2005-261
ORDINANCE NO. 2005-261
An Ordinance amending JGO Section 16.08.140 specifying when the
condemnation of old, damaged, dilapidated, deteriorated and unfit buildings and
structures can be ordered, with a penalty and other relief for violations thereof as
set forth in JGO Section 16.08.210.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
Section I.
Section 16.08.140 of the Code of General Ordinance of the City of Janesville is hereby
amended to read as follows:
"Section 16.08.140. - Condemnation - Razing - Repairing
A. 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 and/or his/her
designee and/or other appropriate City Code Official (the "Building Official"), to be so
old, dilapidated, deteriorated, rundown, damaged, and/or unfit, or has become so out of
repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation,
occupancy or use, and so that it would be unreasonable to repair the same, or where
there has been a cessation of normal construction for a period of more than two years,
s/he shall proceed to have the same condemned pursuant to the applicable provisions
of Section 66.0413 of the Wisconsin Statutes, as from time to time amended or
renumbered, in the event that the Building Official determines that the building structure
must be condemned and/or is subject to the "public safety and danger" determination
set forth in JGO 15.80.050. In other cases, the Building Official may issue a Raze or
Repair Order. The Property Owner, at his or her discretion, may choose to raze or
repair the building or structure as provided in JGO Section 15.80.050 if a Compliance
Agreement as outlined in JGO Section 15.80.050 is approved and entered into between
the Property Owner and the Building Official. The Compliance Agreement is subject to
the "public safety and danger to the public determination" of the Building Official.
B. Also incorporated into this section by reference is JGO Section
15.80.050 as if fully set forth verbatim herein. Each and every of the terms and
provisions contained therein shall be applicable and govern.
C. Notwithstanding this or any other ordinances to the contrary,
Condemnation Orders may be issued in the event a building or structure has been
damaged by fire, storms, or other natural disasters or causes, the cost of repairs
exceeds fifty percent (50%) of the equalized assessed value of the building or structure,
and, in the opinion of the Building Official, presents and/or constitutes a public safety
hazard or danger to the public. Such orders shall be issued in accordance with Section
66.0413 of Wisconsin Statutes, as from time to time amended or renumbered."
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
APPR
Jea
Proposed by: Nuisance and Housing Code
Committee
Prepared by: City Attorney and
Administrative Intern