[HISTORY: Adopted by the Village Board of the Village of Shorewood as §§ 9-701 to 9-714 and Ch. 9, Art. 8 of the 1986 Code. Amendments noted where applicable.]
The following definitions shall apply in the interpretation and enforcement of all sections of this chapter:
- Approved by or in accordance with regulations under the Village Code, enforced and interpreted by the Building Inspector or others as indicated elsewhere in this chapter.
- A story the floor line of which is below grade at any exit and the ceiling of which is not more than five feet above grade at any entrance or exit.
- A bathtub.
- A room containing a bathtub, toilet and lavatory basin.
- A habitable room within the dwelling unit which is used or intended to be used primarily for the purpose of sleeping, with a door to ensure privacy, but shall not include any kitchen or dining room.
- BUILDING INSPECTOR
- The legally designated authority of the Village of Shorewood or his authorized representative charged with the responsibility of enforcing the provisions of Chapter 225, Building Construction, and Chapter 535, Zoning, of the Village Code and the applicable laws of the State of Wisconsin.
- Deemed as identical to "basement."
- Used or shared by or intended to be used or shared by occupants of two or more dwelling units.
- DINING ROOM
- A habitable room used or intended to be used for the purpose of eating, but not for cooking or the preparation of meals.
- A structure with two dwelling units.
- Any building or structure, except temporary housing, which is wholly or partly used or intended to be used for living or sleeping by human occupants, and includes any appurtenances attached thereto.
- DWELLING UNIT
- A suite of habitable rooms occupied by or intended to be occupied by not more than one family as a residence.
- 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; by poisoning, spraying, fumigating, or trapping; or any other approved pest extermination methods.
- As defined in Chapter 535, Zoning, § 535-6; however, the provisions of this chapter that are not inconsistent with that definition shall apply to the maximum number of persons that may reside in a dwelling unit.[Amended 2-25-2008 by Ord. No. 1935]
- A barrier enclosing or bordering a field, yard, etc., usually
made of posts and wood, used to prevent entrance, to confine, or to
mark a boundary.[Added 4-15-2013 by Ord. No. 2020]
- FLOOR AREA
- The net area of any floor space enclosed by exterior walls, fire walls or absolute fire separation, exclusive of open spaces.
- Animal and vegetable waste resulting from the handling, preparation, cooking or consumption of food, including spoiled food and all other combustible material.
- HABITABLE LIVING AREA
- The sum of the areas of all habitable rooms within a dwelling unit.
- HABITABLE ROOM
- A room or enclosed floor area used for living, sleeping, cooking or eating purposes, excluding bathrooms, toilet rooms, laundries, pantries, foyers, communicating corridors, closets, storage space, stairways and utility rooms for mechanical equipment for service in the building or other similar spaces not used by persons frequently or during extended periods. Such habitable rooms shall contain not less than 70 square feet of floor area. In computing floor areas, only that area having a ceiling height as prescribed by the Wisconsin Uniform Building Code shall be considered habitable.
- HOTEL, MOTEL or MOTOR HOTEL
- A series of attached, semiattached or detached rooming units which may be located in a single building or structure, with separate entrances, operated as a single business, containing individual sleeping units with bathrooms and closet space, designed for or used by automobile tourists and transients, and shall include tourist courts, auto courts, motor inns and motor lodges, with convenient access to a parking space for the use of the units' occupants and direct and convenient access to a traveled road, and maintained and rented to the public as accommodations for auto tourists and transients by the day, week or month.
- The presence of any insects, rodents or other pests within a dwelling or in the dwelling premises.
- A habitable room within a dwelling unit used for cooking or the preparation of meals.
- KITCHEN SINK
- A sink of a size and design adequate for the purpose of washing eating and drinking utensils in the kitchen, properly connected with a cold-water line and a hot-water line.
- LAVATORY BASIN
- A hand-washing basin which is properly connected with both hot- and cold-water lines and which is separated and distinct from a kitchen sink.
- LIVING ROOM
- A habitable room within a dwelling unit which is used or intended to be used primarily for general living.
- MULTIPLE DWELLING
- Any building or structure containing three or more dwelling units, or a building or structure containing one or more dwelling units in combination with a nonresidential use.
- NONDWELLING STRUCTURE
- Any structure except a dwelling.
- NURSING HOME
- Any place which is devoted primarily to the maintenance and operation of facilities for the care of the elderly, chronically ill, infirm individuals or incurable persons, or a place of rest for those persons suffering bodily disorders, in which three or more persons, not members of the family residing on the premises, are received and provided with food, shelter and care, but such facilities shall not include hospitals, clinics, diagnostic treatment centers or other like uses.
- Any person over six months of age, including an owner, tenant or operator, living, sleeping or cooking in, or having actual possession of, a dwelling, dwelling unit, hotel, motel, hotel unit, motel unit or rooming unit.
- Any person who has charge, care, custody or control of any building in which dwelling units are offered for rent or occupancy, or any premises or part thereof which is offered for rent.
- Any person who alone or jointly or severally with others:
- (1) Shall have legal or equitable title to any premises upon which no structures have been erected or upon which nondwelling structures are present, or has legal or equitable title to any dwelling, dwelling unit, hotel, motel, hotel unit, motel unit or rooming unit; or
- (2) Shall have charge, care or control of premises upon which no structures have been erected, or upon which nondwelling structures are present, or has charge, care or control of any dwelling, dwelling unit or hotel, motel, hotel unit, motel unit or rooming unit, as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner.
- Includes any individual, firm, corporation, association or partnership.
- Includes all gas pipes, waste pipes, water pipes, water closets, sinks, lavatories, bathtubs, catch basins, drains, vents and any other provided fixtures together with the connections to the water, sewer or gas lines.
- Any platted lot or part thereof, or unplatted lot or parcel of land or plot of land, either occupied or unoccupied by any dwelling or nondwelling structure.
- An occupant, transient or permanent, of a rooming unit or dwelling unit, who is not a member of the family occupying the dwelling unit.
- ROOMING HOUSE
- Any dwelling or that part of any dwelling containing one or more rooms in which space is let by the owner or operator to more than two roomers.
- As specifically regulated by this chapter, anything which
is constructed or erected and which is fastened, anchored or rests
on a permanent foundation or on the ground for any occupancy or use
whatsoever.[Added 4-15-2013 by Ord. No. 2020]
- Paid for, furnished, provided by or under the control of the owner or operator.
- TEMPORARY HOUSING
- Any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure or to any utility system on the same premises.
- A water closet with a bowl and trap, which is of such shape and form and which holds a sufficient quantity of water so that no waste will collect on the surface of the bowl, and which is equipped with flushing rims which permit the bowl to be properly flushed and scoured when water is discharged through flushing rims.
- TOILET ROOM
- Any room containing an approved toilet and lavatory basin.
Whenever the word "Board" is used in this chapter it shall mean "Village Board."
Whenever the word "dwelling," "dwelling unit," "rooming house," "rooming unit," "nursing home," "nursing unit," "hotel," "hotel unit," "motel," "motel unit," "motor hotel" or "motor hotel unit" or "premises" is used in this chapter, it shall be construed as though it were followed by the words "or any part thereof."
Inspections. The Building Inspector, the Village Health Officer, the Chief of Police, and the Fire Chief, or their duly authorized agents, are hereby authorized to make such inspections and to take such action as may be required to enforce the provisions of this chapter in order to safeguard the health and welfare of the occupants of all buildings and of the general public.
Right of entry.
Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this chapter or any applicable law, or whenever the Building Inspector or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition which makes such building or premises hazardous, unsafe or dangerous for any reason specified in this chapter or other similar law, the Building Inspector or his authorized representative hereby is authorized to enter such property at any reasonable time and to inspect the same and perform any duty imposed upon the Building Inspector by this chapter or other applicable law, provided that:
If such property is occupied, he shall first present proper credentials to the occupant and request entry, explaining his reasons therefor; and
If such property is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the property and request entry, explaining his reasons therefor. If such entry is refused or cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence, the Building Inspector or his authorized representative shall have recourse to every remedy provided by law to secure lawful entry and inspect the property.
Notwithstanding the foregoing, if the Building Inspector or his authorized representative has reasonable cause to believe that the building or premises is so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the public health or safety, he shall have the right to immediately enter and inspect such property and may use any reasonable means required to effect such entry and make such inspection, whether such property is occupied or unoccupied, and whether or not permission to inspect has been obtained. If the property is occupied, he shall first present proper credentials to the occupant and demand entry, explaining his reasons therefor and the purpose of his inspection.
"Authorized representative" shall include the officers named in Subsection A of this section and their authorized inspection personnel.
No person shall fail or refuse, after proper demand has been made upon him as provided in this section, to promptly permit the Building Inspector or his authorized representative to make any inspection provided for by Subsection B(2) of this section. Any person violating any of the provisions of this subsection shall be subject to penalty as hereinafter provided.
A program of regular and continuous inspection of existing public, commercial and residential buildings and structures within this Village hereby is found and determined to be necessary to provide and maintain the minimum standards of public health and safety required to be provided for by law.
Such a program of inspection hereby is authorized and approved, and the Fire Department, Health Department, and Planning and Development Department hereby are authorized and directed to make such inspections of such property as they determine are required to make such program effective.
In the implementation of such a program of inspection, the duly authorized inspection personnel of such Departments hereby are authorized and directed to use all means provided by law to effect entry into or upon such property to make such inspections.
No person shall occupy as owner-occupant or let to or offer to let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, cooking and/or eating of meals therein which does not comply with the following requirements:
Every dwelling unit shall contain an approved kitchen sink.
Every dwelling unit shall contain a bathroom.
Every toilet and every bath shall be contained within a room or within separate rooms which afford privacy to a person within said room or rooms.
Every dwelling unit shall have water heating facilities which are properly installed and maintained in reasonably good working condition and are properly connected with hot-water lines to the kitchen sink, lavatory and bathtub and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn for every bath at a temperature of not less than 100° F, supplied by the owner or operator. Such water heating facilities shall be capable of meeting the requirements of this subsection when the heating facilities of the dwelling and/or dwelling unit required under the provisions of § 326-5H are not in operation.
Every kitchen sink, toilet, lavatory, basin and bath shall be in good working condition and properly connected to an approved water and sewer system.
Access to all areas of a dwelling unit included in the computation of habitable area of the dwelling unit shall be available from all other habitable areas of the dwelling unit without passing through any portion of any other dwelling unit or communicating corridor common to more than one dwelling unit. Access to all the habitable area of a dwelling unit included in the computation of the habitable area of the dwelling unit on a floor or level other than that of the main living area shall be via an interior stairway with fixed risers. No stairway may be located in a closet.
Every stairway, entrance and exit of every dwelling and dwelling unit shall comply with the following requirements:
The provisions of the building regulations and supplemental building regulations of the Village Code relating to access and egress from all entrances and/or exits, inside stairways and required handrails shall be applicable to this chapter and incorporated by reference herein as the same may pertain to all dwellings and dwelling units in the Village of Shorewood.
No person shall occupy as owner-occupant nor shall let to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not comply with the following requirements:
Every habitable room, bathroom and toilet room shall have a window or windows with a total glass area equal to at least 10% of its floor area unless in the opinion of the Building Inspector the structure of the building precludes the use of windows, in which case other means of lighting and ventilation approved by the Building Inspector may be used. Such windows shall open onto a street, alley, yard or court or open to the sky; such windows shall be so constructed that a least 1/2 may be fully opened. Approved mechanical ventilation may be substituted.
Every public hall and public stairway of every dwelling containing four or more dwelling units shall be adequately lighted by means of properly located electric light fixtures at all times, provided that such electrical lighting may be omitted from sunrise to sunset where there are windows or skylights opening directly to the outside and where the total window or skylight area is at least 1/10 of the combined horizontal area of said hall and stairway, and if said skylights provide adequate natural light to all parts of each such public pathway. Every public hall and stairway in dwellings containing two or three dwelling units shall be supplied with convenient light switches controlling adequate lighting systems which may be turned on when needed, instead of full-time lighting.
At least one window in each habitable room shall be supplied with a screen covering at least 33% of the window area, provided that such screens shall not be required in rooms deemed by the Health Officer to be located sufficiently high in the upper stories of dwellings as to be free of mosquitoes, flies and other flying insects. Such screens shall have a wire mesh not less than No. 16 or, in lieu thereof, approved mechanical ventilation.
All windows in each habitable room of every rental dwelling unit shall be double glazed. To meet this requirement, a single glazed window and a glazed storm window, or in the alternative a thermopane window, may be provided. Excepted from these provisions shall be metal casement, hopper, and awning-type windows. Where exterior storm windows are installed over openable windows required for natural ventilation, a portion of the storm window shall be openable from the inside.
All exterior doors and patio doors of every rental dwelling shall be insulated, double glazed, or equipped with a storm door or shall be provided with an airlock vestibule. All storm doors shall be equipped with a self-closing device.
Every dwelling having two or more basement or cellar windows shall have at least two window screens which cover the entire window. Where there is only one basement window, it shall be similarly screened. Such screen shall have a wire mesh of not less than No. 16.
Every room and area within every dwelling and/or dwelling unit shall contain the number of wall-type electric receptacle outlets and the amount of branch circuit required to feed the same as established by the State Electrical Code; also, every toilet room, bathroom, furnace room, laundry room and public hall shall contain at least one supplied ceiling-type or wall-type electric light fixture; every outlet and fixture shall be installed and maintained in good working condition.
Every owner, agent, manager or lessee of any building whatsoever who leases, rents or lets such building or portion thereof as living quarters or as a business establishment where one or more persons are employed, on terms either expressed or implied to furnish heat to the occupants thereof, shall and is hereby directed to maintain a minimum temperature of at least 68° F unless otherwise provided by contract; however, the provisions of this subsection shall not apply to buildings or portions thereof used and occupied for trades, businesses or occupations where high or low temperatures are essential. The heating facilities supplied shall be installed and maintained at all times by the owner of the premises in good working condition.
[Amended 2-15-1988 by Ord. No. 1520; 2-25-2008 by Ord. No. 1935; 4-15-2013 by Ord. No. 2020. Ord. No. 2020 also provided for the renaming of Ch. 326, Housing Standards, as Ch. 326, Housing and Property Standards.]
No person shall occupy as owner-occupant or let to or offer to let to another for occupancy any structure, dwelling unit or portion thereof which does not comply with the following requirements:
Every foundation, exterior wall and roof shall be reasonably weathertight, waterproof, insectproof and rodentproof and shall be kept in a good state of maintenance and repair.
Every interior partition wall, floor and ceiling shall be capable of affording privacy, kept in a reasonably good state of repair and maintained so as to permit them to be kept in a clean and sanitary condition.
All rainwater shall be so drained and conveyed from every roof so as not to cause dampness in the walls, ceilings or floors of any building or structure or part thereof.
Every window, exterior door and basement hatchway shall be reasonably weathertight, insectproof and rodentproof and shall be kept in reasonably good working condition and in a reasonably good state of maintenance and repair.
All exterior surfaces which are subject to rot, decay, or deterioration or which may become unsightly as a result of exposure to the elements, except roofs and the glass portion of windows, shall be protected from the elements and against decay and deterioration by an approved protective covering applied in a workmanlike manner and shall be maintained by the owner in a reasonably good state of repair so that the condition and appearance of the structure will not adversely affect the character and appearance of said property or surrounding property. An approved protective covering shall mean brick, stone, painted or stained wood, vinyl, aluminum, stucco or comparable material commonly used in the building industry for like purposes which shall be approved by the Building Inspector.
Every inside and outside stairway, every porch and every appurtenance thereto shall be so constructed as to be reasonably safe to use and capable of supporting such a load as normal use may cause to be placed thereon and shall be maintained in a good state of repair.
Every supplied plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition.
Every chimney and every supplied smoke pipe shall be adequately supported, reasonably clean and maintained in a reasonably good state of repair.
Every toilet room floor surface and bathroom floor surface shall be maintained so as to be reasonably impervious to water and so as to permit such floors to be kept in a clean and sanitary condition.
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 reasonably good working condition.
No owner or operator shall cause any service, facility, equipment or utility which is required to be supplied under the provisions of this chapter to be removed, shut off or disconnected from any occupied dwelling or dwelling unit let or occupied by him except for such temporary interruptions as may be necessary while actual repairs, replacement or alterations are in process of being made.
Every owner of a building or structure shall be responsible for the extermination of insects, rodents or pests on the premises, including adjacent premises under control of the owner.
Every owner of a building or structure shall be responsible for maintaining the same in a clean and sanitary condition and in a good state of repair.
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 reasonably clean and sanitary 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:
No dwelling unit shall be occupied by more than one family as defined in this chapter.
Floor areas, ceiling heights and room areas shall be as provided for under Chapter 225, Building Construction, of the Village Code.
No dwelling or dwelling unit containing two or more bedrooms shall have such room arrangement that access to a bathroom or toilet room intended for use by the occupants of more than one bedroom can be had only by going through another bedroom, nor shall such room arrangements exist so that access to a bedroom can be had only by going through another bedroom or bathroom or toilet room.
No space in a basement may be used for sleeping purposes or as a dwelling unit.
Every occupant of every dwelling unit shall have unrestricted access to a toilet and to a kitchen sink or lavatory basin located with that dwelling unit.
Every occupant 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.
Every occupant of a dwelling or dwelling unit shall dispose of all of his rubbish, garbage and other organic waste material in a clean and sanitary manner, by placing it in rubbish containers and garbage disposal containers or facilities, as required by this chapter.
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 in the dwelling unit occupied by him whenever his dwelling unit is the only one infested. Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in reasonably ratproof or reasonably insectproof condition, extermination shall be the responsibility of the owner.
Every occupant of a dwelling unit shall keep all supplied plumbing fixtures in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof.
Every plumbing fixture furnished by the occupant shall be properly installed and shall be properly maintained in a reasonably good working condition and clean and sanitary state, free from leaks and obstructions.
Every occupant of a dwelling unit shall be responsible for the exercise of reasonable care, proper use and proper operation of supplied heating facilities.
[Added 4-15-2013 by Ord. No. 2020]
Every fence shall be kept in a good state of maintenance and repair by the owner thereof or shall be removed.
Every premises shall be graded and maintained by the owner thereof so that no stagnant water shall accumulate or stand on the premises or within any building or structure located on the premises.
All open areas and premises shall be landscaped by the owner thereof with grass, trees, shrubs or other planted ground cover unless surfaced with concrete or asphalt; the owner or occupants of said premises shall keep said premises in a clean and sanitary condition, free of dust, unsightly weeds or growth, as well as free of and uncluttered by building materials, tools and equipment, miscellaneous paraphernalia, rubbish, debris and waste. All concrete or asphalt surfaces shall be maintained by the owner of said premises in a good state of repair.
Editor's Note: This ordinance also repealed former § 326-9, Maintenance of nondwelling structures, fences and premises, as amended.
Service of notices.
Whenever the Building Inspector determines that there has been a violation or that there are reasonable grounds to believe that there has been a violation of any provision 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. Such notice shall:
Be put in writing;
Include a description of the real estate sufficient for identification;
Include a statement of the reason or reasons why it is being issued;
Allow a reasonable time for the performance of any act it requires; and
Be served upon the owner, or the operator, or the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such owner, or upon such operator, or upon such occupant, if a copy thereof is delivered to him personally or, if not found, by leaving a copy thereof at his usual place of abode, in the presence of someone of the family of suitable age and discretion who shall be informed of the contents thereof, or by sending a copy thereof by registered mail or by certified mail, with return receipt requested, to his last known address, or if the registered or certified letter with the copy is returned with a receipt showing it has not been delivered to him, by posting a copy thereof in a conspicuous place in or about the dwelling affected by the notice.
Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with the rules and regulations adopted pursuant thereto.
Petition for hearing; opportunity to be heard; order if no petition.
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Board, provided that such person shall file in the office of the Village Manager a written petition to the Board requesting such hearing and setting forth a statement of the grounds therefor within 20 days after the day the notice was served. Within 10 days of receipt of such petition, the Board shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show cause why such notice should be modified or withdrawn.
The hearing before the Board shall be commenced not later than 30 days after the date on which the petition was filed, provided that, upon written application of the petitioner to the Board, the Board may postpone the date of the hearing for a reasonable time beyond such thirty-day period if in its judgment the petitioner has submitted a good and sufficient reason for such postponement. Any notice served pursuant to Subsection A of this section shall automatically become an order if a written petition for a hearing is not filed with the Board within 20 days after such notice is served. Any license which has been suspended by a notice shall be deemed to be automatically revoked if a petition for hearing is not filed with the Board within 20 days after such notice is served. The Board shall have the power to administer oaths and affirmations in connection with the conducting of any hearing held in accordance with the provisions of this chapter.
Board to sustain, modify or withdraw notices. After such hearing the Board shall sustain, modify or withdraw the notice, depending upon its finding as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with. The Board may also modify any notice so as to authorize a variance from the provisions of this chapter when, because of special conditions, a literal enforcement of the provisions of this chapter will result in practical difficulty or unnecessary hardship, provided that the spirit of this chapter will be observed, safety and welfare secured, and substantial justice done. If the Board sustains or modifies such notice, it shall be deemed to be an order, and the owner, operator or occupant, as the case may require, shall comply with all provisions of such order within a reasonable period of time, as determined by said Board. After a hearing in the case of any notice suspending any permit required by this chapter, when such notice has been sustained by the Board, the permit shall be deemed to have been revoked.
Appeal to Circuit Court of Milwaukee County.
The proceedings at such hearing, including the findings and decision of the Board, shall be reduced to writing and entered as a matter of public record in the office of the Village Manager for the Board. Such record shall also include a copy of every notice or order issued in connection with the matter. A copy of the written decision of the Board shall then be served, in the manner prescribed, on the person who filed the petition for hearing. Any person or persons jointly or severally aggrieved by the decision of the Board, or any taxpayer, or any officer, department, board or committee of the municipality, may seek relief therefrom by appealing directly to the Circuit Court of Milwaukee County by filing a petition for review with the Clerk of the Circuit Court within 30 days after the copy of the order of the Board has been served upon such person. The petition shall state the substance of the order appealed from and the grounds upon which such person believes the order to be improper. A copy of such petition shall be served upon the Board, whose determination is being appealed. Such copy shall be served personally or by registered or certified mail within the thirty-day period herein provided.
A reply or answer shall be filed by the Board within 15 days from the receipt of such petition. A copy of the written proceedings of the hearing held by the Board which led to service of the order being appealed shall be included with the reply or answer when filed. If it appears to the Court that the petition is filed for purposes of delay, it shall, upon application of the municipality, promptly dismiss such petition. Either party to the proceedings may then petition the Court for an immediate hearing on the order. The Court shall review the order and the copy of the written proceedings of the hearing conducted by the Board and shall take such testimony as in its judgment may be appropriate, and following a hearing upon such order without a jury, the Court shall make its determination. If the Court affirms the determination made by the Board, it shall fix a time within which the order appealed from shall become operative. Either party may appeal from the determination made by the Circuit Court to the Supreme Court within 60 days following the determination of the Circuit Court, but not thereafter. If the Supreme Court affirms the order appealed from, the Supreme Court shall set the time within which such order shall become effective.
Issuance of subpoenas. Upon application of either the officer executing the notice on behalf of the Board or the person or persons against whom the notice has been issued, the Board shall issue subpoenas in accordance with the statutes of the State of Wisconsin ordering witnesses to appear and testify under oath at the hearing held before the Board.
Issuance of order when emergency exists. Whenever the Health Officer or the Building Inspector acting in his behalf in the enforcement of this chapter finds that an emergency exists which requires immediate action to protect the public health, he may, without notice of hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet such emergency. Notwithstanding other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith but upon petition to the Board shall be afforded a hearing as prescribed in this chapter. After such hearing, depending upon the findings of the Board as to whether the provisions of this chapter and the rules and regulations adopted pursuant thereto have been complied with, such Board shall continue such order or modify it or revoke it. Notwithstanding other provisions of this chapter, every notice served by the Building Inspector relating to violations of § 326-8 and applicable provisions of Chapters 313, 319, 362, 389 and 455 of the Village Code shall be regarded as an order and the provisions of Subsection B of this section shall not be applicable in such cases. For the purposes of this section, it is the intention of the Village Board that the Building Inspector be the authorized representative of the Health Officer.
The designation of dwellings or dwelling units as unfit for human habitation and the procedure for condemnation and placarding of such unfit dwellings or dwelling units shall be carried out in compliance with the following requirements:
Condemnation of dwellings and dwelling units as unfit for human habitation.
Any dwelling or dwelling unit which the Building Inspector shall find to have any of the following defects shall be condemned as unfit for human habitation:
One which is so damaged, decayed, dilapidated, unsanitary, difficult to heat, unsafe or vermin infested that it creates a hazard to the safety or welfare of the occupants or of the public;
One which lacks illumination, ventilation, or sanitary facilities adequate to protect the safety or welfare of the occupants or of the public; or
One which, because of its general condition or location, is unsanitary or otherwise dangerous to the safety or welfare of the occupants or of the public.
Any dwelling or dwelling unit may be condemned as unfit for human habitation by the Building Inspector if the owner or occupant failed to comply with any order based on the provisions of this chapter or any rules or regulations adopted pursuant thereto, provided that such dwelling or dwelling unit is, in the opinion of the Building Inspector, unfit for human habitation by reason of such failure to comply.
Notice to owner of condemnation and intent to placard. Whenever the Building Inspector has condemned a dwelling or dwelling unit as unfit for human habitation, he shall give notice to the owner of such condemnation and of his intent to placard the dwelling or dwelling unit as unfit for human habitation. Such notice shall:
Be put in writing;
Include a description of the real estate sufficient for identification;
Include a statement of the reason or reasons why it is being issued;
Include a description of the repairs and improvements required to bring the condemned dwelling or dwelling unit into compliance with the provisions of this chapter and any rules or regulations adopted pursuant thereto;
Be served upon the owner, provided that such notice shall be deemed to be properly served upon such owner if a copy thereof is delivered to him personally or, if not found, by leaving a copy thereof at his usual place of abode, in the presence of someone of the family of suitable age and discretion who shall be informed of the contents thereof, or by sending a copy thereof by certified mail, with return receipt requested, to his last known address, or if the certified letter with the copy is returned with a receipt showing that it has not been delivered to him, by posting a copy thereof in a conspicuous place in or about the dwelling affected by the notice.
Appeal of notice relating to condemnation. Any owner affected by any notice relating to the condemnation of a dwelling or dwelling unit as unfit for human habitation may request and shall be granted a hearing on the matter before the Board, under the procedure set forth in § 326-10.
Placarding of condemned dwellings and dwelling units as unfit for human habitation. After the condemnation notice which is required under the provisions of Subsection B of this section has resulted in an order, in accordance with the provisions of § 326-10, the Building Inspector shall placard the affected dwelling or dwelling unit as unfit for human habitation. The Building Inspector shall post, in a conspicuous place or places upon the affected dwelling or dwelling unit, a placard or placards bearing the following words: "Condemned as Unfit for Human Habitation."
Vacation of condemned and placarded dwellings and dwelling units. Any dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation by the Building Inspector shall be vacated within a reasonable time as required by said Inspector. No owner or operator shall let to any person for human habitation and no person shall occupy any dwelling or dwelling unit which has been condemned and placarded by the Building Inspector after the date on which said Inspector has required the affected dwelling or dwelling unit to be vacated.
Placard not to be removed until defects are eliminated. 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 Building Inspector. The Building Inspector shall remove such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated.
Nothing in this chapter shall be construed or interpreted to in any way impair or limit the authority of the Village of Shorewood to define and declare nuisances or of the Village Health Officer or his authorized representative to cause the removal or abatement of a nuisance by summary proceedings or other appropriate proceedings.
Where applicable, the provisions of this chapter govern the maintenance of all buildings and structures in the Village as defined in Chapter 535, Zoning, of the Village Code and all premises as defined in this chapter.
[Amended 10-24-2005 by Ord. No. 1894; 2-25-2008 by Ord. No. 1935]
In addition to all other powers granted to the Planning and Zoning Administrator, Building Inspector or their designee to enforce the provisions of this chapter, the Planning and Zoning Administrator, Building Inspector or their designee is authorized pursuant to § 800.02, Wis. Stats., to issue municipal citations for violations of any of the provisions of this chapter.
Subject to other provisions of this chapter, any person aggrieved by an administrative ruling, judgment or decision may appeal for a hearing before the Board of Appeals within 10 days after the issuance of such ruling, judgment or decision. A nonrefundable appeal fee as provided by the Village Fee Schedule shall accompany each and every appeal brought hereunder. The Village Clerk shall give notice of a hearing to the appellant, to be held within 30 days after service of the notice on the appellant, said service to be served either personally or by certified mail addressed to the appellant's last known address. All other interested parties may be given written notice of said hearing by regular mail. Upon conclusion of the hearing held by the Board of Appeals, the Board shall make a ruling. The written decision of the Board shall be mailed to the appellant by the Village Clerk within 10 days of said decision. Any determination by the Board of Appeals may be appealed to the Circuit Court of Milwaukee County as provided by law.
Any person, firm, partnership, limited liability company or corporation found guilty of violating any of the provisions of this chapter shall be subject to a forfeiture in a sum not less than $25 nor more than $2,000 and the costs of prosecution and in default of the payment thereof shall be imprisoned in the county jail or house of correction of Milwaukee County for a period not to exceed 90 days. Every day such violation continues shall constitute a separate offense.
[Amended 2-25-2008 by Ord. No. 1935]
[Added 3-21-2011 by Ord. No. 1988]
To compensate for inspection and administrative costs, a fee as set forth in the Village Fee Schedule may be charged for any reinspection to determine whether a condition identified in a notice of violation under Chapter 326 of the Village Code has been remedied. No fee shall be charged for the re-inspection when compliance is recorded. A fee as set forth in the Village Fee Schedule may be charged for a second reinspection, a fee as set forth in the Village Fee Schedule for a third reinspection, and a fee as set forth in the Village Fee Schedule for each subsequent reinspection. Reinspection fees shall be charged against the real estate upon which the inspections were made, shall be a lien upon the real estate, and may be assessed and collected as a special charge.
Editor’s Note: The Village Fee Schedule is on file in the Village offices.