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Creating minimum property maintenance standards is back before the West Salem Village Board after a group of residents addressed concerns over a Van Ness Street house.

Neighbors spoke at the May 20 board meeting regarding the condition of the yard and boulevard at 224 N. Van Ness St., owned by Don Warnke.

The neighbors said they had concerns about the height and location of trees that were planted in addition to the attractiveness of the yard, such as piles of yard waste and sticks. The neighbors said they attempted to speak with Warnke on several occasions but were unable to reach any agreement. Some said Warnke’s property was affecting their property negatively.

“I don’t think anybody needs to live like that day after day,” said Linda Phillips, a neighbor.

Village Administrator Teresa Schnitzler said there are some issues the village can address with its ordinances, such as the condition of the boulevard. However, other matters — such as the proximity of trees to each other and what constitutes as yard waste — cannot be addressed by the village because they are not regulated by ordinances.

“It’s a fought-for, God-given right to keep your property the way you want unless it violates codes,” Schnitzler said.

The situation has prompted board Trustee Helen Harold to bring back a draft ordinance that would establish minimum property standards.

“I really think this is time to look at that again,” Harold said. “I think a lot of things in here addresses some of (the neighbors’) issues.

“It’s decreasing the value of neighbors’ property. I think it’s time we look at (this ordinance) again.”

Last August, in a 3-3 tie, the seven-member board failed to set a public hearing for the 20-page draft ordinance that would establish standards for residential and commercial properties — ranging from debris regulation to landscaping maintenance to foundation condition.

The village does have a number of ordinances in place that already address property requirements, but the proposed ordinance expands more into aesthetics and quality while compiling all the rules. The proposed ordinance — which seeks to protect public health and safety while avoiding the potential for blighted areas — also describes a citizen complaint process and outlines fines for violators.

Overall, the draft ordinance — modeled after similar ordinances established by other municipalities — states structures need to be kept in “good repair” and maintained. Foundations and walls should be free of cracks, windows should be weather-tight, roofs shouldn’t leak and landscaping should have “an attractive appearance,” for example.

Another section states exterior walls of housing structures need to be repainted or re-stained if more than 30 percent has been deteriorated.

The public hearing on the ordinance was opposed last time by board members who raised questions of enforcement and aesthetic interpretation. Village President Dennis Manthei voted in favor of the public hearing last time but, at last week’s meeting, asked what role the village should play in property aesthetics.

“The question is how far do you go with this in being the duty police?” he asked.

The board voted 6-0 to have the West Salem Buildings and Grounds Committee review current ordinances regarding property standards and discuss whether any need to be updated. Harold, who chairs the buildings and grounds committee, said she anticipates that the committee will review the draft minimum property maintenance ordinance, update if necessary and recommend the village board hold a public hearing.

She said residents should be able to voice their opinion at a public hearing.

“It’s a concern for a lot of people out there, and I think they should be able to express that and we should see how the community feels about it,” Harold said. “Maybe they don’t care about it, but unless you have a hearing, you don’t really know.”

Schnitzler said the village addressed boulevard issues with Warnke and it was mowed. She said Warnke has until June 1 to remove trees planted in the alley behind his house because they pose visibility and traffic mobility hazards.

Beyond that, Warnke said he doesn’t feel it is a village board’s authority to create specific property standards.

“I think the village board is dying from the neck up,” said Warnke, who was reached after the meeting. “(They shouldn’t establish regulations) if they don’t know what property standards and aesthetics are all about.

“Everybody thinks they’re an architect or people who don’t teach think they can be better than teachers in school. Well, anybody can be on the (village) board, and they think they know everything once they’re on there.”

Other news

In other business, the board approved a conditional use permit for Bethany-St. Joseph Corporation for the purpose of constructing a new assisted living facility. The proposed facility would provide 28 to 31 units and would be located northeast of the current Salem Terrace, located at 104 Lewis St., which the company also owns.

Board Trustee Diana Engel and resident John Johnson were approved to the West Salem Planning Commission. Both are new appointments to the committee; Engel’s term is a two-year term expiring in 2010 and Johnson’s is a three-year term.

It also was announced the village received a dividend of $655 from the League of Wisconsin Municipalities Mutual Insurance.