[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.]
A.
APPROVED
BASEMENT
BATH
BATHROOM
BEDROOM
BUILDING INSPECTOR
CELLAR
COMMUNAL
DINING ROOM
DUPLEX
DWELLING
DWELLING UNIT
EXTERMINATION
FAMILY
FENCE
FLOOR AREA
GARBAGE
HABITABLE LIVING AREA
HABITABLE ROOM
HOTEL, MOTEL or MOTOR HOTEL
INFESTATION
KITCHEN
KITCHEN SINK
LAVATORY BASIN
LIVING ROOM
MULTIPLE DWELLING
NONDWELLING STRUCTURE
NURSING HOME
OCCUPANT
OPERATOR
OWNER
(1)
(2)
PERSON
PLUMBING
PREMISES
ROOMER
ROOMING HOUSE
STRUCTURE
SUPPLIED
TEMPORARY HOUSING
TOILET
TOILET ROOM
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.
Deemed as identical to "basement."
Used or shared by or intended to be used or shared by occupants
of two or more dwelling units.
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.
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.
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]
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.
The sum of the areas of all habitable rooms within a dwelling
unit.
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.
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.
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.
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.
A habitable room within a dwelling unit which is used or
intended to be used primarily for general living.
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.
Any structure except a dwelling.
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:
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
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.
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.
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.
Any room containing an approved toilet and lavatory basin.
B.
Whenever the word "Board" is used in this chapter
it shall mean "Village Board."
C.
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."
A.
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.
B.
Right of entry.
(1)
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:
(a)
If such property is occupied, he shall first
present proper credentials to the occupant and request entry, explaining
his reasons therefor; and
(b)
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.
(2)
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.
(3)
"Authorized representative" shall include the officers named in Subsection A of this section and their authorized inspection personnel.
(4)
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.
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.
B.
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.
C.
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:
A.
Every dwelling unit shall contain an approved kitchen
sink.
B.
Every dwelling unit shall contain a bathroom.
C.
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.
D.
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.
E.
Every kitchen sink, toilet, lavatory, basin and bath
shall be in good working condition and properly connected to an approved
water and sewer system.
F.
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.
G.
Every stairway, entrance and exit of every dwelling
and dwelling unit shall comply with the following requirements:
H.
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.[1]
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
Every supplied plumbing fixture and water and waste
pipe shall be properly installed and maintained in good sanitary working
condition.
H.
Every chimney and every supplied smoke pipe shall
be adequately supported, reasonably clean and maintained in a reasonably
good state of repair.
I.
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.
J.
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.
K.
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.
L.
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.
M.
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.
N.
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:
A.
No dwelling
unit shall be occupied by more than one family as defined in this
chapter.
B.
Floor areas, ceiling heights and room areas shall be as provided for under Chapter 225, Building Construction, of the Village Code.
C.
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.
D.
No space
in a basement in any R District may be used for sleeping purposes
or as a dwelling unit.
[Amended 2-6-2023 by Ord. No. 3053]
E.
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.
A.
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.
B.
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.[1]
C.
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.
D.
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.
E.
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.
F.
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[1]]
A.
Every fence shall be kept in a good state of maintenance and repair
by the owner thereof or shall be removed.
B.
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.
C.
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.
[1]
Editor's Note: This ordinance also repealed former § 326-9,
Maintenance of nondwelling structures, fences and premises, as amended.
A.
Service of notices.
(1)
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:
(a)
Be put in writing;
(b)
Include a description of the real estate sufficient
for identification;
(c)
Include a statement of the reason or reasons
why it is being issued;
(d)
Allow a reasonable time for the performance
of any act it requires; and
(e)
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.
(2)
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.
B.
Petition for hearing; opportunity to be heard; order
if no petition.
(1)
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.
(2)
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.
C.
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.
D.
Appeal to Circuit Court of Milwaukee County.
(1)
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.
(2)
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.
E.
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.
F.
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:
A.
Condemnation of dwellings and dwelling units as unfit
for human habitation.
(1)
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:
(a)
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;
(b)
One which lacks illumination, ventilation, or
sanitary facilities adequate to protect the safety or welfare of the
occupants or of the public; or
(c)
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.
(2)
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.
B.
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:
(1)
Be put in writing;
(2)
Include a description of the real estate sufficient
for identification;
(3)
Include a statement of the reason or reasons why it
is being issued;
(4)
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;
(6)
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.
C.
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.
D.
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."
E.
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.
F.
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.
A.
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[1] 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.
[1]
Editor’s Note: The Village Fee Schedule is on file in
the Village offices.
