[HISTORY: Adopted by the Village Board of
the Village of Greendale as Ch. 22 of the Code of Ordinances. Amendments
noted where applicable.]
Whenever the Director of Inspection Services
finds any building or part thereof within the Village to be in his
judgment so old, dilapidated or so out of repair as to be dangerous,
unsafe, unsanitary or otherwise unfit for human habitation, occupancy
or use, and so that it would be unreasonable to repair the same, he
shall order the owner to raze and remove such building or part thereof
or, if it can be made safe by repairs, to repair and make safe and
sanitary or to raze and remove at the owner's option. Such order and
proceedings shall be as provided in § 66.0413, Wis. Stats.
(1)
The provisions of this chapter shall apply to all
structures in the Village containing one or more rental dwelling units
and to all dwelling units which are either rented for human habitation
or permitted by the owner thereof to be occupied for human habitation
by the owner or a person other than the owner.
(2)
This chapter establishes minimum standards for the
human habitation or occupancy of premises in the Village and does
not replace or modify the standards otherwise established for the
construction, replacement or repair of buildings contained in the
Building Code,[1] except such as are in conflict with the provisions of
this chapter.
The following definitions shall apply only in the interpretation and enforcement of § 22.02:
Approved by or in accordance with regulations under this
chapter, enforced and interpreted by the Director of Inspection Services
or others as indicated elsewhere in this chapter.
A story having part but not more than 1/2 of its floor-to-clear-ceiling
height below the average finished ground grade adjoining the building
walls. When a basement is used for storage garages for use of occupants
of the building, or facilities common for the operation of the rest
of the building, other than facilities for dwelling or lodging, it
shall not be counted as a story.
A habitable room within the dwelling unit which is used or
intended to be used primarily for the purpose of sleeping.
A story having more than 1/2 of the floor-to-clear-ceiling
height below the average finished ground grade at the building walls.
A cellar is not included in computing the number of stories for the
purpose of height measurement.
The official of the Village appointed and designated as the
Director of Inspection Services.
A suite of habitable rooms occupied by or intended to be
occupied by not more than one family as a residence and forming a
single habitable unit with cooking, living, sanitary and sleeping
facilities.
The official of the Village appointed and designated as the
Village Engineer.
One or more persons occupying a dwelling unit as a single,
nonprofit housekeeping unit, who are living together as a bona fide
stable and committed living unit, being a traditional family or the
functional equivalent thereof, exhibiting the generic character of
a traditional family.[1]
Every room in any building in which persons sleep, eat or
carry on their usual domestic or social vocations or avocations, but
shall not include private laundries, bathrooms, toilet rooms, pantries,
storerooms, corridors, rooms for mechanical equipment for service
in the building or other similar spaces not used by persons frequently
or during extended periods.
The official of the Village appointed and designated as the
Public Health Administrator/Health Officer.
Any person, firm or corporation who or which, alone or jointly
or severally with others, shall own or have charge, care or control
of any dwelling unit within the Village as owner, lessee, employee
or agent of the owner, or as trustee or guardian of the estate, or
person of the title holder, and all such other persons shall be bound
to comply with the provisions of this chapter to the same extent as
the owner.
All premises which are actually rented under verbal or written
lease to one or more tenants, and also the use of the premises by
one or more persons other than the owner or owners thereof, who may
be permitted by such owner to occupy such premises rent free or without
consideration being paid to the owner or owners for such use.
[1]
Editor's Note: Amended at time of adoption
of Code (see Code Adoption Ordinance).
No person shall occupy as owner or 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:
(1)
Every habitable room, kitchen, bathroom and toilet
room shall have a window or windows with a total glass area equal
to at least 8% of its floor area unless in the opinion of the Director
of Inspection Services the structure of the building precludes the
use of windows, in which case other means of lighting and ventilation
approved by the Director of Inspection Services may be used. Such
windows shall open onto a street, alley, yard, court or easement open
to the sky. Such window or windows shall be so constructed that at
least 1/2 may be fully opened and so that the sash can be opened and
securely closed. Approved mechanical ventilation may be substituted.
(2)
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 such hall and stairway and
if such 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 an adequate lighting system which may be turned
on when needed, instead of full-time lighting. Adequate bulbs shall
be provided in every public hall and on every public stairway so that
a minimum of two footcandles of light is delivered to all parts in
the public hall or stairway.
(3)
At least one window in each bedroom, bathroom and
kitchen 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, mechanical ventilation.
(4)
Every kitchen and habitable room within every dwelling and/or dwelling unit shall contain at least two separate wall-type electric convenience outlets or one such convenience outlet and one supplied ceiling or wall-type electric light fixture. 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 and shall be connected with the source of electric power in conformance with Chapter 16, Electrical Code. These may be serviced by approved wiring.
(5)
Each dwelling unit shall have supplied heating facilities
and such facilities shall be properly installed, be maintained in
reasonably good working condition and be capable of adequately heating
all habitable rooms, bathrooms and toilet rooms contained therein
where intended for use by the occupants thereof to a temperature of
at least 68° F. at a distance of three feet above floor level
when the outdoor temperature is at 10° below 0° F. Every supplied
central heating system shall comply with the following requirements:
No person shall occupy as owner-occupant or
let to or offer to let to another for occupancy any dwelling unit
or portion thereof for the purpose of living therein which does not
comply with the following requirements:
(1)
Every foundation, exterior wall and roof shall be
reasonably weathertight and rodentproof and shall be kept in a good
state of maintenance and repair.
(2)
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.
(3)
All rainwater shall be so drained and conveyed from
every roof so as not to cause dampness in the walls, ceiling or floors
of any habitable room, bathroom or toilet room.
(4)
Every window, exterior door and basement hatchway
shall be reasonably weathertight and rodentproof and shall be kept
in reasonably good working condition and a reasonably good state of
maintenance and repair.
(5)
All exterior surface shall be protected from the elements
and against decay and deterioration by paint or by other approved
protective coating applied in workmanlike fashion.
(6)
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 kept in sound condition and
reasonably good state of maintenance and repair.
(7)
Every supplied plumbing fixture and water and waste
pipe shall be properly installed and maintained in good, sanitary
working condition.
(8)
Every chimney and every supplied smoke pipe shall
be adequately supported, reasonably clean and maintained in a reasonably
good state of repair.
(9)
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.
(10)
Every supplied facility, piece of equipment or utility
which is required under this chapter shall be so constructed or installed
that it shall function properly and shall be maintained in reasonably
good working condition.
(11)
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 from, shut off from 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 the process of being
made.
(12)
Every owner of a building containing one or more dwelling
units shall be responsible for the extermination of insects, rodents
or pests on the premises. Wherever infestation exists in any of the
dwellings 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.
(13)
Every owner of a dwelling containing two or more dwelling
units shall be responsible for maintaining in a reasonably clean,
sanitary condition all communal, shared or public areas of dwellings
or premises thereof which are used or shared by the occupants of two
or more dwelling units.
(14)
No owner shall occupy, 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.
(15)
A written contract assigning any or all of the above
responsibilities to the occupant shall be deemed sufficient to place
the responsibilities of this section upon the occupant.
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:
(1)
No dwelling unit shall be occupied by more than one
family (including two occupants who are not related to the family).
(2)
At least 1/2 of the floor area of every habitable
room shall have a ceiling height of not less than seven feet six inches,
and the floor area of that part of any room where the ceiling height
is less than seven feet six inches shall not be considered as part
of the floor area in computing the total area of the room for the
purpose of determining the maximum permissible occupancy or habitable
area.
(3)
Every dwelling unit shall contain at least 160 square
feet of floor space for the first occupant thereof and at least 100
square feet of additional floor space for every additional occupant.
(4)
No dwelling or dwelling unit containing two or more
sleeping rooms shall have such room arrangement that access to a bathroom
or toilet room intended for use by occupants of more than one sleeping
room can be had only by going through another sleeping room, nor shall
such room arrangements exist that access to a sleeping room can be
had only by going through another sleeping room or bathroom or a toilet
room.
(5)
In every dwelling unit at least one room occupied
for sleeping purposes by one or more occupants shall contain at least
100 square feet of floor space, and every room occupied for sleeping
purposes by more than one occupant shall contain at least 40 square
feet of floor space for each occupant thereof.
(6)
Every occupant of every dwelling unit shall have unrestricted
access to a toilet and to a kitchen sink or lavatory basin located
within the dwelling unit.
(7)
No basement or cellar space shall be used as a habitable
room or dwelling unit unless:
(a)
The floor and walls are impervious to leakage of underground
and surface runoff water and are insulated against dampness.
(b)
The total window area in each room is equal to at least the minimum window area sizes as required in § 22.04(1).
(c)
Such required minimum window area is located entirely
above the ground adjoining such window area.
No owner shall permit any nondwelling structure
or fence to exist on any premises or maintain any premises which does
not comply with the following requirements:
(1)
All exterior surfaces of nondwelling structures shall
be properly protected from the elements and against decay and decomposition
by paint or other approved protective coating applied in a workmanlike
manner.
(2)
Every fence shall be kept in a good state of maintenance
and repair or shall be removed. Chain link fences shall be coated
with vinyl or another coating acceptable to the Village to prevent
maintenance problems.
(3)
Every lot shall be graded and maintained so that all
water is diverted away from buildings and drained from the lot and
so as to prevent standing water and soil saturation detrimental to
structures and lot use.
(4)
Any driveway area crossing any public right-of-way
shall be paved within two years after an occupancy permit is issued
or within one year after the public road serving the property is completed,
whichever event occurs later, with a permanent-type surface which
shall consist of either seven inches of concrete or 2 1/2 inches of
bituminous concrete on six inches of crushed stone base.
(5)
All open spaces on areas containing a dwelling unit
for which an occupancy permit has been issued shall be put into a
lawn (except for such areas set aside for trees, shrubbery and gardens)
within two years after an occupancy permit has been issued.
(6)
Every premises and/or lawn thereon shall be maintained
in a presentable and reasonably well kept condition.
Any person who shall violate any provision of this chapter or any regulation, rule or order made hereunder shall be subject to a penalty as provided in § 25.04 of this Code. Each violation and each day a violation continues or occurs shall constitute a separate offense. This section shall not preclude the Village from maintaining any appropriate action to prevent or remove a violation of this chapter.
