[HISTORY: Adopted by the Village Board of the Village of
Allouez as Ch. 18 of the Village Code. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 175.
Electrical standards — See Ch. 210.
Fire prevention — See Ch. 234.
Nuisances — See Ch. 307.
Parking and storage — See Ch. 318.
Plumbing — See Ch. 338.
Property maintenance — See Ch. 345.
Public works — See Ch. 350.
Waste management — See Ch. 432.
It is hereby found and declared that certain buildings and other
structures in the Village of Allouez, both occupied and unoccupied,
are now or are now threatening to become dilapidated, neglected, overcrowded
with occupants, or unsanitary as a result of faulty design, defective
construction, a failure to keep said buildings or structures in a
proper state of repair, a lack of proper sanitary facilities, a lack
of adequate lighting, ventilation, or heat, or improper management
or any combination of these factors, and it hereby is also found and
declared that said conditions of said buildings and structures jeopardize,
and are detrimental to, the health, safety, morals or welfare of the
people of the Village of Allouez; now then, it is further found and
declared that:
A.
The elimination of such buildings or structures and the prevention
of the occurrence of such conditions in the future are in the best
interests of the citizens of this Village;
B.
By the establishment of standards and requirements applicable to
such buildings and structures, this end will be fostered and accomplished;
and
C.
By enactment and enforcement of this chapter, said standards will
be established and such end realized.
A.
ADMINISTRATOR
APPROVED
BASEMENT
BATH
BEDROOM
DWELLING
DWELLING UNIT
EXTERMINATION
FAMILY
HABITABLE ROOM
INFESTATION
INSPECTOR
KITCHEN
LIVING ROOM
NURSING HOME
NURSING UNIT
OCCUPANT
OPERATOR
OWNER
PATIENT
PLUMBING
PREMISES
ROOMER
ROOMING HOUSE
ROOMING UNIT
STATE BUILDING CODE
STATE HEATING, VENTILATING AND AIR CONDITIONING CODE
STATE PLUMBING CODE
SUPPLIED
VILLAGE BUILDING CODE
VILLAGE ELECTRICAL CODE
VILLAGE HEATING CODE
VILLAGE PLUMBING CODE
The following
definitions shall apply in the interpretation and enforcement of this
chapter:
A person, either the operator of a nursing home or one assigned
by the operator of a nursing home, who is directly responsible for
the daily operation of, the supervision of employees in, and the care
of patients in a nursing home.
Approved by or in accordance with regulations established
by the Village Board.
That portion of a building which is partly or wholly below
the exterior ground level where said ground level comes in contact
with the exterior walls of said building.
A bathtub or shower stall.
A habitable room within a dwelling unit which is used, or
intended to be used, primarily for the purpose of sleeping, but shall
not include any kitchen or dining room.
Any building or structure which is wholly or partly used
or intended to be used for living or sleeping by human occupants.
Any habitable room or group of adjoining habitable rooms located within a dwelling and forming a single unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating of meals, and has the equipment and facilities as required by § 253-6.
The control and elimination of insects, rodents, or other
pests by eliminating their harborage places; by removing or making
inaccessible materials that may serve as their food; and/or by poisoning,
spraying, fumigating, trapping or any other approved pest elimination
methods.
One adult occupant plus one or more persons who are legally
related to said occupant as husband or wife, son or daughter, mother
or father, brother or sister, mother-in-law or father-in-law.
A room or enclosed floor space used or intended to be used
for living, sleeping, cooking, or eating purposes, excluding bathrooms,
toilet rooms, laundries, pantries, foyers, communicating corridors,
closets, storage spaces, and stairways, and rooms used for play or
recreational purposes.
The presence of any insects, rodents, or other pests within
a dwelling or on the dwelling premises.
The Health Inspector, Building Inspector, Code and Safety
Enforcement Coordinator, Fire Chief or his designee or a law enforcement
officer.[1]
A habitable room used or intended to be used for cooking
or the preparation of meals.
A habitable room within a dwelling unit which is used or
intended to be used primarily for general living purposes.
A dwelling or part thereof within which shelter, meals and
nursing care are supplied as defined in Ch. DHS 132, Wis. Adm. Code.
Any room or group of rooms forming a single habitable unit
used or intended to be used for sleeping by patients or the provision
of bedside nursing care to patients within a nursing home.
Any person, including an owner or operator, living, sleeping,
or cooking in or having actual possession of a dwelling unit, rooming
unit, or nursing unit.
Any person who has charge, care or control of a building
or part thereof in which dwelling units, rooming units or nursing
units are let.
Any person who alone or jointly or severally with others
shall have legal title or equitable title to any dwelling, dwelling
unit, rooming unit or nursing unit, including a person acting as personal
representative, administrator, trustee, or guardian of the estate
of the owner.
A person suffering from infirmities of old age or illness
or physical disability.
All of the following facilities and equipment: water pipes,
garbage disposal units, waste pipes, vent pipes, toilets, sinks, installed
dishwashers, lavatories, baths, installed clothes washing machines,
catch basins, drains, vents, domestic hot water heaters, and any other
similar fixtures, together with all connections to water, sewer or
gas lines.
A platted lot or part thereof, or unplatted lot or parcel
of land, or plot of land, either occupied or unoccupied by any dwelling
or structure.
An occupant of a rooming house who is not a member of the
family of the operator of that rooming house, and shall also mean
an occupant of a dwelling unit who is not a member of the family occupying
the dwelling unit.
Any dwelling or that part of any dwelling containing one
or more rooming units, in which space is let by the owner or operator
to three or more roomers, except hotels and tourist rooming houses
licensed by the Department of Health Services.[2]
Any room or group of rooms forming a single habitable unit in a rooming house used or intended to be used for living and sleeping, but not equipped for the cooking or eating of meals as required by § 253-6, and not intended for such use by the operator of said rooming house.
Chapters SPS 320 to 325 and SPS 361 to 366, Wis. Adm. Code.[3]
Chapter SPS 364, Wis. Adm. Code.
Chapters SPS 381 to 387, Wis. Adm. Code.
Paid for, furnished, provided by, or under the control of
the owner or operator.
Chapter 175 of the Code of the Village of Allouez.
Chapter 210 of the Code of the Village of Allouez.
Section 175-20 of the Code of the Village of Allouez.
Chapter 338 of the Code of the Village of Allouez.
B.
Meaning
of certain words. Whenever the word "dwelling," "dwelling unit," "rooming
house," "rooming unit," "nursing unit" or "premises" is used in this
chapter, it shall be construed as though it was followed by the words
"or any part thereof."
A.
Inspection by Health Inspector or Building Inspector. The Health
Inspector or Building Inspector shall make inspections to determine
the conditions of dwelling units, rooming and nursing units, and premises
located within the Village of Allouez. He may enter any building during
reasonable hours in the discharge of his duties, and any person who
shall interfere with the Health Inspector or Building Inspector in
the discharge of his duties shall be guilty of an offense against
this chapter. The Health Inspector or Building Inspector shall have
proper identification and shall show the same when making such inspections.[1]
B.
Access of owner or operator. Every occupant of a dwelling, dwelling
unit, rooming unit or nursing unit shall give the owner or operator
thereof, or his agent or employee, access to any part of such dwelling,
dwelling unit, rooming unit, or nursing unit, or its premises, at
all reasonable times for the purpose of effecting such maintenance,
making such repairs, or making such alterations as are necessary to
effect compliance with the provisions of this chapter or with any
lawful rule or regulation adopted, or any lawful notice or order issued
pursuant to the provisions of this chapter.
A.
Service of notices and hearings. Whenever the Health Inspector, Building
Inspector or Code and Safety Enforcement Coordinator determines that
there has been a violation or that there are reasonable grounds that
there has been a violation of any of the provisions of this chapter
or of any rule or regulation adopted pursuant thereto, he shall give
notice of such violation or alleged violation to the person or persons
responsible therefor as provided in § 66.1337(4)(a), Wis.
Stats. The provisions of § 66.1337(4)(a) and (b), Wis. Stats.,
pertaining to the service of notices, petition for hearing and review
by Circuit Court are adopted by reference and hereby made a part of
this chapter as if set out in full. In carrying out the provisions
of § 66.1337(4)(a), Wis. Stats., which provides in part
that a person affected by a notice of violation or alleged violation
"may request and shall be granted a hearing on the matter," the Village
Board of Appeals is hereby designated as the appropriate governing
body to hear original appeals under said provision.[1]
B.
Emergency orders. Whenever the Health Inspector finds that an emergency exists which requires immediate action to protect the public health, he may, without notice or hearing, and in accordance with the provisions of § 66.1337(4)(a), Wis. Stats., issue an order reciting the existence of such emergency and requiring that such action be taken as he deems necessary to meet the emergency. Such order shall be effective immediately. Notwithstanding the other provisions of this chapter, every notice served by the Health Inspector in accordance with the provisions of §§ 253-6G, 253-8K, 253-10C and 253-11R shall be regarded as an order.
The Allouez Village Board may make and adopt written rules and
regulations necessary for the proper enforcement of the provisions
of this chapter. Such rules and regulations shall have the same force
and effect as the provisions of this chapter and the penalty for violation
of the provisions of this chapter.
No person shall occupy as owner-occupant or let to another for
occupancy any dwelling or dwelling unit, for the purpose of living,
sleeping, cooking, or eating of meals therein, which does not comply
with the following requirements:
A.
Kitchen sink and lavatory. Every dwelling unit shall contain an approved
kitchen sink. Every dwelling unit shall contain a lavatory or washbasin
in or adjacent to the toilet room.
B.
Toilet. Every dwelling unit shall contain a toilet which shall be
placed in a separate room enclosed with partitions which shall extend
to the ceiling.
C.
Bath. Every dwelling unit shall contain a bath. Every bath shall
be contained within a toilet room or within a separate room which
affords privacy to a person using this facility.
D.
Hot and cold water supply to bath and sinks. Every bath, kitchen
sink and lavatory required under this chapter shall be properly connected
with both hot and cold water lines.
E.
Water heating facilities. Every dwelling shall have supplied water heating facilities which are properly installed, are maintained in reasonable good working condition, are properly connected with the hot water lines required under Subsection D, and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every bath at a temperature of not less than 100° F. Such supplied water heating facilities shall be capable of meeting these requirements when the dwelling or dwelling unit heating facilities are not in operation.
F.
Connection to water and sewer system. Every kitchen sink, toilet,
lavatory basin, and bath shall be in good working condition and properly
connected to an approved water and sewer system.
G.
Plumbing. All plumbing, plumbing equipment, plumbing fixtures and
the installation thereof shall comply with the Plumbing Codes of the
Village of Allouez and the State of Wisconsin.
H.
Solid waste and recyclables. Every single-family dwelling shall have
adequate facilities for the temporary storage of rubbish, garbage,
solid wastes and recyclables. Every owner and/or operator of a building
which contains more than one dwelling unit, or a nursing unit, shall
provide adequate facilities for the separation, temporary storage
and collection of solid waste and recyclables.
I.
Exits. Every dwelling unit shall have exits which shall conform to
the exit requirements of the Village Building Code or the State Building
Code when applicable. Every exit and passageway shall also comply
with the following requirements:
A.
Window area. Every habitable room, toilet room and bathroom shall
have at least one window facing directly to the outdoors. The minimum
total window area shall be at least 10% of the floor area of the room,
but not less than 12 square feet. The top of at least one such window
shall not be less than 6 1/2 feet above the floor. At least half
of the window in any sleeping room shall be made so as to open full
width, unless other means of adequately ventilating such rooms are
installed and operating. The outside window in every toilet or bathroom
shall have a total area of at least 10% of the floor area, but not
less than four square feet, except that no window or skylight is required
in adequately ventilated bathrooms or toilet rooms equipped with a
ventilation system which is kept in continuous operation.
B.
Electric outlets. Where there is suitable electric service available
from supply lines which are not more than 300 feet away from a dwelling,
every kitchen, living room, rooming unit, and nursing unit within
such dwelling shall contain at least two separate and remote floor-
or wall-type electric convenience outlets, or one such convenience
outlet and one supplied ceiling- or wall-type electric light fixture,
and every bedroom, dining room, toilet room, bathroom, laundry room,
furnace room, and public hall shall contain at least one supplied
ceiling-type or wall-type electric light fixture, provided that in
lieu of one supplied ceiling-type or wall-type electric fixture a
bedroom and dining room may each contain at least two separate and
remote floor- or wall-type electric convenience outlets. Every such
outlet and fixture shall be properly installed, shall be maintained
in good working condition, and shall be connected to the source of
electric power in a proper manner, and in accordance with the Village
Electrical Code.
C.
Heating facilities. Whenever a dwelling unit has supplied heating
facilities, said facilities shall be properly installed, be maintained
in good working condition, and be capable of adequately heating all
habitable rooms, bathrooms and toilet rooms contained therein, or
intended for use by the occupants thereof, to a temperature of at
least 70° F., at a distance three feet above floor level, when
the outside temperature is at or above 15° below zero F. Whenever
a dwelling unit does not have supplied heating facilities, it shall
contain a sufficient number of chimney outlets to permit the occupant,
through the use of space heaters furnished by said occupant or owner,
to adequately heat all habitable rooms, bathrooms, and toilet rooms
contained therein to a temperature of at least 70° F., at a distance
of three feet above the floor level, when the outdoor temperature
is at or above 15° below zero F. This provision shall not permit
the use of space heaters where such use is prohibited by either the
Village Building or Heating Code, or the State Building and Heating,
Ventilating and Air Conditioning Codes when applicable.
(1)
Every supplied central heating system shall comply with the Village
Building and Heating Codes and with the State Building and Heating,
Ventilating and Air Conditioning Codes when applicable. It shall also
comply with the following requirements:
(a)
The central heating unit shall be in good operating condition.
(b)
Every heat duct, steam pipe, and hot water pipe shall be free
of leaks and shall function so that an adequate amount of heat is
delivered where intended.
(c)
Every seal between the sections of a warm air furnace shall
be tight so noxious gases will not escape into the heat ducts.
(2)
Every space heater shall comply with the Village Building and Heating
Codes and the State Building and Heating, Ventilating and Air Conditioning
Codes when applicable, and all of the following requirements:
(a)
No space heater burning solid, liquid, or gaseous fuels shall
be a portable type.
(b)
Every space heater burning solid, liquid or gaseous fuels shall
be properly vented.
(c)
Every coal-burning or oil-burning space heater shall have a
fire-resistant panel beneath it.
(d)
The location of space heaters, the insulation of walls and ceilings
close to such heaters, and the construction, installation and guarding
of smoke pipes and walls or ceilings which they go through shall be
in accordance with the Heating Code of the Village of Allouez.
D.
Lighting of public halls and stairways. Every public hall and public
stairway in every dwelling containing four or more dwelling units,
or accommodating more than 20 persons, shall be adequately lighted
at all times. This lighting shall include lights at all intersections
of passageways, at all exits, and at the head and foot of every stairway.
Every public hall and public stairway in dwellings containing fewer
than four dwelling units or rooming houses accommodating more than
three roomers but fewer than 20 persons shall be supplied with convenient
light switches controlling an adequate lighting system which may be
turned on when needed, instead of full-time lighting.
E.
Screens. At least one window in each habitable room, toilet room
and bathroom, where windows are required, shall be supplied with a
screen covering at least 1/3 of the window area, except where other
means of adequately ventilating such rooms are available and operating.
Screens shall have a wire mesh of not less than No. 16.
No person shall occupy as owner-occupant or let to another for
occupancy any dwelling unit, rooming unit or nursing unit for the
purpose of living therein which does not comply with the following
requirements:
A.
Maintenance of foundations, exterior walls and roofs. Every foundation,
exterior wall, and roof shall be weathertight, watertight, and insect-proof.
They shall be rodent-proof and kept in a good state of maintenance
and repair.
B.
Maintenance of interior walls, floors and ceilings. Every interior
partition, wall, floor and ceiling shall be capable of affording privacy,
kept in good state of repair and maintained so as to permit them to
be kept in a clean and sanitary condition.
C.
Rainwater drain. All rainwater shall be so drained and conveyed from
every roof so as not to cause dampness in walls, ceiling, or floors
of any room.
D.
Windows, doors and hatchways. Every window, exterior door, and basement
hatchway shall be weathertight and shall be kept in a good working
condition and state of maintenance and repair.
E.
Protection of exterior wood surfaces. All exterior wood surfaces
shall be protected from the elements and against decay by paint or
other approved protective coating applied in a workmanlike fashion.
F.
Stairways and porches. Every inside and outside stairway, every porch,
and every appurtenance thereto shall be 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 sound condition and in good
state of maintenance and repair.
G.
Supplied plumbing fixtures. Every supplied plumbing fixture and water
and waste pipe shall be properly installed and maintained in good
sanitary working condition and in accordance with the Plumbing Codes
of the Village of Allouez and State of Wisconsin.
H.
Chimney and supplied smoke pipes. Every chimney and every supplied
smoke pipe shall be adequately supported, reasonably clean, and maintained
in a good state of repair and in accordance with the Building and
Heating Codes of the Village of Allouez and the State of Wisconsin
Building and Heating, Ventilating and Air Conditioning Codes when
applicable.
I.
Bathroom and toilet room floors. Every bathroom and toilet room floor
surface shall be maintained so as to be reasonably impervious to water
and so as to permit such floor to be kept in a clean and sanitary
condition.
J.
Supplied facilities. Every supplied facility, piece of equipment,
or utility which is required under this chapter shall be so constructed
or installed that it will function properly and shall be maintained
in good working condition.
K.
Discontinuance of required services, facilities, equipment or utilities.
No owner or operator shall cause any service, facility, equipment,
or utility which is required to be supplied under the provisions of
this section to be removed from or shut off from or discontinued from
any occupied dwelling unit let or occupied by him except for such
temporary interruption as may be necessary while actual repairs, replacement
or alterations are in process of being made.
L.
Pest extermination. Whenever infestation exists in any dwelling,
or in the shared or public parts of any dwelling containing two or
more dwelling units, or whenever infestation is caused by failure
of the owner to maintain a dwelling in a rat-proof or insect-proof
condition, extermination thereof shall be the responsibility of the
owner.
M.
Cleanliness of public areas of dwellings. Every owner of a dwelling
containing two or more dwelling units shall be responsible for maintaining
in a clean and sanitary condition all communal, shared or public areas
of the dwelling and premises thereof which are used or shared by the
occupants of two or more dwelling units.
N.
Vacant dwelling units to be clean and sanitary before being let for
occupancy. No owner shall occupy or rent to any other person for occupancy
or allow any other person to occupy any vacant dwelling unit unless
it is clean, sanitary, and free of infestation and complies with all
provisions of this chapter and all rules and regulations adopted pursuant
thereto.
No person shall occupy or let to another for occupancy any dwelling
or dwelling unit for the purpose of living therein which does not
comply with the following requirements:
A.
Minimum floor area for dwelling unit. Every dwelling unit consisting
of only one habitable room shall contain at least 100 square feet
of habitable room floor area. No dwelling unit containing less than
170 square feet of habitable room floor area shall be occupied by
more than one occupant. No dwelling unit consisting of only one habitable
room shall be occupied by more than two occupants.
B.
Minimum floor area for sleeping purposes. Every room occupied for
sleeping purposes by one person shall contain at least 70 square feet
of floor space and 490 cubic feet of air space, and every room occupied
for sleeping purposes by more than one person shall contain at least
60 square feet of floor space and 400 cubic feet of air space for
each occupant thereof, except that these requirements shall be reduced
by 1/2 for children under 12 years of age.
C.
Arrangement of sleeping, bath and toilet rooms. No dwelling or dwelling
unit containing two or more sleeping rooms shall have such room arrangements
that access to a bathroom or toilet room 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 or a bathroom or toilet room.
D.
Basement space may be habitable. No basement space shall be used
as a sleeping room or dwelling unit unless such sleeping room or dwelling
unit is in conformity with existing Village or State Building Codes
and complies with the following requirements:
E.
Occupants to have access to sanitary facilities. Every occupant of
every dwelling shall have unrestricted access to a toilet and bath
and to a kitchen sink or lavatory located within that dwelling.
F.
Fire enclosure. No basement space shall be used as a sleeping room
when the heating unit or furnace for the main structure is located
within such basement space, unless such heating unit or furnace is
enclosed within a one-hour fire enclosure.
A.
Cleanliness. Every occupant and owner of a dwelling or dwelling unit
shall keep in a clean and sanitary condition that part of the dwelling,
dwelling unit and premises thereof which he occupies or controls.
C.
Disposal of garbage. Every occupant and owner of a dwelling or dwelling unit shall dispose of all his garbage and any other organic waste which might provide food for rodents in a clean and sanitary manner, by placing it in the garbage disposal facilities or garbage storage containers as required by Chapter 432, Article I, Solid Waste, of the Code of the Village of Allouez.
D.
Hanging screens. Every occupant and owner of a dwelling or dwelling
unit shall be responsible for hanging all screens whenever the same
are required under the provisions of this section or of any rule or
regulation adopted pursuant thereto, except where the owner has agreed
to supply such service. Screens shall be hung at all times that flies
or other insects are present.
E.
Extermination of pests. 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 shall be responsible for such extermination
within the unit occupied by him whenever his dwelling unit is the
only one infested, except that whenever infestation is caused by failure
of the owner to maintain a dwelling in a rat-proof or insect-proof
condition, extermination shall be the responsibility of the owner.
F.
Use and operation of supplied plumbing fixtures. Every occupant and
owner of a dwelling unit shall keep all supplied 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.
G.
Destruction, mutilation and defacing of property. Every occupant
of a dwelling unit, rooming unit or nursing unit shall be responsible
for the repair or replacement of any part of required residential
real estate, required supplied fixtures and equipment, required supplied
furnishings, and any other required property of an owner, when such
has been willfully or wantonly damaged, mutilated or defaced by such
occupant.
H.
Wherever, under this section, a duty is imposed on the occupants
and owners, they shall have joint and several responsibility and,
in the event of a failure to comply with the requirements of this
section, the Village may proceed against either or both, and by proceeding
against one the Village shall not be held to have waived its right
to later proceed against the other.
No person shall own or operate a rooming house or nursing home,
and no person shall occupy or let to another for occupancy any rooming
unit in any rooming house or nursing unit in any nursing home, except
in compliance with the following requirements:
A.
Permit required. No person shall operate a rooming house unless he
holds a valid rooming house permit issued by the Village Clerk-Treasurer
(after inspection and approval by the Village Building Inspector)
in the name of the operator and for the specific dwelling or dwelling
unit within which the rooming house is contained, except that the
provisions of this subsection relating to the procuring of a permit
shall not apply to nursing homes, hotels, motels and tourist rooming
houses which are licensed by the State Department of Health Services.
B.
Application for permit. The operator and owner shall file an application for a rooming house permit in the office of the Village Clerk-Treasurer on forms prepared by the Clerk-Treasurer. The operator and owner shall file with the permit application an occupancy permit issued by the Building Inspector for the operation of a rooming house in the dwelling designated in the application. The occupancy permit issued by the Building Inspector shall state the number of rooming units permitted in the dwelling designated in the application in conformity with Chapter 475, Zoning, of this Code.
C.
Issuance of permit and fees. When all applicable provisions of this section and any rules and regulations adopted pursuant thereto have been complied with by the operator and owner, the Village Clerk-Treasurer (after inspection and approval by the Village Building Inspector) shall issue a rooming house permit upon the payment of a fee, as outlined in Chapter 225, Fees and Charges. All rooming house permits so issued shall expire on July 1 following the date of issuance, unless sooner suspended or revoked as hereinafter provided. The permit shall list the maximum number of persons that may reside in the total of all rooming units located in the dwelling or portions thereof for which the rooming house permit is issued.
D.
Posting of permit. Every rooming house permit issued by the Village
Clerk-Treasurer shall be conspicuously posted by the operator at the
main entrance to the rooming house for which it is issued and shall
remain so posted at all times unless removed by the order of the Village
Clerk-Treasurer.
E.
Operator and owner to control occupancy. No operator or owner shall
at any time allow a larger number of persons to occupy the total of
all rooming units located within a rooming house than the maximum
number of persons listed on the rooming house permit. No operator
or owner shall at any time allow a larger number of persons to occupy
any individual rooming unit than is permitted by this section.
F.
No transferability of permit. No rooming house permit issued under
this chapter shall be transferable, as to person or place, and every
operator shall notify the Village Clerk-Treasurer, in writing, within
24 hours after having relinquished the operation of a rooming house
and shall file, in writing, with the Village Clerk-Treasurer the name
and address of the person who will operate said rooming house thereafter.
G.
Relationship of permit to Building Code and enforcement of Building
Code. The issuance of a rooming house permit shall not relieve the
operator or owner of the responsibility for compliance with the Building
or Zoning Codes and any other applicable ordinance of the Village
and the applicable rules of the State Department of Health Services
and the State Department of Safety and Professional Services.
H.
Applicability of other parts of this chapter. No person shall own or operate a rooming house unless all of the requirements of §§ 253-8 and 253-9D and E are complied with, provided that, for the purpose of interpreting the requirements of the designated section applicable to the enforcement of this subsection, the words "multiple dwelling" or "dwelling" shall be interpreted to mean rooming houses and the words "dwelling unit" and "dwelling units" shall be interpreted to mean rooming unit or rooming units. Every dwelling unit located within a rooming house shall comply with all of the requirements for dwelling units as established in accordance with this chapter.
I.
Toilets and lavatory basins. At least one toilet and one lavatory
basin, properly connected to an approved water and sewer system and
in good working condition, shall be supplied for each 10 persons or
fraction thereof residing within a rooming house or nursing home,
including members of the operator's family wherever they share
the use of said facilities.
J.
Baths. At least one bath properly connected to an approved water
and sewer system and in good working condition shall be supplied for
each eight persons, or fraction thereof, residing within a rooming
house or nursing home, including members of the operator's family
wherever they share the use of said facilities.
K.
Location of sanitary facilities. Every toilet, lavatory basin and
bath shall be located within a room or rooms which afford privacy
to a person within such room or rooms. All such facilities shall be
located within the rooming house or nursing home as to be accessible
to the occupants of each rooming unit sharing such facilities, without
going outside of the dwelling, and without going through another dwelling
unit, or through a rooming unit of another occupant.
L.
Minimum floor area for sleeping purposes. Every room occupied for
sleeping purposes by one person shall contain at least 70 square feet
of floor space and 490 cubic feet of air space, and every room occupied
for sleeping purposes by more than one person shall contain at least
60 square feet of floor space and 400 cubic feet of air space for
each occupant hereof, except that these requirements shall be reduced
by 1/2 for children under 12 years of age.
M.
Number of rooming units. Every rooming unit in every rooming house
or nursing home shall be numbered in a plain and conspicuous manner,
the number to be placed on the outside of the door to such rooming
unit. No two doors shall bear the same number. No number on any door
of any rooming unit shall be changed to any other number without first
securing the written approval of the Health Inspector.
N.
Preparation or eating of meals in rooming units prohibited. No occupant
of a rooming house or nursing home shall prepare or eat meals in a
rooming house or nursing home unless such meals are prepared or eaten
in a dwelling unit contained therein.[1]
O.
Bed linens and towels. The operator of every rooming house or nursing
home shall change supplied bed 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 reasonable, clean and sanitary manner.
P.
Shades and drapes. Every window of every room used for sleeping shall
be supplied with shades, draw drapes, or other devices or materials
which when properly used will afford privacy to the occupant of the
room.
Q.
Sanitary maintenance. The operator of every rooming house or nursing
home shall be responsible for the sanitary maintenance of all walls,
floors, and ceilings, and for maintenance of a sanitary condition
in every other part of a rooming house or nursing home, and he shall
be further responsible for the sanitary maintenance of the entire
premises, where the entire structure or building within which the
rooming house or nursing home is contained is leased or occupied by
the operator.
R.
Storage and disposal of rubbish and garbage. Adequate garbage and rubbish storage containers whose type and location are approved under Chapter 432, Article I, Solid Waste, of the Code shall be supplied by the rooming house or nursing home operator or owner. The operator and owner shall be responsible for the disposal of all rubbish and garbage in a clean and sanitary manner, by placing it in the required containers.
S.
Hanging screens, storm doors and storm windows. The operator of a
rooming house or nursing home shall be responsible for hanging all
screens and double storm doors and windows whenever the same are required
under this chapter, or any rule or regulation adopted pursuant thereto,
except where the owner has agreed to supply such service. Screens
shall be hung not later than June 1 in each year.
T.
Extermination of pests. The operator of a rooming house or nursing
home shall be responsible for the extermination of any insects, rodents,
or other pests therein, and he shall be further responsible for such
extermination on the entire premises, where the entire structure or
building within which the rooming house or nursing home is contained
is leased or occupied by the operator. Notwithstanding the foregoing
provisions of this subsection, whenever infestation of a rooming house
or nursing home is caused by a failure of the owner to maintain the
dwelling within which the rooming house or nursing home is contained
in a rodent-proof or reasonable insect-proof condition, extermination
shall be the responsibility of the owner.
U.
Exits. Every rooming unit in every rooming house or nursing home
shall have exits which conform to the exit requirements of the Village
Building Code and the State Building Code when applicable. In addition,
every exit and passageway shall comply with the following requirements:
V.
Reporting of communicable disease by operator. It shall be the duty
of the operator of a rooming house and nursing home to report to the
Village Health Inspector within 24 hours the name of any person living
in the rooming house who is suffering from or who may be afflicted
with any communicable disease and the name and address of such house
or nursing home.[2]
W.
Keeping of register. Every person who operates a rooming house or
nursing home shall at all times keep a standard register within the
rooming house or nursing home, in which shall be inscribed the names
of all occupants renting or occupying rooming in such rooming house
or nursing home. The register shall be signed by the person renting
a rooming unit. After the names or name of the person renting or occupying
any rooming unit, the operator or his agent shall write the number
of the room or rooms which each person is to occupy, together with
the date and hour when such room or rooms are rented, all of which
shall be done before such person is permitted to occupy such room
or rooms. The register shall be at all times open to inspection by
the Village Health Inspector, any peace officer, and the Fire Chief
or his authorized representative in the Village of Allouez. No person
shall write, or cause to be written, in any rooming house or nursing
home register any other or different name than the true name of such
person, or the name by which such person is generally known.[3]
X.
Hearing when rooming house permit is denied. Any person whose application for a permit to operate a rooming house has been denied may request a hearing on the matter before the Village Board of Appeals, under the procedure provided by § 253-4.
Y.
Suspension of permit. Whenever upon inspection of a rooming house
the Inspector finds that conditions or practices exist which are in
violation of any of the provisions of this chapter, or of any rule
and regulation adopted pursuant thereto, the Inspector shall give
notice, in writing, to the owner and operator of such rooming house
that unless such conditions or practices are corrected within a reasonable
period, determined by the Inspector, the operator's rooming house
permit will be suspended. At the end of such period, the Health Inspector
shall reinspect such rooming house, and if he finds that such conditions
or practices have not been corrected, he shall suspend the permit
and give written notice to the operator that the permit has been suspended.[4]
Z.
Hearing when rooming house permit has been suspended; revocation of permit. Any person whose permit to operate a rooming house has been suspended, or who has received notice from the Inspector that his permit is to be suspended unless the existing condition or practices are corrected, may request and shall be granted a hearing on the matter before the Village Board of Appeals under the procedure provided by § 253-4. If no petition for such hearing is filed within 20 days following the day on which such permit was suspended, the permit shall be automatically revoked. Upon receipt of the notice of permit revocation, the operator shall cease operation of such rooming house, and after the lapse of a reasonable period of time, to be determined by the Inspector, no person shall occupy for sleeping or living purposes any dwelling unit or rooming unit therein.
AA.
Wherever under this section a duty is imposed on the occupants and
owners, they shall have joint and several responsibility, and in the
event of a failure to comply with the requirements of this section,
the Village may proceed against either or both, and by proceeding
against one the Village shall not be held to have waived its right
to later proceed against the other.
A.
Nursing unit in cellar or basement prohibited. No nursing unit shall
be located in any cellar or basement space.
B.
Compliance with state and Village standards. Every nursing home shall
comply with Chapter DHS 132, Nursing Homes, of the Wisconsin Administrative
Code, and these regulations are adopted by reference and are hereby
incorporated and made a part of this section as though set out in
full.
A.
Maintenance of non-dwelling structures. Every foundation, exterior
wall, roof, window, exterior door, basement hatchway, and every other
entranceway of every non-dwelling structure shall be so maintained
as to prevent the structure from becoming a harborage for rodents
and shall be kept in a reasonably good state of maintenance and repair.
B.
Protection of exterior wood surfaces. All exterior wood surfaces
of all non-dwelling structures shall be properly protected from the
elements and against decay by paint or other approved protective coating
applied in a workmanlike manner.
D.
Grading and drainage of premises. Every premises shall be graded
and maintained so that no stagnant water will accumulate or stand
on the premises or within any building or structure located on the
premises.
A.
When any dwelling or dwelling unit is found by the Inspector to have any of the following defects, condemnation proceedings shall be commenced (in accordance with the provisions of Subsection B following):
(1)
One which is so damaged, decayed, dilapidated, insanitary, difficult
to heat, unsafe, or vermin infested that it creates a hazard to the
health or welfare of the occupants or of the public;
(2)
One which lacks illumination, ventilation, or sanitary facilities
adequate to protect the health or welfare of the occupant or of the
general public; or
(3)
One which because of its general condition or location is insanitary or otherwise dangerous to the health or welfare of the occupants or of the general public. Any dwelling or dwelling unit shall be condemned as unfit for human habitation by the Inspector (in accordance with the provisions of Subsection B) if the owner, operator, or occupant fails to comply with any order based on the provisions of this section, or any rule or regulation adopted pursuant thereto.
B.
Procedure for condemnation. The condemnation of dwellings and dwelling
units as unfit for human habitation, occupancy or use shall be carried
out in accordance with § 66.0413, Wis. Stats., and the Inspector
shall be, and is hereby, designated as an "other designated officer"
under the provisions of § 66.0413, Wis. Stats.
The Inspector is charged with the responsibility for the enforcement
of this chapter. However, it is hereby declared that the intent of
this chapter can be most effectively carried out by the cooperation
of all Village departments concerned, and all such departments shall
cooperate with the Health Inspector in the enforcement of this chapter.
The provisions of this chapter shall not abrogate the responsibility
of any person to comply with any of the provisions of the Wisconsin
State Building Code and the Building and Zoning, Plumbing, Heating,
and Electrical Codes of the Village of Allouez.