[HISTORY: Adopted by the City Council of
the City of Weyauwega 5-21-2001 by Ord. No. 2001-01 as Title 15, Ch. 4
of the 2001 Code. Amendments noted where applicable.]
This chapter shall be known as the "City of
Weyauwega Minimum Housing Code."
A.
This chapter is adopted for the purpose of preserving
and promoting the public health, safety, comfort, convenience, prosperity,
and general welfare of the people of the City and environs. This includes,
among others, physical, aesthetic, and property values.
B.
It is recognized that there may now be or may in the
future be residential buildings, structures, yards or vacant areas,
and combinations thereof which are so dilapidated, unsafe, dangerous,
unhygienic, overcrowded, inadequately maintained or lacking in basic
equipment or facilities, light, ventilation, and heating as to constitute
a menace to the health, safety, and general welfare of the people.
The establishment and enforcement of minimum housing and property
maintenance standards are necessary to preserve and promote the private
and public interest.
A.
Rules. In the construction of this chapter, the rules
and definitions contained in this section shall be observed and applied,
except when the context clearly indicates otherwise.
(1)
Words used in the present tense shall include the
future.
(2)
Words used in the singular number shall include the
plural number, and the plural the singular.
(3)
The word "shall" is mandatory and not discretionary.
(4)
The word "may" is permissive.
(5)
The phrase "used for" shall include the phrases "arranged
for," "designed for," "intended for," "maintained for," and "occupied
for."
B.
ADEQUATE
APARTMENT
APPROVED
ATTRACTIVE APPEARANCE
BASEMENT
BED-AND-BREAKFAST ESTABLISHMENT
BOARDINGHOUSE
BUILDING
CAPACITY IN PERSONS
COMPLIANCE INSPECTION
DWELLING
DWELLING UNIT
EXTERMINATION
FAMILY
FRIABLE MATERIAL
GOOD WORKING CONDITION
HABITABLE SPACE
IMPERVIOUS TO WATER
INFESTATION
LIVING ROOM
LODGING HOUSE
LODGING ROOM
MIXED OCCUPANCY
OCCUPANT
OPERATOR
OWNER
PERSON
PROPERLY
PROVIDED
RESIDENTIAL BUILDING
ROOM
ROOMING HOUSE
SLEEPING ROOM
STRUCTURE
SUPPLIED
Definitions. The following definitions shall be applicable
in this chapter:
Adequate as determined by the Building Inspector under the
regulations of this chapter or adequate as determined by an authority
designated by law or this Code of Ordinances. "Adequately" shall mean
the same as "adequate."
One or more rooms with provisions for living, cooking, sanitary,
and sleeping facilities arranged for use by one family.
Approved by the Building Inspector under the regulations
of this chapter or approved by an authority designated by law, this
chapter or this Code of Ordinances.
An appearance which is in accordance with generally accepted
professional practices for new construction within the City and which
is not likely to adversely affect the values of abutting or neighborhood
properties or of the principal property.
A portion of a building located partly or wholly underground
and having half or more than half of its clear floor-to-ceiling height
below the average grade of the adjoining ground.
As defined in the City's Zoning Code.[1]
See "lodging house" and "lodging room."
A combination of material to form a construction that is
safe and stable and adapted to permanent or continuous occupancy for
assembly, business, educational, high hazard, industrial, institutional,
mercantile, residential, or a storage purpose; the term "building"
shall be construed as if followed by the words "or portion thereof."
For the purpose of this chapter, each portion of a building completely
separated from other portions by an unpierced fire wall shall be considered
as a separate building.
The capacity in persons of a building is the maximum number
of persons that can occupy such building, as determined by the required
floor space per person as established in this chapter.
An inspection performed in conjunction with a lawful order
of the City Council or Building Inspector for the purpose of certifying
the fulfillment of an official requirement listed in the order.
A place of abode, a residence, or a house for use by one
or more persons, excluding hotels or motels.
One or more rooms with provisions for living, cooking, sanitary,
and sleeping facilities arranged for use by one family.
The control or elimination of infestation by eliminating
harboring places and removing or making inaccessible materials that
may serve as food and by poisoning, spraying, trapping, fumigation
by a licensed fumigator or any other effective elimination procedure.
An individual or two or more persons related by blood, marriage,
or legal adoption living together as a single housekeeping unit in
a dwelling unit, including foster children, and not more than two
roomers. For the purpose of this definition, "children" means natural
children or a ward as determined in a legal guardianship proceeding.
Up to two personal attendants who provide services for family members
or roomers who, because of advanced age or physical or mental disability,
need assistance with activities of daily living shall be considered
part of the family. Such services may include personal care, housekeeping,
meal preparation, laundry or companionship.
Any material applied on ceilings, walls, structural members,
piping, duct work, or any other part of a building which when dry
may be crumbled, pulverized, or reduced to powder by hand pressure.
The term includes nonfriable material after such previously nonfriable
material becomes damaged to the extent that when dry it may be crumbled,
pulverized, or reduced to powder by hand pressure.
Capable of performing the task for which it was designed
and in the manner intended by this chapter.
One or more rooms in a dwelling used primarily for sleeping,
living, or dining purposes.
Constructed of concrete, cement block, terrazzo, brick, tile,
or other material approved by the Building Inspector and having tight-fitting
joints.
The sustained presence of household pests, vermin, or rodents.
A room used primarily for living, dining, or cooking purposes.
A dwelling containing lodging rooms that will accommodate
up to three persons not members of a family.
A portion of a dwelling used primarily for sleeping and living
purposes, excluding cooking facilities.
Occupancy of a building in part for residential use and in
part for some other use not accessory thereto.
One who occupies or has actual possession of usable space.
Any person who has charge or control of a building or part
thereof in which dwelling units or lodging rooms are located or let.
Every person, firm, partnership, or any individual member
thereof, corporation, business organization of any kind, the state,
the county, the City, any sewer district, drainage district, and any
other public or quasi-public corporation having vested interest in
the property under consideration and shall include the representative,
officer, agent, or other person having the ownership, control, custody,
or management of any building. "Owner" does not include any person
whose legal or equitable interest in the building is a security interest
derived solely from the extension of credit to permit construction
or remodeling of the dwelling or purchase of the dwelling by a third
party.
Any individual, firm, corporation, association, or partnership.
As deemed proper by the Building Inspector under the regulations
of this chapter or deemed proper by an authority designated by law
or this chapter.
Furnished, supplied, paid for or under control of the owner.
A building which is arranged, designed, used, or intended
to be used for residential occupancy by one or more families or lodgers
and which includes, but is not limited to, the following types: single-family
dwellings, two-family dwellings, multiple-family dwellings (including
apartment hotels), and lodging houses. (For the purpose of this chapter,
any building containing any of the above uses together with other
uses shall be considered a residential building.)
A partitioned part of the inside of a building. For the purpose
of this definition, "partition" shall mean something that divides
interior space, especially an interior dividing wall. A wall is one
of the sides of a room or building connecting floor and ceiling and
may also include anything which encloses or separates space. A partition
or wall which intrudes into the space by more than 1/3 of the least
dimension of an existing room may be regarded as creating an additional
separate room. The partitioned space shall be considered as a room
if privacy is implied, light and ventilation are affected, or a bedroom
through a bedroom, bathroom through a bedroom or bedroom through a
bathroom situation is created.
See "lodging house" and "lodging room."
A room used for sleeping purposes.
Anything constructed or erected, the use of which requires
more or less permanent location on the ground, or attached to something
having permanent location on the ground.
Paid for, furnished, or provided by or under control of the
owner or operator.
A.
Purpose. The purpose of this section is to establish
minimum standards for basic equipment, lighting, ventilation, and
electrical service for all residential buildings and parts thereof
and to obtain the public and private benefits accruing from the provision
of such services. A suitable environment for safe and healthy living
is encouraged by adequate water and sanitary facilities, proper storage
and disposal of garbage, recyclables and other refuse, safe means
of egress, and provision of light, air, heat, and electrical service.
B.
Minimum standards. No person shall occupy as owner
or let to another for occupancy any space in a residential building
for the purpose of living, sleeping, cooking, or eating therein which
does not comply with the following requirements:
(1)
Basic plumbing requirements. Every dwelling unit shall
contain a kitchen sink, a flush water closet, a lavatory basin, and
a bathtub or shower, all in good working condition and properly connected
to hot and cold water lines and to an approved water and sewer system.
The flush water closet, lavatory basin, and bathtub or shower shall
be contained within a separate room. Water pressure shall be available
at all fixtures as specified in § Comm 82.40, Wis. Adm.
Code.
(2)
Water-heating facilities. Every residential building
shall have supplied water-heating facilities which are properly installed,
are maintained in safe and good working condition, are properly connected
with the hot water lines required hereunder and are capable of heating
water to such a temperature as to permit an adequate amount of water
to be drawn at any required kitchen sink, lavatory basin, bathtub,
or shower at a temperature of not less than 110° F.
(3)
Refuse storage. Each resident in every residential
building shall be responsible for supplying such building with garbage,
refuse and recyclable materials storage facilities, the type and location
of which are in compliance with City regulations.
(4)
Egress. Every dwelling unit and lodging room shall
have direct access to at least two accessible unobstructed means of
egress leading to a safe and open public street, alley, or court connected
to a street. Exterior stairways or exit platforms, or a combination
thereof, will be permitted as second exits, provided that the platform
or stairways terminate at a point not more than 10 feet above the
grade directly below the lowest platform. All stairs shall terminate
at grade or a platform. Platforms shall have a minimum area of 14
square feet with a minimum dimension of three feet. All stairways
and platforms shall be protected with handrails and guardrails as
specified in § Comm 21.04(2) or Ch. Comm 62, Wis. Adm. Code.
Existing variances to the height limitations specified above may be
approved by the Board of Appeals, provided that the platforms or stairs
are maintained in a sound structural condition.
(5)
Plumbing. Each lodging house shall provide at least
one flush water closet, lavatory basin, and bathtub or shower, properly
connected to an approved water and sewer system and in good working
condition, for each seven persons or fraction thereof residing therein,
including members of the operator's family wherever they share the
use of said facilities, except that the required number of bathtubs
or showers may be reduced by the Board of Appeals for lodging houses
utilizing gang bathrooms containing multiple bathtubs or showers.
All such facilities shall be located on the floor occupied by persons
sharing such facilities or the floor directly above or below and shall
be accessible from a common hall or passageway. Every lavatory basin
and bathtub or shower shall be supplied with hot water at all times.
(6)
Windows and ventilation.
(a)
Every living, sleeping, kitchen or bathroom
shall have available natural light and ventilation complying with
§ Comm 21.05 or Ch. Comm 64, Wis. Adm. Code, as dictated
by the occupancy of the building. Existing light and ventilation conditions
which do not comply with Department of Commerce codes may remain in
use with the granting of a variance by the Board of Appeals.
(b)
Exhaust ventilation shall be installed in all
toilet rooms, except those having only one fixture (water closet or
one urinal) and in which the window area is greater than four square
feet and more than two square feet is openable directly to the exterior
of the building. The volume of air exhausted shall not be less than
two cubic feet per minute per square foot of floor area.
(c)
All doors and windows required for ventilation
shall be protected with insect screen equivalent to not less than
sixteen-wire mesh installed to prevent the entrance of flies, mosquitoes
and other insects, to be annually installed during May before June
1 and maintained until storm windows are installed in autumn.
(d)
All exterior doors and windows shall have storm
windows or storm doors installed or maintained to prevent excessive
drafts and heat loss no earlier than October 15 but no later than
November 15 annually.
(e)
Existing habitable rooms without openable windows
shall be provided with a mechanical ventilation system producing one
air change per hour. All required exhaust vents shall terminate outside
the structure.
(7)
Electrical. Every dwelling unit and all public and
common areas in multiple dwellings shall be supplied with electrical
service, outlets, and fixtures which shall be properly installed,
shall be maintained in good and safe working conditions, and shall
be connected to a source of electric power in a manner prescribed
by the Wisconsin Electrical Code. The minimum capacity of such electrical
service and the minimum number of outlets and fixtures shall be as
listed below. (For the purposes of this section, "electrical service"
shall mean the conductors and equipment for delivering electrical
energy from the supply system to the wiring system of the premises
or the unit served.) The electrical service shall be of sufficient
size to handle the load connected to it. The branch circuits shall
be protected by S-type or equivalent safety type, tamper-proof fuses,
not to exceed the ampacity of the smallest wire size in the circuit.
(a)
Every dwelling unit or room shall have electric
service capable of providing at least three watts per square foot
of total floor area (air conditioners, ranges, space heaters and motor-driven
equipment 1/8 horsepower or over excluded).
(b)
Every lavatory, bathroom, kitchen or kitchenette,
dining room, laundry room and furnace room shall contain at least
one approved ceiling- or wall-type electric light fixture equipped
with sufficient lamps or tubes to provide no less than five footcandles
at floor level at the center of the room. Where more than one fixture
is used or required, they shall be equally spaced as far as practicable.
(A switched outlet may be substituted for the ceiling or wall fixture
in the dining room.)
(c)
Convenience outlet receptacles shall be provided
as follows (measurements are at room perimeter and include doors and
door-alcoves):
[1]
Living room: one per 75 square feet or major
fraction (minimum of two).
[2]
Dining room: one per 75 square feet or major
fraction (minimum of two).
[3]
Kitchen: one per eight feet or fraction of countertop
and preparation area measured at rear (preparation area includes countertops,
sinks, range tops, and all other similar areas at counter height).
Island-type work areas require one for each eight feet or less of
length. Separate outlets shall be provided for refrigerators.
[4]
Dining areas in kitchen: one per 75 square feet
or major fraction.
[5]
Bedroom: one per 75 square feet or major fraction
(minimum of two).
[6]
Laundry: one when laundry equipment is present.
[7]
Bathrooms and lavatories: one (may be part of
wall fixture if 72.0 inches or less from floor).
[8]
Other habitable rooms: minimum of two.
(d)
Fixed appliances exceeding 1/8 horsepower or
300 watts rating shall not be connected to general purpose branch
circuits. Convenience outlets are to be located to present use of
extension cords (NEC 400-8).
(e)
All cords and temporary wiring not in compliance
with NEC Article 400-A, and all exposed abandoned wiring, shall be
removed immediately upon the direction of the Building Inspector or
Fire Inspector.
(f)
Switches or equivalent devices for turning on
one light in each room or passageway shall be located so as to conveniently
control the area to be lighted.
(g)
Public halls and stairways in multiple dwellings
shall be adequately lighted by natural or electric light at all times
so as to provide in all parts thereof at least 2 1/2 footcandles of
light at the tread or floor level. Halls and stairways in structures
containing not more than three dwelling units may be supplied with
conveniently located switches, controlling the lighting system, which
may be turned on when needed. Other occupancies require full-time
or automatic time-switched lighting. When dwelling unit doors open
to the outside, a minimum of 2 1/2 footcandles of illumination at
the locks is required. Required parking areas for more than three
cars shall be lighted to a minimum of one footcandle on all surfaces.
(h)
When the service in an existing residential
building is changed for any reason, the entire building electrical
system shall be brought to the above minimum standards. The minimum
replacement electrical service shall be 100 amps for the first two
dwelling units in a building and 50 amps for each additional unit.
Where electric heat and air conditioners over 20 amps are added or
in place, additional capacity to cover this demand is required. All
electrical work shall be done in accordance with the National Electrical
Code.
(8)
Heating.
(a)
All habitable rooms shall be provided with a
permanently connected heating system complying with the City ordinances.
(b)
The heating system shall be maintained in a
safe and efficient condition by a qualified person and a record kept
at the premises showing the date of service and by whom. A minimum
temperature of 67° F. shall be maintained in all habitable rooms
when the outdoor temperature is above 0° F., absent the wind-chill
factor, and a minimum temperature of 60° F. shall be maintained
in all habitable rooms when the outdoor temperature is 0° F. or
lower, absent the wind-chill factor. The outdoor temperature for the
City shall be the temperature as reported by the National Oceanic
and Atmospheric Administration and the reports thereof shall be admissible
in evidence and conclusive as to temperature.
(c)
The occupant of a room or an apartment may maintain
a lesser temperature than is specified above as long as it does not
affect the temperature in other habitable areas of the building.
(9)
Lighting.
(a)
Illumination shall be provided at all intersections
of passageways, at all exits, and at the head, foot, and landings
of every stairway in all buildings accommodating transients, three
or more apartments, and lodging houses. The illumination shall be
provided during a period one hour before sunset to one hour after
sunrise.
(b)
Every residential building that will accommodate
transients, three or more families, or 20 persons shall have lights
at the emergency exit doors or other places as may be necessary to
direct the occupant to the exit doorways. The lights shall be red
and accompanied by a sign bearing the word "Exit" in plain letters
five inches high, or a red illuminated translucent exit sign may be
used.
(10)
Cooking areas restricted. The owner or operator
of every residential building shall not provide, use, or permit to
be used and the occupant shall not provide, use, or permit to be used,
in any room other than a kitchen, any equipment designed or intended
to be used for cooking or preparation of meals.
(11)
Emergency work information. Every owner of a
multifamily dwelling shall make available to the occupants the names
of two or more persons that may be called to arrange for emergency
work. The names with the telephone numbers shall be posted in a conspicuous
place readily accessible to the occupants. The names with the telephone
numbers shall be revised periodically to maintain accurate information
at all times.
A.
Purpose. The purpose of this section is to recognize
the private and public benefits resulting from the safe, sanitary,
and attractive maintenance of residential buildings, yards, or vacant
areas. Attractive and well-maintained property will enhance the neighborhood
and City and provide a suitable environment for increasing physical
and monetary values.
B.
Maintenance requirements. Every owner or operator
shall improve and maintain all property under his control to comply
with the following minimum requirements:
(1)
Drainage. All courts, yards, or other areas on the
premises shall be properly graded to divert water away from the building.
Adjacent ground surface shall be sloped away from the structure with
a grading of at least 1/2 inch per foot for a minimum of five feet
where possible or by other means such as eaves, troughs and downspout
extensions.
(2)
Weeds. All exterior property areas shall be kept free
from noxious weeds as required by this Code of Ordinances and the
Wisconsin Statutes. Where required weed and grass cutting is not performed
by the property owner, the Weed Commissioner shall perform said weed
cutting and process the charge therefor as a special charge against
the benefitted property.[1]
[1]
Editor's Note: See also 283-4, Destruction of noxious weeds.
(3)
Debris. All exterior property areas shall be properly
maintained in a clean and sanitary condition free from debris, rubbish
or garbage, physical hazards, rodent harborage and infestation, and
animal feces. All animal feces shall be removed within 24 hours.
(4)
Fences, walks and parking areas. Fences, other minor
construction, walks, driveways, parking areas, and similar paved areas
shall be properly maintained in a safe, sanitary and substantial condition.
Approved walks shall provide convenient all-weather access to buildings.
(5)
Exterior surfaces. Exterior surfaces of buildings
and structures not inherently resistant to deterioration shall be
treated with a protective coating of paint or other suitable preservative
which will provide adequate resistance to weathering and maintain
an attractive appearance. Any exterior surface treated with paint
or other preservative shall be maintained so as to prevent chipping,
cracking, or other deterioration of the exterior surface or the surface
treatment and to present an attractive appearance. All paint or other
preservative shall be applied in a workmanlike fashion.
(6)
Yard areas. Yard areas of real estate shall not be
permitted to deteriorate or remain in a condition that is not in accord
with the following:[2]
(a)
Yard areas shall be kept in a clean and sanitary condition, free
from any accumulation of combustible or noncombustible materials,
debris, or refuse. Yards shall not be used to store appliances, furnaces,
hot-water heaters, water softeners, or building material not used
within 10 days or any unsightly bulk items.
(b)
Landscaping, plantings and other decorative surface treatments, including
common species of grass, shall be installed if necessary and maintained
to present an attractive appearance in all court and yard areas. Lawns
shall be maintained to a height in compliance with City ordinances.
Plantings shall be maintained so as not to present hazards to adjoining
properties or to persons or vehicles traveling on public ways and
shall be maintained so as to enhance the appearance and value of the
property on which located and thereby the appearance and value of
the neighborhood and City. The City, after due notice to the property
owner, will cause to be cut or trimmed nonconforming areas and place
said cost as a special charge due against the property.
(7)
General requirements.
(a)
Every interior floor, wall, and ceiling, including
door and window assemblies, shall be kept clean and in good repair
and shall be capable of affording privacy. Any hazardous sagging or
bulging shall be properly repaired to a level or plumb position. All
surfaces shall be free from serious cracking, irregularities, and
peeling paint. A waterproof and hard surface shall be provided in
spaces subject to moisture. All surface repairs shall be completed
to closely match the existing surface color and texture. Floor surfacing
shall provide ease of maintenance and durability appropriate for the
use of the room.
(b)
Every foundation, exterior wall, and floor and
roof shall be reasonably weathertight, watertight, and rodent-proof
and shall be kept in proper repair and shall be capable of affording
privacy. Any hazardous sagging or bulging shall be properly repaired
to a level or plumb position. All chimneys and breaching shall be
so constructed and maintained so as to ensure that it safely and properly
removes the products of combustion from the building.
(c)
Every gap allowing the accumulation of dirt
or other objectionable matter in bathing, toilet, or food preparation
areas shall be tightly sealed with an impervious and cleanable material.
(8)
Stairs. Every inside and outside stair, every porch,
and every appurtenance thereto shall be so constructed as to be safe
to use and capable of supporting the load that normal use may cause
to be placed thereon and shall be kept in proper condition and repair
and shall present an attractive appearance. All interior and exterior
stairs and steps and every appurtenance thereto shall comply with
the requirements specified in § Comm 21.04 or Ch. Comm 62,
Wis. Adm. Code, as dictated by the type of occupancy in the building.
(9)
Plumbing fixtures. Every plumbing fixture and water
and waste pipe shall be properly installed and maintained in good
working condition, free from defects, leaks, and obstructions.
(10)
Bathrooms. Every water closet compartment floor
surface and bathroom floor surface shall be properly constructed and
maintained so as to be reasonably impervious to water and so as to
permit such floor to be easily kept in a clean and sanitary condition.
(11)
Supplied facilities.
(a)
Every supplied facility, piece of equipment,
or utility shall be so constructed, installed, and maintained so that
it will function in a proper working condition.
(b)
The owner of any dwelling or apartment in which
a cooking stove and/or refrigerator is furnished for the use of the
tenants as part of a rental agreement shall keep such cooking stove
and/or refrigerator in good mechanical working condition.
(c)
It shall be the responsibility of the tenant
to maintain supplied facilities in a clean and sanitary condition
when contained within the tenant's dwelling unit.
(12)
Equipment removal restricted. No owner, operator,
or occupant shall cause any service, facility, equipment, or utility
which is required under this chapter to be removed from or shut off
from or discontinued for any occupied dwelling, dwelling unit, or
lodging room let or occupied by him/her, except for such temporary
interruption as may be necessary while actual repairs are in process
or during temporary emergencies when discontinuance of service is
approved by an authorized inspector.
(13)
Abandoned fuel oil tanks. Abandoned fuel oil
tanks shall be removed from the building.
(14)
Removal of debris.
(a)
No person shall dispose of rocks, trees, stumps,
waste building material, or other debris from land development, building
construction, street grading, or installation of underground utilities
upon the surface of any land in the City, except at approved disposal
sites.
(b)
No landowner shall allow an accumulation of
rocks, trees, stumps, waste building material or other debris from
land development, building construction, street grading, or installation
of underground utilities upon the surface of his land for a period
of more than 10 days.
(c)
All vacant lands within the City shall be leveled
off to permit the mowing of weeds as outlined within this Code. This
includes the removal of stones, bottles, wires and other debris that
will interfere with mowing operations.
(d)
All lands in the City shall be kept free of
weeds and maintained so there is no detrimental influence on the public
health, safety, comfort or general welfare of the immediate neighborhood
or community.
A.
Purpose. The purpose of this section is to establish
minimum standards for the quantity, location, and use of space in
residential building units so as to preserve and promote the public
interest. A suitable environment for safe, healthy, and desirable
living can be enhanced by providing adequate space and privacy for
occupants of all residential buildings.
B.
Size of dwellings and rooms.
(1)
Detached single-family dwellings. Every detached single-family
dwelling other than a mobile home shall have at least 500 square feet
of floor area on the first floor level.
(2)
Size of rooms. Floor area shall be as prescribed in
the appropriate zoning district.
(4)
Hallways. Access to all lodging and sleeping rooms
shall be from a common hallway and not through bathrooms or other
lodging and sleeping rooms.
(5)
Cellar space. No cellar space shall be used as a sleeping
room.
(6)
Basement use as a sleeping area. No basement space
shall be used for a sleeping room unless:
(a)
The floor and walls are impervious to leakage
of underground and surface runoff water and are insulated against
dampness.
(b)
The total window area in each room is equal
to at least the minimum window area required in this chapter. The
required minimum window area must be located entirely above the grade
of the ground adjoining such window area.
(c)
The total of openable window area in each room
is equal to at least the minimum as required under this chapter, except
where there is supplied some other device affording adequate ventilation
and approved by the Building Inspector.
A.
Purpose. The purpose of this section is to fix the
responsibility of owners, operators, and occupants of residential
buildings.
B.
Responsibilities. The responsibility of owners, operators,
and occupants of residential buildings is as follows:
(1)
Every owner of a residential building containing two
or more dwelling units shall be responsible for maintaining in a clean,
proper, and sanitary condition the shared or public areas of the residential
building and premises thereof.
(2)
Every occupant of a residential building shall keep
in a clean, proper, and sanitary condition that part of the residential
building and premises thereof which he/she occupies and controls,
except that the operator of every lodging house shall be responsible
for the sanitary maintenance of all walls, floors, ceilings, and every
other part of the lodging house. Every occupant of a residential building
shall dispose of all his refuse, recyclables, and garbage as required
by this Code of Ordinances.
(3)
Every owner of a residential building shall be responsible
for hanging, installation, and maintenance of all screens and double
or storm doors and windows whenever the same are required under provisions
of this Code of Ordinances.
(4)
Every occupant of a dwelling containing a single dwelling
unit shall be responsible for the extermination of any insects, rodents,
or other pests therein or on the premises, and every occupant of a
dwelling unit in a residential building shall be responsible for such
extermination whenever his dwelling unit is the only one infested.
Notwithstanding the foregoing, whenever infestation is caused by failure
of the owner to maintain a residential building in a reasonable condition,
extermination shall be the responsibility of the owner. Whenever infestation
exists in two or more of the dwelling units or lodging rooms in any
residential building or in the shared or public parts of any residential
building, extermination thereof shall be the responsibility of the
owner.
(5)
Every occupant of a dwelling unit shall keep all plumbing
fixtures therein in a clean and sanitary condition and shall be responsible
for the exercise of reasonable care in the proper use and operation
thereof.
(6)
The owner or operator shall not occupy or let to another
for occupancy any space in a residential building unless it is clean,
sanitary, fit for human occupancy, and complies with the requirements
of this chapter and compliance inspections/orders thereunder and the
occupancy is limited to the maximum permitted thereby.
(7)
Every owner of a lodging house shall make available
to the occupants the names of two or more persons that may be called
to arrange for emergency work. The names with the telephone numbers
shall be posted in a conspicuous place readily accessible to the occupants.
The names with the telephone numbers shall be revised periodically
to maintain accurate information at all times.
(8)
The operator of every lodging house shall change supplied
linen and towels therein at least once each week and prior to the
letting of any room to any occupant. The operator shall be responsible
for the maintenance of all supplied bedding in a clean and sanitary
condition.
A.
The Building Inspector is authorized and empowered
to inspect all residential buildings within the City for the purpose
of determining whether or not said residential buildings comply with
the requirements of this chapter. If any owner or occupant denies
the Building Inspector entry into any residential building or portion
thereof, the Building Inspector is authorized to obtain inspection
warrants from an appropriate court and then enter and inspect said
residential building pursuant to the authority of such warrant.
B.
No owner of a residential building may deny the Building
Inspector of the right to enter and inspect any portion thereof under
the control of a tenant when the tenant has consented to said entry
and inspection.
The designation of dwellings or dwelling units
as unfit for human habitation and the procedure for the condemnation
and placarding of such unfit dwellings or dwelling units shall be
carried out in compliance with the following procedures and guidelines:
A.
Any dwelling or dwelling unit which shall be found
to have any of the following defects shall be condemned as unfit for
human habitation and shall be so designated and placarded by the Building
Inspector:
(1)
One which is so damaged, decayed, dilapidated, unsanitary,
unsafe, or vermin-infested that it creates a serious hazard to the
health, safety, or welfare of the occupants or of the public.
(2)
One which lacks illumination, ventilation, heating,
basic equipment, or sanitation facilities adequate to protect the
health, safety, or welfare of the occupants or of the public.
(3)
One which, because of its general condition or location,
is unsanitary or otherwise dangerous to the health, safety, or welfare
of the occupants or of the public.
(4)
One which, because of its general condition, location
or appearance, is a blighting influence or causes decreasing physical
or monetary value of property in the neighborhood.
B.
Any dwelling, dwelling unit, building or structure
designated and placarded as unfit for human habitation and in need
of repair by the Building Inspector shall be vacated within such a
reasonable time as is ordered by the Building Inspector.
C.
No building or structure or part thereof which has
been designated and placarded as unfit for human habitation and in
need of repairs or razing shall again be used for human habitation
until written approval is secured from, and such placard is removed
by, the Building Inspector. The Building Inspector shall remove such
placard whenever the defect or defects upon which the designation
and placarding action were based have been eliminated.
D.
No person shall deface or remove the placard from
any building or structure, or part thereof, which has been condemned
as unfit for human habitation and placarded as such.
E.
Any building or structure or part thereof designated
as unfit for human habitation and in need of repairs or razing by
the Building Inspector, which in the opinion of the Building Inspector
would be unreasonable to repair, shall be razed or removed upon legal
written service of the order of Building Inspector. If the owner shall
fail or refuse to comply with the order, the Building Inspector shall
refer such violation to the City Attorney, who will start any legal
proceedings necessary to cause such building to be razed or removed
as a violation of this chapter.
F.
Any building which has been vacant for more than 30
days for any reason and has been damaged, illegally entered or vandalized
shall be secured against entry. This shall include adequately boarding
up doors, windows, and other openings in a workmanlike manner so as
to prevent illegal entry, vandalism or damage.
(1)
The building utilities, plumbing, electrical and heating
systems in vacant buildings shall be maintained at all times in a
safe condition or inactivated so as to prevent the possibility of
damage to the structure by the failure of such utilities and so as
to prevent hazardous and dangerous conditions.
(2)
When any building has been damaged by fire or other
cause and when hazardous or dangerous conditions exist and when such
building cannot be secured by conventional locking or boarding up
of windows and doors, such building shall be fenced off so as to prevent
access and entry to the structure and the area immediately surrounding
the structure within three days of the damage by fire or other cause.
A.
Notice of violation.
(1)
Whenever the Building Inspector determines that there
are reasonable grounds to believe that there has been a violation
of any provision of this chapter or of any rule or regulation adopted
pursuant thereto, he/she shall give notice of such alleged violation
to the person or persons responsible therefor as hereinafter provided.
Such notice shall:
(a)
Be in writing.
(b)
Include a statement of the reasons why it is
being issued.
(c)
Allow a reasonable time for the performance
of any act it requires.
(d)
Be served upon the owner or his agent, or the
occupant, as the case may require, provided that such notice shall
be deemed to be properly served upon such owner or agent or upon such
occupant if:
[1]
A copy thereof is served upon him/her personally;
[2]
A copy thereof is sent by registered mail to his last known address;
[3]
A copy thereof is posted in a conspicuous place in or about the dwelling
or dwelling unit affected by the notice; or
[4]
He/she is served with such notice by any other method authorized
or required under the laws of this state.
(2)
The above notice may contain an outline of remedial
action which, if taken, will effect compliance with the provisions
of this chapter and with rules and regulations adopted pursuant thereto.
B.
Whenever there has been notice of a violation issued
to the owner, the agent of any owner, or the occupant of property
which is in violation of this chapter, no further notice shall be
necessary for any reoccurrence of the violation prior to the commencement
of any forfeiture action or prior to seeking an injunction in a court
of record.
C.
Any person affected by any notice which has been issued
in connection with the enforcement of any provision of this chapter
or of any rules or regulations adopted pursuant thereto may request
and shall be granted a hearing on the matter before the Building Inspector,
provided that such person shall file, in the office of the Building
Inspector, a written petition requesting such hearing and setting
forth a brief statement of the grounds therefor within 10 days after
the day the notice was served. Upon receipt of such petition, the
Building Inspector shall set a time and place for such hearing and
shall give the petitioner written notice thereof. At such hearing,
the petitioner shall be given an opportunity to be heard and to show
why such notice should be modified or withdrawn. The hearing shall
be commenced no later than 10 days after the day on which the petition
was filed. Upon application of the petitioner, the Building Inspector
may postpone the date of the hearing for a reasonable time beyond
such ten-day period if, in his judgment, the petitioner has submitted
a good and sufficient reason for such postponement.
D.
Following such hearing, the Building Inspector shall
sustain, modify, or withdraw the notice, depending upon his findings
as to whether the provisions of this chapter and of the rules and
regulations adopted pursuant thereto have been complied with. If the
Building Inspector sustains or modifies such notice, it shall be deemed
to be an order. Any notice served pursuant to this chapter shall automatically
become an order if a written petition for a hearing is not filed in
the office of the Building Inspector within 10 days after such notice
is served. Following a hearing in the case of any notice suspending
any permit required by this chapter or by any rule or regulation adopted
pursuant thereto, when such notice has been sustained by the Building
Inspector, the permit shall be deemed to have been revoked. Any such
permit which has been suspended by a notice shall be deemed to be
automatically revoked if a petition for hearing is not filed in the
office of the Building Inspector within 10 days after such notice
is served.
E.
The proceedings at such hearing, including the findings
and decision of the Building Inspector, shall be summarized, reduced
to writing, and entered as a matter of public record. Such record
shall also include a copy of every notice or order issued in connection
with the matter. Any person aggrieved by the decision of the Building
Inspector may seek relief therefrom in any court of competent jurisdiction,
as provided by the laws of this state.
F.
Whenever the Building Inspector finds that an emergency
exists which requires immediate action to protect the public health,
safety, or welfare, he/she may, without notice or hearing, issue an
order reciting the existence of such an emergency and requiring that
such action be taken as he/she deems necessary to meet the emergency.
Notwithstanding the other provisions of this chapter, such order shall
be effective immediately. Any person to whom such order is directed
shall comply therewith immediately but upon petition to the Building
Inspector shall be afforded a hearing as soon as possible. After such
hearing, depending upon his findings as to whether the provisions
of this chapter and of the rules and regulations adopted pursuant
thereto have been complied with, the Building Inspector shall continue
such order in effect or modify it or revoke it.