNCILMEMBER AYE NAY PASS ABSENT
SCHNEIDER X
WILLIAMS X
NOLL X
BRIEN X
MURPHY X
O'LEARY X
DEGARMO X
Proposed by: City Administration
Prepared by: City Attorney
Nuisance Ordinance Comprehensive Dral~
101900 brad's version