[HISTORY: Adopted by the Village Board of the Village of Saukville
12-17-1985 by Ord. No. 389 as Ch. 23 of the 1985 Code. Amendments noted where
applicable.]
A.
BASEMENT
CELLAR
DWELLING
DWELLING UNIT
EXTERMINATION
GARBAGE
HABITABLE ROOM
HEALTH OFFICER
INFESTATION
MULTIPLE DWELLING
OCCUPANT
OPERATOR
ORDINARY MINIMUM WINTER CONDITIONS
OWNER
(1)
(2)
PERSON
PLUMBING
ROOMING HOUSE
ROOMING UNIT
RUBBISH
SUPPLIED
TEMPORARY HOUSING
The following definitions shall apply in the interpretation
and enforcement of this chapter:
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.
Portion of a building located partly or wholly underground and having
half or more than half of its clear floor-to-ceiling height below the average
grade of the adjoining ground.
Any building which is wholly or partly used or intended to be used
for living or sleeping by human occupants. "Temporary housing" as hereinafter
defined shall not be regarded as a dwelling.
Any room or group of rooms located within a dwelling and forming
a single habitable unit with facilities which are used or intended to be used
for living, sleeping, cooking and eating.
The control and elimination of insects, rodents or other pests by
eliminating their harborage places; by removing or making inaccessible materials
that may serve as their food; by poisoning, spraying, fumigating, trapping;
or by any other recognized and legal pest elimination methods approved by
the Health Officer or Building Inspector.
The animal and vegetable waste resulting from the handling, preparation,
cooking and consumption of food.
A room or enclosed floor space used or intended to be used for living,
sleeping, cooking, operating purposes, excluding bathrooms, water closet compartments,
laundries, pantries, foyers or communicating corridors, closets and storage
spaces.
The Village Health Officer or Building Inspector.
The presence, within or around a dwelling, of any insects, rodents
or other pests.
Any dwelling containing more than two dwelling units.
Any person, over one year of age, living, sleeping, cooking or eating
in or having actual possession of a dwelling unit or rooming unit.
Any person who has charge, care or control of a building, or part
thereof, in which dwelling units or rooming units are let.
The temperature 15º F. above the lowest recorded temperature
for the previous ten-year period.
Any person who alone, jointly or severally with others:
Shall have legal title to any dwelling or dwelling unit, without accompanying
actual possession thereof; or
Shall have charge, care or control of any dwelling or dwelling unit,
as owner or agent of the owner, or as executor, administrator, 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 chapter
and of rules and regulations adopted pursuant thereto to the same extent as
if he were the owner.
Any individual, firm, corporation, association or partnership.
All of the following supplied facilities and equipment: gas pipes,
gas-burning equipment, water pipes, garbage disposal units, waste pipes, water
closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths,
installed clothes-washing machines, catch basins, drains, vents and other
similar supplied fixtures, together with all connections to water, sewer or
gas lines.
Any dwelling, or that part of any dwelling containing one or more
rooming units, in which space is let by the owner or operator to three or
more persons who are not husband, wife, son, daughter, mother, father, sister
or brother of the owner or operator.
Any room or group of rooms forming a single habitable unit used or
intended to be used for living and sleeping, but not for cooking or eating
purposes.
Combustible and noncombustible waste materials, except garbage; and
shall include the residue from the burning of wood, coal, coke and other combustible
material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree
branches, yard trimmings, tin cans, metals, mineral matter, glass crockery
and dust.
Paid for, furnished or 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 for more than
30 consecutive days.
B.
Meaning of certain words. Whenever the words "dwelling,"
"dwelling unit," "rooming house," "rooming unit" or "premises," are used in
this chapter, they shall be construed as though they were followed by the
words "or any part thereof."
A.
The Health Officer or Building Inspector is hereby authorized
and directed to make inspections to determine the condition of dwellings,
dwelling units, rooming units and premises located within the village to perform
his duty of safeguarding the health and safety of the occupants of dwellings
and of the general public.
B.
For the purpose of making such inspection, the Health
Officer or Building Inspector is hereby authorized to enter, examine and survey
at all reasonable times all dwellings, dwelling units, rooming units and premises.
C.
The owner or occupant of every dwelling, dwelling unit
and rooming unit, or the person in charge thereof, shall give the Health Officer
or 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. 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 chapter or with any lawful rule or regulation
adopted or any lawful order issued pursuant to the provisions of this chapter.
A.
Whenever the Health Officer determines that there are
reasonable grounds to believe that there has been a violation of any provision
of this chapter which affects the health or safety of the occupants of any
dwelling, dwelling unit, or of the general public, the Health Officer or the
Building Inspector, as the case may be, shall give notice of such alleged
violation to the person or persons responsible therefor and to any known agent
of such person as hereinafter provided. Such notice shall:
(1)
Be put in writing.
(2)
Include a statement of the reasons why it is being issued.
(3)
Allow a reasonable time for the performance of any act
it requires.
(4)
Be served upon the owner, his agent or the occupant,
as the case requires, provided that such notice shall be deemed to be properly
served upon such owner, agent or occupant if a copy thereof is served upon
him personally; or 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.
(5)
Such notice shall contain an outline of remedial action
which, if taken, will affect compliance with the provisions of this chapter.
B.
Any person affected by any such notice may request and
shall be granted a hearing on the matter before the Zoning Board of Appeals,
provided that such person shall file in the office of the Health Officer or
Building Inspector, as the case may be, within 10 days after service of the
notice, a written statement of the grounds therefor. Upon receipt of such
petition, the Health Officer or the Building Inspector, 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. At such hearing the petitioner shall be given an opportunity
to be heard and to show cause why such notice should not be complied with.
C.
After such hearing the Board shall sustain, modify or withdraw the notice, depending upon its findings as to whether the provisions of this chapter have been complied with. If the 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 Health Officer or the Building Inspector within 10 days after such notice is served. 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. Any such 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 Health Officer or Building Inspector within 10 days after such notice is served.
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 Health Officer finds that an emergency exists which requires immediate action to protect the public health, 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 chapter, such order shall be effective immediately, but upon petition to the Health Officer a hearing shall be afforded as soon as possible, in the manner provided in Subsection B. After such hearing, depending upon the findings as to whether the provisions of this chapter have been complied with, the Board shall continue such order in effect, modify it or revoke it.
The Health Officer is authorized, after a public hearing has been held,
to adopt such written rules and regulations as may be necessary for the proper
enforcement of the provisions of this chapter. He shall file a certified copy
of all rules and regulations which he may adopt with the Administrator. Such
rules and regulations shall have the same force and effect as the provisions
of this chapter, and the penalty for violation thereof shall be the same as
the penalty for violation of the provisions of this chapter.
No person shall occupy as owner-occupant or let to another for occupancy
any dwelling or dwelling unit, for the purpose of living, sleeping, cooking
or eating therein, which does not comply with the following requirements:
A.
Every dwelling unit shall contain a kitchen sink in good
working condition and properly connected to a water and sewer system approved
by the Health Officer or Building Inspector.
B.
Every dwelling unit shall contain a room which affords
privacy to a person within such room and which is equipped with a flush water
closet and a lavatory basin in good working condition and properly connected
to a water and sewer system approved by the Health Officer or Building Inspector.
C.
Every dwelling unit shall contain, within a room which
affords privacy to a person within such room, a bathtub or shower in good
working condition and properly connected to a water and sewer system approved
by the Health Officer or Building Inspector.
E.
Every dwelling unit shall be supplied with adequate rubbish
storage facilities, type and location of which are approved by the Health
Officer or Building Inspector.
F.
Every dwelling unit shall have adequate garbage disposal
facilities or garbage storage containers, type and location of which are approved
by the Health Officer or Building Inspector.
G.
Every dwelling shall have supplied water-heating facilities which are properly installed, are maintained in safe and good working condition, are properly connected with the hot waterlines required under the provisions of Subsection D and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower, at a temperature of not less than 120º. Such supplied water-heating facilities shall be capable of meeting the requirements of this subsection when the dwelling or dwelling unit heating facilities required under the provisions of § 115-6E are not in operation.
H.
Every dwelling unit shall have safe, unobstructed means
of egress landing to safe and open space at ground level as required by the
laws of this state and the village.
No person shall occupy as owner-occupant 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.
Every habitable room shall have at least one window or
skylight facing directly to the outdoors. The minimum total window area, measured
between stops, for every habitable room shall be 10% of the floor area of
such room. Whenever walls or other portions of structures face a window of
any such room and such light-obstruction structures are located less than
three feet from the window and extend to a level above that of the ceiling
of the room, such a window shall not be deemed to face directly to the outdoors
and shall not be included as contributing to the required minimum total window
area. Whenever the only window in a room is a skylight-type window, in the
top of such room, the total window area of such skylight shall equal at least
15% of the total floor area of such room.
B.
Every habitable room shall have at least one window or skylight which can easily be opened, or such other device as will adequately ventilate the room. The total of openable window area in every habitable room shall be equal to at least 45% of the minimum window area size or minimum skylight-type window size as required in Subsection A except where there is supplied some other device affording adequate ventilation and approved by the Health Officer or Building Inspector.
C.
Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in Subsections A and B, except that no window or skylight shall be required in adequately ventilated bathrooms and water closet compartment equipped with a ventilation system which is kept in continuous operation and approved by the Health Officer or Building Inspector.
D.
Where there is an electric service available from power
lines which are not more than 300 feet away from a dwelling, every habitable
room of such dwelling shall contain at least two separate floor or wall-type
electric convenience outlets, or one such convenience outlet and one supplied
ceiling-type electric light fixture; and every water closet compartment, bathroom,
laundry room, furnace room and public hall shall contain at least one supplied
ceiling or wall-type electric light fixture. Every such outlet and fixture
shall be properly installed, shall be maintained in good and safe working
condition and shall be connected to the source of electric power in a safe
manner.
E.
Every dwelling shall have heating facilities which are
properly installed, are maintained in safe and good working condition and
are capable of safely and adequately heating all habitable rooms, bathrooms
and water closet compartments in every dwelling unit located therein to a
temperature of at least 70º, at a distance three feet above floor level,
under ordinary minimum winter conditions.
F.
Every public hall and stairway in every multiple dwelling
containing five or more dwelling units shall be adequately lighted at all
times. Every public hall and stairway in structures devoted solely to dwelling
occupancy and containing not more than four dwelling units may be supplied
with conveniently located light switches, controlling an adequate lighting
system which may be turned on when needed, instead of full-time lighting.
G.
During that portion of each year when the Health Officer
deems it necessary for protection against mosquitoes, flies and other insects,
every door opening directly from a dwelling unit to outdoor space shall have
supplied screens and a self-closing device; and every window or other device
with openings to outdoor space, used or intended to be used for ventilation,
shall likewise be supplied with screens, provided that such screens shall
not be required during such periods in rooms deemed by the Health Officer
or Building Inspector to be located high enough in the upper stories of building
as to be free from such insects and in rooms located in areas of the village
which are deemed by the Health Officer or Building Inspector to have so few
such insects as to render screens unnecessary.
H.
Every basement or cellar window used or intended to be
used for ventilation and every other opening to a basement which might provide
an entry for rodents shall be supplied with a screen or such other device
as will effectively prevent their entrance.
No person shall occupy as owner-occupant or 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 foundation, floor, exterior wall, interior wall
or partition, ceiling and roof shall be reasonably weathertight, watertight,
rodentproof and insectproof, shall be capable of affording privacy, shall
be kept in good repair and shall comply with the following requirements:
[Amended by Ord. No. 434]
(1)
Wood surfaces. All exterior wood surfaces shall be reasonably
protected from the elements and against decay by paint or other approved protective
coating which completely covers such surfaces.
(2)
Ferrous metal surfaces. All ferrous metal surfaces shall
be properly surface coated when required to prevent deterioration.
(3)
Masonry surfaces. All masonry surfaces which have been
previously painted must be maintained and painted or have the paint removed
from such surfaces to prevent blighting effect on the surrounding neighborhood.
(4)
Decorative features. All cornices, entablatures, belt
courses, corbels, terra-cotta trim, wall facings and similar decorative features
shall be maintained in good repair with proper anchorage and in a safe condition.
(5)
Marquees, awnings and overhangs. All canopies, marquees,
awnings, stairways, fire escapes, standpipes, exhaust ducts and similar overhang
extensions shall be maintained in good repair and be properly anchored so
as to be kept in a safe and sound condition. They shall be protected from
the elements and against decay and rust by the periodic application of a weather
coating material, such as paint or other protective treatment.
(6)
Chimneys and supplied smoke pipes. Every chimney and
every supplied smoke pipe shall be adequately supported, reasonably clean
and maintained in a reasonably good state of repair.
(7)
Roof drainage. All water shall be conveyed and drained
from the roof so as not to cause dampness or damage to the exterior or interior
of the structure. Water shall be drained and directed in a manner which will
in no way damage the adjoining premises.
B.
Every window, exterior door and basement hatchway shall
be reasonably weathertight, watertight and rodentproof and shall be kept in
sound working condition and good repair.
C.
Every inside and outside stair, porch and appurtenance
thereto shall be so constructed as to be safe to use and capable of supporting
any load that normal use may cause to be placed thereon and shall be kept
in sound condition and good repair.
D.
Every plumbing fixture, water and waste pipe shall be
properly installed and maintained in good sanitary working condition, free
from defects, leaks and obstructions.
E.
Every water closet compartment floor surface and bathroom
floor surface shall be constructed and maintained so as to reasonably impervious
to water and so as to permit such floor to be easily kept in a clean and sanitary
condition.
F.
Every supplied facility, piece of equipment or utility
which is required under this chapter shall be so constructed or installed
that it will function safely and effectively and shall be maintained in satisfactory
working condition.
G.
No owner, operator or occupant shall cause any service,
facility, equipment or utility which is required under this chapter, to be
removed from or shut off from or discontinued for any occupied dwelling let
or occupied by him, except for such temporary interruption as may be necessary
while actual repairs or alterations are in process or during temporary emergencies
when discontinuance of service is approved by the Health Officer or Building
Inspector.
H.
No owner shall occupy or let to any other occupant any
vacant dwelling unit unless it is clean, sanitary and fit for human occupancy.
I.
Every basement, cellar and crawl space shall be maintained
reasonably free from dampness to prevent conditions conducive to decay or
deterioration of the structure.
[Added by Ord. No. 434]
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.
Every dwelling unit shall contain at least 150 square
feet of floor space for the first occupant thereof and at least 100 additional
square feet of floor space for every additional occupant thereof, floor space
to be calculated on the basis of total habitable room area.
B.
In every dwelling unit of two or more rooms, every room
occupied for sleeping purposes by one occupant, shall contain at least 70
square feet of floor space and every room occupied for sleeping purposes by
more than one occupant shall contain at least 50 square feet of floor space
for each occupant thereof.
C.
No dwelling or dwelling unit containing two or more sleeping
rooms shall have such room arrangements that access to a bathroom or water
closet compartment intended for use by occupants of more than one sleeping
room can be had only by going through another sleeping room; nor shall room
arrangements be such that access to a sleeping room can be had only by going
through another sleeping room or a bathroom or water closet compartment.
D.
At least 1/2 of the floor area of every habitable room
shall have a ceiling height of at least seven feet; and the floor area of
that part of any room where the ceiling height is less than five feet shall
not be considered as part of the floor area in computing the total floor area
of the room for the purpose of determining the maximum permissible occupancy
thereof.
E.
No cellar space shall be used as a habitable room or
dwelling unit.
F.
No basement space shall be used as an habitable room
or dwelling unit unless:
(1)
The floor and walls are impervious to leakage of underground
and surface runoff water and are insulated against dampness.
(2)
The total of window area in each room is equal to at least the minimum window area sizes as required in § 115-6A of this chapter.
(3)
Such required minimum window area is located entirely
above the grade of the ground adjoining such window area.
A.
Every owner of a dwelling containing two or more dwelling
units shall be responsible for maintaining in a clean and sanitary condition
the shared or public area of the dwelling and premises thereof.
B.
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 and controls.
C.
Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish in a clean and sanitary manner by placing it in the rubbish containers required by § 115-5F of this chapter.
D.
Every occupant of a dwelling or dwelling unit shall dispose of all his garbage and any other organic waste which might provide food for rodents, in a clean and sanitary manner, by placing it in the garbage disposal facilities or garbage storage containers required by § 115-5F of this chapter. It shall be the responsibility of the owner to supply such facilities or containers for all dwelling units in a dwelling containing more than four dwelling units and for all dwelling units located on premises where more than four dwelling units share the same premises. In all other cases it shall be the responsibility of the occupant to furnish such facilities or containers.
E.
Every occupant of a dwelling or dwelling unit shall be
responsible for hanging all screens and double or storm doors and windows
whenever the same are required under the provisions of this chapter or of
any rule or regulation adopted pursuant thereto, except where the owner has
agreed to supply such services.
F.
Every occupant of a dwelling containing a single dwelling
unit shall be responsible for the extermination of any insects, rodents or
other pests therein or on the premises; and every occupant of a dwelling unit
in a dwelling containing more than one dwelling unit shall be responsible
for such extermination whenever his dwelling unit is the only one infested.
Notwithstanding the foregoing provisions of this subsection, whenever infestation
is caused by failure of the owner to maintain a dwelling in a ratproof or
reasonably insectproof condition, extermination shall be the responsibility
of the owner. Whenever infestation exists in two or more of the dwelling units
in any dwelling, or in the shared or public parts of any dwelling units in
any dwelling, or in the shared or public parts of any dwelling containing
two or more dwelling units, extermination thereof shall be the responsibility
of the owner.
G.
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.
No person shall operate a rooming house, or shall occupy or let to another for occupancy any rooming unit in any rooming house except in compliance with the provisions of every section of this chapter except the provisions of §§ 115-5 and 115-6.
A.
No person shall operate a rooming house unless he holds
a valid rooming house permit issued in the name of the operator and for the
specific dwelling or dwelling unit. The operator shall apply to the Health
Officer or Building Inspector for such permit, which shall be issued upon
compliance with the applicable provisions of this chapter and of any rules
and regulations adopted pursuant thereto. This permit shall be displayed in
a conspicuous place within the rooming house, at all times. No such permit
shall be transferable. Every person holding such a permit shall give notice
in writing to the Health Officer or Building Inspector within 24 hours after
having sold, transferred, given away or otherwise disposed of interest in
or control of any rooming house. Such notice shall include the name and address
of the persons succeeding to the ownership or control of such rooming house.
Every rooming house permit shall expire at the end of one year following its
date of issuance, unless sooner suspended or revoked as provided below.
B.
Any person whose application for permit to operate a rooming house has been denied may request and shall be granted a hearing on the matter before the Health Officer or Building Inspector, under the procedure provided by § 115-3 of this chapter.
C.
Whenever upon inspection of any rooming house the Health
Officer or Building Inspector finds that conditions or practices exist which
are in violation of any provisions of this chapter or of any rule or regulation
adopted under this chapter, he shall give notice in writing to the operator
that unless such conditions or practices are corrected within a reasonable
period, to be determined by the Health Officer or Building Inspector, the
operator's rooming house permit will be suspended. At the end of such period
the Health Officer or Building Inspector shall reinspect such rooming house,
and if he finds that such conditions or practices have not been corrected,
he shall give notice in writing to the operator that the latter's permit has
been suspended. Upon receipt of notice of suspension, such operator shall
immediately cease operation of such rooming house, and no person shall occupy
for sleeping or living purposes any rooming unit therein.
D.
Any person whose permit to operate a rooming house has been suspended, or who has received notice that his permit is to be suspended unless existing conditions or practices are corrected, may request and shall be granted a hearing on the matter before the Health Officer or Building Inspector under the procedure provided by § 115-3 of this chapter. If no petition for such hearing is filed within 10 days following the day on which such permit was suspended, such permit shall be deemed to have been automatically revoked.
E.
At least one flush water closet, lavatory basin and bathtub
or shower, properly connected to a water and sewer system approved by the
Health Officer or Building Inspector and in good working condition, shall
be supplied for each eight persons or fraction thereof residing within a rooming
house, including members of the operator's family wherever they share the
use of the facilities. In a rooming house where rooms are let only to males,
flush urinals may be substituted for not more than 1/2 the required number
of water closets. All such facilities shall be so located within the dwelling
as to be reasonably accessible from a common hall or passageway to all persons
sharing such facilities. Every lavatory basin, bathtub or shower shall be
supplied with hot water at all times. No such facilities shall be located
in a basement except by written approval of the Health Officer or Building
Inspector.
F.
The operator of every rooming house shall change supplied
bed linen and towels therein at least once each week and prior to the letting
of any room to any occupant. The operator shall be responsible for the maintenance
of all supplied bedding in a clean and sanitary manner.
G.
Every room occupied for sleeping purposes by one person
shall contain at least 70 square feet of floor space, and every room occupied
for sleeping purposes by more than one person shall contain at least 50 square
feet of floor space for each occupant thereof.
H.
Every rooming unit shall have safe, unobstructed means
of egress leading to safe and open space at ground level, as required by the
laws of the state and the village.
I.
The operator of every rooming house shall be responsible
for the sanitary maintenance of all walls, floor, ceilings and in every other
part of the rooming house, and he shall be further responsible for the sanitary
maintenance of the entire premises where the entire structure or building
is leased or occupied by the operator.
J.
Every provision of this chapter which applies to rooming
houses shall also apply to hotels, except to the extent that any such provision
may be found in conflict with the laws of the state or with the lawful regulations
of any state board or agency.
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.
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 Health Officer.
(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 sanitary
facilities adequate to protect the health or safety of the occupants or of
the public.
(3)
One which because of its general condition or location
is unsanitary or otherwise dangerous to the health or safety of 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 Health Officer, shall
be vacated within a reasonable time as ordered by the Health Officer.
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 Health Officer. The Health Officer shall remove such placard whenever
the defect or defects upon which the condemnation and placarding action were
based have been eliminated.
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 above.
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 Health Officer or Building Inspector, under the procedure set forth in § 115-3 of this chapter.
F.
Proceedings under § 66.05, Wis. Stat., may
also be commenced by the Village Health Officer or Building Inspector.
Any person who shall violate any provision of this chapter, or any provisions of any rules or regulations adopted by the Health Officer or Building Inspector under this chapter, shall upon conviction be subject to a forfeiture as provided in § 1-19 of the Code.