Waukesha, WI Property Maintenance: Property Blight (2026)
Key Facts
- Rebuild-to-code threshold
- Repair cost over 50% of fair value
- Enforcement start
- Building Inspector written notice
- Posted notice
- "Cannot be Used" card on exterior wall
- Noncompliance remedy
- City abates and bills or liens owner
- Related license action
- License revocable until building is safe
- Default penalty
- $10 to $2,500 first offense (§25.05)
Summary
Any Waukesha building the Building Inspector finds dangerous from bad condition, decay or lack of fire guards must be made safe or removed under Municipal Code §16.18. If repairs would cost more than 50% of the structure's fair value, it must be rebuilt to current code. Ignore the order and the City can do the work and lien the property.
DESTRUCTION REQUIRED. A building or a structure that may be or shall at any time become dangerous or unsafe shall, unless made safe and secure, be taken down and removed. RESTORATION. A building or structure declared structurally unsafe by the Building Inspector may be restored to safe condition, provided that if the damage or cost of reconstruction or restoration is in excess of 50% of the fair value of the building or structure, exclusive of foundations, such building or structure, if reconstructed or restored, shall be made to conform with respect to materials and type of construction to the requirements for buildings and structures hereafter erected. ... ACTION BY CITY; ASSESSMENT OF COST. If the person served with a notice or order to remove or repair an unsafe building or structure shall fail within a reasonable time to comply with the requirements thereof ... the Building Inspector may enter upon the premises with such assistance as may be necessary and cause the building or structure to be made safe or to be removed and the cost of such work may be recovered by the City in an action against the owner or tenant or cause the same to be paid and levied as a lien against the property.
Full Breakdown
18 gives the Building Inspector authority over any building or structure that becomes dangerous or unsafe: it must be taken down and removed unless it is made safe and secure. A structure the Inspector declares structurally unsafe can instead be restored, but if the damage or the cost of reconstruction exceeds 50% of the building's fair value, exclusive of foundations, the restored building must conform to current construction standards as though newly built. The process starts when the Inspector receives information that a building is dangerous to life, health or adjoining property because of bad condition, defective construction, overloaded floors, decay, lack of fire guards or general dilapidation.
After inspecting, the Inspector serves written notice on the owner or another interested party describing the unsafe conditions and ordering the building secured or removed, and posts a card reading "This Building Cannot be Used for Human Habitation, Occupancy or Use" on the outside wall; removing or defacing that notice is itself prohibited. If the building is used for a licensed purpose, the Inspector can have the license revoked until the building complies. If the owner fails to act within a reasonable time, or if public safety demands immediate action, the Inspector may enter the property with assistance, make it safe or remove it, and recover the cost from the owner or tenant in court or by levying it as a lien against the property.
Violations & Fines
Failure to comply with an unsafe-building order lets the City perform the work itself and either sue the owner or tenant for the cost or place a lien on the property. Violations of Chapter 16 generally, including this section, are also punishable under the §16.25 penalty clause, which defaults to the §25.05 general schedule: not less than $10 nor more than $2,500 for a first offense and $100 to $5,000 for each later offense, with every continuing day a separate violation.
Frequently Asked Questions
Who decides a building is unsafe in Waukesha?
What happens if I ignore the Building Inspector's order to fix or remove an unsafe building?
Can Waukesha revoke my license over an unsafe building?
Do I have to rebuild an unsafe building to current code?
Sources & Official References
Other rules in Waukesha
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