[HISTORY: Adopted by the Town Board of the
Town of Grand Chute 1-7-1997 as
Ch. 12 of the 1997 Code. Amendments noted where applicable.]
This chapter shall be known and may be cited
and referred to as the "Minimum Standards Housing Code, Town of Grand
Chute." This chapter establishes minimum standards governing the condition
and maintenance of dwellings; establishes minimum standards governing
utilities and facilities and other conditions essential to make dwellings
safe, sanitary and fit for human habitation; fixes certain responsibilities
and duties of owners, operators and occupants of dwellings and dwelling
units; authorizes the inspection of dwellings and the condemnation
of dwellings unfit for human habitation; and provides penalties for
violations.
The provisions of this chapter shall apply to and through June 30, 1974, to all buildings or portions thereof used, or designed or intended to be used, for human habitation. Thereafter, Chapter 220, Article II, Building Regulations, shall apply to all construction and maintenance requirements of new dwellings within the Town of Grand Chute, except that this chapter shall remain in full force and effect to maintain and enforce the standards set forth herein, or in Chapter 220, Article II, as governed by the date of construction of any dwelling or dwelling unit.
Certain words or terms in this chapter are defined
for the purpose hereof as follows. Words used in the present tense
include the future; words used in the masculine gender include the
feminine and neuter; the singular number includes the plural, and
the plural number the singular; and the word "dwelling," "dwelling
unit" or "premises" includes the words "or any part thereof."
Approved by the Building Inspector.
A portion of a building located partly or wholly underground
and having 1/2 or more of its clear floor-to-ceiling height below
the average grade of the adjoining ground.
The Inspector for the Town of Grand Chute.
Any building or structure, or part thereof, which is used
or intended to be used for living or sleeping.
A 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 and cooking.
The control or 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
or trapping, by blocking their access to a dwelling, or by any other
recognized and legal pest elimination methods approved by a health
officer of the Town of Grand Chute pursuant to the appropriate ordinances.
That story of a dwelling at or next above the average grade
of adjoining ground.
The animal and/or 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 or eating purposes, excluding bathrooms,
water closet compartments, laundries, pantries, foyers or communicating
corridors, closets and storage spaces.
A portion of a building located partly underground but having
less than 1/2 of its clear floor-to-ceiling height below the average
grade of the adjoining ground.
The presence, within or around a dwelling, or in or near
waste disposal containers, of any insects, rodents or other pests.
The use of a room or rooms for combined living, sleeping
and dining purposes by individuals or groups of persons having part
of a dwelling such as stairs or halls in common but living independently
of each other and doing their cooking upon the premises, whether in
the same or in other units, as distinguished from a dwelling unit
or apartment having normal kitchen and toilet facilities.
The room or rooms occupied for light housekeeping purposes
by one individual or group of persons living independently of other
such individuals or groups.
Any dwelling containing more than two dwelling units.
Any person living, sleeping, cooking or eating in or having
possession or use of a dwelling unit.
Any legally responsible person who has charge, care or control
of a building or part thereof in which dwelling units are leased or
let.
Any legally responsible person who, alone or jointly or severally
with others:
Has legal title to any dwelling with or without
actual possession thereof; or
Has charge, care or control of any dwelling
as owner or agent of the owner or as executor, executrix, administrator,
administratrix, trustee or guardian of the estate of the owner. Any
such person thus representing the owner shall be bound to comply with
the provisions of this chapter to the same extent as if he were the
owner.
Includes any individual, firm, corporation, association or
partnership.
Water pipes, mechanical garbage disposal units, waste pipes,
water closets, sinks, installed dishwashers and clothes-washing machines,
lavatories, bathtubs, shower baths, catch basins, drains, vents and
other similar supplied fixtures, including all connections to water
or sewer 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.
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 or noncombustible waste materials, except garbage,
and the term 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, leaves,
tin cans, metals, mineral matter, glass, crockery or dust.
Paid for, arranged, furnished, or provided by or under control
of the owner or operator.
No person shall occupy or let to another for
occupancy any dwelling for the purpose of living, sleeping, cooking
or eating therein which does not comply with the requirements of this
chapter.
A.
Sink, flush water closet, lavatory basin and bathtub
or shower in dwellings.
(1)
Every dwelling unit shall contain:
(a)
A kitchen sink in good working condition, properly
connected to an approved water and sewer system.
(b)
A room or rooms affording privacy and equipped
with a flush water closet, lavatory basin, and bathtub or shower in
good working condition, properly connected to an approved water and
sewer system.
(2)
No water closet shall be of the flush hopper, frostproof
hopper, privy or similar type where a sewer system is available to
the property; where no sewer is available, then such facilities shall
be used only when approved by the Building Inspector.
B.
Access to bathrooms and water closets. Access to each
bathroom or water closet compartment shall be provided without requiring
passage through a sleeping room, bathroom or water closet compartment
of another dwelling unit.
C.
Floors and ventilation of bathrooms and water closets.
(1)
Every water closet compartment and bathroom shall
be floored with a surface which is reasonably impervious to water
and which can be easily kept in a clean and sanitary condition.
(2)
Every bathroom and water closet compartment shall be provided with windows meeting the requirements for light and ventilation of habitable rooms prescribed in § 317-6 or with an approved mechanical or gravity ventilation system affording adequate ventilation and maintained in good working condition at all times.
D.
Piped hot and cold running water.
(1)
Every kitchen sink, lavatory basin and bathtub or
shower required under this chapter shall be connected and supplied
with hot and cold running water.
(2)
Every dwelling shall have supplied water-heating facilities
which are properly installed and connected to waterlines maintained
in safe and good working condition and of sufficient capacity to supply
an adequate amount of water at every required kitchen sink, lavatory
basin, bathtub or shower at a temperature of not less than 120°
F.
A.
Window area and ventilation.
(1)
Every habitable room shall have at least one window
or skylight facing directly to the outdoors. The minimum total window
area in every sleeping room shall be 10% of the floor area of such
room but not less than 12 square feet. 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.
(2)
Every habitable room shall have at least one window
which can easily be opened or such other device as will adequately
ventilate the room. The total openable window area in every habitable
room shall equal at least 45% of the minimum window area required
by this section.
B.
Screening.
(1)
When flies or other pests are prevalent, all openable windows as required by Subsection A(2) of this section shall be effectively screened, and screen doors shall be self-closing. Screens and screen doors shall be maintained in good condition.
(2)
Every basement window used for ventilation, and every
other opening to a building which might provide an entry for rodents,
shall be supplied with a screen or such other device as will effectively
prevent their entrance.
C.
Electrical outlets. Every habitable room shall contain
at least one floor- or wall-type electric convenience outlet and one
ceiling electric lighting fixture or two electric convenience outlets,
and every water closet compartment, bathroom or hall, furnace room
or laundry room shall contain at least one wall- or ceiling-type electric
light fixture. Every electrical outlet and fixture shall be properly
installed and maintained in good and safe working condition and connected
to an approved source of electric power in a safe, approved manner.
D.
Public hall lighting. Every public hall and stairway
in every multiple dwelling shall be lighted to at least five footcandles
on the floor and stairs at all times.
E.
Heating facilities. Every dwelling shall have heating
facilities which are properly installed and vented, are maintained
in safe operating condition, and are capable of heating all habitable
rooms, bathrooms and water compartments in each dwelling unit therein
to a temperature of at least 70° F. at a distance of three feet
above floor level when the outside temperature is minus 20° F.
A.
Floor space.
(1)
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,
in addition to the floor area included in water closet compartments,
bathrooms, halls or passageways.
(2)
Every room occupied for sleeping purposes shall contain
at least 70 square feet of floor space for one occupant or 50 square
feet of floor space for each occupant if more than one.
B.
Access to sleeping rooms. No dwelling unit shall be
so located or arranged that access thereto requires passage through
a habitable room of another dwelling unit.
C.
Ceiling height of habitable rooms. At least 1/2 of
the floor area of every habitable room shall have a ceiling height
of not less than seven feet of unfinished ceiling height. The floor
area of any part of a room where the ceiling height is less than five
feet shall not be considered as part of the required floor area.
D.
Basement or half-basement occupancy.
(1)
No basement space may be used as a habitable room
or dwelling unit, except as hereinafter provided.
(a)
In one- and two-family dwellings, kitchens and
dining rooms may be located in a basement area having its floor level
not more than three feet six inches below the outside finish grade.
(b)
A basement space may be used as a living or
sleeping room or dwelling unit provided that its floor level is not
more than three feet six inches below the outside finish grade at
any point and the ceiling of such space shall not be less than four
feet above the outside finish grade at any point.
(c)
Family rooms may be located in basements or
half-basements provided that adequate ventilation is provided. In
a one- or two-family residence, any basement or half-basement space
may be used as a sleeping room by members of the immediate family
of a resident owner, but only on condition that the floors and walls
are made impervious to the leakage of underground and surface runoff
water, the space is insulated against dampness, the space to be so
used complies with all the requirements of this chapter for habitable
rooms, and access to the habitable room can be gained without passage
through a furnace room.
A.
Structural soundness.
(1)
Members. Every foundation, door, outer wall, ceiling
and roof shall be weathertight, watertight, and rodentproof, shall
be capable of affording privacy, and shall be kept in good repair.
(2)
Openings. Every window, exterior door and basement
hatchway or stairway shall be weathertight, watertight and rodentproof
and shall be kept in good working condition and repair.
(3)
Stairs and porches. Every inside and outside stair
and handrail and every porch and porch rail shall be so constructed
as to safely support the maximum load that normal use may require
and shall be kept in safe condition and good repair at all times.
The Building Inspector may require a handrail for each stair if deemed
necessary.
(4)
Handrails. Every stairway of more than three risers
must have a handrail of height corresponding to state statute requirements
and be safely enclosed to handrail height.
B.
Mechanical soundness of plumbing. All plumbing shall
be properly installed and maintained in sanitary condition, free from
defects, leaks and obstructions.
C.
Exits. Every dwelling unit shall have a safe, unobstructed
means of egress leading to safe and open space at ground level, as
required by the Wisconsin Statutes and the ordinances of the Town
of Grand Chute.
D.
Effectiveness. 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.
A.
Owner or owner-occupant responsibility. Every owner
or owner-occupant shall be responsible for the cleanliness of all
parts of a dwelling and premises shared in common by more than one
family and for provision of the following utilities and services,
except where such responsibility is assumed by an operator or an occupant
by agreement:
(1)
Provision of garbage and rubbish disposal facilities
or containers where the dwelling exceeds two units.
(2)
Extermination of insects, rodents or other pests,
except that where only one dwelling unit is infested, the occupant
of such infested unit shall be responsible for its extermination,
unless the dwelling is not maintained in a reasonably ratproof or
insectproof condition.
(3)
Provision of all facilities, utilities, services or
conditions required by this chapter.
B.
Occupant responsibility. Every occupant of a dwelling unit shall be responsible for keeping the occupied area and premises and all plumbing equipment and facilities in a clean, safe and sanitary condition at all times. Garbage and rubbish shall be disposed of or stored in proper containers in a neat and sanitary manner unless disposed of or stored by the owner or owner-occupant as provided in Subsection A above.[1]
No owner, operator or occupant shall cause any
service, facility, equipment or utility to be removed from or shut
off from or discontinued in any occupied dwelling unit let or occupied
by him, except for such temporary interruption as may be necessary
while actual repairs or alterations are in progress or during temporary
emergencies when discontinuance of service is approved by the Building
Inspector. Upon the discontinuance of gas or electric service for
cause by a public utility company or upon discontinuance of any municipal
or other service for cause, the Building Inspector shall be notified
and shall thereupon take immediate steps to have the responsible person
correct conditions leading to such discontinuance of service. This
section shall not be construed to prevent the cessation or discontinuance
of any such service upon order of the Building Inspector or any other
authorized officials.
A.
All dwellings or parts thereof which have any of the
following defects shall be deemed dangerous dwellings and shall be
condemned as unfit for human habitation:
(1)
Those whose interior or exterior bearing walls or
other vertical structural members list, lean or buckle to such an
extent as to weaken the structural support they provide.
(2)
Those which, excluding the foundation, show 33% or
more of damage or deterioration of the supporting member or members
or 50% or more of damage or deterioration of the nonsupporting enclosing
or outside walls or covering.
(3)
Those which have improperly distributed loads upon
the floors or roofs or in which the same are overloaded or which have
insufficient strength to be reasonably safe for the purpose used.
(4)
Those which have been damaged by fire, wind or other
causes so as no longer to provide shelter from the elements and which
have become dangerous to life, safety, morals or the general health
and welfare of the occupants or the people of the Town of Grand Chute.
(5)
Those which have become or are so dilapidated, decayed,
unsafe, unsanitary or vermin-infested or obsolete that they are likely
to cause sickness or disease or injury to the health, morals, safety
or general welfare of those living therein or of the people at large.
(6)
Those which lack light, air and sanitation facilities
as required by this chapter to protect the health, morals, safety
or general welfare of persons living therein.
(7)
Those which lack the facilities required by this chapter
for egress in case of fire or panic or those which have insufficient
stairways, elevators, fire escapes, or other means of ingress and
egress required herein.
(8)
Those which have parts thereof which are so attached
that they may fall and injure occupants or the public or other property.
B.
Declaration of nuisance and orders.
(1)
All dangerous dwellings or parts thereof within the terms of this chapter are hereby declared to be public nuisances and shall be vacated and repaired or demolished in accordance with the provisions of § 317-13 of this chapter.
A.
The Building Inspector is hereby authorized and directed
to make inspections to determine the condition of dwellings, dwelling
units and premises located within the Town of Grand Chute in order
to safeguard the health and safety of the occupants of such dwellings
and of the general public. For this purpose and upon showing proper
identification, the Building Inspector is authorized to enter, examine
and survey at any reasonable hour all dwellings, dwelling units and
premises, but the owner, occupant or the person in charge thereof
may give the Building Inspector free access thereto for the purpose
of such inspection or require a warrant to accomplish the same.
B.
Every occupant of a dwelling shall give the owner
thereof or his agent or employee access to any part of such dwelling
or its premises at any reasonable hour for the purpose of making any
repairs or alterations which are necessary to effect compliance with
the provisions of this chapter or any lawful order issued pursuant
thereto.
C.
No officer, agent or employee of the Town of Grand
Chute shall be personally liable for any damage that may accrue to
persons or property as a result of any act required or permitted in
the discharge of his duties under this chapter. Any suit brought against
any officer, agent or employee of the Town of Grand Chute as a result
of the proper discharge of his duties under this chapter shall be
defended by the Town of Grand Chute Town Attorney until final determination
of the proceedings therein.
A.
Notices of violation.
(1)
Contents of notice.
(a)
Whenever the Building Inspector determines that
there has been a violation of any provision of this chapter he shall
give notice of such violation to the person or persons responsible
therefor and order compliance with this chapter as hereinafter provided.
Such notice and order shall be in writing on an appropriate form and
shall include:
(b)
Such notice and order shall be served upon the
owner, occupant or agent in person; provided, however, that the notice
and order shall be deemed to be properly served if such owner, occupant
or agent is sent a copy thereof by registered mail to his last known
address and a copy is posted in a conspicuous place in or on the dwelling
affected.
(2)
Whenever the Building Inspector determines that a dwelling is a dangerous dwelling as defined in § 317-11, he shall:
(a)
Affix upon the door or entrance to such dwelling
a printed placard declaring that such dwelling is unfit for human
habitation and is ordered vacated. No person shall deface or remove
such placard from any dwelling which has been condemned as unfit for
human habitation and placarded as such. The Building Inspector shall
remove the placard whenever the defect or defects upon which the condemnation
and placarding were based have been eliminated.
(b)
Serve notice, as provided herein, to the owner and occupant or lessee of any building found by him to be a dangerous dwelling within the standards set forth in § 317-11 that the owner must vacate and repair or demolish said building in accordance with the terms of the notice and this chapter, and the occupant or lessee must vacate said building or, with the consent of the owner, may have it repaired in accordance with the notice and order and remain in possession.
B.
Hearings.[1]
(1)
Any person affected by a notice and order issued in
connection with the enforcement of this chapter may request and shall
be granted a hearing on the matter before the Town Board, provided
that such person shall file in the office of the Building Inspector
a written petition requesting the hearing and setting forth his name,
address, telephone number and a brief statement of the grounds for
the hearing or for the mitigation of the order. Such petition shall
be filed 30 days after the date the notice and order are served. Upon
receipt of the petition, the Building Inspector shall set a time and
place for a hearing before the Town Board and shall give the petitioner
written notice thereof. Said hearing shall be held within 30 days
after a petition has been filed, and the petitioner shall be given
an opportunity to be heard and to show cause why the notice and order
should be modified or withdrawn. The failure of the petitioner or
his representative to appear and to state his case at such hearing
shall have the same effect as if no petition were filed.
(2)
After the hearing, the Town Board, by a majority vote,
shall sustain, modify or withdraw the notice, depending on its findings
as to whether the provisions of this chapter have been complied with,
and the petitioner and the Building Inspector shall be notified within
10 days in writing of such findings.
(3)
The proceedings of the hearing, including the findings
and decision of the Town Board and the reasons therefor, shall be
summarized in writing and entered as a matter of public record in
the office of the Building Inspector. Such record shall also include
a copy of every notice and order issued in connection with the case.
C.
Orders to vacate.
(1)
Where a notice of violation and order to comply have
been served pursuant to this chapter and, upon reinspection at the
end of the time specified for compliance, if no petition for a hearing
has been filed, it is found that the violation or violations have
not been remedied, the Building Inspector may order the dwelling,
or parts thereof affected by the continued violations, vacated in
accordance with the following procedure:
(a)
Dwellings shall be vacated within a reasonable
time, not to exceed 60 days.
(b)
Vacated dwellings shall have all outer doors
firmly locked and basement, cellar and first- and second-story windows
barred or boarded to prevent entry.
(c)
Vacated dwellings shall not again be used for
human habitation until written approval is secured from the Building
Inspector.
(2)
If a dwelling or part thereof is not vacated within
the time specified in the order of vacation, the Building Inspector
shall seek a court order in a court of competent jurisdiction for
the vacation of such dwelling or part thereof.
D.
Emergency order. Whenever the Building Inspector finds that an emergency exists which requires immediate action to protect the health and safety of the residents or of the public, he may issue an order so stating, and notwithstanding any other provision of this chapter such order shall take effect and shall be complied with immediately. Upon petition to the Town Board, the petitioner shall be afforded a hearing pursuant to Subsection B of this section.[2]
E.
Vacation and demolition.
(1)
If the owner, occupant, or lessee fails to comply
with the order of the Building Inspector or the action of the Town
Board after hearing, the Building Inspector shall cause such dwelling
or part thereof to be vacated and repaired or demolished as the facts
may warrant and shall, with the assistance of the Town of Grand Chute
Town Attorney, cause the costs of such repair or demolition to be
charged against the land on which the building existed as a municipal
lien or to be recovered in a suit at law against the owner.[3]
(2)
In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless a dangerous dwelling as defined herein is immediately vacated and repaired or demolished, the Building Inspector shall cause its immediate vacation and repair or demolition. The costs of such emergency repair or demolition shall be collected in the same manner as provided in Subsection E(1) above.[4]
Violation of the provisions of this chapter
or failure to comply with any of its requirements shall constitute
a forfeiture. Any person who violates any provision of this chapter
or fails to comply with any of its requirements shall, upon conviction
thereof, be fined as provided in the Uniform Forfeiture and Bond Schedules
and, upon failure to pay such forfeiture, be imprisoned in the county
jail for a period not to exceed 30 days, until the forfeiture is paid,
and in addition shall pay all costs and expenses involved in the case.
Each day such violation continues shall be considered a separate offense.
The provisions of this chapter shall be held
to be the minimum requirements to protect the health, safety, morals
and welfare of the people of the Town of Grand Chute, and where this
chapter imposes greater requirements than imposed by other provisions
of law or ordinance this chapter shall control.
