HomeMy WebLinkAbout30. 22-86 FEBRUARY 8, 2022 FEBRUARY 22, 2022 22-56 22-86 ORDINANCE
FIRST READING SECOND READING
(CARRIED___7-0___ LOST_______ LAID OVER_______ WITHDRAWN_______)
PURPOSE: AMEND SECTION 17-36 OF THE CITY OF OSHKOSH
MUNICIPAL CODE PERTAINING TO PUBLIC NUISANCE
AFFECTING PROPERTY USAGE
INITIATED BY: CITY ADMINISTRATION
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 17-36
(B) AND (C) OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO PUBLIC
NUISANCE AFFECTING PROPERTY USAGE
WHEREAS, city staff recommends certain amendments to the City’s public nuisance
code.
NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as
follows:
SECTION 1. That Section 17-36(B) and (C) of the Oshkosh Municipal Code
pertaining to public nuisance are hereby amended to read as shown on the attachment to
this ordinance.
SECTION 2. This ordinance shall be in full force and effect from and after its
passage, and publication.
SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted
ordinance #22-86 on February 22, 2022, AMEND SECTION 17-36 OF THE CITY OF
OSHKOSH MUNICIPAL CODE PERTAINING TO PUBLIC NUISANCE AFFECTING
PROPERTY USAGE (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH
AMENDING SECTION 17-36 (B) AND (C) OF THE CITY OF OSHKOSH MUNICIPAL
CODE PERTAINING TO PUBLIC NUISANCE AFFECTING PROPERTY USAGE). The
ordinance amends language in Section 17-36 (B) and (C) of the Oshkosh Municipal Code to
remove references to diseased or dead trees which is duplicative of provisions in Chapter
26 Forestry of the Municipal Code. The requirement for exterior firewood storage, which
FEBRUARY 8, 2022 FEBRUARY 22, 2022 22-56 22-86 ORDINANCE
FIRST READING SECOND READING CONT’D
was otherwise 12-18 inches above grade, is also reduced to 6 inches above grade.
The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church
Avenue and through the City’s website at www.ci.oshkosh.wi.us. Clerk’s phone:
920/236-5011.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
TO: Mayor and Members of the Common Council
FROM: Amy Vanden Hogen, Assistant City Attorney
DATE: February 3, 2022
RE: Amend Section 17-36 of the City of Oshkosh Municipal Code Pertaining to Public
Nuisance Affecting Property Usage
BACKGROUND
The City of Oshkosh’s public nuisance ordinance is found in Ordinance 17-36. Currently the
Inspection Services Division has requested Council approve two amendments to Section 17-36
to comply with current enforcement practices.
ANALYSIS
Looking specifically at the ordinance, the two proposed changes are as follows:
17-36(B) – The current public nuisance ordinance contains a list of items that are not
allowed in the exterior of properties within the City, including junk and debris, scrap
metal, building materials, household furniture and appliances, etc. Specifically within
this list is a prohibition on “diseased or dead trees.”
The proposed amendment removes the reference to “diseased or dead trees” from Section
17-36(B) as it duplicates language from Section 26-5, the City’s existing ordinance
pertaining to public nuisance and diseased trees. This removal aligns with current
practice, as it is the City Forester/Landscape Division that addresses diseased or dead
trees within the City through Chapter 26, and not the Inspection Services Division
through Section 17-36.
17-36(C) – Under the current public nuisance ordinance, exterior firewood must be
stacked at least 12 inches to 18 inches above grade, among other regulations. The
proposed amendment is a reduction and only requires firewood to be stacked at least 6
inches above grade.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
It is the Inspection Service Division’s position that a lower 6 inch clearance still serves the
purpose of deterring pests and other nuisances. Further, several available commercial
options for firewood storage are lower than the current 12-18 inch requirement, so
reducing to 6 inches provides more options for the public to purchase firewood storage
solutions.
FISCAL IMPACT
There is no anticipated fiscal impact to the proposed ordinance as it is an update to an existing
ordinance that complies with current enforcement practices.
RECOMMENDATION
Staff recommends that the Council adopt the proposed ordinance.
Respectfully Submitted, Approved:
Amy Vanden Hogen Mark A. Rohloff
Assistant City Attorney City Manager
SECTION 17-36 PUBLIC NUISANCE AFFECTING PROPERTY USAGE
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(B) On all residential and non-residential premises in the City, any junk, debris or condition,
including, but not limited to: wood, bricks, concrete rubble, cinder block or other building
materials, scrap metal, tree limbs or brush, tree stumps with a height greater than their
diameter, yard waste, household garbage or refuse not properly contained or stored,
inoperable vehicles, motor or recreational, as defined in section 16-22 or parts thereof and
inoperable machinery or parts thereof (except when housed inside out of public view),
refrigerators, stoves, washing machines, dryers, or other appliances, water heaters,
dilapidated dog houses or animal cages, animal waste, upholstered furniture, mattresses,
bedsprings or other furniture not intended for exterior use by the manufacturer and used
or stored on open porches or in yards, rutted lawns or driveways or any other unsightly
conditions as may tend to depreciate property values in the area or create a nuisance,
hazard or eyesore, shall not be allowed on any property by the owner, occupant or person
authorized to use same. Lots in residentially developed areas shall be kept free, by the
owner, occupant, or person authorized to use same, of dirt piles, rubble and any other
material or conditions which might hinder maintenance of the property, except that dirt
piles used for landscaping purposes shall be leveled and said areas seeded with grass
within thirty (30) days of the date of delivery of the dirt. Dirt piles in commercially and
industrially zoned areas shall be removed within one (1) year of the date of deposit on the
property, except those used in conjunction with properly zoned landscaping businesses
or contractor's yards.
(C) No person shall store outdoors, nor shall any person permit or allow the outside storage
of, firewood on any property used or zoned for residential use, except as permitted in this
paragraph. Firewood shall not be stored in the front yard of such property or within the
setback, except that firewood may be temporarily stored for a period not to exceed
fourteen (14) days from date of delivery to the property. All firewood shall be stacked
neatly and in stable condition at least 6 inches above grade and no closer than one (1) foot
to any lot line and no higher than five (5) feet above grade except when adjacent to a fence
where firewood shall be stacked no higher than the upper-most horizontal portion of the
fence. No person shall permit the infestation of mice, rats, other rodents or insects in,
under or near the stack. No person shall allow any brush, debris or refuse from the
processing of firewood to remain anywhere on the property. Not more than ten (10)
percent of the side yards and rear yard combined may be used for the storage of firewood
at any time.
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SECTION 17-36 PUBLIC NUISANCE AFFECTING PROPERTY USAGE
…
(B) On all residential and non-residential premises in the City, any junk, debris or condition,
including, but not limited to: wood, bricks, concrete rubble, cinder block or other building
materials, scrap metal, tree limbs or brush, tree stumps with a height greater than their
diameter, diseased or dead trees or other yard waste, household garbage or refuse not
properly contained or stored, inoperable vehicles, motor or recreational, as defined in
section 16-22 or parts thereof and inoperable machinery or parts thereof (except when
housed inside out of public view), refrigerators, stoves, washing machines, dryers, or
other appliances, water heaters, dilapidated dog houses or animal cages, animal waste,
upholstered furniture, mattresses, bedsprings or other furniture not intended for exterior
use by the manufacturer and used or stored on open porches or in yards, rutted lawns or
driveways or any other unsightly conditions as may tend to depreciate property values in
the area or create a nuisance, hazard or eyesore, shall not be allowed on any property by
the owner, occupant or person authorized to use same. Lots in residentially developed
areas shall be kept free, by the owner, occupant, or person authorized to use same, of dirt
piles, rubble and any other material or conditions which might hinder maintenance of the
property, except that dirt piles used for landscaping purposes shall be leveled and said
areas seeded with grass within thirty (30) days of the date of delivery of the dirt. Dirt
piles in commercially and industrially zoned areas shall be removed within one (1) year
of the date of deposit on the property, except those used in conjunction with properly
zoned landscaping businesses or contractor's yards.
(C) No person shall store outdoors, nor shall any person permit or allow the outside storage
of, firewood on any property used or zoned for residential use, except as permitted in this
paragraph. Firewood shall not be stored in the front yard of such property or within the
setback, except that firewood may be temporarily stored for a period not to exceed
fourteen (14) days from date of delivery to the property. All firewood shall be stacked
neatly and in stable condition at least 12 inches to 186 inches above grade and no closer
than one (1) foot to any lot line and no higher than five (5) feet above grade except when
adjacent to a fence where firewood shall be stacked no higher than the upper-most
horizontal portion of the fence. No person shall permit the infestation of mice, rats, other
rodents or insects in, under or near the stack. No person shall allow any brush, debris or
refuse from the processing of firewood to remain anywhere on the property. Not more
than ten (10) percent of the side yards and rear yard combined may be used for the storage
of firewood at any time.
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