[HISTORY: Adopted by the Board of Trustees of the Village of Darien by Ord. 251, 2008; amended in its entirety 11-19-2018 by Ord. No. 305. Subsequent amendments noted where applicable.]
The Village of Darien recognizes a need for an organized registration and inspection program of residential rental units within the Village in order to maintain the condition of such residential rental units so that they meet and comply with all provisions of the Village of Darien Municipal Code as well as all applicable safety, health, fire, building and construction requirements promulgated by the State of Wisconsin. The Village Board finds that a significant percentage of code complaints and violations occur at residential rental dwelling units and that the conditions which exist at these units adversely affect the neighbors and neighborhoods in which they are located. This chapter is enacted to encourage property owners who own and operate residential rental dwelling units to exercise their responsibility to ensure that the Village ordinances governing the condition and maintenance of residential rental dwelling units are followed to protect the health, safety and welfare of the public, prevent blighted conditions within the Village and provide safe, decent and sanitary living conditions for tenants.
As used in this chapter, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
BUILDING INSPECTOR
The Building Inspector shall include the official Building Inspector as designated by the Village Board or the individual designated by the Village Board to enforce this section of the Municipal Code.
DWELLING UNIT
A room or group of rooms providing or intending to provide complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, including single-family attached and detached units.
DWELLLINGS
A. 
SINGLE-FAMILY DETACHED DWELLING UNITA dwelling designed for and occupied by not more than one family and having no roof, wall, or floor in common with any other dwelling unit. This dwelling unit type consists of a fully detached single-family residence which is located on an individual lot or within a group development. The dwelling unit must be a site building structure built in compliance with the State of Wisconsin Uniform Dwelling Code (UDC), or may be a manufactured dwelling (modular home) as permitted by the UDC or a manufactured home as permitted by the HUD code. For any of these dwelling units, the use of permanent, continuous UDC foundation is required. This dwelling unit may not be split into two or more residences;
B. 
COMMERCIAL APARTMENTCommercial apartments are dwelling units which are located above the ground floor of a building used for a commercial land use (as designated in Chapter 17.12) most typically an office or retail establishment. See Section 17.20.020 of the Village of Darien Zoning Ordinance;
C. 
MULTIFAMILY DWELLINGA building or portion thereof containing two or more residential rental units, including apartments, duplexes, twin houses, townhouses, two-flat houses, and multiplexes as defined in Section 17.02.070 of the Village of Darien Zoning Ordinance;
D. 
BOARDINGHOUSE, ROOMING HOUSE, LODGING HOUSE and TOURIST HOUSEA building arranged or used for lodging, with or without meals, for compensation, by individuals who are not members of the same family;
E. 
DORMITORYA space in a building where sleeping accommodations are provided for more than one person not members of the same family group, in one room; and
F. 
HOTELA room or rooms in any building or structure kept, used, maintained, advertised or held out to the public to be an inn, motel, apartment, hotel, lodging house, boardinghouse, rooming house, tourist house, dormitory or place where sleeping, rooming, office, conference or exhibition accommodations are furnished for lease or rent, whether with or without meals.
HABITABILITY VIOLATION
Any of the following conditions is in violation of one of more provisions of any applicable provisions of the Village of Darien Municipal Code:
A. 
The rental property or rental unit lacks hot or cold running water.
B. 
The heating facility serving the rental property or rental unit is not in safe operating condition or is not capable of maintaining a temperature, in all living areas of the property or unit, at least 67° F. during all seasons of the year in which the property or unit may be occupied. Temperatures and living areas shall be measured at the approximate center of the room, midway between floor and ceiling.
C. 
The rental property or rental unit is not served by electricity, or the electrical wiring, outlets, fixtures, or other components of the electrical system are not in safe operating condition.
D. 
Any structural or other conditions in the rental property or rental unit that constitute a substantial hazard to the health or safety of the tenant, or create an unreasonable risk of personal injury as a result of any reasonably foreseeable use of the property or unit other than negligent use or abuse of the property or unit by the tenant.
E. 
The rental property or rental unit is not served by plumbing facilities in good operating condition.
F. 
The rental property or rental unit is not served by sewage disposal facilities in good operating condition.
G. 
The rental property or rental unit lacks working smoke detectors or carbon monoxide detectors.
H. 
The rental property or rental unit is infested with rodents or insects.
I. 
The rental property or rental unit contains excessive mold.
PERMANENT RESIDENT
A person or entity which occupies, or has the right to occupy, any room or rooms in a hotel or motel, or any residential rental unit, for at least 30 or more consecutive days, without an intervening occupancy interval of less than 30 days.
PERSON
A natural individual, firm, partnership, association, joint stock company, joint venture, public or private corporation, limited liability company, or receiver, executor, trustee, conserver or other representative appointed by order of any court.
PROPERTY
Any building or dwelling containing one or more residential rental units under one ownership or each residential rental unit if under separate ownership.
PROPERTY OWNER
Any person who alone or jointly or severally with others shall be the legally recorded holder of the title with or without actual possession thereof, or who has charge, care or control of any dwelling unit as agent or owner or as executor, administrator, trustee or guardian of the estate of the owner. The term "property owner" shall also include the legally recorded holder of a land contract vendee interest.
RESIDENTIAL RENTAL UNIT
A dwelling unit, rooming unit or dwelling which is rented for occupancy or made available for occupancy on a rental basis, to a permanent resident who is not the owner of such dwelling unit or rooming unit.
ROOMING UNIT
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.
VILLAGE
The Village of Darien, County of Walworth, Wisconsin.
No owner shall rent any dwelling unit to another person unless, at the time the dwelling unit is rented, the owner has properly made and filed with the Building Inspector a registration statement in accordance with the provisions of this chapter. Registration shall be made upon forms furnished by the Building Inspector of the Village for such purpose and shall specifically require the following minimum information:
A. 
Name, address, phone number, and electronic mail address of the property owner or authorized contact person;
B. 
The street address of the property.
Property owner(s) must register each property used as a residential rental unit in the office of the Building Inspector of the Village once. If any of the information required in Section 15.18.030 changes, the property owner(s) must complete and submit a new registration form with the updated information within 30 days of the change. Registration shall be required prior to the issuance of any building permits relating to the property.
Every new owner(s) of property (whether as fee owner or land contract purchaser or upon conveyance or transfer of any interest in the property) subject to the registration requirements set forth in Section 15.18.030 shall be required to complete and submit a new registration form for the property within 30 days of closing or taking possession of the property.
Pursuant to Section 66.0104(2)(e)1m Wis. Stats., the Village may establish a district that has demonstrated evidence of blight, high rates of building code complaints or violations, deteriorating property values, or increases in single-family home conversions to rental units, in which residential rental units shall be initially and periodically inspected. The Village hereby established this district to include all property located within the Village limits.
A. 
All residential rental units, commercial apartments, boardinghouses, and dormitories or hotels that rent to permanent residents and dormitories located in the district established in Section 15.18.060 of this chapter shall be initially and periodically inspected.
B. 
Any residential rental unit may be inspected on a complaint basis. Complaints may come from the property owner, the tenant, the Building Inspector, the Police Department, or any member of the public. Inspections shall be completed in a manner prescribed by the Building Inspector, in compliance with this chapter and all other applicable laws.
C. 
These inspection requirements are not intended to conflict with licensing and inspection requirements promulgated by the State of Wisconsin.
D. 
The provisions of this section shall not apply to:
1. 
Dormitories owned and/or operated by a government agency;
2. 
Boardinghouses, dormitories, and hotels that do not rent to permanent residents;
3. 
Nursing homes.
E. 
Where a nonresidential business or activity, or a state-licensed and -inspected use occupies a portion of the building and premises, which would be otherwise subject to this chapter, the provisions of this chapter shall be applicable to the residential and common or public areas of such building and premises.
F. 
For new construction or significant remodels, which require an occupancy permit to reoccupy, containing residential rental units, the Building Inspector may conduct an inspection in accordance with this chapter in conjunction with or simultaneously with any inspections relating to the issuance of an occupancy permit pursuant to Village codes. Upon satisfactory completion of such inspections, the Building Inspector shall issue a certificate of inspection. In such instances there shall be no inspection fee required.
A. 
All property subject to systematic inspection shall be inspected not less than once every five years unless otherwise provided in this chapter;
B. 
Neither the common areas nor the residential rental units or rooming units in structures newly constructed shall be further inspected after the completion and issuance of a certificate of occupancy for a period of eight years from the date of said certificate unless a complaint is made thereof. Thereafter said areas and units shall be inspected in accordance with the requirements of this chapter; and
C. 
Nothing in this section shall preclude the inspection of said dwellings more frequently than once every five years, or upon complaint of any person. Said inspection shall be completed pursuant to the inspection procedure set forth in this chapter.
A. 
If, upon completion of an inspection, the condition of a property constitutes a habitability violation, which violated one or more applicable provisions of the Village of Darien Municipal Code, the Village shall provide the property owner or his or her designated local property manager with written notice of such violations and shall set a reinspection date of not less than 30 days, unless the habitability violation exposes a tenant to imminent danger, before which such violation(s) shall be corrected. If such violation(s) has not been corrected within that period, the Village may take any action necessary to enforce compliance with all applicable provisions of this chapter and the Village of Darien Municipal Code.
B. 
If no habitability violation is discovered during a program inspection or if a habitability violation is discovered during a program inspection and the violation is corrected within a period of not less than 30 days or date established by the Village, the Village will not perform the program inspection of the property for at least five years.
C. 
If a habitability violation is discovered during a program inspection or upon a complaint and the violation is not corrected within the period established by the Village, the Village shall require the rental property to be inspected annually under this program.
D. 
Any property subject to any program inspections under this chapter which has not had a habitability violation during two consecutive annual program inspections shall not be subject to further inspection by the Village for at least five years other than complaint.
All properties within the Village, including residential rental dwelling units, shall remain subject to inspection complaints. The Department shall inspect residential rental dwelling units based on tenant or citizen complaints.
A. 
Inspection and reinspection fees shall be set by resolution of the Village Board and will be charged based on the following criteria:
1. 
An initial inspection fee will be charged if habitability violations have not been corrected within 30 days of the initial inspection.
2. 
An initial inspection fee for a vacant unit and/or building (common area) will be charged if habitability violations are not corrected within 30 days of the initial inspection.
3. 
First, second, and all subsequent reinspections will result in reinspection fees being charged per unit and per inspection. These fees will increase 2% annually as permitted by state law.
B. 
Inspection and reinspection fees shall not apply to the dwelling unit(s) used or occupied by the owner but shall apply to the unit(s) used or occupied by the owner's local property manager.
C. 
Any fees referenced in this section are to be charged on or after the inspection is actually performed.
D. 
For the purposes of this section, an inspection shall be considered performed if the Village attempts the inspection but is not able to complete the inspection due to the failure of the owner or property manager to show up for the inspection, or due to the property manager's or owner's failure to notify the tenant.
Any violation of this chapter is declared to be a nuisance as defined by the Village of Darien Municipal Code and/or Wisconsin Statutes. In addition to any other relief provided by this chapter, or the Village of Darien Municipal Code, the Village Attorney may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any and all violations of this chapter. Such application for relief may include seeking a temporary restraining order, temporary injunction and permanent injunction. The Village Attorney may request and shall be entitled to receive, on behalf of the Village, reimbursement for any and all costs and expenses, including reasonable attorney fees, related to such injunction proceedings and any other enforcement action or litigation related to or arising from a violation(s) of this chapter. The Village may apply all such penalties or costs and expenses awarded to the Village by a court of competent jurisdiction related to a violation(s) of this chapter as a special assessment or lien against the property for collection.
The provisions of this chapter are severable. If any provision of this chapter or the application thereof to any person or circumstance is held or determined to be invalid, such invalidity shall not affect any other provisions or applications of this chapter which can be given effect without the invalid provisions or application.
Any person determined by a court of competent jurisdiction to have violated any provision of this chapter shall be fined not less than $25 nor more than $1,000 plus court costs and expenses, including reasonable attorney fees, for each offense, and a separate offense shall be deemed committed on each day during or on which a violation(s) occurs or continues.