[HISTORY: Adopted by the Common Council of the City of Arcadia 9-13-2007 by Ord. No. 205; amended in its entirety 12-21-2015. Amendments noted where applicable.]
A.
Title. This chapter shall be known as the "Housing Ordinance of the
City of Arcadia" and will be referred to in this chapter as "this
code" or as the "Housing Code."
B.
Authority. This code is adopted pursuant to the authority granted
by §§ 62.11(5) and 101.65, Wis. Stats.
C.
Purpose.
(1)
The primary purpose of this Housing Code is to regulate the use of
residential and commercial housing in the City of Arcadia, so as to
promote the health, safety, and welfare of the public, and to provide
for the government and good order of the City of Arcadia with respect
to such housing.
(2)
Another purpose of this Housing Code is to promote the concept of fair housing under Chapter 209 of the City Code.
(3)
Another purpose of this Housing Code is to provide certain standards
and requirements for the use of residential dwelling units, as well
as provide a system for the certification of those units in the City
of Arcadia, including:
D.
Scope. The standards of this Housing Code shall apply to all dwelling
units, rooming units, boardinghouses, rooming houses, and lodging
houses located in the City of Arcadia that are used or rented for
residential living purposes, but this Housing Code shall not apply
to a facility regulated and licensed by the State of Wisconsin, including
but not limited to community-based residential facilities, nursing
homes, adult foster homes, group homes, hotels, or motels, and this
Housing Code shall not apply to residential rental facilities:
(1)
Owned
or operated by a not-for-profit housing authority established by a
municipality;
(2)
Exempt
from real property taxes and income taxes under the Internal Revenue
Code; and
(3)
In
compliance with applicable regulations adopted by the United States
Department of Agriculture or the United States Department of Housing
and Urban Development.
A.
Creation. There is hereby established a Housing and Building Standards
Committee of the City of Arcadia to enforce the provisions of this
Housing Code. The Housing and Building Standards Committee shall be
referred to hereinafter as the "Housing and Building Standards Committee"
or the "HSBC."
B.
The Housing and Building Standards Committee shall be comprised of
the Zoning Administrator and three members of the Common Council appointed
by the Mayor.
The Wisconsin Statutes applicable to landlord-tenant relations,
Ch. 704, Wis. Stats., are hereby adopted and form a part of this Housing
Code.
As used in this Housing Code, the following terms shall have
the following meanings:
That portion of a building below the first floor or ground
floor with at least a portion of its floor below grade.
An enclosed space which contains a bathtub or shower or both
and which shall contain a toilet, lavatory or other fixtures serving
similar purposes.
A house or other building where regular meals are generally
furnished or served to three or more persons at a stipulated amount
for definite periods of one month or less.
A structure built and capable of providing shelter and enclosure
of persons, animals, chattels or movable property of any kind, and
includes structures placed on runners, wheels, or similar supports.
An enclosed space which is wholly or partly used or intended
to be used for living or sleeping by one or more persons, provided
that temporary housing, as hereinafter defined, shall not be considered
a dwelling.
Any room or group of rooms located within a building and
forming a single habitable unit with facilities which are used or
intended to be used for living, sleeping, cooking, and eating by the
unit's inhabitants.
An individual, the individual's spouse or mate, and any dependents
of the individual(s), all residing in one dwelling unit as a single
housekeeping unit.
Animal or vegetable waste resulting from handling, preparation,
cooking, serving and nonconsumption of food or beverage, and packaging
and other materials from consumer goods.
Any person who shares a dwelling unit in a nonpermanent status
for not more than 14 consecutive days, or a foreign exchange student
who is currently enrolled in a public or parochial school in the City
of Arcadia for one semester or one school year.
A room or enclosed space in a building used or intended to
be used for living, sleeping, or dining purposes, but excluding bathrooms,
water closet compartments, laundries, furnace rooms, pantries, utility
rooms, foyers, corridors, stairways, closets, and storage spaces,
as well as workshops and hobby and recreation areas in basements or
in attics.
One or more persons living together in a single dwelling
unit and sharing common living, sleeping, and cooking and eating facilities
as a household unit.
Any room containing any or all of the following equipment,
or area of a room within three feet of such equipment: sink or other
device for dishwashing, stove or other device for cooking, refrigeration
or other device for cool storage of food, cabinets or shelves for
storage of customary kitchen equipment and utensils, and counter or
table for food preparation or consumption.
Any house or other building where rooms or lodgings are generally
rented to three or more persons received or lodged for hire, or any
part of a house or other building that is let for sleep at stipulated
rentals for definite periods of one month or less, whether any or
all of the rooms or lodgings are let or used for light housekeeping
or not, except that duplexes and condominiums shall not be considered
lodging houses unless they are let for sleep at stipulated rentals
for definite period of less than one month.
Any building containing more than two dwelling units or rooming
units.
A room that is not a habitable room.
Any person, who has attained the age of at least one year,
living, sleeping, cooking, or eating in, or actually having possession
of, a dwelling unit or rooming unit or portion thereof, and using
the dwelling unit or rooming unit as a residence, except that in dwelling
units a guest will not be considered an occupant.
Any person, including but not limited to a corporation or
other entity, who or which, alone or jointly or severally with others:
Has legal title to the property on which a dwelling unit or
rooming unit is located, with or without accompanying actual or legal
possession thereof; or
Has charge, care or control of any dwelling unit or rooming
unit, as owner or agent of the owner, or an executor, operator, administrator,
trustee or guardian of the estate of the owner. Any such person thus
representing the actual owner shall be bound to comply with the provisions
of this Housing Code and all rules and regulations adopted pursuant
to this Housing Code, to the same extent as if he or she were the
holder of legal title.
The maximum number of persons permitted to reside in a dwelling
unit or rooming unit.
A natural person, corporation, limited liability company,
or other legal entity.
A platted lot or part thereof or unplatted lot or parcel
of land or plot of land, either unoccupied or occupied by a building,
and includes any such building, accessory structures, or other structures
located thereon.
The ability of a person to carry out an activity commenced
without interruption or interference, either by sight or sound, by
an unwanted or unwelcome person.
An area open to the public.
A space within an enclosed building, and set aside from other
rooms or space by a permanent partition.
Any dwelling or part of a dwelling containing one or more
rooming units and/or one or more dormitory rooms. "Rooming house"
shall not mean a facility regulated and licensed by the State of Wisconsin,
including but not limited to community-based residential facilities,
nursing homes, adult foster homes, group homes, hotels, or motels.
Any room or group of rooms used or intended to be used for
living and sleeping, but not for cooking purposes.
Any tent, trailer, mobile home, or any other structure used
for human shelter which is designed to be mobile and which is not
attached to the ground, to another structure or to any utility system
on the same premises for more than 30 consecutive days.
Nonputrescible solid wastes (excluding ashes) consisting
of either:
The exit is accessible from a common use area such as a hallway,
living room, or kitchen or, if the same is not available, from an
area, other than a bedroom, which is accessible to all occupants;
the exit is not in such location as to become easily obstructed; and
the exit remains readily available for egress and not obstructed at
any times.
A.
Each dwelling unit and rooming unit shall contain at least one sink
in good working condition and properly connected to the City's water
and sewer system.
B.
Each dwelling unit and rooming unit shall contain a room which affords
privacy to a person and which is equipped with a flush toilet and
a lavatory basin in good working condition and properly connected
to the City's water and sewer system.
C.
Each dwelling unit and rooming unit shall contain, within a room
that affords privacy to a person, a bathtub or shower in good working
condition and properly connected to the City's water and sewer system.
D.
All plumbing fixtures and water and sewer pipes shall be properly
installed and maintained in good, sanitary, working condition, free
from defects, leaks and obstructions.
E.
All bathroom floor surfaces shall be constructed and maintained so
as to be reasonably impervious to water and so as to permit such floor
to be easily kept clean and in sanitary condition.
F.
No owner of any dwelling unit or rooming unit shall occupy or let
to any occupant any dwelling unit or rooming unit unless in clean
and sanitary condition and fit for human occupancy.
G.
Each occupant of a dwelling or dwelling unit shall store and dispose
of his or her trash and garbage in a clean and sanitary manner by
placing it in containers designed to confine odors and to prevent
access by flies and animals.
H.
Each dwelling unit shall have a safe, unobstructed means of access
and egress with minimum headroom of six feet, four inches, leading
directly to a safe and open space at ground level, or as otherwise
provided in the Wisconsin Administrative Code.
I.
Each dwelling unit or rooming unit shall have:
(1)
At least one window facing directly to the outdoors and with a minimum
area, measured between stops, of 8% of the floor area of the dwelling
unit or rooming unit; or
(2)
At least two windows, two skylights, or one window and one skylight
that can be easily opened and which has a minimum area of 3.5% of
the net floor area of the dwelling unit or rooming unit.
A.
No person shall occupy or allow another person to reside in any dwelling
unit or rooming unit that does not comply with the following minimum
requirements:
(1)
Every dwelling unit or rooming unit shall contain at least 150 square
feet of floor space for the occupant thereof and at least 100 additional
square feet of floor space for each additional occupant thereof. The
floor space shall be calculated by deducting the following areas:
bathrooms, water closets, stairways, closets and other storage rooms,
furnace and utility rooms, pantries, foyers, corridors, attics, basements,
and any part of a room where the height of the ceiling is less than
five feet.
(2)
In every dwelling unit or rooming unit containing two or more rooms,
every room occupied for sleeping purposes by one occupant shall contain
at least 70 square feet of floor space, and every room occupied for
sleeping purposes by two or more occupants shall contain at least
95 square feet of floor space.
(3)
No dwelling unit or rooming unit containing two or more sleeping
rooms shall have such room arrangements where access to a bathroom
or water closet compartment intended for use by occupants of more
than one sleeping room can be had only by going through another sleeping
room; nor shall room arrangements be such that access to a sleeping
room can be had only by going through another sleeping room; nor shall
room arrangements be such that access to a sleeping room can be had
only by going through a bathroom or water closet compartment.
(4)
At least 1/2 of the floor area of each habitable room shall have
a ceiling height of at least seven feet.
(5)
Provides at least one separate bedroom for boys and at least one
separate bedroom for girls between the ages of four years old and
18 years old.
B.
In single-family dwellings and duplexes, no rooms located totally
or partially below grade shall be used as habitable rooms unless the
building complies with Ch. SPS 321, Wis. Adm. Code, and with the following:
C.
Multiple-family dwellings, boardinghouses, lodging houses, and rooming
houses with habitable rooms below grade shall comply with Chs. SPS
361 to 366, inclusive, Wis. Adm. Code.
D.
No dwelling unit shall be occupied by more than one family. More
than four adults residing in one dwelling unit shall create a rebuttable
presumption that more than one family occupies the dwelling unit.
A.
Every rooming unit or dwelling unit shall have access to one or more
safe, unobstructed means of egress with minimum headroom of six feet
four inches leading directly to safe and open space at ground level,
or as otherwise provided by Wisconsin regulations. Rooming units or
dwelling units located above the first story but not above the second
story may have egress by an exit which utilizes a stairwell and a
flat roof, deck, or other platform, provided that the deck or other
platform complies with applicable regulations under the Wisconsin
Administrative Code.
B.
Structurally sound handrails shall be provided on any steps containing
four or more risers and on the open sides of all stairways with a
vertical rise of more than two feet. All openings between handrails
and stairways shall comply with the applicable Wisconsin Building
Code at the time the handrails and stairways were constructed.
C.
Each room intended for sleeping purposes shall contain a properly
operating smoke detector with a functioning smoke alarm. Each dwelling
unit that is used for rental and uses a fossil fuel to heat the unit
shall be equipped with a properly operating carbon monoxide detector
with a functioning carbon monoxide alarm.
D.
Each dwelling unit or rooming unit in a multiple-family housing complex
shall have posted on the interior side of the access doors an evacuation
plan showing the exits from the building and the route from the dwelling
unit or rooming unit to the exits in the event of a fire or other
emergency situation.
E.
Each dwelling unit or rooming unit shall have at least one operating
fire extinguisher at a central location within the dwelling unit.
F.
Basement rooms. No basement room shall be used as a sleeping or living
room unless all the following conditions are complied with:
(1)
The room shall be at least seven feet high from floor to ceiling.
(2)
The ceiling shall be at least four feet or 50% of the distance between
the floor and the ceiling, whichever is greater, above the surface
of the adjoining street or ground, unless a secondary means of egress
from the room is available.
(3)
The room shall have a window or windows opening upon a street, alley,
or yard, or upon a court connecting therewith, or upon an inner court
not less than 60 square feet in area, and the total window area shall
be at least 1/10 of the floor area of the room, and the upper half
of such window or windows shall be made to open the full width.
(4)
The walls and floor shall be damp proof and waterproof.
(5)
The room shall have sufficient light and ventilation and shall be
fit for human habitation.
A.
No person may lease or rent a dwelling unit or rooming unit in the City of Arcadia unless such person has first paid the license and inspection fee to be established by resolution of the Common Council and obtained a license from the City of Arcadia's Housing and Building Standards Committee. Licenses shall be valid for five years after the date of issue and may be renewed, provided that an application for renewal is submitted no later than 30 days prior to the expiration of the license. No person may lease or rent a dwelling unit or rooming unit in the City of Arcadia unless the dwelling unit or rooming unit complies with the City of Arcadia Building Code, Chapter 162 of the City Code, and this Housing Code. The license issued by the City of Arcadia shall establish the maximum number of occupants per dwelling unit or rooming unit. Each landlord shall be solely responsible for ensuring that each dwelling unit and rooming unit that is leased or rented by that landlord complies with the City of Arcadia Building Code, Chapter 162 of the City Code, this Housing Code, and the rental license issued by the City of Arcadia. Landlords shall post in each dwelling unit and rooming unit a maximum occupancy certificate stating the number of occupants of such dwelling unit or rooming unit under the license from the City. Notwithstanding anything to the contrary herein contained, no rental unit license shall be issued or renewed if there exist delinquent and unpaid real or personal property taxes or utility charges owed to the City of Arcadia.[1]
B.
The City Clerk-Treasurer may prescribe forms for applications under
and the administration of this section.
No person shall operate a rooming house, or shall allow another
person to occupy any dormitory room, dwelling unit, or rooming unit,
which does not comply with this Housing Code. No owner or other person
shall occupy or let to another person any rooming unit, dwelling unit,
or dormitory room unless it is clean and sanitary and complies with
all applicable requirements of the City, including the following:
A.
No person shall operate a rooming house in the City of Arcadia without a license issued by the City Clerk-Treasurer under § 236-8 of this Housing Code in the name of the property owner for the specific building and which is still in effect. Occupancy by more than two persons per dwelling unit or rooming unit is prohibited and a violation of this Housing Code. Copies of the license shall be displayed in a conspicuous place within the rooming house, at all times, as well as within each rooming unit.
B.
No license may be issued or renewed unless the owner of the proposed
rooming house, boardinghouse, or lodging house consents in writing,
as part of the application form, to such inspections of the rooming
house as the City Clerk-Treasurer or the Clerk-Treasurer's agent may
require to determine if the rooming house, boardinghouse, or lodging
house, and its operation, complies with this Housing Code and with
other applicable laws and regulations. All inspections shall be done
by the City Housing Inspector who shall be appointed by the Mayor.
In addition to the license fee, the owner of the rooming house, boardinghouse,
or lodging house shall pay a nonrefundable inspection fee set by resolution
per dwelling unit or rooming unit. The nonrefundable inspection fee
shall be charged at the time the inspection is actually performed
and paid to the City Clerk-Treasurer. No license may be issued if
there remain uncorrected violations at the rooming house, boardinghouse,
or lodging house of the City's ordinances, Wisconsin or federal laws,
or of applicable regulations adopted under any of the foregoing.
[Amended 8-1-2016 by Ord.
No. 205A]
C.
No such license shall be transferable from one building to another
building for operation of a rooming house at the new location. Each
person holding a rooming house, boardinghouse, or lodging house license
shall give written notice of a prospective sale, transfer, gift or
other disposition of the building to the City Clerk-Treasurer not
less than 48 hours prior to the closing on the real estate transaction.
Such notice shall include the name and address of the person or persons
to whom the building is being conveyed. Upon approval by the City
Clerk-Treasurer, submission of a complete license application, and
nonrefundable payment set by resolution, the license may be transferred
to the new owner of the building.
D.
Toilet rooms.
(1)
In
every rooming house, boardinghouse, or lodging house where a sewer
system is available, at least one water closet shall be provided for
every two dwelling units or rooming units. Every such water closet
shall be located within the building, in a separate room or compartment,
on the same floor with the dwelling units or rooming units which it
serves and shall be accessible from each such dwelling unit or rooming
unit without passing through another dwelling unit or rooming unit.
All water closets and the pipes connecting therewith shall be properly
protected against frost; if located in a public hall such hall shall
be heated, if necessary, so as to prevent the closets and pipes from
freezing.
E.
Access doors to a rooming unit and dwelling unit shall be equipped
with a properly operating lock to ensure privacy.
F.
Communal cooking and dining facilities in a rooming house, boardinghouse,
or lodging house are prohibited unless a license for food service
facilities has been issued by the Trempealeau County Health Officer
or under applicable Wisconsin regulations and is still valid and in
effect.
G.
At least one off-street, hard-surfaced and dirt-free vehicle parking
space of not less than 180 square feet shall be provided for each
adult residing in a rooming house, boardinghouse, or lodging house.
Such parking space shall be located within 100 feet of the rooming
house, boardinghouse, or lodging house. The person seeking a rooming
house, boardinghouse, or lodging house license shall provide a diagram
showing the location of the parking area and provide proof of ownership
or lease for the parking area. This parking space requirement may
be waived by the City if it can be established to the City's satisfaction
that occupants of the rooming house, boardinghouse, or lodging house
will not be parking any vehicles in the City in connection with their
occupancy of the rooming house, boardinghouse, or lodging house. Persons
who will be parking a vehicle in the City in connection with their
occupancy of the rooming house, boardinghouse, or lodging house shall
provide a copy of a valid vehicle registration to the owner of the
rooming house, boardinghouse, or lodging house who shall provide a
copy of such vehicle registration to the City upon request.
No tenancy upon any premises subject to the provisions of this
Housing Code may be terminated by a landlord for the reason that a
tenant has reported what could reasonably appear to be a violation
of this Housing Code to the proper enforcement authorities.
No part of this chapter shall be construed so as to make the
City liable for any charge to anyone injured, or for any damage to
any property, by any defect in any building or equipment. The inspections
and the reports and findings issued after the inspections are not
intended as, nor are they to be construed as, a guarantee. In order
to so advise owners and other interested persons, a disclaimer shall
be included in each inspection report as follows: "These findings
of inspection contained herein are intended to report conditions of
noncompliance with code standards that are readily apparent at the
time of inspection. The inspection does not involve a detailed examination
of the mechanical systems or the closed structural and nonstructural
elements of the building and premises. No warranty of the operation,
use or durability of equipment and materials not specifically cited
herein is expressed or implied."
A.
The Housing and Building Standards Committee (HBSC) is hereby authorized
to enforce this Housing Code and to investigate all written complaints
filed with the City Clerk-Treasurer or an officer of the City of Arcadia
Police Department or the Zoning Administrator alleging a violation
of this code. The HBSC shall have the right to have the Housing Inspector
conduct the specific investigation and report to the Committee. The
City of Arcadia shall have the right to enforce this code by any or
all of the following methods:
(1)
Stop rental order. In the event of any use or operation of a building
that is not in compliance with this Housing Code or for which no rental
or rooming house license has been issued, the HBSC may issue a notice
ordering the owner or landlord or both to bring the property into
compliance within 30 days of the service of the notice on the owner
or landlord.
(2)
Revocation of rental license. If the HBSC shall find, at any time,
that the rental of a dwelling unit does not comply with this Housing
Code or any laws, plans, specifications or any order of the HBSC,
if the rental license holder shall deny access to the premises to
the HBSC, or that the rental license holder made any false statement
or misrepresentation on the license application, or violates any of
the conditions of approval of the rental license, the HBSC may give
notice of noncompliance and not less than 30 days for the owner to
cure the noncompliance. If the owner does not cure the noncompliance
within 30 days, the HBSC may revoke the rental license by written
notice posted at the site of the dwelling unit. When any such rental
license is revoked, it shall be unlawful to enter into a new lease
for the dwelling unit or to rent the dwelling unit to a new tenant
or tenants until a new rental license is issued, except for work the
HBSC shall order to be done as a condition precedent to the issuance
of a new rental license. All applicable fees shall be paid for the
issuance of a new rental license.[1]
(3)
Injunction. The HBSC shall report violations to the Common Council,
which may authorize the City Attorney to file an action for an injunction
against the property owners, or the rental license holder, in Trempealeau
County Circuit Court enjoining any further rental of the dwelling
unit.
(4)
Forfeitures. The HBSC or Zoning Administrator may issue or cause
a police officer for the City of Arcadia to issue a citation to the
property owner or rental license holder for any violation of this
Housing Code. Each day of noncorrection or noncompliance during which
a violation occurs or continues shall be a separate violation. Upon
conviction for a violation of this Housing Code, the person convicted
shall forfeit a dollar amount equal to the penalties set forth hereinafter.
B.
The City Clerk-Treasurer may prescribe forms for members of the public
to file complaints with the Zoning Administrator concerning alleged
violations of this Housing Code.
Any person aggrieved by a decision of the HBSC may appeal the
decision to the Common Council by filing a notice of appeal with the
HBSC and the City Clerk-Treasurer within 30 days after the HBSC's
decision. The Common Council shall have the authority to affirm, modify
or overturn the HBSC's decision, after public hearing held after not
less that 10 days' notice has been given to the appellant and the
HBSC.
Any violation of any of the provisions of this Housing Code
shall subject the violator to a fine of not less that $150 nor more
than $250, plus the cost to the City of any and all investigation
and prosecution costs, whether by City employees or third parties
hired by the City. Each day of noncorrection or noncompliance during
which a violation continues, unless otherwise specified in this Housing
Code, shall constitute a separate offense. Where the violator has
been issued a rental license under the provisions of this Housing
Code, such license shall be subject to revocation in the discretion
of the court.
