[HISTORY: Adopted by the Common Council of the City of Rice Lake
as Title 15, Chapter 4 of the Code of Ordinances. Amendments noted where applicable.]
The purpose of this chapter is to ensure that residential rental properties
conform to minimum safety, health and maintenance standards. This chapter
shall include all one- and two-family residential rental properties within
the City of Rice Lake.
A.
BASEMENT
CELLAR
DWELLING
DWELLING UNIT
EXTERMINATION
GARBAGE
HABITABLE ROOM
HEALTH OFFICER
INFESTATION
INSPECTION DEPARTMENT
LANDLORD
MULTIPLE DWELLING
OCCUPANT OR TENANT
OPERATOR
ORDINARY MINIMUM WINTER CONDITIONS
OWNER
(1)
(2)
PERSON
PLUMBING
RENTAL PROPERTY
ROOMING UNIT
RUBBISH
SUPPLIED
The following definitions will apply in the interpretation
and enforcement of this chapter:
A space of full-story height below the first floor which is not designed
or used primarily for year-round living accommodations. Space, partly below
grade, which is designed and finished as habitable space is not defined as
basement space.
A portion of a building located partly or wholly underground and
having 2/3 or more of its clear floor-to-ceiling height below the average
grade of the ground. (See "basement" for reference.)
Any building which is wholly or partly used or intended to be used
for living or sleeping by human occupants.
Any room or group of rooms located within a dwelling and forming
a single habitable unit with facilities which are used or intended to be used
for living, sleeping, cooking and eating.
The control and elimination of insects, rodents or other pests by
eliminating their harborage places, by removing or making inaccessible materials
which may serve as their food, by poisoning, spraying, fumigating or trapping
or by other recognized and legal pest elimination methods approved by the
Health Officer.
The animal or vegetable waste resulting from the handling, preparation,
cooking and consumption of food.
A room or other enclosed floor space used or intended to be used
for living, sleeping, cooking or eating purposes, excluding bathrooms, water
closet compartments, laundries, pantries, foyers or corridors, closets and
storage space.
The Barron County Health Officer/Director or his duly authorized
representative.
[Amended 2-27-1996 by Ord. No. 813]
The presence within or around a dwelling of any insects, rodents
or other pests.
The Inspection Department of Rice Lake or its authorized representative.
[Amended 2-27-1996 by Ord. No. 813]
The building owner or his authorized agent or person authorized to
rent or lease the building.
Any dwelling containing more than two dwelling units.
Any person living, sleeping, cooking or eating in or having actual
possession of a dwelling unit or rooming unit.
Any person who has charge, care or control of a building, or part
thereof, in which dwelling units or rooming units are offered for rent.
The temperature which is 15° F. above the lowest recorded temperature
for the previous ten-year period.
Any person who, alone or jointly or severally with others:
Shall have legal or equitable title to any dwelling unit, with or without
accompanying actual possession thereof, provided that whenever the dwelling
or dwelling unit is subject to a conditional sales contract, lease with option
to purchase or any other form of written contract under the terms of which
any person is entitled to a conveyance of legal title upon payment of a specified
sum, "owner" shall mean the person who shall have such a contractual right,
as well as the person who is holding the legal title; or
Shall have charge, care or control of any dwelling or dwelling unit as executor, executrix, trustee, receiver or guardian of the owner as defined in Subsection (1). Any such person thus representing the actual owner shall be bound to comply with this chapter to the same extent as if he were the owner. Any person acting as the agent of the owner shall not be construed to be the owner within the terms of this chapter but shall be bound to notify the owner, by means of a registered letter addressed to the owner at his last known address, of any order or notice to be issued by the Inspection Department relating to the property of the owner.
[Amended 2-27-1996 by Ord. No. 813]
Includes any individual, firm, corporation, association or partnership.
Includes all of the following supplied facilities and equipment:
gas pipes, gas-burning equipment, water pipes, garbage disposal equipment,
waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs,
shower baths, installed clothes-washing machines, catch basins, drains, vents,
floor drains, laundry traps, drinking fountains, gutters, downspouts, area
drains, lines, sanitary and storm sewer systems and also subsoil drainage
and any other supplied fixtures, together with all connections to water, sewer
or gas lines.
That property which is rented or leased to any person other than
the owner or members of his immediate family.
Any room or group of rooms forming a single habitable unit used or
intended to be used for living and sleeping but not for cooking or eating
purposes.
Combustible or noncombustible waste materials, except garbage, and
the term shall include the residue from the burning of wood, coal, coke and
other combustible material, paper, rags, cartons, boxes, wood excelsior, trimmings,
leaves, tin cans, metals, mineral matter, glass, crockery or dust.
Paid for, furnished or provided by or under the control of the owner
or operator.
B.
Whenever the words "dwelling," "dwelling unit," "rooming
house," "rooming unit" and "premises" are used in this chapter, they shall
be construed as though they were followed by the words "or any part thereof."
[Amended 2-27-1996 by Ord. No. 813]
A.
License required. No person shall rent or lease a dwelling,
or any part thereof, to another for residential occupancy without a rental
license being issued by the Common Council.
B.
Eligibility. A person is eligible to obtain a rental
license upon completion of the following:
C.
License expiration. Every rental license shall expire
on June 30 of each year. Not less than 60 days prior to such expiration, the
Inspection Department shall notify each current licensee, by regular mail
to the assessment roll address, that the rental license will expire on June
30 and may be renewed upon compliance with this section.
[Amended 6-24-1997 by Ord. No. 844]
A.
Notice. Whenever the Inspection Department determines
that there are reasonable grounds to believe that violations of this chapter
exist, it shall give notice of such alleged violation to the person or persons
responsible therefor and to any known agent of such person, as hereinafter
provided. Such notice shall:
(1)
Be put in writing.
(2)
Include a statement of the grounds for issuance.
(3)
Allow a reasonable time for the performance of any act
which such notice requires.
(4)
Contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this chapter.
(5)
Be served upon the owner or his agent or the occupant,
as the case may require; provided, however, that such notice shall be deemed
to be properly served upon such owner or agent or upon such occupant if a
copy thereof is served upon him personally or if a copy thereof is sent by
registered mail to his last known address or if a copy thereof is posted in
a conspicuous place in or about the dwelling affected by the notice or if
he is served with such notice by any other method authorized or required under
the laws of this state.
B.
Hearing. Any person affected by any such notice issued
by the Inspection Department may request and shall be granted a hearing on
the matter before the Common Council, provided that such person shall file
in the office of the Inspection Department, within 10 days after service of
the notice, a written petition requesting such hearing and setting forth a
brief statement of the grounds therefor. Upon receipt of such petition, the
Inspection Department shall arrange a time and place for such hearing and
shall give the petitioner written notice thereof. Such hearing shall be held
as soon as practicable after the receipt of request therefor. At such hearing
the petitioner shall be given an opportunity to be heard and to show cause
why such notice should not be complied with.
C.
Action after hearing. After such hearing the Common Council
shall sustain, modify or withdraw the notice, depending upon its findings
as to whether the provisions of this chapter have been complied with. If the
Common Council shall sustain or modify such notice, it shall be deemed to
be an order.
D.
Notice to be order if not appealed. Any notice served pursuant to Subsection A shall automatically become an order if a written petition for a hearing is not filed in the office of the Inspection Department within 10 days after such notice is served.
E.
Record of hearing. The proceedings at such hearing, including
the findings and decision of the Common Council, shall be summarized, reduced
to writing and entered as a matter of public record in the offices of the
Common Council. Such record shall also include a copy of every notice or order
issued in connection with the matter.
F.
Appeal to court. Any person aggrieved by the decision
of the Common Council may seek relief therefrom in any court of competent
jurisdiction as provided by the laws of this state.
G.
Emergency orders. Whenever the Inspection Department finds that an emergency exists which requires immediate action to protect the public health it may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as it deems necessary to meet the emergency. Notwithstanding any other provisions of this chapter, such order shall be effective immediately, but upon petition to the Inspection Department the person subject to the order shall be afforded a hearing as soon as possible in the manner provided in Subsection B. After such hearing, depending upon the findings as to whether the provisions of this chapter have been complied with, the Common Council shall continue such order in effect or modify it or revoke it.
No person shall occupy as owner-occupant or lease, rent or otherwise
let to another for occupancy any dwelling or dwelling unit for the purpose
of living, sleeping, cooking or eating therein which does not comply with
the following requirements:
A.
Smoke alarms.
(1)
Every dwelling unit under the jurisdiction of this chapter
shall have approved smoke alarms installed in each sleeping area on each floor
level and at the head of every open stairway.
(2)
It shall be the responsibility of the tenant to notify
the landlord of smoke alarm malfunctions or dead batteries.
(3)
It shall be the landlord's responsibility to effect
timely repairs or replacement of smoke alarms when notified by the tenant.
(4)
The landlord shall serve written notice upon the tenant
of the landlord's responsibility concerning smoke alarms. For the purposes
of this section, written notice may consist of a notice conspicuously posted
within the dwelling unit.
B.
Kitchen sink. Every dwelling unit shall contain a kitchen
sink in good working condition and properly connected to a water and sanitary
sewer system approved by the Inspection Department.
C.
Bathroom. Every dwelling unit shall contain a room within
its walls, separate from the habitable rooms, which affords privacy to a person
within said room and which is equipped with a flush water closet, a lavatory
basin and a bathtub or shower and the necessary fixtures and accessories therefor
in good working condition and properly connected to hot and cold waterlines
and a sanitary sewer system approved by the Inspection Department.
D.
Connection of facilities. Every tub or shower required
under this chapter and every kitchen sink, lavatory basin and bath shall be
properly connected with waterlines and sewer lines.
E.
Garbage disposal facilities. Every dwelling unit shall have adequate garbage disposal facilities or garbage storage containers. (Refer to Chapter 214, Solid Waste.)
F.
Egress.
(1)
Every dwelling unit shall have two safe, unobstructed
means of egress, as required by the laws of the State of Wisconsin and ordinances
of the city.
(2)
Every building which is remodeled into a duplex, after
the effective date of this chapter, shall provide at least two approved exits
from every occupied floor level.
No person shall occupy as owner-occupant or lease, rent or otherwise
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.
Bathrooms and water closets. Every bathroom and water
closet compartment shall comply with the light and ventilation requirements
for habitable rooms, except that no window or skylight shall be required in
bathrooms and water closet compartments equipped with a mechanical ventilation
system per Federal Housing Administration regulations approved by the Health
Officer or Inspection Department.[1]
B.
Heating facilities. Every dwelling shall contain heating
facilities which are properly installed in accordance with standards adopted
herein and are maintained in safe and good working condition and are capable
of safely and adequately heating all habitable rooms, bathrooms and water
closet compartments in every dwelling located therein to a temperature of
at least 65° F., at a distance of 30 inches above floor level, under ordinary
minimum winter conditions.
C.
Proper venting required. All gas-fired heating units
and appliances shall be vented into a chimney or gas vent in accordance with
adopted standards. No gas appliance shall be vented into an unlined masonry
chimney.
D.
Lighting. Every hallway and stairway in every multiple
or rental dwelling shall be adequately lighted in conformity with the current
issue of the National Electrical Code and Federal Housing Administration regulations.
E.
Basement windows. Every basement or cellar window used
or intended to be used for ventilation, and every other opening to a basement
which might provide an entry for rodents, shall be supplied with a screen
or such other device as will effectively prevent their entrance.
No person shall occupy as owner-occupant or lease, rent or otherwise
let to another for occupancy any dwelling or dwelling unit for the purpose
of living therein which does not comply with the following:
A.
Foundations, floors, ceilings and roofs. Every foundation,
floor, wall, ceiling and roof shall be reasonably weathertight and rodentproof,
shall be capable of affording privacy and shall be kept in good repair. Every
roof shall be kept in good repair and watertight.
B.
Skylights, exterior doors, basement hatchways and windows.
Every window, skylight, exterior door and basement hatchway shall be reasonably
weathertight, watertight and rodentproof and shall be kept in sound working
condition and good repair.
C.
Security of ground floor windows and doors. All ground
floor windows and doors shall have an approved locking device installed which
provides a means of securing the door or window.
D.
Stairs, porches and appurtenances. Every inside and outside
stair, every porch and every appurtenance thereto shall be so constructed
as to be safe to use and capable of supporting any load that normal use may
cause to be placed thereon and shall be kept in sound condition and good repair.
E.
Plumbing fixtures and water waste pipes. Every plumbing
fixture and water waste pipe shall be properly installed and maintained in
good sanitary working condition, free from defects, leaks and obstructions.
F.
Bathroom and floor surfaces. Every water closet compartment
floor surface and bathroom floor surface shall be constructed and maintained
so as to be reasonably impervious to water and so as to permit such floor
to be easily kept in a clean and sanitary condition.
G.
Safe installation required. Every supplied facility,
piece of equipment or utility which is required under this section shall be
so constructed or installed that it will function safely and effectively and
shall be maintained in satisfactory working condition.
H.
Rented premises to be fit for human occupancy. No owner
shall occupy or let to any other occupant any vacant dwelling unit unless
it is clean, sanitary and fit for human occupancy.
No person shall occupy or lease, rent or otherwise let to another for
occupancy any dwelling unit for the purpose of living therein which does not
comply with the following requirements:
A.
Gross floor area. Every dwelling unit shall contain a
minimum gross floor area of not less than 150 square feet for the first occupant
and 100 square feet for each additional occupant. The floor area shall be
calculated on the basis of the total area of all habitable rooms.
B.
Sleeping rooms. In every dwelling unit of two or more
rooms, every room occupied for sleeping purposes by one occupant shall be
able to accommodate at least a single bed and dresser, and every room occupied
for sleeping purposes by more than one occupant shall contain sufficient room
for a double bed or bunk bed or suitable sleeping area to accommodate the
number of persons per area.
C.
Basement dwelling. No basement or cellar space shall
be used as a dwelling unit unless it complies with the minimum requirements
of this chapter.
A.
Water-heating facilities. Every dwelling unit shall be
supplied with water-heating facilities which are installed in an approved
manner, properly maintained and capable of heating water to such a temperature
as to permit an adequate amount of water to be drawn at every required kitchen
sink, lavatory basin, bathtub, shower and laundry facility or other similar
units at a temperature of not less than 120° F. at any time needed.
B.
Electrical outlets. Every habitable room of a dwelling
unit shall contain at least two separate and remote outlets, one of which
may be a ceiling- or wall-type electric light fixture. Every bathroom, laundry
room or furnace room shall contain at least one electric light fixture. In
addition, every bathroom and laundry room shall be provided with at least
one electric outlet.
C.
Screen requirements. Every window or other device with
openings to outdoor space used or intended to be used for ventilation shall
be supplied with screens.
A.
Exterior property. All exterior property areas shall
be maintained in a condition free from debris, rubbish, garbage, physical
hazards, rodent harborage and infestation.
B.
Noxious weeds. All exterior property areas shall be kept
free from noxious weeds.
C.
Protection from elements; appearance. All exterior surfaces
of buildings made of materials not inherently resistant to deterioration shall
be periodically coated with paint or another suitable preservative which provides
adequate resistance to weathering and maintains a neat and attractive appearance.
D.
Remove snow and ice. All outdoor walkways and parking
areas serving multiple dwellings shall be kept free from snow, ice or other
hazardous weather conditions.
E.
Commons areas. All shared or public areas of a building
containing multiple dwellings shall be maintained in a safe and sanitary condition.
F.
Garbage containers. In buildings containing more than
four dwellings units, garbage disposal facilities or garbage storage containers
shall be provided and periodically emptied.
G.
Infestations. Where rodent or insect infestation exists
in two or more dwelling units in a building or in the shared or public parts
of any dwelling containing two or more dwelling units or in one dwelling unit
where caused by the owner's failure to maintain the dwelling in a rodentproof
or reasonable insectproof condition, the owner shall be responsible for their
extermination.
A.
Public areas. Every owner of a structure containing more
than three dwelling units shall be responsible for maintaining in a clean,
safe and sanitary condition the shared or public area of the dwelling and
premises thereof.
B.
Duty to keep in clean, safe and sanitary condition. Every
occupant of a dwelling or dwelling unit shall keep in a clean, safe and sanitary
condition that part of the dwelling, dwelling unit and premises thereof which
he or she occupies and controls.
D.
Garbage disposal. Every occupant 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 storage containers required by § 214-5 of this Code. In all other cases, it shall be the responsibility of the occupant to furnish such facilities or containers. (See also Chapter 214, Solid Waste.)
E.
Hanging screens. Every occupant of a dwelling or dwelling
unit shall be responsible for hanging all screens whenever the same are required
under this section or any rule or regulation adopted pursuant thereto, except
where the owner has agreed to supply such service.
F.
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 in a dwelling containing more than one dwelling
unit shall be responsible for such extermination whenever his dwelling unit
is the only one infested. Notwithstanding such provisions, whenever infestation
is caused by failure of the owner to maintain a dwelling in a rodentproof
or reasonably insectproof condition, extermination shall be the responsibility
of the owner.
G.
Plumbing fixtures. Every occupant of a dwelling unit
shall keep all 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.
A.
Requirements to condemn. The designation of dwellings
or dwelling units as unfit for human habitation and the procedure for the
condemnation and placarding of such unfit dwellings or dwelling units shall
be carried out in compliance with the following requirements. Any dwelling
or dwelling unit which shall be found to have any of the following defects
shall be condemned as unfit for human habitation and shall be so designated
and placarded by the Inspection Department:
(1)
One which is so damaged, decayed, dilapidated, unsanitary,
unsafe or vermin-infested that it creates a serious hazard to the health or
safety of the occupants or of the public.
(2)
One which lacks electrical illumination, ventilation
or sanitary facilities adequate to protect the health or safety of the occupants
or of the public.
(3)
One which because of its general condition or location
is unsanitary or otherwise dangerous to the health or safety of occupants
or of the public.
B.
Vacating premises. Any dwelling or dwelling unit condemned
as unfit for human habitation and so designated and placarded by the Inspection
Department shall be vacated within 60 days as ordered by the Health Officer
or Inspection Department.
C.
Reoccupation of premises. No dwelling or dwelling unit
which has been condemned and placarded as unfit for human habitation shall
again be used for human habitation until written approval is secured from,
and such placard is removed by, the Inspection Department. The Inspection
Department shall remove such placard whenever the defect or defects upon which
the condemnation and placarding action were based have been eliminated.
D.
Defacing or removing placards. No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as provided in Subsection C.
[Amended 2-27-1996 by Ord. No. 813]
B.
Continued violations. When the Inspection Department
determines that the same violations are being repeated or continuing without
regard to orders, it shall refer the landlord to the Common Council for revocation
of the rental license.
C.
License revocation. Should the Common Council revoke
a rental license, the dwelling units in question must be vacated in 30 days.
A new license must be approved by the Council prior to reoccupancy.
D.
Termination of utilities. Any rental unit occupied in
defiance of a Council order to vacate shall have the electric and water utilities
terminated until such time as the building is brought into compliance and
the order lifted by the Common Council.
E.
Service of citations. When the decision has been made
to issue a citation for noncompliance with the provisions of this chapter,
the Inspection Department shall send the citation to the property owner by
certified mail to the assessment roll address. Should the property owner fail
to appear in court at the appointed date and time, a police officer shall
serve a copy of such citation in person upon the property owner.
[Amended 4-27-1993 by Ord. No. 756]
The following standards are hereby adopted and made a part of this Code
as if set forth completely herein:
