[HISTORY: Adopted by the Town Board of the Town of Ledgeview 8-17-2010 by Ord. No.
2010-010. Amendments noted where applicable.]
This chapter is adopted for the purpose of preserving and promoting
the public health, safety and welfare of the people of the Town of
Ledgeview. This includes protection of the physical, aesthetic, spiritual
and monetary value of the people, property and environment in the
Town of Ledgeview. The Town Board hereby finds that there may now
be, or may in the future be, residential and nonresidential buildings,
structures, yards or vacant areas and combinations thereof which are
so dilapidated, unsafe, dangerous, unhygienic, overcrowded, inadequately
maintained or lacking in basic equipment or facilities, light, ventilation
and heating so as to constitute a menace to the health, safety and
general welfare of the people. The establishment of minimum housing
and property maintenance standards is necessary to preserve and promote
the public interests identified herein.
A.
ACCESSORY STRUCTURE
APPROVED
BASEMENT
BATH
BATHROOM
BEDROOM
DUPLEX
DWELLING
DWELLING UNIT
EXTERIOR PROPERTY AREA
EXTERMINATION
FAMILY
HABITABLE ROOM
HALF BATH
HOUSEKEEPING UNIT
INFESTATION
KITCHEN
LIVING ROOM
MIXED OCCUPANCY
MULTIPLE FAMILY DWELLING
OCCUPANT
OPERATOR
OWNER
PLUMBING
ROOMER
ROOMING HOUSE
SEWAGE
SUPPLIED
TEMPORARY HOUSING
VENTILATION
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A building constructed or located on the same zoning lot as the principal building or use served except as may be specifically provided elsewhere in Chapter 135 of the Code of the Town of Ledgeview.
Approved by the Town Building Inspector or other authority
under and in accordance with the provisions of this chapter.
That portion of a structure that is located partly underground
and having more than 1/2 its height below the finished lot grade.
A bathtub or shower stall.
A room equipped with a bathtub or shower, sink and toilet.
A room within the dwelling unit which is used, or intended
to be used, primarily for the purpose of sleeping.
A structure with two dwelling units.
Any building or portion of a building used for residential
occupancy by one or more persons.
A structure or part of a structure used, or intended to be
used, as a home or sleeping place for one family.
The open space on the premises and adjoining property under
the control of the owners or occupants of such premises.
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 any other lawful and commonly employed
pest elimination methods.
One or more persons related by blood, marriage, legal adoption
or guardianship, or not more than four persons not so related, living
together on the premises as a single housekeeping unit.
[Amended 2-6-2023 by Ord. No. 2023-03]
A room or enclosed floor space used, or intended to be used,
for living, sleeping, cooking or eating purposes, excluding bathrooms,
laundries, pantries, foyers, communicating corridors, closets, storage
spaces and stairways, and rooms used for play or recreational purposes.
A room equipped with a sink and toilet.
Any household whose members are an interactive group of persons
jointly occupying and, for nondependents, contributing toward the
daily functions (cooking, cleaning, etc.) and financial aspects of
a dwelling unit.
[Added 2-6-2023 by Ord. No. 2023-03]
The sustained presence of any insects, rodents or other pests
within a dwelling or on the dwelling premises, but not including pets
kept in appropriate cages or containers.
A room used, or intended to be used, for cooking or the preparation
of' meals.
A room within a dwelling unit which is used, or intended
to be used, primarily for general living purposes.
A structure containing one or more dwelling units in combination
with a nonresidential use.
Any structure containing three or more dwelling units.
Any person, including an owner or operator, living, sleeping
or cooking in, or having actual possession of, a room, dwelling unit
or rooming unit.
Any person who has charge, care or control of a building
or part of a building, in which dwelling units or rooming units are
let.
Any person who, alone or jointly or severally with others,
shall have legal title or equitable title to any dwelling, dwelling
unit or rooming unit; or shall have charge, care or control of any
dwelling, dwelling unit or rooming unit as executor, administrator,
trustee or guardian of the estate of the owner.
All of the following facilities and equipment: water pipes,
garbage disposal units, waste pipes, vent pipes, toilets, sinks, installed
dishwashers, lavatories, baths, installed clothes washing machines,
catch basins, drains, vents, domestic hot-water heaters, and any other
similar fixtures, together with all connections to water, sewer or
gas lines.
An occupant of a rooming house who is not a member of the
family of the operator of that rooming house and shall also mean an
occupant of a dwelling unit who is not a member of the family occupying
the dwelling unit.
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 one or more roomers, but not including hotels and tourist rooming
houses licensed by the Food Safety and Recreational Licensing Section
of the State of Wisconsin Department of Health Services.
Liquid waste containing animal or vegetable matter in suspension
or solution and which may include industrial wastes and liquids containing
chemicals.
Paid for, furnished, or provided by or under control of the
owner or operator.
Any tent, trailer or other structure used for human shelter
which is designed to be transportable.
Supply and removal of air to and from a space by natural
or mechanical means.
B.
Whenever the words "dwelling," "dwelling unit," "mixed occupancy,"
"multiple family dwelling," "room," "rooming house" or "premises"
are used in this housing code, unless clearly contrary to the context
in which such terms are used, they shall be construed as though they
were followed by the words "or any part thereof."
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 meet with the following
requirements:
A.
Plumbing system and facilities. Every dwelling unit shall be provided
with plumbing systems that comply with all applicable state and local
plumbing codes, which shall be maintained in a sanitary, operable
and serviceable condition. There shall be provided within each dwelling
unit plumbing fixtures consisting of at least
(1)
One kitchen sink serviced with a faucet dispensing hot and cold water;
(2)
One flush toilet, which shall be placed in a bathroom or separate
enclosed room which affords privacy and serviced with cold water;
(3)
One sink in each bathroom or room with a toilet serviced with a faucet
dispensing hot and cold water;
(4)
One bath with a faucet dispensing hot and cold water, which shall
be contained within a bathroom or within a separate room which affords
privacy.
B.
Water-heating facilities. Every dwelling shall have water-heating
facilities supplied which are properly installed, maintained in reasonably
good working condition, properly connected with the hot-water lines
required in this section, and are capable of heating water to such
a temperature as to permit an adequate amount of water to be drawn
at every bath at a temperature of not less than 100° F. Such water-heating
facilities shall be capable of meeting these requirements when the
dwelling unit heating facilities are not in operation.
C.
Sewage drainage system and water system. All plumbing fixtures shall
be drained to a sewage drainage system connected to a public sewer
or approved private on-site wastewater treatment system.
D.
Garbage facilities. Every dwelling unit shall be provided with adequate
facilities for the storing of garbage and rubbish to reasonably prevent
unpleasant odors from entering the habitated portion of any dwelling
unit or neighboring property, to prevent animals from feeding or rummaging
through garbage and to conceal such refuse from view from off the
premises. Every dwelling unit located on premises with two or more
additional dwelling units shall have such facilities supplied.
E.
Access to areas within dwelling units, stairways and exits.
(1)
Areas in dwelling units. Access to all habitable areas of a dwelling
unit shall be available from all other habitable areas of the dwelling
units without passing through any portion of any other dwelling unit
or corridor common to more than one dwelling unit.
(2)
Stairways. Every stairway shall be unobstructed and kept in a reasonably
good state of repair. All inside stairways of three or more risers
shall have at least one handrail. No inside stairway may be located
in a closet.
(3)
Exits. Every dwelling unit shall have two exits, which comply with
the exit requirements of Ch. Comm 21 or 62, Wis. Admin. Code, when
applicable. Each such exit, which shall be kept in good state of repair
and shall be unobstructed at all times, shall provide means of egress
leading to safe and open space at ground level.
A.
Natural light and ventilation. Every habitable room, including basement
bedrooms, shall have available natural light and ventilation in compliance
with the standards set forth in § Comm 21.05 or Ch. Comm
62 or 64, Wis. Admin. Code, as dictated by the use and occupancy of
the building.
B.
Electrical and lighting.
(1)
General electrical. Every dwelling unit and all public and common
areas of multiple occupancies or multiple-family dwellings shall be
supplied with electrical service, outlets, and fixtures which shall
be properly installed, maintained in good and safe working condition
and connected to a source of electric power all in accordance with
Ch. Comm 16, Wis. Admin Code.
(2)
Lighting of public halls and stairways. Every public hall and public
stairway in every dwelling containing four or more dwelling units,
or accommodating more than 20 persons, shall be adequately lighted
at all times. The lighting shall include lights at all intersections
of passageways, at all exits, and at the head and foot of every stairway.
Every public hall and public stairway in dwellings containing fewer
than four dwelling units or rooming house accommodating more than
three roomers but fewer than 20 persons shall be supplied with convenient
light switches controlling an adequate lighting system which may be
turned on when needed, instead of full-time lighting.
C.
Heating.
(1)
Any dwelling or dwelling unit designed or intended to be used for
dwelling purposes shall be supplied, maintained and equipped with
heating facilities, which shall be properly installed, maintained
in good working condition, capable of adequately heating all habitable
rooms, and bathrooms contained therein, or intended for use by the
occupants thereof, to a temperature of at least 70° F., at a distance
of three feet above floor level, when the outside temperature is at
or above 15° F. below zero.
(2)
Every supplied central heating system shall comply with Ch. Comm
23 or 64, Wis. Admin. Code, as applicable. It shall also comply with
the following requirements:
(a)
The central heating unit shall be in good operating condition.
(b)
Every heat duct, steam pipe and hot-water pipe shall be free
of leaks and shall function so that an adequate amount of heat is
delivered where intended.
(c)
Every seal between the sections of a warm air furnace shall
be tight so noxious gases will not escape into heat ducts.
(3)
All space heaters shall comply with Ch. Comm 23 or 64, Wis. Admin.
Code, as applicable, and all of the following requirements:
(4)
Screens. At least one window in each habitable room and bathroom
where windows are required, shall be supplied with a screen covering
at least one-third of the window area, except where other means of
adequately ventilating such rooms are available and operating. Screens
shall have a wire mesh of no larger than size No. 16, and 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, 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.
Dwelling unit to be occupied by one family. No dwelling unit shall
be occupied by more than one family.
B.
Minimum floor area for dwelling unit. Every dwelling unit consisting
of only one habitable room shall contain at least 100 square feet
of habitable room floor area. No dwelling unit containing less than
170 square feet of habitable room floor area shall be occupied by
more than one occupant. No dwelling unit consisting of only one habitable
room shall be occupied by more than two occupants.
C.
Minimum floor area for sleeping purposes. Every room occupied for
sleeping purposes by one person shall contain at least 70 square feet
of floor space and 490 cubic feet of air space, and every room occupied
for sleeping purposes by more than one person shall contain at least
60 square feet of floor space and 400 cubic feet of air space for
each occupant thereof, except that these requirements shall be reduced
by 1/2 for children under 12 years of age.
D.
Arrangement of sleeping, bath and toilet rooms. No dwelling or dwelling
unit containing two or more sleeping rooms shall have such room arrangements
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 or by having to go outside the dwelling unit, nor shall
room arrangements be such that access to a sleeping room can be had
only going through another sleeping room or a bathroom or toilet room.
E.
Basement space may be habitable. No basement space shall be used
as a sleeping mom or dwelling unit unless such sleeping room or dwelling
unit is in conformity with § Comm 21.05 or Ch. Comm 62,
Wis. Admin. Code, as applicable.
No person shall occupy as owner, or rent to another for occupancy,
any premises which does not comply with the following requirements:
A.
Sanitation. All exterior property areas shall be maintained in a clean and sanitary condition free from any accumulation of garbage or refuse. All garbage and refuse shall be stored in appropriate storage areas or containers as described in § 65-3D. Building materials or other large items that do not fit in typical storage containers shall be stored in such a matter as to be concealed from ordinary view from off of the premises and in such a manner as not to cause a safety hazard until such items can be disposed of properly.
B.
Grading and drainage. All premises shall be graded and maintained
so as to prevent the accumulation of stagnant water thereon or within
any building or structure located thereon. Stormwater shall be properly
drained to prevent recurrent entrance of water into any basement or
cellar.
C.
Refuse and debris. All exterior property areas, including yards,
courts, lots and accessory buildings, shall be kept free and clear
of any physical hazards, refuse, debris or materials of any sort,
including piled lumber, wood, brick, or stone, which would tend to
cause a health, accident or fire hazard, or which would obstruct egress
of occupants, or interfere with fire-fighting operations, or act as
a breeding place and harborage for rodents, vermin or insects. Building
materials or other large items that do not fit in typical storage
containers shall be stored in such a matter as to be concealed from
ordinary view from off of the premises and in such a manner as not
to cause a safety hazard until such items can be removed from the
premises.
D.
Removal of fire hazards. No person shall keep or deposit, or allow
to be kept or deposited, within the Town, any ashes, live coals, or
cinders within 20 feet of any frame building, fence, wood pile, lumber,
or other combustible material unless the same shall be placed in a
depository constructed of brick, stone or other fire-resistant material.
No person shall occupy as owner-occupant, or let to another
for occupancy, any dwelling unit or rooming unit for the purpose of
living therein which does not comply with the following requirements:
A.
Maintenance of foundations, exterior walls and roofs. Every foundation,
exterior wall and roof shall be weathertight, watertight, insect-proof,
rodent-proof and kept in good state of maintenance and repair.
B.
Maintenance of interior walls, floors and ceilings. Every interior
partition, wall, floor and ceiling shall be capable of affording privacy,
kept in good state of repair and maintained so as to permit them to
be kept in a clean and sanitary condition.
C.
Rainwater drain. All rainwater shall be so drained and conveyed from
every roof so as not to cause dampness in walls, ceiling or floors
of any room.
D.
Windows, doors and hatchways. Every window, exterior door and basement
hatchway shall be kept in a good working condition and state of maintenance
and repair.
E.
Protection of exterior wood surfaces. All exterior wood surfaces
shall be protected from the elements and against decay by paint or
other equally effective and attractive protective coating applied
in a workmanlike fashion.
F.
Stairways and porches. Every inside and outside stairway, every porch
and every appurtenance thereto shall be constructed so as to be safe
to use and capable of supporting the load that normal use may cause
to be placed thereon and shall be kept in sound condition and in a
good state of maintenance and repair.
G.
Supplied plumbing fixtures. Every supplied plumbing fixture and water
and waste pipe shall be properly installed and maintained in good
sanitary working condition.
H.
Chimney and supplied smoke pipes. Every chimney and every supplied
smoke or exhaust pipe shall be adequately supported, reasonably clean,
and maintained in a good state of repair and in accordance with Ch.
Comm. 23 or 64, Wis. Admin. Code, as applicable.
I.
Bathroom and toilet room floors. Every bathroom and toilet room floor
surface shall be maintained so as to be reasonably impervious to water
and so as to permit such floor to be kept in a clean and sanitary
condition.
J.
Cleanliness of premises. Every dwelling or dwelling unit and premises
shall be kept clean and also shall be kept free from vermin and any
accumulation of dirt, filth, rubbish, debris, refuse, garbage or other
matter as may create an unreasonably unsafe or unhealthful condition.
A.
Cleanliness. 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 which he occupies or controls.
B.
Disposal of garbage. Every occupant of a dwelling and dwelling unit shall dispose of all his garbage and refuse in a clean and sanitary manner by placing it in waterproof containers and stored as provided in § 65-3D. Building materials or other large items that do not fit in typical storage containers shall be stored in such a matter as to be concealed from ordinary view from off of the premises and in such a manner as not to cause a safety hazard until such items can be removed from the premises.
C.
Extermination of pests. Unless lease provisions, condominium documents
or other similar document by which occupancy to a premises is controlled
provides otherwise, 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 within the unit occupied
by him whenever his dwelling unit is the only one infested, except
that whenever infestation is caused by failure of the owner to maintain
a dwelling in a rat-proof or insect-proof condition, or the owner
is obligated, as described herein, extermination shall be the responsibility
of the owner.
D.
Use of plumbing fixtures. Every occupant of a dwelling unit shall
keep all supplied 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 of such fixtures.
No person shall operate a rooming house or shall occupy or rent
to another any rooming unit except in compliance with the following
requirements:
A.
Applicability of chapter provisions. No person shall operate a rooming
house except where such rooms and accompanying premises comply with
this chapter; provided, however, that for the purpose of interpreting
the requirements of the designated sections applicable to the enforcement
of this subsection, the words "multiple-family dwelling" or "dwelling"
shall be interpreted to mean "rooming house," and the words "dwelling
unit" and "dwelling units" shall be interpreted to mean "rooming unit"
or "rooming units." Every dwelling unit located within a rooming house
shall comply with all of the requirements for dwelling units as established
in accordance with the provisions of this section.
B.
Meals in rooming units. No occupant of a rooming house shall prepare
or eat meals in a rooming house unless such meals are prepared in
a kitchen contained therein. The operator shall post in every rooming
unit a sign on which shall be written or printed, in letters not less
than 3/8 of one inch in height, the following words, "No Cooking Permitted
in This Room," and such sign shall remain so posted at all times.
C.
Sanitary maintenance. The operator of every rooming house shall be
responsible for the sanitary maintenance of all walls, floors and
ceilings and for maintenance of a sanitary condition 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 within which the rooming house is contained is leased
or occupied by the operator.
The Inspector or his or her representative is authorized and
directed to make regular inspections at reasonable times and upon
reasonable notice to determine the condition of dwellings, dwelling
units, rooming houses, and premises located within the Town and to
further ensure compliance with the provisions of this chapter. Unless
probable cause exists to believe a violation of this chapter exists,
no premises shall be inspected more frequently than once per year.
The Inspector or his or her representative shall have proper identification
and shall show same when making such inspections. In the event access
to any premises is denied for the performance of a regular maintenance
inspection or an inspection based upon probable cause, the Inspector
shall obtain a special inspection warrant pursuant to § 66.0119,
Wis. Stats.
Whenever the Inspector determines that an emergency exists which
requires immediate action to protect the public health or safety,
he or she may, without notice of hearing, issue an order reciting
the existence of such an emergency and requiring that such action
be taken as he or she deems necessary to meet the emergency in accordance
with the provisions of § 66.1337(4)(a)6, Wis. Stats.
A.
Any dwelling or dwelling unit which the inspector finds to have any
of the following defects shall be condemned as unfit for human habitation,
occupancy or use:
(1)
One which is so old and so damaged, out of repair, decayed, dilapidated,
unsanitary, difficult to heat, unsafe, or vermin infested or otherwise
unfit for human habitation that it creates a hazard to the health
or welfare of the owner or of the occupants or of the public;
(2)
One which lacks illumination, ventilation or sanitary facilities
adequate to protect the health or welfare of the occupants or of the
general public; or
(3)
One which, because of its general condition or location, is unsanitary
or otherwise dangerous to the health or welfare of the occupants or
of the general public.
B.
Any dwelling or dwelling unit may be condemned as unfit for human
habitation by the Town if the owner or occupant fails to comply with
any order based on the provisions of this chapter, or any rule or
regulations adopted pursuant thereto, provided that such dwelling
or dwelling unit is, in the opinion of the Inspector, unfit for human
habitation by reason of such failure to comply.
C.
Vacation by inhabitants. Any dwelling or dwelling unit condemned
as unfit for human habitation and use and so designated shall be repaired
or vacated within a reasonable time as ordered by the Inspector.
D.
Condemnation procedures. This condemnation of dwellings and dwelling
units as unfit for human habitation, occupancy or use shall be carried
out according to the provisions of § 66.0413, Wis. Stats.
No owner shall permit any nondwelling structure or fence to
exist on any premises which does not comply with the following requirements:
A.
Maintenance of nondwelling structures. Every foundation, exterior
wall, roof, window, exterior door, basement hatchway and every other
entranceway of every nondwelling structure shall be so maintained
as to prevent the structure from becoming a harbor for rats and shall
be kept in a reasonably good state of maintenance and repair.
B.
Protection of exterior wood surfaces and fences. All exterior wood
surfaces of all nondwelling structures and fences shall be properly
protected from the elements and against decay by paint or other approved
protective coating applied in a workmanlike manner. All exterior wood
surfaces and fences shall be kept in a reasonably good state of maintenance
and repair or shall be removed.
