A.
Title. These regulations shall be known as the Property Maintenance
code of the City of South Milwaukee, hereinafter referred to as "this
code."
B.
Scope. The provisions of this code shall apply to all existing residential
and nonresidential structures and all existing premises and constitute
minimum requirements and standards for premises, structures, equipment,
and facilities for light, ventilation, space, heating, sanitation,
protection from the elements, life safety, safety from fire and other
hazards, and for safe and sanitary maintenance.
[Amended 2-16-2011 by Ord. No. 2018]
C.
Intent. This code shall be construed to secure its expressed intent,
which is to ensure public health, safety and welfare insofar as they
are affected by the continued occupancy and maintenance of structures
and premises. Existing structures and premises that do not comply
with these provisions shall be altered or repaired to provide a minimum
level of health and safety as required herein.
D.
Severability. If a section, subsection, sentence, clause or phrase
of this code is, for any reason, held to be unconstitutional, such
decision shall not affect the validity of the remaining portions of
this code.
E.
Fees. The fees for services and activities performed by the department
in carrying out its responsibilities under this code shall be determined
by resolution of the Common Council and published in the Administrative
Fee Schedule.
A.
Maintenance. Equipment, systems, devices and safeguards required
by this code or a previous regulation of code under which the structure
or premises was constructed, altered or repaired shall be maintained
in good working order. The requirements of this code are not intended
to provide the basis for removal or abrogation of fire protection
and safety systems and devices in existing structures.
[Amended 2-16-2011 by Ord. No. 2018]
B.
The term "owner" as used herein means all and any of the following
persons, entities and individuals. Each and all of those designated
herein as "owners" shall be responsible for compliance with the code
and with orders issued by the appropriate City Official to carry out
or enforce the provisions of this code:
[Amended 2-16-2011 by Ord. No. 2018]
(1)
The titled owner.
(2)
Where the titled owner is a corporation, the designated agent of
the owner, and/or property manager, and/or person actually in charge
of the premises and/or the person who collects rent from the premises;
(3)
Where the titled owner is an LLC, each member of the LLC is individually
responsible for the maintenance of the premises as required in this
code unless the LLC has designated a managing member and that designation
is on file with the State of Wisconsin DFI in which case the managing
member is responsible for compliance with this code and in addition
to the designated managing member, the following are also responsible
for compliance; the property manager and/or person actually in charge
of the premises and/or the person who collects rent from the premises;
(4)
Where the titled owner is a partnership, whether limited or otherwise,
each managing partner, and/or property manager and/or person actually
in charge of the premises or the person who collects rent from the
premises;
(5)
Where the titled owner is one or more individuals, each individual.
C.
Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of Chapter 16 of the City of South Milwaukee Code of Ordinances and the codes and provisions adopted therein. Nothing in this code shall be construed to cancel, modify or set aside any provisions of Chapters 15 and 16 of the City of South Milwaukee Code of Ordinances (the City Zoning and Building Codes, respectively). Where the City of South Milwaukee Code of Ordinances provides no specific applicable provision related to the structure or part of structure requiring repair or correction, and the State of Wisconsin Building Codes has provisions which are applicable to such structure or part of a structure, the repair or correction shall be ordered to be made to comply with the applicable provisions of the State Building Code.
D.
Existing remedies. The provisions in this code shall not be construed
to abolish or impair existing remedies of the jurisdiction or its
officers or agencies relating to the removal or demolition of any
structure which is dangerous, unsafe and unsanitary.
E.
Workmanship. Repairs, maintenance work, alterations or installations
which are caused directly or indirectly by the enforcement of this
code shall be executed and installed in a workmanlike manner and installed
in accordance with the manufacturer's installation instructions.
F.
Historic buildings. The provisions of this code shall not be mandatory
for existing buildings or structures designated by the state or local
jurisdiction as historic buildings when such buildings or structures
are judged by the code official to be safe and in the public interest
of health, safety and welfare.
G.
Requirements not covered by code. Requirements necessary for the
strength, stability or proper operation of an existing fixture, structure
or equipment, or for the public safety, health and general welfare,
not specifically covered by this code, shall be determined by the
code official.
A.
General. This code shall be enforced by the City Building Inspector,
Public Health Administrator or Board of Health designee, and in his/her
absence by the City Engineer or his/her designee. References in this
code to the "code official" shall be read to mean the City Building
Inspector and in his/her absence, by the City Engineer or his/her
designee. In addition, the City Fire Inspector is designated as a
"code official" for the enforcement of all fire safety related conditions.
Unless otherwise stated, it is the responsibility of the owner of
the structure, land or premises to make the structure, land or premises
comply with the provisions of this code.
B.
Rule making authority. The code official shall have authority as
necessary in the interest of public health, safety and general welfare,
to adopt and promulgate rules and procedures; to interpret and implement
the provisions of this code; to secure the intent thereof; and to
designate requirements applicable because of local climatic or other
conditions. Such rules shall not have the effect of waiving structural
or fire performance requirements specifically provided for in this
code, or of violating accepted engineering methods involving public
safety.
C.
Inspections. The code officials shall make all of the required inspections,
or shall accept reports of inspection by approved agencies or individuals.
All reports of such inspections shall be in writing and be certified
by a responsible officer of such approved agency or by the responsible
individual. The code official is authorized to engage such expert
opinion as deemed necessary to report upon unusual technical issues
that arise, subject to the approval of the appointing authority.
D.
Right of entry. The code official is authorized to enter the structure
or premises at reasonable times to inspect with the consent of the
person in charge of the premises, i.e. tenant, owner or agent of owner.
The code official may enter buildings which are open to the public
during the hours the building is normally open to the public without
any specific consent. If the person in charge of the premises refuses
to permit the inspection, the code official may obtain an inspection
warrant permitting inspection.
E.
Identification. The code official shall carry proper identification
when inspecting structures or premises in the performance of duties
under this code.
F.
Notices and orders. The code official shall issue all necessary notices
or orders to ensure compliance with this code.
G.
Violations of this chapter shall be punishable by a forfeiture of
up to $1,000 per day for each day the violation continues. Where the
owner fails to make repairs ordered by the Building Inspector or his
designee the City Attorney is authorized, in appropriate cases as
he/she shall determine, to file and action for the appointment of
a receiver to take charge of the premises, make necessary repairs,
collect rents to offset the cost of repairs and/or sell the premises
at sheriff's sale or take such other action as the Court may
approve.
[Amended 2-16-2011 by Ord. No. 2018]
H.
Coordination of inspections. Whenever in the enforcement of this
code or another code or ordinance, the responsibility of more than
one code official of the jurisdiction is involved, it shall be the
duty of the code officials involved to coordinate their inspections
and administrative orders as fully as practicable so that the owners
and occupants of the structure shall not be subjected to visits by
numerous inspectors or multiple or conflicting orders. Whenever an
inspector from any agency or department observes an apparent or actual
violation of some provisions of some law, ordinance or code not within
the inspector's authority to enforce, the inspector shall report
the findings to the code official having jurisdiction.
I.
Reinspection fee.
[Added 12-5-2017 by Ord. No. 2164]
(1)
To compensate for inspectional and administrative costs, a fee may be charged, pursuant to Subsection I(3), for any reinspection to determine compliance with an order to correct conditions of provisions of the code under the jurisdiction of the Building Inspector, or designee, except no fee shall be charged for the reinspection when compliance is recorded. A fee may be charged, pursuant to Subsection I(3), for each subsequent reinspection. Reinspection fees shall be charged against the real estate upon which the reinspections were made, shall, upon delinquency, be a lien upon the real estate and shall be assessed and collected as a special charge for payment and settlement.
(2)
To compensate for inspectional and administrative costs, a fee may be charged, pursuant to Subsection I(3), for any inspection or reinspection when a contractor requests an inspection for permit related work and the work is not ready at the time of the requested inspection. Failure to pay additional reinspection fees after one notice may result in withholding future permits.
(3)
Fees in this section shall be established and published in the Administrative
Fee Schedule.
A.
Modifications. Whenever there are practical difficulties involved
in carrying out the provisions of this code, the code official shall
have the authority to grant modifications for individual cases, provided
the code official shall first find that special individual reasons
makes the strict letter of this code impractical and the modification
is in compliance with the intent and purpose of the code and that
such modification does not lessen health, life and fire safety requirements.
The details of action granting modifications shall be recorded and
entered in the department files.
B.
Alternative materials, methods and equipment. The provisions of this
code are not intended to prevent the installation of any material
or to prohibit any method of construction not specifically prescribed
by this code, provided that any such alternative has been approved.
An alternative material or method of construction shall be approved
where the code official finds that the proposed design is satisfactory
and complies with the intent of the provisions of this code, and that
the material, method or work offered is, for the purpose intended,
at least the equivalent of that prescribed in this code in quality,
strength, effectiveness, fire resistance, durability and safety.
C.
Required testing. Whenever there is insufficient evidence of compliance
with the provisions of this code, or evidence that a material or method
does not conform to the requirements of this code, or in order to
substantiate claims for alternative materials or methods, the code
official shall have the authority to require tests to be made as evidence
of compliance at no expense to the jurisdiction.
(1)
Test methods. Test methods shall be as specified in this code or
by other recognized test standards. In the absence of recognized and
accepted test methods, the code official shall approve the testing
procedures.
(2)
Testing agency. All tests shall be performed by an approved agency.
(3)
Test reports. Reports of tests shall be retained by the code official
for the period required for retention of public records.
(4)
Material and equipment reuse. Materials, equipment and devices shall
not be reused unless such elements are in good repair or have been
reconditioned and tested when necessary, placed in good and proper
working condition and approved.
A.
Notice and orders. Whenever the Public Health Administrator or Board
of Health designee, Building Inspector, and/or Fire Inspector shall,
upon inspection of any premises within the City, find that conditions
of the premises constitute a violation of the Code, the Health Code
or Fire Code, the code official shall order the owner and/or occupant
of the premises to correct said conditions and/or to remove and dispose
of any unsafe, unsanitary, hazardous and blighting articles or material.
Enforcement of the provisions of this property Maintenance Code shall
be primarily the responsibility of the Building Inspector and in his/her
absence, by a City Employee authorized by the Common Council.
B.
Form. Orders issued to address or correct violations of this shall
be issued in accordance with all of the following:
(1)
Be in writing.
(2)
Include a description of the real estate sufficient for identification.
(3)
Include a statement of the violation or violations and why the notice
is being sent.
(4)
Include a correction order allowing a reasonable time to make the
repairs and improvements required to bring the dwelling unit or structure
into compliance with the provisions of this code.
(5)
Inform the property owner of the right to appeal.
C.
Method of service. Such notice shall be deemed to be properly served
if a copy thereof is:
(1)
Sent by first class mail addressed to the last known address and
posting a copy in a conspicuous place in or about the structure affected
by such notice. [Wis. Stats., § 62.17(2)]
D.
Penalties. Penalties for noncompliance with orders and notices shall be as set forth in § 21.111.
E.
Owners to record current address with register of deeds. Pursuant
to the provisions of § 62.17, Wis. Stats., the owner of
each structure and/or parcel of real estate located in the City of
South Milwaukee is required to record his/her/its current address
with the Milwaukee County Register of Deeds and a copy of such notice
with the City of South Milwaukee Assessor's office. Filing a
correct address on a transfer tax return shall be deemed compliant
with this provision. Any change must be filed within 10 days of the
date of the change. This subsection does not apply to owner-occupied
one and two family dwellings. [Wis. Stats., § 62.17(1)]
F.
Transfer of ownership. It shall be unlawful for the owner of any
dwelling unit or structure who has received a compliance order or
upon whom a notice of violation has been served to sell, transfer,
mortgage, lease or otherwise dispose of such dwelling unit or structure
to another until the provisions of the compliance order or notice
of violation have been complied with, or until such owner shall first
furnish the grantee, transferee, mortgagee, or lessee a true copy
of any compliance order or notice of violation issued by the code
official and shall furnish to the code official a signed and notarized
statement from the grantee, transferee, mortgagee or lessee, acknowledging
a receipt of such compliance order or notice of violation and fully
accepting the responsibility without condition for making the corrections
or repairs required by such compliance order or notice of violation
within the time period for compliance established by the order. [Wis.
Stats., § 62.17(4)]
A.
General. When a structure or equipment if found by the code official
to be unsafe, or when a structure is found unfit for human occupancy,
or is found unlawful, such structure shall be condemned pursuant to
the provisions of this code.
B.
Unsafe structures. An unsafe structure is one that is found to be
dangerous to the life, health, property or safety of the public or
the occupants of the structure by not providing minimum safeguards
to protect or warn occupants in the event of fire, or because such
structure contains unsafe equipment or is so damaged, decayed, dilapidated,
structurally unsafe, or of such faulty construction or unstable foundation,
that partial or complete collapse is possible.
C.
Unsafe equipment. Unsafe equipment includes any boiler, heating equipment,
elevator, moving stairway, electrical wiring or device, flammable
liquid containers or other equipment on the premises or within the
structure which is in such disrepair or condition that such equipment
is a hazard to life, health, property or safety of the public or occupants
of the premises or structure.
D.
Structure unfit for human occupancy. A structure is unfit for human
occupancy whenever the code official finds that such structure is
unsafe, unlawful or, because of the degree to which the structure
is in disrepair or lacks maintenance, is unsanitary, vermin or rat
infested, contains filth and contamination, or lacks ventilation,
illumination, sanitary or heating facilities or other essential equipment
required by this code, or because the location of the structure constitutes
a hazard to the occupants of the structure or to the public.
E.
Unlawful structure. An unlawful structure is one found in whole or
in part to be occupied by more persons than permitted under this code,
or was erected, altered or occupied contrary to law.
F.
Closing of vacant structures. If the structure is vacant and unfit
for human habitation and occupancy, and is not in danger of structural
collapse, the code official is authorized to post a placard of condemnation
on the premises and order the structure closed up so as not to be
an attractive nuisance. Upon failure of the owner to close up the
premises within the time specified in the order, the code official
shall cause the premises to be closed and secured through any available
public agency or by contract or arrangement by private persons and
the cost thereof shall be charged against the real estate upon which
the structure is located and shall be a special charge against the
property and if unpaid shall become a lien upon such real estate and
may be collected by any other legal resource.
G.
Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner of the person or persons responsible for the structure or equipment in accordance with § 21.107C. If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in § 21.107B.
H.
Placarding. Upon failure of the owner or person responsible to comply
with the notice provisions within the time given, the code official
shall post on the premises or on defective equipment a placard bearing
the word "Condemned" and a statement of the penalties provided for
occupying the premises, operating the equipment or removing the placard.
I.
Prohibited occupancy. Any person who shall occupy a placarded premises
or shall operate placarded equipment, and any owner or any person
responsible for the premises who shall let anyone occupy a placarded
premises or operate a placarded equipment shall be liable for the
penalties provided by this code.
J.
Removal of placard. The code official shall remove the condemnation
placard whenever the defect or defects upon which the condemnation
and placarding action were based have been eliminated. Any person
who defaces or removes a condemnation placard without the approval
of the code official shall be subject to the penalties provided by
this code.
A.
Imminent danger. When, in the opinion of the code official, there
is imminent danger of failure or collapse of a building or structure
which endangers life, or when any structure or part of a structure
has fallen and life is endangered by the occupation of the structure
or when there is actual or potential danger to the building occupants
or those in the proximity of any structure because of explosives,
explosive fumes or vapors of the presence of toxic fumes, gases or
materials, or operation of defective or dangerous equipment, the code
official is hereby authorized and empowered to order and require the
occupants to vacate the premises forthwith. The code official shall
cause to be posted at each entrance to such structure a notice reading
as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited
by the Code Official." It shall be unlawful for any person to enter
such structure except for the purpose of securing the structure, making
the required repairs, removing the hazardous condition or demolishing
the same.
B.
Temporary safeguards. Notwithstanding other provisions of this code,
whenever, in the opinion of the code official, there is imminent danger
due to unsafe condition, the code official shall order the necessary
work to be done, including the boarding up of openings, to render
such structure temporarily safe whether or not the legal procedure
herein described has been instituted; and shall cause such other action
to be taken as the code official deems necessary to meet such emergency.
C.
Closing streets. When necessary for public safety, the code official
shall temporarily close structures and close, or order the authority
having jurisdiction to close, sidewalks, streets, public ways and
places adjacent to unsafe structures, and prohibit the same from being
utilized.
D.
Emergency repairs. For the purposes of this section, the code official
shall employ the necessary labor and materials to perform the required
work as expeditiously as possible.
E.
Costs of emergency repairs. Costs incurred in the performance of
emergency work shall be paid by the jurisdiction. The legal counsel
of the jurisdiction shall institute appropriate action against the
owner of the premises where the unsafe structure is or was located
for the recovery of such costs.
F.
Hearing. Any person ordered to take emergency measures shall comply
with such order forthwith. Any affected person shall thereafter, upon
petition directed to the Board of Appeals, be afforded a hearing as
described in this code.
A.
Failure to comply. Upon failure to timely comply with an order issued
by a code official, or the Board of Appeals, which requires that any
building, premise, structure or property be cleaned or repaired, or
conditioned abated or improved in accordance with this chapter, in
cases of hardship due to indigence, or absence of the responsible
party, the Building Inspector or his/her designee may cause such cleaning,
repair, abatement or removal of the offending structure of substance
upon approval by the Common Council. Such approval shall not exceed
5% of the equalized improved value. Such cleaning, repair or removal
shall be deemed as special benefit to such premises and the costs
for the same shall be charged against the owners of the property.
If the costs of the same are not paid within 60 days, it shall be
levied as a special charge against the premises as authorized by §§ 66.0405
and 66.60(16), Wis. Stats.
B.
Raze orders. If a building is old, dilapidated or out of repair and consequently dangerous, unsafe, unsanitary or otherwise unfit for human habitation and unreasonable to repair, the code official may order the owner of the building to raze the building of, if the building can be made safe by reasonable repairs, the code official may order the appropriate repairs as provided in § 21.107.
C.
Unreasonable to repair. If the building inspector determines that the cost of repairs of a building described in Subsection B above would exceed 50% of the assessed value of the building divided by the ratio of the assessed value to the recommended value as last published by the Department of Revenue of the State of Wisconsin for the City of South Milwaukee, the repairs are deemed unreasonable.
D.
Razing building that is a public nuisance. A building that as a result
of vandalism or any other reason, has deteriorated or is dilapidated
or blighted to the extend that windows, doors or other openings, plumbing
or heating fixtures, or facilities of appurtenances of the building
are damaged, destroyed or removed so that the building offends the
aesthetic character of the immediate neighborhood and produces blight
or deterioration is a public nuisance.
E.
Service of raze order. A raze order shall be served in the manner
required by Wisconsin Statutes on the parties required by Wisconsin
Statutes.
F.
Failure to comply with raze order. Failure to comply with a raze
order shall be pursued by an action in the Circuit Court of Milwaukee
County. See §§ 66.0413(1) and 66.0413(2), Wis. Stats.
A.
Failure to comply with order. Any person, firm or corporation who
fails to comply with the order of a code official and/or the Board
of Appeals, if an appeal is taken, shall be subject to a forfeiture
of not less than $25 and not more than $500 per day for each day the
condition ordered corrected continues uncorrected after the expiration
of the time period stated in the order, together with the costs of
the action.
B.
Failure to notify on sale. Any person, firm or corporation who fails to comply with the requirements of § 21.107E shall, upon conviction, be required to pay a forfeiture of $500. In addition, any person who fails to comply with the provisions of § 21.107E shall continue to be responsible for compliance with the order and/or notice and will not be relieved of responsibility by virtue of the sale or transfer of the premises.
C.
Use of building condemned for human occupancy. Any person, firm or
corporation who uses a building which has been condemned for human
habitation, occupancy or use under this code shall be fined $50 for
each week or partial week the use or occupancy continues. [Wis. Stats.,
§ 66.0413(1)(br)]
