[HISTORY: Adopted by the Village Board of the Village of
Clayton 2-4-2013 by Ord. No. 2013-01. Amendments noted where applicable.]
This chapter shall be known as the "Rental Housing Code of the
Village of Clayton."
The purpose of this rental housing code (this "chapter") is
to insure that residential rental properties conform to minimum safety,
health and maintenance standards. This chapter shall include all single-family
and multifamily residential rental properties within the Village of
Clayton.
A.
BASEMENT
BUILDING INSPECTOR
EXTERMINATION
GARBAGE
HABITABLE ROOM
INFESTATION
LANDLORD
MULTIPLE RENTAL DWELLING
OCCUPANT or TENANT
OPERATOR
OWNER
PERSON
PLUMBING
RENTAL DWELLING
RENTAL DWELLING UNIT
RENTAL PROPERTY
ROOMING UNIT
RUBBISH
SUPPLIED
The following
definitions apply in the interpretation and enforcement of this chapter:
A space of full story height below the first floor which
is not designed or used primarily for year-round living accommodations.
Space, partly below grade, which is designed and finished as habitable
space, is not defined as basement space.
The person, or his authorized representative, who is minimally
certified to conduct occupancy or use inspections based on the requirements
of the Building Code of the Village,[1] designated the title by appointment of the Village President
and the confirmation of the Village Board.
The control and elimination of insects, rodents or other
pests by eliminating their harborage places, by removing or making
inaccessible materials which may serve as their food, by poisoning,
spraying, fumigating, trapping or by other recognized and legal pest
elimination methods approved by the Health Office.
The animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
A room or other enclosed floor space used or intended to
be used for living, sleeping, cooking or eating purposes, excluding
bathrooms, water closet compartments, laundries, pantries, foyers
or corridors, closets and storage space.
The presence within or around a dwelling of any insects,
rodents or other pests.
The building owner or his authorized agent, or the person
authorized to rent or lease the building.
Any dwelling containing two or more rental dwelling units.
Any person living, sleeping, cooking or eating in or having
actual possession of a dwelling unit or rooming unit.
Any person who has charge, care or control of a building,
or part thereof, in which dwelling units or rooming units are offered
for rent.
Any individual, firm, association, copartnership, cooperation
or trust or any other legal entity who alone, jointly or severally
with others holds sufficient proprietary interest.
Any individual, firm, trust, partnership, public or private,
association or corporation, company, organization, municipality, joint-stock
company, society, group, joint venture, unincorporated association,
county or state agency within Wisconsin, the federal government or
any combination thereof.
All of the following supplied facilities and equipment: gas
pipes, gas burning equipment, water pipes, garbage disposal equipment,
waste pipes, water closets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clothes washing machines, catch
basins, drains, vents, floor drains, laundry traps, drinking fountains,
gutters, downspouts, area drains, lines, sanitary and storm sewer
systems; also subsoil drainage and any other supplied fixtures together
with all connection to water, sewer or gas lines.
Any building which is wholly or partly used or intended to
be used for living or sleeping by human occupants.
Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities which are used or
intended to be used for living, sleeping, cooking and eating.
Property which is rented or leased to any person other than
the owner or members of his immediate family.
Any room or group of rooms forming a single habitat unit
used or intended to be used for living and sleeping but not for cooking
or eating purposes.
Combustible or noncombustible waste materials, except garbage;
and the term shall include the residue from the burning of wood, coal,
coke and other combustible material, paper, rags, cartons, boxes,
wood excelsior, trimmings, leaves, tin cans, metals, mineral matter,
glass, crockery or dust.
Anything paid for, furnished or provided by or under the
control or the owner or operator.
B.
Clarification.
Whenever the words "dwelling," "dwelling unit," "rooming house," "rooming
unit" or "premises" are used in this chapter, they shall be construed
as though they were followed by the words "or any part thereof."
A.
Inspections. The Building Inspector shall make triannual inspections
to coincide with the three-year license issuance and any subsequent
license renewals to determine the condition of rental dwellings, rental
dwelling units and premises located within the Village, in order that
he/she may perform his/her duty of safeguarding the health and safety
of the occupants of rental dwellings and of the general public. For
the purpose of making such inspections, the Building Inspector may
enter, examine and survey, at proper time after due notice, all rental
dwelling units, rooming units and premises. The owner or occupant
of every rental dwelling, rental dwelling unit and rooming unit, or
the person in charge thereof, shall give the Building Inspector access
to such rental dwelling, rental dwelling unit or rooming unit and
its premises, at proper times after due notice, for the purpose of
such inspection, examination and survey. Every occupant of a rental
dwelling unit or rental dwelling shall give the owner thereof, or
his/her agent or employee, access to any part of such rental dwelling
or rental dwelling unit, or its premises, at all reasonable times
for the purpose of making such repairs or alterations as are necessary
to affect compliance with the provisions of this chapter.
B.
Licensing.
(1)
License required for rental dwellings. Any owner of a rental dwelling,
rental dwelling unit or dwelling unit or premises shall have a rental
housing license issued by the Village. Application for such license
shall be on a form approved by the Village. Any owner, or the owner's
agent, heirs or assigns, shall not rent any property within the Village
limits without having been issued a rental housing license by the
Village.
(2)
Eligibility. An owner or manager of a rental property is eligible
to obtain a rental license upon satisfaction of the following provisions:
(3)
License term. Licenses shall be issued for a period of three years
and are nontransferable without further application.
(4)
Inspections required for licensing.
(a)
Initial inspections. Every property rented or leased to another
after December 31, 2014, shall be initially inspected by the Building
Inspector and found to be in compliance with this chapter prior to
issuance of a rental license or occupancy by a tenant, except that
any dwelling or building where the commencement of construction started
after December 31, 2011, will not be subject to the rental dwelling
unit license fee for a period of three years from the date of final
inspection by the Building Inspector. It is the intent of this chapter
to be fully effective and enforced on January 1, 2015, with voluntary
compliance recommended and encouraged commencing on January 1, 2014.
(b)
Inspections required for license renewal. Every renewal of a
rental license is subject to an inspection for compliance with this
section 90 days prior to the date of expiration of the license. Properties
found to be out of compliance during such renewal inspection(s) shall
be brought into compliance prior to issuance of a new license.
(c)
Interim inspections to assure compliance during license period.
The need for additional or interim inspections will be left to the
discretion of the Building Inspector, except that properties receiving
written complaint by a tenant or nontenant complainant shall be inspected
by the Building Inspector within 10 days of receipt of the written
complaint or as soon as reasonably possible after receipt if danger
to the health, safety and welfare to the tenant seems imminent.
(d)
Notification of inspections. The Building Inspector will notify
each current licensee, by regular mail to the assessment roll address
at least seven business days prior to a regular inspection, or as
close thereof as possible prior to an initial or interim inspection.
(5)
Fees. All rental housing license fees, inspection fees, appeal fees
or other administrative fees assessed under the chapter shall be established
from time to time by resolution of the Village Board. A schedule of
fees is available in the office of the Village Clerk-Treasurer.
A.
Notice. Whenever the Building Inspector receives a signed written
complaint and determines that there are reasonable grounds to believe
that violations of this chapter exist, he shall give notice of such
alleged violation to the person or persons responsible therefore,
and to any known agent of such person, as hereinafter provided. Such
notice shall:
(1)
Be put in writing.
(2)
Include a statement of the grounds for issuance of the violation
notice.
(3)
Allow a reasonable time for the performance of any act which the
notice requires.
(4)
Contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this chapter.
(5)
Be personally served upon the owner or his/her agent, or the occupant,
as the case may require. Such notice shall be deemed to be properly
served upon such owner or agent, or upon such occupant, if a copy
thereof is served upon him personally, or if a copy is left with a
responsible person at the residence or office of the person to be
served. If personal service cannot be accomplished, substitute service
is allowed. Such service shall be deemed to be accomplished if a copy
of the notice is sent by registered mail to the last known address
of the person to be served and a copy thereof is posted in a conspicuous
place in or about the dwelling which is affected by the notice, or
is published in the official newspaper of the Village of Clayton.
Any other method of service authorized or required under the laws
of this state shall be sufficient if personal service cannot be accomplished
and if substitute service is deemed to be ineffective to give notice.
A copy of the notice shall also be served upon the Village of Clayton.
(6)
The cost of the review and inspection shall be assessed to and be
the responsibility of the owner.
C.
Emergency orders. Consistent with the requirements of § 66.0413,
Wis. Stats., whenever the Building Inspector finds that an emergency
exists which requires immediate action to protect the public health,
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 any
other provisions of this chapter, such order shall be effective immediately;
but upon petition to the Board of Appeals for relief, the person subject
to the order shall be afforded a hearing as soon as practicable after
receipt of the petition. After such hearing, depending on the findings
as to whether the provisions of this chapter have been complied with,
the Board of Appeals shall continue such order in effect or modify
it or revoke it or issue a variance from this chapter.
No person shall lease, rent or otherwise let to another for
occupancy any dwelling or dwelling unit for the purpose of living,
sleeping, cooking or eating therein, which does not comply with the
following requirements:
A.
Kitchen sink. Every dwelling unit shall contain a kitchen sink in
good working condition and properly connected to a water and sanitary
sewer system as approved by the Building Inspector.
B.
Bathroom. Every dwelling unit shall contain a room within its walls,
separate from the habitable rooms, which affords privacy to a person
within said room and which is equipped with a flush water closet,
a lavatory basin and a bathtub or shower and the necessary fixtures
and accessories therefore in good working condition and properly connected
to hot and cold water lines and sanitary sewer system as approved
by the Building Inspector.
C.
Connection of facilities. Every tub or shower required under this
chapter and every sink, lavatory basin and bath shall be connected
with water and sewer lines.
D.
Garbage disposal facilities. Every dwelling unit shall have adequate
garbage disposal facilities or garbage storage containers.
E.
Egress. Every dwelling unit shall have two safe and unobstructed
means of egress, as required by the Wisconsin Uniform Building Code
and the ordinances of the Village. Unless subject to an applicable
exception under the Wisconsin Uniform Building Code, every building
which is remodeled into multifamily dwelling units, after the effective
date of this chapter, shall provide at least two approved exits from
each dwelling unit.
No person shall occupy as owner/occupant or let to another person
for occupancy any rental dwelling or rental dwelling unit, for the
purpose of living there, which does not comply with the following
requirements:
A.
Window area. Every habitable room shall have at least one window
or skylight facing directly to the outdoors. The minimum total window
area, measured between stops for every habitable room, shall be 8%
of the floor area of such room.
B.
Openable window area. Every habitable room shall have at least one
window or skylight which can easily be opened or such other device
as will adequately ventilate the room. The total of openable window
area in every habitable room shall be equal to not less than 3.5%
of the floor area, except where there is supplied mechanical device
affording adequate ventilation.
C.
Bathrooms and water closets. Every bathroom and water closet compartment
shall comply with the light and ventilation requirements for habitable
rooms contained in Subsections A and B, except that no window or skylight
shall be required in bathrooms and water closet compartments equipped
with a mechanical ventilation system. All structures constructed after
1980 shall be equipped with a mechanical ventilation system.
D.
Heating facilities. Every rental dwelling shall have heating facilities
which are properly installed, maintained in safe and good working
conditions, and capable of safely and adequately heating all habitable
rooms, bathrooms and water closet compartments in every rental dwelling
unit located therein to a temperature of at least 68° F., at a
distance of 30 inches above floor level, under ordinary minimum winter
conditions.
E.
Basement windows. Every basement shall receive natural and artificial
light and shall be ventilated according to requirements of the Building
Code of the Village.[1] Every basement or cellar window used or intended to be
used for ventilation, and every other opening to a basement which
might provide an entry for rodents, shall be supplied with a screen
or such other device as will effectively prevent their entrance.
No person shall occupy as owner/occupant or let to another for
occupancy any rental dwelling or rental dwelling unit, for the purpose
of living therein, which does not comply with the following:
A.
Foundations, floors, ceilings, roofs. Every foundation, floor, wall,
ceiling and roof shall be reasonably weathertight, watertight and
rodentproof; shall be capable of affording privacy; and shall be kept
in good repair.
B.
Skylights, exterior doors, basement hatchways. Every window skylight,
exterior door and basement hatchway shall be reasonably weathertight,
watertight and rodentproof, and shall be kept in sound working condition
and good repair.
C.
Stairs, porches and appurtenances. Every inside and outside stairs,
porch and appurtenance thereto shall be so constructed as to be safe
to use and capable of supporting any load that normal use may cause
to be placed thereon, and shall be kept in sound condition and good
repair.
D.
Plumbing fixtures and water waste pipes. Every plumbing fixture and
water waste pipe shall be properly installed and maintained in good
sanitary working condition, free from defects, leaks and obstructions.
E.
Bathroom floor surface. Every water closet compartment floor surface
and bathroom floor surface shall be constructed and maintained so
as to be reasonably imperious to water and as to permit such floor
to be easily kept in a clean and sanitary condition.
F.
Safe installation required. Every supplied facility, piece of equipment
or utility which is required under this section shall be so constructed
or installed that it will function safely and effectively, and shall
be maintained in satisfactory working condition.
G.
Disconnection of utilities prohibited. No owner, operator or occupant
shall cause any service facility, equipment or utility which is required
under this section to be removed from or shut off from or discontinued
for any occupied rental dwelling let or occupied by him/her except
for such temporary interruption as may be necessary while actual repair
or alterations are in progress, or during temporary emergencies or
when discontinuance of service is approved by the Building Inspector.
H.
Rented premises to be fit for human occupancy. No owner shall occupy
or let to any other occupant any vacant rental dwelling unit unless
it is clean, sanitary and fit for human occupancy as required and
provided under § 66.0413, Wis. Stats.
No person shall occupy or let to another for occupancy any rental
dwelling or rental dwelling unit, for the purpose of living therein,
which does not comply with the following requirements:
A.
Gross floor area. Every rental dwelling unit shall contain a minimum
gross floor area of not less than 150 square feet for the first occupant,
100 square feet for the second occupant, and 75 square feet for each
additional occupant. The floor area shall be calculated on the basis
of the total area of all habitable rooms.
B.
Sleeping rooms. In every rental dwelling unit of two or more rooms,
every room occupied for sleeping purposes by one occupant shall contain
at least 80 square feet of floor space, and every room occupied for
sleeping purposes by more than one occupant shall contain at least
40 square feet of floor space for each occupant thereof over 12 years
of age and at least 30 square feet for each occupant thereof under
12 years of age.
C.
Ceiling heights. At least 1/2 of the floor area of every habitable
room shall have a ceiling height of at least seven feet, and the floor
area of that part of any room where the ceiling height is less than
five feet shall not be considered as part of the floor area in computing
the total floor area of the room for the purpose of determining the
maximum permissible occupancy thereof.
D.
Basement rental dwelling. No basement or cellar space shall be used
as a rental dwelling unit.
A.
Water heating facilities. Every rental dwelling unit shall be supplied
with water heating facilities which are installed in an approved manner,
properly maintained and capable of heating water to such temperature
as to permit an adequate amount of water to be drawn at every required
kitchen sink, lavatory basin, bathtub, shower and laundry facility
or other similar units, at a temperature of not less than 110°
F. at any time needed.
B.
Electrical receptacle outlets.
(1)
Where there is electric service available to the building, every
habitable room of a rental dwelling unit shall contain at least two
separate and remote receptacle outlets, one of which may be a ceiling
or wall-type electric light fixture. Every public hall, bathroom,
laundry room or furnace room shall contain at least one electric light
fixture. In addition, every bathroom and laundry room shall be provided
with at least one electric receptacle outlet.
(2)
In wet or damp areas, GFI receptacle outlets shall be installed.
(3)
All kitchen countertops shall have at least one receptacle outlet
per each four linear feet and at least one receptacle outlet per each
island or peninsula counter.
C.
Screen requirements. From May 1 to October 1, every rental dwelling
unit, for protection against mosquitoes, flies and other insects,
shall have supplied and installed screens and a self-closing device
for every door opening directly from a rental dwelling unit to outdoor
space; and every window or other device with openings to outdoor space,
used or intended to be used for ventilation, shall likewise be supplied
with screens installed.
D.
Fire extinguishers. Each rental unit shall have a minimum of one
fire extinguisher available within the unit, maintained in proper
working order.
E.
Smoke detectors.
(1)
Scope. Consistent with applicable requirements of the Wisconsin Administrative
Code, the provisions of this subsection shall apply to all new and
existing housing rental units, including, but not limited to, apartments,
rooming houses and dwellings containing rooming units, university
residence halls, hotels, motels, group homes, day-care nurseries,
homes for the aged and infirm, convalescent homes, one- and two-family
rental units, mobile home rental units and other places of abode for
which rent or a fee is obtained.
(2)
Smoke detector defined. A smoke detector is a device which detects
particles or products of combustion other than heat and carbon monoxide.
(3)
Requirement. The owner of any building or housing rental unit within
the scope of this subsection shall install and maintain, within 90
days of the effective date hereof, a smoke detector in each sleeping
area, at the head of every open stair, and at the door leading to
every enclosed stair on each floor level.
(4)
Installation and maintenance.
(a)
Smoke detectors required under this subsection shall be approved
by Underwriters' Laboratory, Inc., which, when activated, shall provide
an audible alarm.
(b)
Smoke detectors shall be installed according to the directions
and specifications of the manufacturer and maintained in good working
order.
(5)
Tampering/removal. No person other than the owner shall tamper with,
alter or remove any smoke detector, fire extinguisher, fire apparatus
or alarm from any building or unit, or a battery therefrom.
A.
Requirement to condemn. The designation of rental dwellings or rental
dwelling units as unfit for human habitation and the procedure for
the condemnation and placarding of such unfit rental dwelling or rental
dwelling units shall be carried out in compliance with the following
requirements:
(2)
One which is so damaged, decayed, dilapidated, unsanitary, unsafe
or vermin-infested that it creates a serious hazard to the health
or safety of the occupants or of the public.
(3)
One which lacks illumination, ventilation or sanitary facilities
adequate to protect the health or safety of the occupants or of the
public.
(4)
One which, because of its general condition or location, is unsanitary
or otherwise dangerous to the health of safety of occupants or of
the public.
B.
Vacating premises. Any rental dwelling or rental dwelling unit condemned
as unfit for human habitation, and so designated and placarded by
the Building Inspector, shall be vacated within 30 days as ordered
by the Building Inspector.
C.
Reoccupation of premises. No rental dwelling or rental dwelling unit
which has been condemned and posted as unfit for human habitation
shall again be used for human habitation until a permit is secured
from the Building Inspector after a new application has been filed
and the premises has been reinspected as provided under this chapter.
B.
Continued violations. When the Building Inspector determines that
the same violations are being repeated or continuing without regard
to orders, he/she shall refer the landlord to the Village Board for
revocation of the rental license.
C.
License revocation. Should the Village Board revoke a rental license,
the dwelling or dwelling units in question must be vacated in 30 days.
A new license must be approved by the Village Board prior to reoccupancy.
D.
Termination of utilities. Any rental unit occupied in defiance of
an order to vacate shall have the water utility terminated until such
time as the building is brought into compliance consistent with the
requirement of the order to vacate issued by the Building Inspector.
The standards contained in the following codes when referenced
by this Code are hereby adopted and made part of this chapter by reference
as if set forth completely herein:
A.
Village Building Code, currently Chapter 200 of the Village Code,
and all other applicable ordinances of the Village of Clayton.
B.
Wisconsin Uniform Dwelling Code.
C.
Wisconsin Administrative Code.
D.
Wisconsin Plumbing Code.
E.
Wisconsin Building and Heating, Ventilating and Air Conditioning
Code.
F.
Wisconsin Rental Weatherization Standards under applicable provisions
of § 101.122, Wis. Stats.
G.
All other applicable provisions and requirements of Wisconsin Statutes.
