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Village of Whitefish Bay, WI
Milwaukee County
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[Adopted as Secs. 18.06 through 18.15 of the Codification]
The Building Inspector or his designated representative is authorized and upon receipt of signed written complaint shall make exterior inspections to determine whether the buildings, structures and premises located within this Village conform to the requirements of this chapter. For the purpose of making such exterior inspections, the Building Inspector is authorized to enter, examine and survey at all reasonable times the exterior portions of all buildings, structures or premises. Every owner or occupant shall give the Building Inspector free access thereto at all reasonable times for the purpose of such inspection, examination and survey. In the event the owner or occupant shall refuse access to any said premises, then the Building Inspector or his delegated representative shall have authority to enter any of such premises after written notice has been given to the owner, occupant or his agent. If, after such notice is given, access is denied, the Building Inspector may apply to the Municipal Justice for a special inspection warrant.
Whenever the Building Inspector determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, he will give notice of such alleged violation to the person or persons responsible therefor, which shall:
A. 
Be in writing;
B. 
Indicate the nature of the violation(s);
C. 
Indicate the time for the correction of the violation in accordance with § 18-12;
D. 
Be served upon the owner or his agent, or the occupant or operator, as the case may require. Such notice shall be deemed to be properly served upon such owner, or agent, or occupant, or operator, if a copy thereof is:
(1) 
Served upon him personally;
(2) 
Sent by registered or certified mail to his last known address; or
(3) 
Posted in a conspicuous place in or about the building or structure affected by the notice.
A. 
Whenever:
(1) 
Any building, structure or premises does not substantially comply with the requirements of this chapter;
(2) 
The Building Inspector has given notice of the violations involved as provided for in § 18-7 herein;
(3) 
If the owner, occupant or operator has failed to correct the violations set forth in said notice; and
(4) 
The Building Inspector has further determined that the building, structure or premises are so damaged, decayed, dilapidated, unsafe or vermin-infested that it creates a serious hazard to the health or safety of the occupants or of the public, and is therefore unfit for use or occupancy.
B. 
Then, the Building Inspector shall cause to be placed upon said building, structure or premises a placard, the form of which shall be determined by the Building Inspector, but which will substantially state the specific violations of this chapter and will further state the determinations of the Building Inspector as to the building, structure or premises being unfit for use or occupancy.
A. 
Any building, structure or premises which has been determined by the Building Inspector as being so damaged, decayed, dilapidated, unsafe or vermin-infested that it creates a serious hazard to the health or safety of the occupants or of the public, and is therefore unfit for use or occupancy, and which said building, structure or premises have been placarded by the Building Inspector pursuant to § 18-8 herein, shall be vacated within such reasonable time as is determined and ordered by the Building Inspector.
B. 
No building, structure or premises which has been determined by the Building Inspector as unfit for use or occupancy and placarded as provided in § 18-8 herein again be used or occupied until written approval is secured from, and such placard is removed by, the Building Inspector. The Building Inspector shall grant such approval and remove such placard in the event that the violations have been corrected and the Building Inspector determines that the building, structure or premises are now fit for use or occupancy.
No person shall deface or remove the placard from any building, structure or premises which has been placed by the Building Inspector pursuant to § 18-8, except for the removal by the Building Inspector under the conditions as set forth in § 18-9.
Any person affected by any notice or order relating to violations under this chapter or any determinations of the Building Inspector may request and shall be granted a hearing on the matter before the Board of Appeals under the procedure set forth.
A. 
The owner, occupant or operator of any building, structure or premises shall have 30 days from the issuance of the notice as provided for in § 18-7 in which to remedy the violations there specified.
B. 
It shall be unlawful for any person to fail to comply with any order of the Building Inspector contained in the notice described in said § 18-7. In the event that the Building Inspector shall determine, in his discretion, that the owner, occupant or operator is, within said 30 days, making a good faith effort to correct the violations, he may extend the time for compliance.
C. 
Notwithstanding the thirty-day provision in the preceding subsection, in the event that the Building Inspector shall determine that the violations of requirements of this chapter present a grave and immediate danger to the health or safety of the occupants or of the public, the Building Inspector may indicate in the notice under § 18-7 that the violations must be corrected immediately and may provide with the placarding as provided in § 18-8 and order the vacation of the building as provided by § 18-9 immediately following the giving of the notice as required by § 18-7.
[Amended at time of adoption of Code (see Ch. 17, Village Code and Ordinances, Art. I)]
If any building, structure or premises does not substantially comply with the requirements of this chapter, and the Building Inspector has further determined that the building, structure or premises are so damaged, decayed, dilapidated, unsafe or vermin-infested that it creates a serious hazard to the health or safety of the occupants or of the public, and is therefore unfit for use or occupancy, and if the required notice under § 18-7 has been given, the placard under § 18-8 has been placed on the dwelling, the order of the Building Inspector, including a reasonable time for vacation under § 18-9 has been given, and the owner, occupant or operator of said building, structure or premises refuses or fails to correct such violations, then the Building Inspector shall order the razing and removal of said building, structure or premises, shall cause said work to be done and certify the costs thereof to the Village Clerk-Treasurer, who shall enter the cost against the property upon the next tax roll of the Village.
The owner, occupant or operator of every building, structure or premises which has been declared by the Building Inspector to be unfit for use or occupancy shall make said building, structure or premises safe and secure so that it shall not be dangerous to human life and shall not constitute a fire hazard or public nuisance. Any such vacant building or structure open at doors or windows, if unguarded, shall be deemed to be dangerous to human life as a fire hazard and a public nuisance within the meaning of this provision. If the owner, occupant or operator of such building, structure or premises shall, after notice and order by the Building Inspector, refuse or fail to make such provisions, then the Building Inspector shall cause such work to be done and certify the cost thereof to the Village Clerk-Treasurer, who shall enter such cost against the property upon the next tax roll of the Village.
It shall be unlawful for the owner of any building, structure or premises 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 to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish to the grantee, transferee, mortgagee, or lessee a true copy of any compliance or notice of violation issued by the Building Inspector and shall furnish to the Building Inspector a signed a notarized statement from the grantee, transferee, mortgagee, or lessee, acknowledging the 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.