[Adopted 3-14-2006 by Ord. No. 06-06]
This article shall be known as the "Minimum
Housing Code."
This article is adopted for the purpose of preserving
and promoting the public health, safety, comfort, convenience, prosperity,
and general welfare of the people of the Village of Osceola and environs.
This includes, among others, physical, aesthetic, and monetary values.
It is recognized that there may now be or may, in the future, be residential
buildings, structures, yards or vacant areas, and combinations thereof,
which are so dilapidated, unsafe, dangerous, unhygienic, inadequately
maintained or lacking in basic equipment or facilities as to constitute
a menace to the health, safety, and general welfare of the people.
The establishment and enforcement of minimum housing and property
maintenance standards is necessary to preserve and promote the private
and public interest. All repairs, alterations, additions to and changes
in occupancy made pursuant to this article shall comply with the Wisconsin
Building Code, the Wisconsin Plumbing Code, and with the Wisconsin
Uniform Dwelling Code. All materials utilized in repairs, alterations,
additions to and changes in occupancy made pursuant to this article
must be approved for their intended use.
A.
Scope. Unless otherwise expressly stated, the following
terms shall, for purposes of this code, have the meanings shown in
this article.
B.
Rules. In the construction of this article, the rules
and definitions contained in this section shall be observed and applied,
except when the context clearly indicates otherwise:
(1)
Words used in the present tense shall include the
future.
(2)
Words stated in the masculine gender include the feminine
and neuter.
(3)
Words used in the singular number shall include the
plural number, and the plural the singular.
(4)
The word "shall" is mandatory and not discretionary.
(5)
The word "may" is permissive.
(6)
The phrase "used for" shall include the phrases "arranged
for," "designed for," "intended for," "maintained for," and "occupied
for."
C.
Terms defined in other codes. Where terms are not
defined in this code and are defined in the Wisconsin Building Code,
the Wisconsin Plumbing Code, and the Wisconsin Uniform Dwelling Code,
such terms shall have the meanings described to them as in those codes.
Where, however, terms are defined in both this Code section and the
state codes cited immediately above, the definition set forth in this
Code shall control.
D.
ADEQUATE
APPROVED
BASEMENT
BUILDING
DUE NOTICE
DWELLING
DWELLING UNIT
EXTERMINATION
HOUSING INSPECTOR
INFESTATION
OCCUPANT
OPERATOR
OWNER
PERSON
PROPERLY
PROPER TIMES
RENTAL UNIT
RESIDENTIAL BUILDING
(1)
(2)
STRUCTURE
SUPPLIED
Definitions. The following definitions shall be applicable
in this article:
Adequate as determined by the Housing Inspector, or his/her
designee, under the regulations of this article, or adequate as determined
by an authority designated by law or this article. "Adequately" shall
mean the same as "adequate."
Approved by the Housing Inspector, or his/her designee, under
the regulations of this article, or approved by an authority designated
by law or this article.
A portion of a building located partly underground, but having
less than half its clear floor-to-ceiling height below the average
grade of the adjoining ground.
Any structure having a roof supported by columns or walls
and intended for the shelter, support, enclosure or protection of
persons, animals, or chattels; the term "building" shall be construed
as if followed by the words "or portion thereof." For the purpose
of this article, each portion of a building completely separated from
other portions by an unpierced firewall shall be considered as a separate
building.
Fourteen-day written notice.
A place of abode, a residence, or a house for use by one
or more persons, excluding hotels or motels.
One or more rooms with provisions for living, cooking, sanitary,
and sleeping facilities arranged for use by one or more persons.
The control or elimination of infestation by eliminating
harboring places and removing or making inaccessible materials that
may serve as food, and by poisoning, spraying, trapping, fumigation
by a licensed fumigator or any other effective elimination procedure.
The Housing Inspector or other official appointed to inspect
properties for purposes of compliance with the code.
The sustained presence of household pests, vermin, or rodents.
One who occupies or has actual possession of any building.
Any person who has charge or control of a building or part
thereof in which dwelling units are located or let.
Every person, firm, partnership, or any individual member
thereof, corporation, business organization of any kind, the state,
the county, the Village, any sewer district, drainage district, and
any other public or quasi-public corporation having vested interest
in the property under consideration and shall include the representative,
officer, agent, or other person having the ownership, control, custody,
or management of any building.
Includes any individual, firm, corporation, association,
or partnership.
As deemed proper by the Housing Inspector or his/her designee,
under the regulations of this article, or deemed proper by an authority
designated by law or this article.
Between the hours of 8:00 a.m. and 5:00 p.m. Monday through
Friday.
Any dwelling unit not occupied by the owner and rented to
a third party.
A building which is arranged, designed, used,
or intended to be used for residential occupancy by one or more families
or lodgers, and which includes, but is not limited to, the following
types:
For the purpose of this article, any building
containing any of the above uses together with other uses shall be
considered a residential building.
Anything constructed or erected, the use of which requires
more or less permanent location on the ground, or attached to something
having permanent location on the ground.
Paid for, furnished, or provided by or under control of the
owner or operator.
A.
The Housing Inspector is authorized to determine the
condition of residential dwellings, dwelling units, and premises on
which the residential dwellings and dwelling units are situated, in
order that they may perform their duty of safeguarding the health
and safety of the occupants of dwellings and of the general public.
(1)
The Housing Inspector shall inspect all residential
rental units and premises located in the Village on a triennial basis;
however, the initial inspection of a new property shall not take place
until 10 years after initial occupancy unless a written complaint
has been filed with the Village Clerk regarding the property. Nonrental
properties shall be inspected based upon the filing of a complaint
with the Village Clerk.
(2)
For the purpose of making such inspections, the Housing
Inspector is authorized to enter, examine, and survey, at proper times
after due notice, all rental dwelling units, rooming units, and premises.
The owner or occupant of every dwelling, dwelling unit and rental unit, or the person in charge thereof, shall
give the Housing Inspector, or designee, access to such dwelling,
dwelling unit, or rooming unit and its premises, at proper times after
due notice, for the purpose of such inspection, examination, and survey.
Every occupant of a dwelling unit or dwelling 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 making
such repairs or alterations as are necessary to effect compliance
with the provisions of this article. If any owner or occupant denies
the Housing Inspector entry into any residential building or portion
thereof, the Housing Inspector is authorized to obtain inspection
warrants from an appropriate court and then enter and inspect said
residential building pursuant to the authority of such warrant.
B.
No owner of a rental residential building may deny
the Housing Inspector the right to enter and inspect any portion thereof
under the control of a tenant when the tenant has consented to said
entry and inspection.
C.
Exemption
from inspections.
[Added 1-8-2008 by Ord. No. 08-02]
(1)
All
rental properties that are financed by other governmental agencies
and are inspected by those agencies or designee are exempt from the
triennial inspection program conditioned on the Village receiving
a copy of each inspection report. The exemption from triennial inspection
does not exempt the property from the provisions of this chapter providing
for an inspection based on the filing of a written complaint with
the Village Clerk.
(2)
Rental
properties that are inspected as a part of the triennial inspection
program and have been found by the Housing Inspector to either have
no violations of the Minimum Housing Code or have corrected all violations
by the initial deadline prescribed by the Housing Inspector shall
be exempt from inspection for the following triennial inspection cycle.
This exemption from the triennial inspection does not exempt the property
from the provisions of this chapter providing for an inspection based
on the filing of a written complaint with the Village Clerk.
A.
Purpose. The purpose of this section is to establish
minimum standards for the maintenance of the exterior of all residential
buildings and parts thereof and to obtain the public and private benefits
accruing from the provision of such standards.
B.
Minimum standards. No person shall occupy as owner
or let to another for occupancy any space in a residential building
for the purpose of living, sleeping, cooking, or eating therein which
does not comply with the following requirements:
(1)
Dwelling.
(a)
Roof. The roof is to have no loose, damaged,
deteriorated, and/or missing roof covering. Holes or other structural
damage shall be repaired. Flashing shall be properly installed, secure,
and free from deterioration.
(b)
Chimney. The chimney shall be plumb and free
of loose, damaged, or missing bricks. Loose or missing mortar between
bricks shall be replaced.
(c)
Gutters and downspouts. Damaged, deteriorated
and/or missing gutters and downspouts shall be replaced. Deteriorated
fascia boards shall be replaced.
(d)
Walls. Loose, damaged, or missing siding or
trim shall be replaced. The siding material shall be the same type
on all sides of the structure. Damaged or missing corner caps or corner
trim boards shall be replaced. Brick walls shall be free of damaged
or missing bricks, and loose or deteriorated mortar joints.
(e)
Windows. Cracked and broken windows, missing
windowpanes, loose or missing window glazing, damaged or deteriorated
sills, frames, and casings shall be replaced. Torn or damaged screens
shall be replaced.
(f)
Doors. Exterior doors must fit into their frames
and have a lock. Loose, damaged, or missing doorstops, threshold,
frame, and casings shall be replaced. Doorknobs, hinges, and closers
shall be properly installed and operating.
(g)
Steps. Loose, damaged, or missing bricks or
deteriorated mortar joints shall be replaced on masonry foundations,
risers, and wing walls. Severe spalling, breaks and missing pieces
of masonry treads and stoop shall be repaired or replaced. Wood steps
shall be on an adequate foundation and properly attached to the porch
or house. Stringers, risers, tread, and lattice shall be free of damage
or deterioration. Handrails on all step units shall be free of deterioration
and properly secured.
(h)
Porch. Damaged, deteriorated, or missing members
of ceilings, floor, railing, support columns, and/or trim shall be
repaired or replaced. Sagging or spongy floor and loose ceiling and
floorboards shall be repaired or replaced. Deteriorated or separated
sill boxboards shall be repaired or replaced.
(i)
Foundation. Loose, damaged, or missing bricks,
deteriorated mortar joints, and bowing of foundation walls are to
be repaired or replaced. Openings in foundation walls for coal chutes,
windows, electrical services, etc. shall be properly sealed.
(j)
Window wells. Loose, damaged, or missing bricks,
deteriorated mortar joints, and bowing of walls are to be repaired
or replaced. Window wells are to be kept free of debris and litter.
Drains are to be maintained and kept in working condition.
(k)
Painted surfaces. All painted surfaces, which
are peeling, flaking, or blistering, shall be scraped, primed, and
painted.
(l)
Electrical. House-to-garage service conductors
must be properly installed and not sag. Insulation shall not be in
a deteriorated condition. All electrical fixtures, switches, and receptacles
shall be approved for exterior use, properly installed, and fully
operational.
(2)
Garage.
(a)
All garage walls shall be plumb and free of
damaged, deteriorated, or missing siding and trim. The siding material
shall be the same type on all sides. All doors shall be fully operational
and properly installed. Windows shall be free of broken or severely
cracked panes. Boarded up windows are not acceptable.
(b)
Gutters and downspouts shall be properly installed,
and free of damage, deteriorations, or leaks. The roof covering shall
be the proper type for the pitch of the roof and be maintained in
good condition. Rolled roofing is not acceptable for repairs on shingled
roofs.
(3)
Yard area.
(a)
Service walks. Broken, loose, or missing pieces
of the walk blocks shall be repaired or replaced. Vertical separation
between the blocks of one inch or more is not acceptable.
(b)
Driveway. Asphalt driveways shall be free of
cracks 1/4 inch wide or larger, deteriorated areas, or depressions.
Proper grade must be maintained. Concrete driveways shall be free
of broken or deteriorated areas, large cracks, holes, and blocks with
a vertical separation of one inch or more.
(c)
Fences. Fences shall be structurally sound and
free of loose, damaged, or deteriorated members. Any areas with peeling
or flaking paint shall be scraped, primed, and painted.
A.
Purpose. The purpose of this section is to establish
minimum standards for basic equipment, lighting, ventilation, and
electrical services for all residential buildings and parts thereof
and to obtain the public and private benefits accruing from the provision
of such services. A suitable environment for safe and healthy living
is encouraged by adequate water and sanitary facilities, proper storage,
and disposal of garbage and other refuse, safe means of egress, provision
of light, air, heat, and electrical service.
B.
Minimum standards. No person shall occupy as owner
or let to another for occupancy any space in a residential building
for the purpose of living, sleeping, cooking, or eating therein which
does not comply with the following requirements:
(1)
Dwelling.
(a)
Foundation. Damaged or missing blocks, stress
or settlement cracks, deteriorated masonry joints, holes, water seepage
and bowing walls shall be repaired or replaced.
(b)
Electrical.
[1]
Main panel. The main disconnect must be identified
and all fuse or circuit breaker functions labeled. The main panel
and any subpanels must be properly grounded and bonded. Main panels
and subpanels must have no loose or missing covers, missing knockouts
and proper fittings for conductions entering the panels. Any fuses
or breakers shall be properly sized to the available circuit.
[2]
Wiring. All wiring shall be properly installed,
protected, and supported. Wiring shall not have improper taps, splices,
or deteriorated insulation. Wiring shall be of proper type and gauge
for the circuit. All junction boxes must have proper fittings and
may not have missing knockouts. All wiring shall be properly terminated.
Water meters shall have a bonding jumper. Transformers shall be mounted
on a junction box with the taps contained within the box. Garbage
disposal wiring shall be properly installed. If hard wired, the conductions
must be protected. If installation is a cord and plug attachment,
the conductors from the disposal to the receptacle shall be appliance
cord of appropriate size for the circuit, and the conductions for
the receptacle and switch shall be properly protected.
[3]
Lights, switches, and receptacles. Proper lighting
is required in the main panel area, furnace area, and laundry area.
All lights shall be fully operational without the use of an adapter.
All lights, switches, and receptacles shall be properly installed,
free from physical damage, and function correctly. Required light
globes shall be maintained. The following appliances require three-prong
grounded receptacles: washing machines, refrigerators, freezers, microwaves
and air-conditioning units. Use of an adapter and/or extension cord
for these appliances is prohibited. Missing or damaged switch or receptacle
faceplates shall be replaced. Loose faceplates shall be properly secured.
Excessive or improper use of extension cords is prohibited.
(c)
Plumbing.
[1]
All plumbing fixtures, to include faucets, sinks,
showers, tubs, and toilets, shall be fully operational, free of leaks,
and properly installed. Water supply lines, traps, and drain lines
shall not be corroded, leak or have improper fittings, and shall be
properly supported.
[2]
Drain lines and traps shall have a smooth interior
waterway. Deteriorated S-traps shall be replaced with P-traps. Rubber
traps and wood plugs in drain lines are prohibited. Missing or broken
floor drain grates must be replaced. Any laundry tub, sink, toilet,
or bathtub that is broken, has missing pieces, or cracks shall be
repaired or replaced.
(d)
Hot water tank. The gas line must have a manual
shut-off valve and a drip leg. The T&P valve and discharge pipe
shall be properly installed; T&P valve to have a maximum setting
of 150 psi and 210° Fahrenheit. Discharge pipe shall be 3/4 inch
and extend to within four to six inches of the floor. The draft hood
and pilot cover shall be secure. Flue pipe shall have proper materials,
pitch, connections and shall be sealed at the chimney. The cold water
supply line of the tank must have a shut-off valve.
(e)
Heating. Heating units must have a manual shut-off
valve and drip leg. Boilers must have a properly installed T&P
valve and discharge pipe. All required covers shall be in place and
secure. Flue pipe shall have proper materials, pitch, connections
and shall be sealed at the chimney. The boiler sight gauge and fittings
shall be free of damage, deterioration, and leaks. Pipe insulation
shall not show signs of deterioration. Radiators shall have operable
control valves and shall not leak. Gas lines shall be of approved
pipe and fittings and properly supported. Out-of-use gas lines shall
be properly capped or removed. Each gas appliance shall have an operable
manual shut-off valve. Gas-fired heating equipment and dryers shall
be properly vented to the outside. No heating equipment or appliance,
that requires room air for combustion, shall be located in any bedroom,
bathroom, or any room used for sleeping.
(f)
Incinerators. Use of incinerators is prohibited.
If present, the gas line is to be disconnected and capped, the flue
pipe removed, and the flue opening at the chimney properly sealed.
(g)
Structural supports. Sill plates, floor joists,
bridging, and main support beams shall not be damaged, deteriorated,
or show signs of deflection. Support posts and jack posts shall be
free of deterioration and properly installed. Masonry support piers
shall not have damaged, deteriorated, or missing bricks or deteriorated
mortar joints.
(h)
Chimney and fireplace. Chimneys and fireplaces
shall not have damaged, deteriorated, or missing bricks or deteriorated
mortar joints. Chimney clean-out doors shall close and have a proper
seal at the frame. A fireplace ash pit door and damper shall be properly
installed and shall operate properly. Loose, damaged, or missing tiles
or grout on hearth shall be repaired or replaced. Gas logs must have
automatic and manual shut-off valves and approval stamp. Gas igniters
must have a manual shut-off valve.
(i)
Floors, walls, and ceilings. Loose, damaged,
or missing floorboards, tiles, or floor covering shall be repaired
or replaced. The bathroom floor shall be water-resistant. Holes, loose
or water-damaged plaster and cracks 1/8 inch wide or larger in walls
and ceilings shall be repaired or replaced. Loose wall covering and
damaged or missing molding or trim shall be repaired or replaced.
Loose, flaking, and/or peeling paint on walls, ceilings, and trim
shall be removed.
(j)
Smoke detectors. An operable smoke detector
shall be installed on each level of the house and outside of the bedrooms.
(k)
Windows. There shall be one operable window
in each habitable room. If the operable window has sash cords, both
cords must function properly. Clips are not an approved alternative
to sash cords. Sash, frame, casing, and trim shall not be loose, deteriorated,
or missing members. Security bars or grates must be operable from
the inside without the use of a key or special tool. In bathrooms
and kitchens, an approved exhaust ventilation system will satisfy
the operable window requirement.
(l)
Doors. Bedrooms and bathrooms are required to
have doors. The doors must fit into their frame and latch closed.
(2)
Garage. Sill plates, studs, top plates, rafters, main
beam, sheathing, and floor shall not be damaged or deteriorated. Floors
shall be free of broken or missing concrete, cracks one inch or greater
in width, or heaved/sunken sections. Asphalt floors are prohibited.
Sill plates shall be firmly anchored to the foundation or curb. Damaged
or deteriorated studs shall be replaced or sistered from the sill
plate to the top plate, and the main beam must be properly supported.
Electrical wiring and fixtures must be properly installed and maintained
in working condition.
A.
Purpose. The purpose of this section is to govern
the minimum conditions for occupying a structure.
B.
Responsibilities. The owner of the structure shall
provide space conditions in compliance with these requirements. A
person shall not permit another person to occupy any premises that
do not comply with the requirements of this article.
C.
Privacy. Dwelling units shall be arranged to provide
privacy and be separate from other adjoining spaces.
D.
Minimum room widths. A habitable room, other than
a kitchen, shall not be less than seven feet in any direction. Kitchens
shall have a clear passageway of not less than three feet between
counterfronts and appliances or counterfronts and walls.
E.
Overcrowding. Dwelling units shall not be occupied
by more occupants than permitted by the minimum area requirements
in the table below:
|
Space
|
Minimum Area in Square Feet
| |||
|---|---|---|---|---|
|
1 to 2 occupants
|
3 to 5 occupants
|
6 or more occupants
| ||
|
Living room
|
No requirements
|
120
|
150
| |
|
Dining room
|
No requirements
|
80
|
100
| |
|
Bedrooms
|
Shall comply with section below
| |||
F.
Bedroom requirements. Every bedroom shall comply with
the requirements of this section.
(1)
Area for sleeping room. Every bedroom occupied by
one person shall contain at least 70 square feet of floor area, and
every bedroom occupied by more than one person shall contain at least
50 square feet of floor area for each occupant thereof.
(2)
Access from bedrooms. Bedrooms shall not constitute
the only means of access to other bedrooms or habitable spaces and
shall not serve as the only means of egress from other habitable spaces,
with the exception of dwelling units that contain fewer than two bedrooms.
A.
Purpose. The purpose of this section is to govern
the minimum conditions for firesafety relating to structures and premises.
B.
Responsibilities. The owner of the structure shall
provide and maintain such firesafety facilities and equipment in compliance
with these requirements. A person shall not permit another person
to occupy any premises that do not comply with the requirements of
this article.
C.
Means of egress. A safe, continuous, and unobstructed
path of travel shall be provided from any point in a building or structure
to the public way.
(1)
Aisles. The required width of aisles in accordance
with the Wisconsin Fire Code shall be unobstructed.
(2)
Locked doors. All means of egress doors shall be readily
openable from the side from which egress is to be made without the
need for keys, special knowledge or effort, except where the door
hardware conforms to that permitted by the Wisconsin Building Code.
(3)
Emergency escape openings. Required emergency escape
openings shall be maintained in accordance with the code in effect
at the time of construction, and the following. Required emergency
escape and rescue openings shall be operational from the inside of
the room without the use of keys or tools. Bars, grilles, grates or
similar devices are permitted to be placed over emergency escape and
rescue openings, provided the minimum net clear opening size complies
with the code that was in effect at the time of construction and such
devices shall be releasable or removable from the inside without the
use of a key, tool, or force greater than that which is required for
normal operation of the escape and rescue opening.
A.
Purpose. The purpose of this section is to fix the
responsibility of owners, operators, and occupants of residential
buildings.
B.
Responsibilities. The responsibility of owners, operators,
and occupants of residential buildings is as follows:
(1)
Every owner of a residential building containing two
or more dwelling units shall be responsible for maintaining in a clean,
proper, and sanitary condition the shared or public areas of the residential
building and premises thereof.
(2)
Every occupant of a residential building shall keep
in a clean, proper, and sanitary condition that part of the residential
building and premises thereof which he occupies and controls, except
the operator of every lodging house shall be responsible for the sanitary
maintenance of all walls, floors, ceilings, and every other part of
the residential building.
(3)
Every owner of a residential building shall be responsible
for hanging, installation, and maintenance of all screens and double
or storm doors and windows, whenever the same are required under provisions
of this Code of Ordinances.
(4)
Every owner of a residential building shall be responsible
for the extermination of any insects, rodents, or other pests therein
or on the premises. In all residential buildings, except for single-family
dwellings and owner-occupied two-family dwellings, extermination services
shall be performed by a licensed exterminator.
(5)
Every occupant of a dwelling unit shall keep all plumbing
fixtures therein in a clean and sanitary condition and shall be responsible
for the exercise of reasonable care in the proper use and operation
thereof.
(6)
The owner or operator shall not occupy or let to another
for occupancy any space in a residential building unless it is clean,
sanitary, fit for human occupancy and complies with the requirements
of this article.
(7)
Every owner of a rental unit shall make available
to the occupants the names of two or more persons who may be called
to arrange for emergency work. The names, with the telephone numbers,
shall be posted in a conspicuous place readily accessible to the occupants.
The names, with the telephone numbers, shall be revised periodically
to maintain accurate information at all times.
(8)
The owner or agent of any rental property shall inspect
each dwelling unit not less than once each year and keep a record
of the inspection.
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 procedures and guidelines
and under provisions of § 66.0413, Wis. Stats.
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 Housing
Inspector:
(1)
One which is so damaged, decayed, dilapidated, unsanitary,
unsafe, or vermin-infested that it creates a serious hazard to the
health, safety, or welfare of the occupants or of the public.
(2)
One which lacks illumination, ventilation, heating,
basic equipment, or sanitation facilities adequate to protect the
health, safety, or welfare 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, safety, or welfare
of the occupants or of the public.
(4)
One which, because of its general condition, location,
or appearance, is a blighting influence or causes decreasing physical
or monetary value of property in the neighborhood.
B.
Any dwelling, dwelling unit, building, or structure
designated and placarded as unfit for human habitation and in need
of repair by the Housing Inspector shall be vacated within such a
reasonable time as is ordered by the Housing Inspector.
C.
No building or structure or part thereof which has
been designated and placarded as unfit for human habitation and in
need of repairs or razing shall again be used for human habitation
until written approval is secured from, and such placard is removed
by, the Housing Inspector. The Housing Inspector shall remove such
placard whenever the defect or defects upon which the designation
and placarding action were based have been eliminated.
D.
No person shall deface or remove the placard from
any building or structure, or part thereof, which has been condemned
as unfit for human habitation and placarded as such.
E.
Any building or structure or part thereof designated
as unfit for human habitation and in need of repairs or razing by
the Housing Inspector, which in the opinion of the Housing Inspector
would be unreasonable to repair, shall be razed or removed upon legal
written service of the order of the Housing Inspector. If the owner
shall fail or refuse to comply with the order, the Housing Inspector
shall refer such violation to the Village Attorney, who will initiate
procedures pursuant to § 66.0413, Wis. Stats., to cause
such building to be razed or removed as a violation of this article.
F.
Any building which has been vacant for more than thirty
(30) days for any reason and has been damaged, illegally entered or
vandalized shall be secured against entry. This shall include adequate
boarding up of doors, windows, and other openings in a workmanlike
manner so as to prevent illegal entry, vandalism, or damage.
(1)
The building utilities, plumbing, electrical and heating
systems in vacant buildings shall be maintained at all times in a
safe condition or inactivated so as to prevent the possibility of
damage to the structure by failure of such utilities and so as to
prevent hazardous and dangerous conditions.
(2)
When any building has been damaged by fire or other
cause and when hazardous or dangerous conditions exist and when such
building cannot be secured by conventional locking or boarding up
of windows and doors, such building shall be fenced off so as to prevent
access and entry to the structure and the area immediately surrounding
the structure within three days of the damage by fire or other cause.
A.
Each rental dwelling, rental dwelling unit, and premises
on which rental dwellings are located, and accessory structures located
on those premises shall be inspected by the Housing Inspector once
every three years. For the triennial inspections, the Housing Inspector
shall provide 14 days' written notice to be served upon the owner
or his agent and the occupant, 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 sent by registered mail to his last-known address;
or if a copy thereof is posted in a conspicuous place in or about
the dwelling or dwelling unit affected by the notice; or if he is
served with such notice by any other method authorized or required
under the laws of this state.
B.
In addition to the triennial inspection, whenever
a written complaint has been filed with the Village Clerk and the
Housing Inspector determines that there are reasonable grounds to
believe that there has been a violation of any provision of this article
or of any rule or regulation adopted pursuant thereto, he shall give
notice of such alleged violation to the person or persons responsible
therefor as hereinafter provided.
(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 sent by registered mail to his last-known address;
or if a copy thereof is posted in a conspicuous place in or about
the dwelling or dwelling unit 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)
The above notice may contain an outline of remedial
action which, if taken, will effect compliance with the provisions
of this article and with rules and regulations adopted pursuant thereto.
C.
Whenever there has been notice of a violation issued
to the owner, the agent of any owner, or the occupant of the property
which is in violation of this article, no further notice shall be
necessary for any reoccurrence of the violation prior to the commencement
of any forfeiture action or prior to seeking an injunction in a court
of record.
D.
Any person affected by any notice which has been issued
in connection with the enforcement of any provision of this article
or of any rule or regulations adopted pursuant thereto may request
and shall be granted a review to reconsider the matter by the Housing
Inspector, provided that such person shall file with the Village Clerk
a written petition setting forth a brief statement regarding the basis
for requesting such notice to be modified or withdrawn. The Housing
Inspector shall, within 14 days after the day on which the petition
was filed, sustain, modify, or withdraw the notice, depending upon
his findings as to whether the provisions of this article and of the
rules and regulations adopted pursuant thereto have been complied
with. If the Housing Inspector sustains or modifies such notice, it
shall be deemed to be an order. Any notice served pursuant to this
article shall automatically become an order if a written petition
for reconsideration is not filed in the office of the Housing Inspector
within 14 days after such notice is served.
E.
The findings and decision of the Housing Inspector
shall be summarized, reduced to writing, and entered as a matter of
public record. Such record shall also include a copy of every notice
or order issued in connection with the matter.
F.
Determinations of the Housing Inspector under this section may be appealed to the Board of Appeals using the procedures prescribed in § 219-70 of this Code of Ordinances.
G.
Whenever the Housing Inspector finds that an emergency
exists which requires immediate action to protect the public health,
safety, or welfare, 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 section, such order shall be effective
immediately. Any person to whom such order is directed shall comply
therewith immediately, but upon petition to the Housing Inspector
shall be afforded a hearing as soon as possible. After such hearing,
depending upon his findings as to whether the provisions of this section
and of the rules and regulations adopted pursuant thereto have been
complied with, the Housing Inspector shall continue such order in
effect, modify it, or revoke it.
In any case where a provision of this article
is found to be in conflict with a provision of any zoning, building,
fire, safety or health ordinance or code of this Village, the provision
which establishes the higher standard for the promotion and protection
of the health and safety of the people shall prevail. In any case
where a provision of this article is found to be in conflict with
a provision of any other ordinance or code of this Village which establishes
a lower standard for the promotion and protection of the health and
safety of the people, the provisions of this article shall prevail,
and such other ordinances or codes are hereby declared to be repealed
to the extent that they may be found in conflict with this article.
Any person who shall violate any provision of this article or any order, rule or regulation made hereunder shall be subject to a forfeiture as provided in § 1-19 of this Municipal Code, provided failure to correct a correctable condition within the time specified shall constitute a separate violation.
The Village Board shall establish from time
to time by resolution fees for the initial and follow-up inspections
or to recover any costs incurred as a result of this article.
