WAUPUN — The City of Waupun is looking into adopting ordinances to combat vacant and dilapidated properties within the community.
Under the new vacant property ordinance, properties would receive increased scrutiny from the City and empower the City to do more about problem properties.
This was discussed at the City Council meeting held Tuesday night.
Mayor of Waupun Rohn Bishop has been pushing for an ordinance like this since his election in 2022, seeing the great investment several downtown businesses have made into their new buildings. But many business-owners might be hesitant to buy and invest so much when neighboring properties are in a dilapidated state, which the City under Mayor Bishop has been trying to fix.
Two particular properties Mayor Bishop has been pushing against are the former Golden Cup Cafe building at the northeast corner of Main and Madison, and the building at 17 N Madison Street that most recently housed Warrior Nutrition.
Both properties have had vacant storefronts since their respective businesses closed down, either being empty in the case of the 17 N Madison building, or being used as a garbage dump for the apartment tenants in the case of the Golden Cup Cafe building.
Despite the obvious problems with both of these properties, the City has been unable to force a sale to someone who will invest in the community’s downtown business district. But if a new ordinance against vacant properties is adopted, it might be able to help combat current and future vacant properties.
“It’s been really difficult to make headway on these buildings,” said City Administrator Kathy Schlieve. “So I have been doing research for a while, gathering ordinances. There are more and more communities that are passing ordinances that require property owners of vacant buildings to register their properties and subject them to more inspections to ensure that they’re not falling into deterioration and subsequently impacting the surrounding property value.”
Schlieve presented example ordinances from Oshkosh and Menasha that deal with the issue of vacant properties, which she said could be used as a basis for Waupun to adopt a similar ordinance.
“As of right now, just trying to get a sign down is not easy,” Schlieve said.
The sign Schlieve referred to is the Fox Computer and Networking sign hanging on the front of the building at 17 N Madison St, a building they haven’t occupied since 2019. The City has been trying to have it taken down since Mayor Bishop was elected, but a lack of cooperation from the property owner and concerns about liability have prevented the City from taking direct action.
Alderman Dan Siebers immediately came out in favor of the proposed ordinance, saying that the City keeping a list of vacant business properties would make it easier for business owners interested in buying property to know who to contact. The requirement would also ensure that the City has up-to-date contact information for safety compliance.
Alderman Jason Westphal expressed concern about whether there would be a registration fee for when a property was made vacant. He felt that it would unfairly punish property owners just for having a business move out, but that fines for noncompliance would be fair.
Mayor Bishop pointed out that the fee is meant to incentivize property owners to not allow their property to go vacant, which Westphal said that they still would be, but it should be through a normal fee schedule instead of registering in the first place. Westphal reiterated that he agreed with the policy, and that the express purpose of the ordinance should be to incentivize either selling the property or getting a new tenant.
While aimed at mixed-use properties in the historic downtown district, the ordinance could also be applied to residential properties.
Schlieve explained the differences between the two example ordinances, where Menasha’s ordinance was focused on the commercial and industrial core, Oshkosh’s ordinance was for both commercial and residential properties.
City Attorney Dan Vande Zande recommended the City go in this route, where the ordinance makes no distinction between commercial, mixed-use, and residential properties. Vande Zande also suggested that the City consider how they make back costs, instead of simply citing the properties which might not be paid out.
The issue of vacant residential properties isn’t new to the community either. Even in the current housing market, there are several vacant properties in town that the owners refuse to sell. There are also several houses that aren’t maintained by their owners, both rentals and personal property alike. Earlier this year the City had to evict one homeowner from their property due to unlivable conditions and severe structural issues to the home, a property which is currently scheduled to be razed.
Alderman Mike Matoushek suggested that the City require properties to maintain insurance on vacant properties. City Attorney Vande Zande discussed potential difficulties in insuring a property that has been vacant for an extended period of time, recommending instead that the City require their own inspection standards, and issue orders to repair or face the “next step.”
Alderwoman Bobbi Jo Kunz, who is a real estate agent in downtown Waupun, spoke up about the issue and gave some insight on how different purchasing and renovating dilapidated properties is compared to well maintained properties. She went on to suggest that the ordinance specifically cover rental residential properties that should be considered unfit for human habitation.
Fire Chief BJ DeMaa added on to that by saying that the Fire Department only has access to rental properties with three or more units.
“My point with the residential portion is that we have a housing shortage in town, so I don’t think we should have to put up with these vacant properties,” said Mayor Bishop.
Bishop listed several vacant properties in town, including the property at 100 E Franklin and the home at 215 N Madison, both of which have been vacant for years. Another property at 37 W Franklin has also been vacant for as long as can be remembered.
The issue was for discussion only, and a draft for the ordinance will be presented to the Council at a future meeting.
Also discussed at the meeting were other recent ordinances, including the updated backyard chicken ordinance which was passed with no further discussion. Also passed was the food truck ordinance, which would require food trucks and other traveling vendors to be inspected before selling in the City.
The Council also discussed the ordinance pipeline, which included more upcoming ordinances that the City is currently drafting. This included the dog leash ordinance which was given a research deadline for late September. At last week’s meeting the Council gave no direction for changes to the ordinance, but the City is still considering options from the discussion.
According to the ordinance pipeline, the vacant property ordinance research will be complete by December 1, along with new Downtown Design Guidelines and business licensing updates.
