[Adopted 12-1-1994 by Ord. No. 12-94 as §§ 24.01, 24.02, 24.03, 24.11 and 24.12 of the 1994 Code]
[Amended 7-8-2003 by Ord. No. 20-03]
The following definitions shall apply in the interpretation and enforcement of this article:
DWELLING
Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants.
DWELLING UNIT
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.
HEALTH OFFICER
Director of the County Health Department.
[Amended 6-12-2006 by Ord. No. 15-06]
OCCUPANT
Any person, over one year of age, living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit or rooming unit.
OPERATOR
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.
OWNER
Any person who, alone or jointly or severally with others, shall have:
A. 
Legal title to any dwelling or dwelling unit, without accompanying actual possession thereof;
B. 
A contract right under such terms that the person shall be entitled to a conveyance of title upon payment of a specified sum; or
C. 
Charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this article and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.
PERSON
Any individual, firm, corporation, association or partnership.
A. 
The Building Inspector is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within this Village in order that this officer may perform his duty of safeguarding the health and safety of the occupants of dwellings and of the general public.
[Amended 7-8-2003 by Ord. No. 20-03; 6-12-2006 by Ord. No. 15-06]
B. 
For the purpose of making such inspections the Building Inspector is hereby authorized to enter, examine, and survey at all reasonable times all dwellings, dwelling units, rooming units and premises. The owner or occupant of every dwelling, dwelling unit, and rooming unit, or the person in charge thereof, shall give the Building Inspector free access to such dwelling, dwelling unit or rooming unit and its premises at all reasonable times for the purpose of such inspection, examination and survey.
[Amended 7-8-2003 by Ord. No. 20-03; 6-12-2006 by Ord. No. 15-06]
C. 
Every occupant of a dwelling or dwelling unit shall give the owner thereof or his agent or employee access to any part of such dwelling or dwelling unit, or its premises, at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this article or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this article.
[Amended 7-8-2003 by Ord. No. 20-03]
A. 
Whenever the Building Inspector or Police Chief determines that there are reasonable grounds to believe that there has been a violation of any provision of this article which affects the health of the occupants of any dwelling, dwelling unit or rooming unit or the health of the general public, or affects the safety of any such occupants or the safety of the general public, the Building Inspector or Police Chief 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.
[Amended 6-12-2006 by Ord. No. 15-06]
(1) 
Such notice shall:
(a) 
Be in writing.
(b) 
Include a statement of the reasons why it is being issued.
(c) 
Allow a reasonable time for the performance of any act it requires.
(d) 
Be served upon the owner or his agent or the occupant, as the case may require, provided 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 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.
(2) 
Such notice must contain an outline of remedial action which, if taken, will effect compliance with the provisions of this article.
B. 
Any person affected by any such notice issued by the Building Inspector or Police Chief may request and shall be granted a hearing on the matter before the Village Board, provided that such person shall file in the office of the Building Inspector or Police Chief, within 10 days after service of the notice, a written statement of the grounds therefor. Upon receipt of such petition, the Building Inspector or Police Chief respectively 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.
[Amended 6-12-2006 by Ord. No. 15-06]
C. 
After such hearing the Board shall sustain, modify or withdraw the notice, depending upon its findings in regard to compliance with the provisions of this article. If the Board shall sustain or modify such notice it shall be deemed to be an order. 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 Building Inspector or Police Chief within 10 days after such notice is served. Any permit which has been suspended by a notice shall be deemed to be automatically revoked if a petition for hearing is not filed in the office of the Building Inspector or Police Chief within 10 days after such notice is served. In any case in which a hearing is held and the notice sustained, the permit shall be deemed to have been revoked.
[Amended 6-12-2006 by Ord. No. 15-06]
D. 
The proceedings at such hearing, including the findings and decision of the Board, shall be summarized, reduced to writing and entered as a matter of public record in the offices of the Board. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Board may seek relief therefrom in any court of competent jurisdiction as provided by the laws of this state.
E. 
Whenever the Building Inspector or Police Chief finds that an emergency exists which requires immediate action to protect the public health or safety, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this article, such order shall be effective immediately but, upon petition to the Building Inspector or Police Chief, shall be afforded a hearing as soon as possible, in the manner provided in Subsection B. After such hearing, depending upon the findings in regard to compliance with the provisions of this article, the Board shall continue such order in effect or modify it or revoke it.
[Amended 6-12-2006 by Ord. No. 15-06]
[Added 4-5-1999 by Ord. No. 5-99]
A. 
Scope. These standards shall apply to all improved properties, irrespective of whether the property is used for business, residential, or industrial purposes, unless the application of standards is otherwise limited by the terms of this section.
B. 
Minimum standards. No person shall occupy, use, let, or hold out to another for occupancy or use any building, structure, or premises which does not comply with the requirements of this section.
C. 
Foundations, exterior walls and roofs. The foundation shall be substantially watertight, protected against rodents, and kept in good condition and repair. The foundation elements shall adequately support the building at all points. Every exterior wall shall be substantially watertight, weathertight, protected against rodents, kept in good condition and repair, and free of deterioration, holes, breaks, loose or rotting boards or timber, and any other condition which might admit rain or dampness to the interior portions of the walls or exterior spaces of the dwelling. All exterior wood surfaces shall be protected by paint, stain, or other water- and weather-resistant treatment. Every roof shall be watertight, weathertight, kept in good condition and repair, and have no dangerous defects. Roof drainage shall be adequate to prevent rainwater from causing dampness in the walls. All cornices, copings, parapets, moldings, belt courses, lintels, sills, and similar projections shall be kept in good repair, free from cracks or defects which make them hazardous or dangerous.
D. 
Windows, doors and hatchways. Every window shall be fully supplied with transparent or translucent windowpanes, substantially without cracks or holes, substantially tight, and kept in good condition and repair. Windows, other than fixed windows, shall be easily opened and shall be held in position by window hardware. Every exterior door shall fit substantially tight within its frame and be kept in good condition. Window and door frames shall be kept in good condition and shall exclude rain and substantially exclude wind from entering the building or structure. Every basement hatchway shall prevent the entrance of rodents, rain, and surface drainage water into the building or structure.
E. 
Screens. From June 1 to September 15, screens shall be installed on doors or windows when they are required for ventilation. Screening shall be at least a 14 mesh and shall be attached to the frame in a manner which does not leave openings larger than those in the screen itself. Frames shall be in good condition and repair and fit tightly into the window or door frame so as not to allow the passage of insects or rodents. Screens shall be provided with positive attachment devices to ensure that inserts will not fall from, or be dislodged from, the door or window frame. A self-closing device shall be provided for screen doors.
F. 
Stairways and porches. Every exterior stairway and porch, and its supports, shall be kept in good and safe condition and repair, free of deterioration, with every rail and balustrade firmly fastened and maintained.
G. 
Chimneys. Every chimney and chimney flue shall be in good and safe condition and repair.
H. 
Grading and drainage of lots. Every yard, court, driveway, or other portion of the lot shall be graded or drained so as to prevent the accumulation of stagnant water on any such surface. Driveways shall be maintained in good condition and repair.
I. 
Yards. Yards shall be kept substantially clear of debris and be provided with adequate lawn or ground cover of vegetation, hedges, or bushes. All areas not covered by any of the foregoing shall be treated to prevent dust or the blowing or scattering of dust particles into the air. All trees, bushes, or vegetation which overhangs a public entrance shall be properly trimmed to avoid obstruction of the view and movements of vehicles and pedestrians.
J. 
Infestation. Every building, structure, and all exterior appurtenances on the premises shall be adequately protected against rats, mice, termites, and other vermin. Occupants and operators shall be responsible for extermination of rodents and vermin from that part of the premises under their exclusive control, except where more than one unit is infested at the same time. The owner shall also be responsible for extermination of the infestation.
K. 
Exterior appearance. Every building, structure, and all exterior appurtenances on the premises shall be kept neat, free from graffiti, and attractive in appearance. All wooden portions shall be painted, stained, or receive other similar treatment as often as necessary to maintain such appearance. Stone, brick, or other masonry shall be kept adequately painted and maintained.
L. 
Refuse, garbage and rubbish storage requirements. Every building or structure shall have adequate refuse, garbage, or rubbish storage containers. Garbage containers shall be kept in an enclosed area such as a garage or building; however Village-provided garbage containers may be stored outside where they are not visible from the street. No occupant shall accumulate rubbish, boxes, lumber, metal, or other materials which may attract rodents or vermin.
[Amended 6-8-2009 by Ord. No. 07-09]
M. 
Accessory structures. Every accessory structure shall be kept in good condition and repair, not obstruct light and air of doors or windows, not obstruct a safe means of access to any building or structure, not create fire or safety hazard, and not provide rat or vermin harborage. All accessory structures in deteriorated condition and not repairable shall be removed.
N. 
Parking lots. Every parking lot used for business or industrial purposes shall be kept substantially clear of debris and shall be maintained in conformance with any standards or conditions imposed upon the business or industrial use at the time of any site plan and/or development plan approval.
O. 
Maintenance of property complaint. Complaints alleging a violation of this section shall be commenced by service of written notice from the Village of Johnson Creek or its Building Inspector of noncompliance upon the property owner. In the event that a property owner fails to take action to bring said property into compliance with this section within five business days of the date of said written notice, the Village of Johnson Creek may take any and all steps necessary to place the building, structure, or appurtenances in a condition consistent with this section, including but not limited to directing the Public Works Department to complete any necessary repairs and place the costs incurred by the Village of Johnson Creek in taking said action on the owner's tax bill as a special assessment.
[Amended 7-8-2003 by Ord. No. 20-03]
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:
A. 
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 Building Inspector or Police Chief:
[Amended 6-12-2006 by Ord. No. 15-06]
(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 illumination, ventilation, or sanitation 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 the occupants or of the public.
B. 
Any dwelling or dwelling unit condemned as unfit for human habitation and so designated and placarded by the Building Inspector or Police Chief shall be vacated within a reasonable time as ordered by the Building Inspector or Police Chief.
[Amended 6-12-2006 by Ord. No. 15-06]
C. 
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 or Police Chief. The Building Inspector or Police Chief shall remove such placard whenever the defect or defects upon which the condemnation and placarding action was based have been eliminated.
[Amended 6-12-2006 by Ord. No. 15-06]
D. 
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.
E. 
Any person affected by any notice or order relating to the condemning and placarding of a dwelling or dwelling unit as unfit for human habitation may request and shall be granted a hearing on the matter before the Building Inspector or Police Chief, under the procedure set forth in § 112-11.
[Amended 6-12-2006 by Ord. No. 15-06]
[Amended 7-8-2003 by Ord. No. 20-03; 6-12-2006 by Ord. No. 15-06]
Any person who shall violate any provision of this article or any rules or regulations adopted by the Building Inspector or Police Chief pursuant to authority granted by this article shall, upon conviction, be punished by a civil forfeiture as provided in Chapter 60, Penalties, and in default of payment of such forfeiture by imprisonment for not less than one day nor more than 20 days. Each day of failure to comply with any such provision shall constitute a separate violation.