[HISTORY: Adopted by the Common Council of the City of Shawano 4-7-1982 by Ord. No.
872 as Ch. 16 of the 1982 Municipal Code. Amendments
noted where applicable.]
(1)
BASEMENT
CELLAR
DWELLING
DWELLING UNIT
EXTERMINATION
GARBAGE
HABITABLE ROOM
HEALTH OFFICER
INFESTATION
MULTIPLE DWELLING
OCCUPANT
OPERATOR
ORDINARY MINIMUM WINTER CONDITIONS
OWNER
(a)
(b)
PERSON
PLUMBING
ROOMING HOUSE
ROOMING UNIT
RUBBISH
SUPPLIED
TEMPORARY HOUSING
The following definitions shall apply in the interpretation and enforcement
of this subchapter:
A portion of a building located partly underground, but having
less than half of its clear floor-to-ceiling height below the average
grade of the adjoining ground.
A portion of a building located partly or wholly underground
and having half or more than half of its clear floor-to-ceiling height
below the average grade of the adjoining ground.
Any building which is wholly or partly used or intended to
be used for living or sleeping by human occupants, provided that temporary
housing, as hereinafter defined, shall not be regarded as a dwelling.
Any 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, cooking and eating.
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 by any other recognized and legal
pest elimination methods approved by the Health Officer.
The animal and 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.
The legally designated health authority of the City or his
or her authorized representative and/or the Building Inspector.
[Amended by Ord. No. 1235]
The presence, within or around a dwelling, of any insects,
rodents or other pests.
Any dwelling containing more than two dwelling units.
Any person over one year of age living, sleeping, cooking
or eating in or having actual possession of a dwelling or rooming
unit.
Any person who has charge, care or control of a building,
or part thereof, in which dwelling units or rooming units are let.
The temperature 15° F. above the lowest recorded temperature
for the previous ten-year period.
Any person who, alone or jointly or severally with others:
Shall have legal title to any dwelling or dwelling unit with
or without accompanying actual possession thereof; or
Shall have charge, care or control of any dwelling or dwelling
unit as owner or agent of the owner, or as personal representative,
trustee or guardian of the estate of the owner. Any such person thus
representing the actual owner shall be bound to comply with the provisions
of this subchapter and of rules and regulations adopted pursuant thereto
to the same extent as if he or she were the owner.
Includes any individual, firm, corporation, association or
partnership.
Includes all of the following supplied facilities and equipment:
gas pipes, gas-burning equipment, water pipes, garbage disposal units,
waste pipes, water closets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clothes washing machines, catch
basins, drains, vents and other similar supplied fixtures, together
with all connections to water, sewer or gas 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
to three or more persons who are not husband or wife, son or daughter,
mother or father, or sister or brother of 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 and 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, tin
cans, metals, mineral matter, glass crockery and dust.
Paid for, furnished or provided by or under the control of
the owner or operator.
Any tent, trailer or other structure used for human shelter
which is designed to be transportable and which is not attached to
the ground, to another structure or to any utilities system on the
same premises for more than 30 consecutive days.
(2)
Meaning of certain words. Whenever the words "dwelling," "dwelling
unit," "rooming house," "rooming unit" and "premises" are used in
this subchapter, they shall be construed as though they were followed
by the words "or any part thereof."
The Health Officer shall make inspections to determine the condition
of dwellings, dwelling units, rooming units and premises located within
the City in order that he or she may perform his or her duty of safeguarding
the health and safety of the occupants of dwellings and of the general
public. For the purpose of making such inspections, the Health Officer
may enter, examine and survey at all reasonable times all dwellings,
dwelling units, rooming units and premises. The owner or occupant
of every dwelling, dwelling unit and rooming unit, or the person in
charge thereof, shall give the Health Officer free access to such
dwelling, dwelling unit or rooming unit and its premises at all reasonable
times for the purpose of such inspection, examination and survey.
Every occupant of a dwelling or dwelling unit shall give the owner
thereof, or his or her agent or employee, access to any part of such
dwelling or dwelling unit, or its premises, at all reasonable times
for the purpose of making such repairs or alterations as are necessary
to effect compliance with the provisions of this subchapter or with
any lawful rule or regulation adopted or any lawful order issued pursuant
to the provisions of this subchapter.
(1)
Enforcement. Whenever the Health Officer determines that there are
reasonable grounds to believe that there has been a violation of any
provision of this subchapter which affects the health of the occupants
of any dwelling, dwelling unit or rooming unit or the health of the
general public, or whenever the Building Inspector determines that
there are reasonable grounds to believe that there has been a violation
of any such provisions which affects the safety of any such occupants
or the safety of the general public, the Health Officer or the Building
Inspector, as the case may be, shall give notice of such alleged violation
to the person or persons responsible therefor and to any known agent
of such person, as hereinafter provided. Such notice shall be in writing
and shall include the following:
(2)
Service of notice. Such notice shall be served upon the owner or
his or her agent or the occupant, as the case may require, provided
that such notice shall be deemed to be properly served upon such owner
or agent or upon such occupant if a copy thereof is served upon him
or her personally, or if a copy thereof is sent by registered mail
to his or her last known address, or if a copy thereof is posted in
a conspicuous place in or about the dwelling affected by the notice,
or if he or she is served with such notice by any other method authorized
or required under the laws of the state.
(3)
Hearing. Any person affected by any such notice issued by the Health
Officer or the Building Inspector may request and shall be granted
a hearing on the matter before the Board of Zoning Appeals, provided
that such person shall file in the office of the Health Officer or
Building Inspector, as the case may be, within 10 days after service
of the notice, a written petition requesting such hearing and setting
forth a brief statement of the grounds therefor. Upon receipt of such
petition, the Health Officer or the Building Inspector, respectively,
shall arrange a time and place for such hearing and shall give the
petitioner written notice thereof. Such hearing shall be held as soon
as practicable after the receipt of request therefor. At such hearing,
the petitioner shall be given an opportunity to be heard and to show
cause why such notice should not be complied with.
(4)
Order. After such hearing, the Board shall sustain, modify or withdraw the notice, depending upon its findings as to whether the provisions of this subchapter have been complied with. If the Board shall sustain or modify such notice, it shall be deemed to be an order. Any notice served pursuant to Subsection (1) above shall automatically become an order if a written petition for a hearing is not filed in the office of the Health Officer or the Building Inspector within 10 days after such notice is served. After a hearing in the case of any notice suspending any permit required by this subchapter, when such notice has been sustained by the Board, the permit shall be deemed to have been revoked. Any such permit which has been suspended by a notice shall be deemed to be automatically revoked if a petition for hearing is not filed in the office of the Health Officer or Building Inspector within 10 days after such notice is served.
(5)
Appeal. The proceedings at such hearing, including the findings and
decision of the Board, shall be summarized, reduced to writing and
entered as a matter of public record in the office of the Board. Such
record shall also include a copy of every notice or order issued in
connection with the matter. Any person aggrieved by the decision of
the Board may seek relief therefrom in any court of competent jurisdiction
as provided by the laws of this state.
(6)
Emergency orders. Whenever the Health Officer finds that an emergency exists which requires immediate action to protect the public health, he or she may, without notice or 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. Notwithstanding other provisions of this subchapter, such order shall be effective immediately, but upon petition to the Health Officer the person responsible shall be afforded a hearing as soon as possible in the manner provided in Subsection (3) above. After such hearing, depending upon the findings as to whether the provisions of this subchapter have been complied with, the Board shall continue such order in effect, modify it or revoke it.
The Health Officer may make and, after a public hearing has
been held, adopt such written rules and regulations as may be necessary
for the proper enforcement of the provisions of this subchapter, provided
that such rules and regulations shall not be in conflict with the
provisions of this subchapter. The Health Officer shall file a certified
copy of all rules and regulations which he or she may adopt with the
Clerk-Treasurer. Such rules and regulations shall have the same force
and effect as the provisions of this subchapter, and the penalty for
violation thereof shall be the same as the penalty for violation of
the provisions of this subchapter, as hereinafter provided.
No person shall occupy as owner-occupant or let to another for
occupancy any dwelling or dwelling unit which does not contain the
following:
(1)
A kitchen sink in good working condition and properly connected to
a water and sewer system approved by the Health Officer.
(2)
A room which affords privacy to a person within said room and which
is equipped with a flush water closet and a lavatory basin in good
working condition and properly connected to a water and sewer system
approved by the Health Officer.
(3)
Within a room which affords privacy to a person within said room,
a bathtub or shower in good working condition and properly connected
to a water and sewer system approved by the Health Officer.
(5)
Adequate rubbish storage facilities, the type and location of which
are approved by the Health Officer.
(6)
Adequate garbage disposal facilities or garbage storage containers,
the type and location of which are approved by the Health Officer.
(7)
Water-heating facilities which are properly installed, are maintained in safe and good working condition, are properly connected with the hot water lines required under Subsection (4) and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120° F. Such supplied water heating facilities shall be capable of meeting the requirements of this subsection when the dwelling or dwelling unit heating facilities required under the provisions of § 16.06(5) of this subchapter are not in operation.
(8)
A safe, unobstructed means of egress leading to safe and open space
at ground level, as required by the laws of this state and this Code.
No person shall occupy as owner-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)
Window area. Every habitable room shall have at least one window
or skylight facing directly to the outdoors. The minimum total window
area, measured between stops, for every habitable room shall be 10%
of the floor area of such room. 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 of such room.
(2)
Ventilation. Every habitable room shall have at least one window or skylight which can easily be opened, or such other device as will adequately ventilate the room. The total of openable window area in every habitable room shall be equal to at least 45% of the minimum window area size or minimum skylight-type window size, as required in Subsection (1) above, except where there is supplied some other device affording adequate ventilation and is approved by the Health Officer.
(3)
Bathroom ventilation. Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in Subsections (1) and (2) above, except that no window or skylight shall be required in adequately ventilated bathrooms and water closet compartments equipped with a ventilation system which is kept in continuous operation and approved by the Health Officer.
(4)
Electric light fixtures and outlets. Where there is electric service
available from power lines which are not more than 300 feet away from
a dwelling, every habitable room of such dwelling shall contain at
least two separate floor- or wall-type electric convenience outlets,
or one such convenience outlet and one supplied ceiling-type electric
light fixture; and every water closet compartment, bathroom, laundry
room, furnace room and public hall shall contain at least one supplied
ceiling- or wall-type electric light fixture. Every such outlet and
fixture shall be properly installed, shall be maintained in good and
safe working condition and shall be connected to the source of electric
power in a safe manner.
(5)
Heating. Every dwelling shall have heating facilities which are properly
installed, are maintained in safe and good working condition and are
capable of safely and adequately heating all habitable rooms, bathrooms
and water closet compartments in every dwelling unit located therein
to a temperature of at least 70° F. at a distance three feet above
floor level under ordinary minimum winter conditions.
(6)
Hall and stairway lighting. Every public hall and stairway in every
multiple dwelling containing five or more dwelling units shall be
adequately lighted at all times. Every public hall and stairway in
structures devoted solely to dwelling occupancy and containing not
more than four dwelling units may be supplied with conveniently located
light switches, controlling an adequate lighting system which may
be turned on when needed instead of full-time lighting.
(7)
Screens. During that portion of each year when the Health Officer
deems it necessary for protection against mosquitoes, flies and other
insects, every door opening directly from a dwelling unit to outdoor
space shall have supplied screens and a self-closing device; and every
window or other device with openings to outdoor space, used or intended
to be used for ventilation, shall likewise be supplied with screens,
provided that such screens shall not be required during such period
in rooms deemed by the Health Officer to be located high enough in
the upper stories of buildings as to be free from such insects, and
in rooms located in areas of the City which are deemed by the Health
Officer to have so few such insects as to render screens unnecessary.
(8)
Basement window screens. 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 as owner-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 foundation, floor, wall, ceiling and roof shall be reasonably
weather tight, watertight and rodentproof; shall be capable of affording
privacy; and shall be kept in good repair.
(2)
Every window, exterior door and basement hatchway shall be reasonably
weather tight, watertight and rodentproof; and shall be kept in sound
working condition and good repair.
(3)
Every inside and outside stair, porch and appurtenance thereto shall
be so constructed 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 good repair.
(4)
Every plumbing fixture and water and waste pipe shall be properly
installed and maintained in good sanitary working condition free from
defects, leaks and obstructions.
(5)
Every water closet compartment floor surface and bathroom floor surface
shall be constructed and maintained so as to be reasonably impervious
to water and so as to permit such floor to be easily kept in a clean
and sanitary condition.
(6)
Every supplied facility, piece of equipment or utility which is required
under this subchapter shall be so constructed or installed that it
will function safely and effectively and shall be maintained in satisfactory
working condition.
(7)
No owner, operator or occupant shall cause any service, facility,
equipment or utility which is required under this subchapter to be
removed from or shut off from or discontinued for any occupied dwelling
let or occupied by him or her, except for such temporary interruption
as may be necessary while actual repairs or alterations are in process,
or during temporary emergencies when discontinuance of service is
approved by the Health Officer.
(8)
No owner shall occupy or let to any other occupant any vacant dwelling
unit unless it is clean, sanitary and fit for human occupancy.
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)
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 thereof, the floor
space to be calculated on the basis of total habitable room area.
(2)
In every dwelling unit of two or more rooms, every room occupied
for sleeping purposes by one occupant shall contain at least 70 square
feet of floor space, and every room occupied for sleeping purposes
by more than one occupant shall contain at least 50 square feet of
floor space for each occupant thereof.
(3)
No dwelling or dwelling unit containing two or more sleeping rooms
shall have such room arrangements that access to a bathroom or water
closet compartment intended for use by occupants of more than one
sleeping room can be had only by going through another sleeping room;
nor shall room arrangements be such that access to a sleeping room
can be had only by going through another sleeping room or a bathroom
or water closet compartment.
(4)
At least 1/2 of the floor area of every habitable room shall have
a ceiling height of at least seven feet; and the floor area of that
part of any room where the ceiling height is less than five feet shall
not be considered as part of the floor area in computing the total
floor area of the room for the purpose of determining the maximum
permissible occupancy thereof.
(5)
No cellar space shall be used as a habitable room or dwelling unit.
(6)
No basement 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 of window area in each room is equal to at least the
minimum window area sizes as required in Subsection (1) above.
(c)
Such required minimum window area is located entirely above
the grade of the ground adjoining such window area.
(d)
The total of openable window area in each room is equal to at
least the minimum as required under Subsection (2) above, except where
there is supplied some other device affording adequate ventilation
and approved by the Health Officer.
(1)
Every owner of a dwelling containing two or more dwelling units shall
be responsible for maintaining in a clean and sanitary condition the
shared or public areas of the dwelling and premises thereof.
(2)
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 thereof which he or she occupies and controls.
(3)
Every occupant of a dwelling or dwelling unit shall dispose of all his or her rubbish in a clean and sanitary manner by placing it in the rubbish containers required by § 16.05(5) of this subchapter.
(4)
Every occupant of a dwelling or dwelling unit shall dispose of all his or her garbage and other organic waste which might provide food for rodents in a clean and sanitary manner by placing it in the garbage disposal facilities or garbage storage containers required by § 16.05(6) of this chapter. It shall be the responsibility of the owner to supply such facilities or containers for all dwelling units in a dwelling containing more than four dwelling units and for all dwelling units located on premises where more than four dwelling units share the same premises. In all other cases, it shall be the responsibility of the occupant to furnish such facilities or containers.
(5)
Every occupant of a dwelling or dwelling unit shall be responsible
for hanging all screens and double- or storm-doors and windows whenever
the same are required under the provisions of this subchapter or of
any rule or regulation adopted pursuant thereto, except where the
owner has agreed to supply such service.
(6)
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 whenever his or her dwelling unit
is the only one infested. Notwithstanding the foregoing provisions
of this section, whenever infestation is caused by failure of the
owner to maintain a dwelling in a ratproof or reasonably insectproof
condition, extermination shall be the responsibility of the owner.
Whenever infestation exists in two or more of the dwelling units in
any dwelling 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.
(7)
Every occupant of a dwelling unit shall keep all 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
thereof.
No person shall operate a rooming house, or shall occupy or let to another for occupancy any rooming unit in any rooming house, except in compliance with the provisions of every section of this subchapter except the provisions of §§ 16.05 and 16.09.
(1)
No person shall operate a rooming house unless he or she holds a
valid rooming house permit issued by the Health Officer in the name
of the operator and for the specific dwelling or dwelling unit. The
operator shall apply to the Health Officer for such permit which shall
be issued by the Health Officer upon compliance by the operator with
the applicable provisions of this subchapter and of any rules and
regulations adopted pursuant thereto. This permit shall be displayed
in a conspicuous place within the rooming house at all times. No such
permit shall be transferable. Every person holding such a permit shall
give notice in writing to the Health Officer within 24 hours after
having sold, transferred, given away or otherwise disposed of ownership
of, interest in or control of any rooming house. Such notice shall
include the name and address of the person succeeding to the ownership
or control of such rooming house. Every rooming house permit shall
expire at the end of one year following its date of issuance unless
sooner suspended or revoked as hereinafter provided.
(2)
Any person whose application for a permit to operate a rooming house has been denied may request and shall be granted a hearing on the matter before the Health Officer under the procedure provided by § 16.03 of this subchapter.
(3)
Whenever, upon inspection of any rooming house, the Health Officer
finds that conditions or practices exist which are in violation of
any provisions of this subchapter or of any rule or regulation adopted
pursuant thereto, the Health Officer shall give notice in writing
to the operator of such rooming house that, unless such conditions
or practices are corrected within a reasonable period, to be determined
by the Health Officer, the operator's rooming house permit will be
suspended. At the end of such period, the Health Officer shall reinspect
such rooming house and if he or she finds that such conditions or
practices have not been corrected, he or she shall give notice in
writing to the operator that the latter's permit has been suspended.
Upon receipt of notice of suspension, such operator shall immediately
cease operation of such rooming house and no person shall occupy for
sleeping or living purposes any rooming unit therein.
(4)
Any person whose permit to operate a rooming house has been suspended or who has received notice from the Health Officer that his or her permit is to be suspended unless existing conditions or practices at his or her rooming house are corrected may request and shall be granted a hearing on the matter before the Health Officer under the procedure provided by § 16.03 of this subchapter, provided that, if no petition for such hearing is filed within 10 days following the day on which such permit was suspended, such permit shall be deemed to have been automatically revoked.
(5)
At least one flush water closet, lavatory basin and bathtub or shower,
properly connected to a water and sewer system approved by the Health
Officer and in good working condition, shall be supplied for each
eight persons or fraction thereof residing within a rooming house,
including members of the operator's family wherever they share the
use of the said facilities, provided that, in a rooming house where
rooms are let only to males, flush urinals may be substituted for
not more than 1/2 the required number of water closets. All such facilities
shall be so located within the dwelling as to be reasonably accessible
from a common hall or passageway to all persons sharing such facilities.
Every lavatory basin and bathtub or shower shall be supplied with
hot water at all times. No such facilities shall be located in a basement
except by written approval of the Health Officer.
(6)
The operator of every rooming house shall change supplied bed linen
and towels therein at least once each week, and prior to the letting
of any room to any occupant. The operator shall be responsible for
the maintenance of all supplied bedding in a clean and sanitary manner.
(7)
Every room occupied for sleeping purposes by one person shall contain
at least 70 square feet of floor space, and every room occupied for
sleeping purposes by more than one person shall contain at least 50
square feet of floor space for each occupant thereof.
(8)
Every rooming unit shall have a safe and unobstructed means of egress
leading to safe and open space at ground level, as required by the
laws of this state and this Code.
(9)
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 or she shall be further responsible for the sanitary maintenance
of the entire premises where the entire structure or building is leased
or occupied by the operator.
(10)
Every provision of this subchapter which applies to rooming houses
shall also apply to hotels, except to the extent that any such provision
may be found in conflict with the laws of this state or with the lawful
regulations of any state board or agency.
The designation of dwellings or dwelling units as unfit for
human habitation and the procedure for the condemnation placarding
of such unfit dwellings or dwelling units shall be carried out in
compliance with the following requirements:
(1)
Any dwelling or dwelling unit which shall be found to have any of
the following defects shall be condemned as unfit for human habitation
and shall be so designated and placarded by the Health Officer:
(a)
One which is so damaged, decayed, dilapidated, insanitary, unsafe
or vermin-infested that it creates a serious hazard to the health
or safety of the occupants or of the public.
(b)
One which lacks illumination, ventilation or sanitation facilities
adequate to protect the health or safety of the occupants or of the
public.
(c)
One which because of its general condition or location is insanitary
or otherwise dangerous to the health or safety of the occupants or
of the public.
(2)
Any dwelling or dwelling unit condemned as unfit for human habitation
and so designated and placarded by the Health Officer shall be vacated
within a reasonable time as ordered by the Health Officer.
(3)
No dwelling or dwelling unit which has been condemned and placarded
as unfit for human habitation shall again be used for human habitation
until written approval is secured from and such placard is removed
by the Health Officer. The Health Officer shall remove such placard
whenever the defect or defects upon which the condemnation and placarding
action were based have been eliminated.
In any case where a provision of this subchapter is found to
be in conflict with a provision of any zoning, building, fire, safety
or health ordinance or code of this City existing on the effective
date of this subchapter, the provision which establishes the higher
standard for the promotion and protection of the health and safety
of the people shall prevail. In any case, where a provision of this
chapter is found to be in conflict with a provision of any other provision
of this Code existing on the effective date of this subchapter which
establishes a lower standard for the promotion and protection of the
health and safety of the people, the provisions of this subchapter
shall be deemed to prevail, and such other provisions are hereby declared
to be repealed to the extent that they may be found in conflict with
this subchapter.
Any person who shall violate any provision of this subchapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 20.04 of this Code.
It is the intent of this subchapter to render unlawful discrimination
in housing. It is the declared policy of the City of Shawano that
all persons shall have an equal opportunity for housing regardless
of sex, race, color, handicap, religion, national origin, sex or marital
status of the person maintaining a household, lawful source of income,
age or ancestry. The City has a duty to assist in the orderly prevention
and removal of all discrimination in housing through the powers granted
pursuant to W.S.A. s. 66.433. This subchapter shall govern equal housing
opportunities of single-family residences which are owner-occupied.
This subchapter shall be deemed an exercise of the police powers of
the City for the protection of the welfare, health, peace, dignity
and human rights of the people of the City.
As used in this subchapter, the following terms shall have the
meanings indicated:
To segregate, separate, exclude or treat any person or class
of persons unequally because of sex, race, color, handicap, religion,
national origin, sex or marital status of the person maintaining the
household, lawful source of income, age or ancestry. The factors set
forth herein shall be the sole basis for prohibiting discrimination.
[Amended by Ord. No. 1141]
To refuse to sell or rent, after the making of a bona fide offer,
or to refuse to negotiate for the sale or rental of, or otherwise
make unavailable or deny a dwelling to any person because of race,
color, religion, sex, national origin, handicap, sexual orientation,
marital status, lawful source of income, age or ancestry.
To discriminate against any person in the terms, conditions
or privileges of sale or rental of a dwelling or in the provisions
of services or facilities in connection therewith because of race,
color, religion, sex, national origin, handicap, sexual orientation,
marital status, lawful source of income, age or ancestry.
To make, print, publish, or cause to be made, printed or published,
any notice, statement or advertisement, with respect to the sale or
rental of a dwelling that indicates any preference, limitation or
discrimination based on race, color, religion, sex, national origin,
handicap, sexual orientation, marital status, lawful source of income,
age or ancestry, or an intention to make such preference, limitation
or discrimination.
To represent to any person because of race, color, religion,
sex, national origin, handicap, sexual orientation, marital status,
lawful source of income, age or ancestry that any dwelling is not
available for inspection, sale or rental when such dwelling is, in
fact, so available.
For profit, to induce or attempt to induce any person to sell
or rent any dwelling by representations regarding the entry or prospective
entry into the neighborhood of a person or persons of a particular
race, color, religion, sex, national origin, handicap, sexual orientation,
marital status, lawful source of income, age or ancestry.
For any bank, savings and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part in the making of commercial real estate loans, to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling, or to discriminate against him or her in the fixing of the amount, interest rate, duration or other terms or conditions of such loan or other financial assistance because of the race, color, religion, sex, national origin, handicap, sexual orientation, marital status, lawful source of income, age of ancestry of such person or of any person associated with him or her in connection with such loan or other financial assistance or the purposes of such loan or other financial assistance, or of the present or prospective owners, lessees, tenants or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is given; provided, however, that nothing contained in this section shall impair the scope of the effectiveness of the exception contained in § 16.16 of this chapter.
To deny any person access to or membership or participation
in any multiple-listing service, real estate broker's organization
or other service, organization or facility relating to the business
of selling or renting dwellings or to discriminate against him or
her in the terms or conditions of such access, membership or participation
on account of race, color, religion, sex, national origin, handicap,
sexual orientation, marital status, lawful source of income, age or
ancestry.
One or more persons related by blood, adoption or marriage
or not more than two unrelated persons living and cooking together
as a single housekeeping unit.
Any physical disability or developmental disability as defined
under W.S.A. s. 51.01(5)(a).
Any building, structure or portion thereof which is occupied
as, or designed or intended for occupancy as, a residence by one or
more families, and any vacant land which is offered for sale or lease
for the construction or location thereon of any such building, structure
or portion thereof.
One or more individuals, corporations, partnerships, associations,
labor organizations, legal representatives, mutual companies, joint
stock companies, trusts, unincorporated organizations, trustees, trustees
in bankruptcy, receivers or fiduciaries.
To lease, to sublease, to let and otherwise grant for a consideration
the right to occupy premises not owned by the occupant.
Nothing in this subchapter shall:
(1)
Prohibit discrimination on the basis of age in relation to housing
designed to meet the needs of elderly individuals.
(2)
Prohibit from exacting different or more stringent terms or conditions
for financing housing based upon the age of the individual applicant
for financing if the terms or conditions are reasonably related to
the individual applicant.
(3)
Prohibit the development of housing designed specifically for a person
with a handicap and discrimination on the basis of handicap in relation
to such housing.
[Added by Ord. No. 1007; amended 9-8-1999 by Ord. No. 1419; 3-11-2020 by Ord. No. 1983]
(1)
The City Council of the City of Shawano hereby adopts § 106.50,
Wis. Stats., as amended, and all subsequent amendments thereto.
(2)
The officials and employees of the City of Shawano shall assist in
the orderly prevention and removal of all discrimination in housing
within the City of Shawano by implementing the authority and enforcement
procedures set forth in § 106.50, Wis. Stats., as amended.
(3)
The City Clerk shall maintain forms for complaints to be filed under
§ 106.50, Wis. Stats., as amended, and shall assist any
person alleging a violation thereof in the City of Shawano to file
a complaint thereunder with the Wisconsin Department of Workforce
Development, Equal Rights Division, for enforcement of § 106.50,
Wis. Stats., as amended.
The Council as a committee of the whole, or committee appointed
for this purpose, shall have the power and duty to study the existence,
character, cause and extent of the denial of equal opportunities because
of sex, race, color, handicap, religion, national origin, sex or marital
status of the person maintaining the household, lawful source of income,
age or ancestry in the City. It may disseminate information and attempt
by means of discussion and other means to educate the people of the
City to a greater understanding, appreciation and practice of human
rights, to the extent that the City will be a better place to live.
It shall receive complaints alleging violation of this subchapter
arising from bona fide transactions and attempt to eliminate or remedy
any violation by means of conciliation, persuasion, education or any
other means. In those cases where the Committee obtains compliance
with this subchapter or the Committee finds that the complaint is
without foundation, no public disclosure shall be made of the person
or persons named in the complaint.
Whenever the said Committee is unable to eliminate or correct
an alleged discriminatory housing practice by informal means, it may
request the City Attorney to commence and prosecute a civil action
to enforce the provisions of this subchapter. The City Attorney may
bring a civil action in Circuit Court by filing with it a complaint
setting forth the facts and requesting such preventive relief, including
an application for a temporary or permanent injunction, restraining
order or such other order as he or she deems necessary to ensure the
full enjoyment of the rights granted by this subchapter; provided,
however, that nothing contained herein shall prevent the imposition
of a forfeiture in addition to other remedies enumerated herein.
Nothing in this subchapter shall be deemed to prohibit an owner
or agent from acquiring from any person who seeks to buy, rent or
lease housing, information concerning family, marital, financial and
business status, but not concerning race, color, physical condition,
developmental disability, as defined in W.S.A. s. 51.01(5), or creed.
Any person who shall violate any provision of this subchapter shall be subject to a penalty as provided in § 20.04 of this Code in addition to the specific penalties provided in this subchapter. A separate offense shall be deemed committed on each day on which a violation of this subchapter occurs or continues.
