[Ord. No. 99-5, § I, 3-22-1999]
The City recognizes a need for an organized inspection program
of residential rental units within the City in order to upgrade and
maintain the condition of rental units so that they meet and comply
with all provisions of the Code of Ordinances as well as all applicable
safety, health, fire, building and construction requirements promulgated
by the state. The City also desires to provide a more efficient system
for compelling both absentee and local landlords to correct violations
and to maintain, in proper condition, rental property within the City.
The City recognizes that the most efficient system to provide for
rental inspections is the creation of a program requiring the registration
of all residential rental units within the City so that orderly inspection
schedules can be made by City officials.
[Ord. No. 99-5, § I, 3-22-1999]
As used in this article, the following terms shall have the
following meanings, unless the context clearly indicates that a different
meaning is intended:
The City of Lake Geneva, County of Walworth, Wisconsin.
A single unit providing complete independent living facilities
for one or more persons including permanent provisions for living,
sleeping, eating, cooking and sanitation.
MULTIFAMILY DWELLINGA building or portion thereof containing two or more dwelling units, including a duplex;
BOARDINGHOUSE, ROOMING HOUSE, LODGING HOUSE AND TOURIST HOUSEA building arranged or used for the lodging, with or without meals, for compensation, by individuals who are not members of the same family;
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
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.
A person or entity which occupies, or has the right to occupy,
any room or rooms in a hotel or motel, or a dwelling unit, rooming
unit or dwelling, for at least 30 or more consecutive days, without
an intervening occupancy interval of less than 30 days.
Any natural individual, firm, partnership, association, joint-stock
company, joint venture, public or private corporation, limited liability
company, or receiver, executor, trustee, conservator or other representative
appointed by order of any court.
A lot, plot or parcel of land including the buildings or
structures thereon.
Any building containing a dwelling unit, rooming unit or
dwelling.
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.
[Ord. No. 99-5, § I, 3-22-1999]
No person shall hereafter occupy, allow to be occupied or let
to another person for occupancy any property within the City for which
a registration statement has not been properly made and filed with
the Building Inspector. Registration shall be made upon forms furnished
by the Building Inspector of the City for such purpose and shall specifically
require the following minimum information:
(1)
Name, address and phone number of the property owner and all persons
or entities having any ownership interest in the property;
(2)
Name, address and phone number of the designated local property manager
if the property owner or owners live outside the City;
(3)
The street address of the property;
(4)
The number and types of units within the property;
(5)
The maximum number of occupants permitted for each dwelling unit,
rooming unit or dwellings in accordance with the applicable provisions
of the Code of Ordinances; and
(6)
The name, phone number and address of the person authorized to make,
order or direct repairs or services for the property, if in violation
of City or state codes, if the person is different than the owner,
owners or local manager;
(7)
Name, address and phone number of any and all person(s), entities
or financial or other lending institution(s) having any interest in
the property, and a detailed description of the type of all such interests
held in the property by such person(s), entities or financial or other
lending institution(s).
[Ord. No. 99-5, § I, 3-22-1999]
The registration must be made on or before January 1 of each
even numbered year commencing January 1, 2000, by the property owner(s)
or designated local property manager in the office of the Building
Inspector of the City. Registration shall be required prior to the
issuance of any building permits relating to the property.
[Ord. No. 99-5, § I, 3-22-1999]
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) shall be required to furnish to the Building Inspector
the new owner's or owners' name, address and phone number and the
name, address and phone number of the new owner's or owners' duly
designated local manager before closing or taking possession of the
property. A new registration statement will be required from the new
owner(s).
[Ord. No. 99-5, § I, 3-22-1999]
A registration fee of $5 shall be charged for registrations
required under this article.
[Ord. No. 99-5, § I, 3-22-1999]
(a)
All dwelling units, rooming units, dwellings, boardinghouses, rooming
houses, lodging houses, tourist houses and hotels that rent to permanent
residents and dormitories shall be inspected systematically in compliance
with this article and all other applicable laws.
(b)
These inspection requirements are not intended to conflict with licensing
and inspection requirements promulgated by the state.
(d)
Where a nonresidential business or activity, or a state licensed
and inspected use occupies a portion of a building and premises, which
would be otherwise subject to this article, the provisions of this
article shall be applicable to the residential and common or public
areas of such building and premises.
[Ord. No. 99-5, § I, 3-22-1999]
[Ord. No. 99-5, § I, 3-22-1999]
No person shall rent, let or let for occupancy any dwelling
unit, rooming unit or dwelling without having a valid, current certificate
of inspection for that dwelling unit, rooming unit or dwelling.
[Ord. No. 99-5, § I, 3-22-1999]
(a)
If, upon completion of the inspection, the premises or property is
found to be in compliance with all applicable provisions of the Code
of Ordinances, and the appropriate fee(s) has been paid, the City
shall issue a certificate of inspection for the property;
(b)
If, upon completion of the inspection, the premises or property is
found to be in violation of one or more provisions of all applicable
provisions of the Code of Ordinances, the City shall provide written
notice of such violations and shall set a reinspection date before
which such violation(s) shall be corrected. If such violation(s) has
been corrected within that period, the City shall issue a certificate
of inspection for the property. If such violation(s) has not been
corrected within that period, the City shall not issue the certificate
of inspection and may take any action necessary to enforce compliance
with all applicable provisions of this article and the Code of Ordinances.
If such uncorrected violation(s) does not pose an immediate threat
to the health, safety, and welfare of the occupants or other residents
of the City, the Building Inspector or the Building Inspector's designee
may authorize the occupancy of the premises for a period not to exceed
60 days.
[Ord. No. 99-5, § I, 3-22-1999]
The owner(s) of any property subject to this article may request
inspections of said property at any time.
[Ord. No. 99-5, § I, 3-22-1999]
[Ord. No. 99-5, § I, 3-22-1999]
A certificate of inspection issued pursuant to this article
shall not be transferable to succeeding owners.
[Ord. No. 99-5, § I, 3-22-1999]
Upon the request of an existing or prospective tenant, the owner(s)
or the duly designated agent or local manager shall produce the certificate
of inspection for review.
[Ord. No. 99-5, § I, 3-22-1999]
If the Building Inspector determines that any owner(s) has failed
to comply with this article or any applicable provision of the Code
of Ordinances, after having given that person written notice of said
violation(s) and an opportunity to correct said violation(s), the
Building Inspector may suspend or revoke the certificate of inspection
held by such owner(s).
[Ord. No. 99-5, § I, 3-22-1999]
(a)
There is hereby established the following fee schedule for each inspection
required by this article:
|
Number of Units Within a Structure
|
Fee
| |
|---|---|---|
|
1
|
$30
| |
|
2
|
$20
| |
|
Plus per each additional unit over 2
|
$10
|
(b)
There is hereby established the following fee schedule for reinspection
required by this article which is necessitated by the existence of
a violation(s) of this article ascertained during an inspection:
(c)
The units enumerated above shall include units used or occupied by
the owner or the owner's representative(s).
(d)
Where a property does not have a current certificate of inspection,
then for purposes of calculating the fee therefor, the first required
inspection date for the property shall be deemed the first inspection.
(e)
For purposed of this section that term "unit" shall mean dwelling
unit, rooming unit, or dwelling.
[Ord. No. 99-5, § I, 3-22-1999]
Any violation of this article is hereby declared to be a nuisance.
In addition to any other relief provided by this article, or the Code
of Ordinances, the City Attorney may apply to a court of competent
jurisdiction for an injunction to prohibit the continuation of any
and all violations of this article. Such application for relief may
include seeking a temporary restraining order, temporary injunction
and permanent injunction. The City Attorney may request and receive,
on behalf of the City, 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 article. All such penalties or awards
to the City related to a violation(s) of this article may be applied
as a special assessment or lien against the property for collection
by the City.
[Ord. No. 99-5, § I, 3-22-1999]
Any person, firm or corporation violating any provision of this
article 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.
