2005-260
ORDINANCE NO. 2005-260
An Ordinance amending JGO Section 15.80.050 allowing Property Owners the
option of razing or entering into a Compliance Agreement to repair a building or
structure that is old, damaged, dilapidated, deteriorated that has been declared
unfit for human habitation and providing repair specifications therein, with a
penalty and other relief for violations thereof as set forth in JGO Chapter 15.80.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
Section I.
Section 15.80.050 of the Code of General Ordinance of the City of Janesville is hereby
amended to read as follows:
"Section 15.80.050. - Old, Condemned, Dangerous, Deteriorated, Damaged,
Dilapidated and/or Unfit Buildings and Structures -
A. Raze or Repair Order for Dangerous Structures - If all or part of any building
or structure (including among others a fence, billboard or sign), or the equipment for the
operation thereof (including among others the heating plants, plumbing, electric wiring,
moving stairways, elevators and fire extinguishing apparatus) is found, in the opinion of
the Building Inspector, his/her designee and/or other appropriate City Code Official
(hereinafter in this section the "Building Official"), to be so old, dilapidated, damaged,
deteriorated or has become so out of repair as to be dangerous, unsafe, unsanitary or
otherwise unfit for human habitation, occupancy or use, or where there has been a
cessation of normal construction for a period of more than two years, s/he may proceed
to issue a Raze or Repair Order, or, if s/he determines based upon the particular facts
and circumstances that it would be unreasonable to repair the same and/or constitute a
safety hazard or a danger to the public, (the "public safety and danger to the public
determination") shall issue a Condemnation Order against that building and/or structure.
If a Raze or Repair Order is issued, and if the Property Owner desires to repair said
building or structure, s/he must provide to City Official the following documents:
1. A Compliance Agreement.
a. The Compliance Agreement shall be signed by, dated, and
binding upon the Property Owner and shall set forth and itemize all the repairs to be
performed by the Property Owner in order to make the building or structure fit for human
habitation, compliant and in full conformity with all applicable Ordinances and other
Laws and Regulations. The Agreement shall provide a detailed schedule of the work to
be done and the timeframe in which each item will be completed. The maximum term
for a Compliance Agreement shall be one (1) year from the date the Property Owner is
first notified of the violation. If all repairs are not fully and satisfactorily completed within
the scheduled timeframe, the Raze or Repair Order shall also serve as a Condemnation
Order and Agreement. In the event that the Property Owner at any time breaches or
fails to comply with any of the provisions of the Compliance Agreement, the City may,
without any further notice, raze and remove and/or cause the razing and removal of the
building or structure solely at the cost and expense of the Property Owner and/or
otherwise condemn and/or remove the building or structure as allowed by law.
b. Written Bids from legitimate contractors or other sources
approved by the Building Inspector and/or his/her designee for repairs and an estimated
pricing schedule outlining the costs associated with bringing the building or structure to
full compliance.
c. The Property Owner must show proof to the City that s/he has
the financial resources to repair the building or structure in the form of savings, loans or
other form of financial assurance as requested or required by the Building Inspector
and/or his/her designee.
d. The Building Official may add additional provIsions,
requirements, conditions and time frames to the Compliance Agreement as s/he may
determine appropriate, necessary and/or desirable based upon the particular facts and
circumstances pertaining to the applicable building or structure.
e. The Property Owner must provide a fully completed, acceptable
and executed written Compliance Agreement to the Building Official within thirty (30)
days of the happening of the event that caused the damage to the building or structure
or issuance of the Raze or Repair Order. Failure to do so shall result in a waiver by the
Property Owner of the opportunity to repair the building or structure or avail her/himself
of the repair opportunities set forth in this and related Ordinances, and the City shall
either proceed under the original Raze or Repair Order or otherwise condemn, raze,
remove and/or cause the razing and/or removal of that particular building or structure.
The Building Official upon his/her finding of good cause, may extend the thirty (30) day
time period, but in no event shall any Compliance Agreement be approved or accepted
by the City if not provided by the Property Owner in fully completed, acceptable and
executed form to the Building Official within ninety (90) days of the happening of the
event that damaged the building or structure.
f. The one (1) year time period within which all repairs must be fully
and satisfactorily performed by the Property Owner shall not be extended by the City for
any reason whatsoever.
g. In the event that any of the requirements set forth in this and
related Ordinances are not fully, timely and satisfactorily complied with by the Property
Owner, then the Building Official shall either proceed under the original Raze or Repair
Order, otherwise condemn the building or structure in accord with the applicable
condemnation and/or provisions of law, raze and remove, and/or cause the razing and
removal of the building or structure.
h. The Compliance Agreement is subject to the "public safety and
danger to the public determination" of the Building Official, notwithstanding any
provision of this or any other ordinance to the contrary.
2. If the Property Owner elects to raze the building or structure, such work
shall be solely at the Property Owner's expense, completed within three (3) months of
the date the building or structure was damaged, and the site returned to a dust-free,
erosion-free condition by the owner and otherwise according to law.
B. Condemnation Orders may be issued in the manner set forth above or as
otherwise provided by law in the event that a building or structure has been, because of
fire, storms, other natural disasters or other official causes, damaged and/or has
become so old, dilapidated, deteriorated, uninhabitable, dangerous, damaged, unsafe
or defective as to render the estimated cost of repairs to exceed fifty percent (50%) of
the equalized assessed value of the building or structure, and, in the opinion of the
Building Official, presents a safety hazard and/or danger to the public. Such orders
shall be issued in accordance with Section 66.0413 of Wisconsin Statues, as from time
to time amended or renumbered."
ATTEST: 1 .
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Je Ann Wulf, City Clerk- Trea
AP~tft:M
Assfstant City Attorney··
Motion by: DeGarmo
Second by: Williams
Council member Aye Nay Pass Absent
Brunner X
Brien X
Williams X
Wellnitz, Tim X
Wellnitz, Tom X
DeGarmo X
Addie X
ADOPTED:
December 12, 2005
Proposed by: Nuisance and Housing Code
Committee
Prepared by: City Attorney and
Administrative Intern