This chapter shall be known and may be cited and referred to
as the Housing Code of the Village of Dresser.
The purpose of this code is to protect the health, safety and
welfare of the people of the Village by establishing minimum housing
standards and eliminating and preventing the development of slum conditions,
determining and establishing the responsibilities of owners and occupants
of residential buildings and providing for administrative enforcement
and penalties.
(1)
General. The provisions of this chapter shall apply to all buildings or portions thereof used, or designed or intended to be used, for human habitation. Such occupancies and uses in existing dwellings may be continued if such use or occupancy was legal at the time of adoption of this code, provided such structures are not substandard and such continued use is not dangerous to life. The decision of the Health Officer therein shall be subject to appeal to the Board of Zoning Appeals, as provided in ch. 17 of this Code.
(2)
Alterations and relocations. Existing dwellings which are altered
or enlarged shall be made to conform to this code insofar as new work
is concerned and in accordance with the provisions of the Building
Code. Existing buildings which are moved or relocated shall be considered
new buildings and shall comply with all the requirements of this code.
Certain words or terms in this chapter are defined for the purpose
hereof as follows:
(1)
APPROVED — Approved shall mean approved by the Health Officer
appointed to enforce the provisions of this chapter.
(2)
BASEMENT — 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.
(3)
CELLAR — 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.
(4)
DWELLING — Any building or structure, or part thereof, which
is used or intended to be used for living or sleeping.
(5)
DWELLING UNIT — A room or group of rooms or part thereof 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.
(6)
EXTERMINATION — 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 the Health Officer.
(7)
FIRST STORY — That story of a dwelling at or next above the
average grade of adjoining ground.
(8)
GARBAGE — The animal and/or vegetable waste resulting from
the handling, preparation, cooking and consumption of food.
(9)
HABITABLE ROOM — 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.
(10)
INFESTATION — The presence, within or around a dwelling, or
in or near waste disposal containers, of any insects, rodents or other
pests.
(11)
MULTIPLE DWELLING — Any dwelling containing more than two dwelling
units.
(13)
OCCUPANT — Any person living, sleeping, cooking or eating in
or having possession or use of a dwelling unit.
(14)
OPERATOR — Any legally responsible person who has charge, care
or control of a building, or part thereof, in which dwelling units
are leased or let.
(15)
OWNER — Any legally responsible person who, alone or jointly
or severally with others:
(a)
Has legal title to any dwelling, with or without actual possession
thereof; or
(b)
Has charge, care or control of any dwelling 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 owner
shall be bound to comply with the provisions of this chapter to the
same extent as if he were the owner.
(16)
ORDINARY MINIMUM WINTER CONDITIONS — A temperature of 15°
F. above the lowest recorded temperature for the previous ten-year
period.
(17)
PLUMBING — 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.
(18)
PREMISES — Includes any part of a dwelling or building and
its land.
(19)
ROOMING UNIT — Any room or group of rooms forming a single
habitable unit used or intended to be used for living and sleeping,
but not for cooking or eating purposes.
(20)
ROOMING HOUSE — Any dwelling, or that part of any dwelling,
containing one or more rooming units in which space is let by the
owner or operator.
(21)
RUBBISH — 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.
(22)
SUBSTANDARD BUILDING — Any building, or portion thereof, used
for human habitation which does not comply with this chapter.
(23)
SUPPLIED — 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.
(1)
Sink, flush water closet, lavatory basin and bathtub or shower in
dwellings.
(a)
Every dwelling unit shall contain the following:
1.
A kitchen sink in good working condition, properly connected
to an approved water and sewer system.
2.
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.
(b)
No water closet shall be of the flush hopper, frostproof hopper,
privy or similar type where a sewer system is available to the property;
and where no sewer is available, such facilities shall be used only
when approved by the Health Officer.
(2)
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.
(3)
Floors and ventilation of bathrooms and water closets.
(a)
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.
(b)
Every bathroom and water closet compartment shall be provided
with windows meeting the requirements for light and ventilation of
habitable rooms prescribed in sec. 19.07 of this chapter or with an
approved mechanical or gravity ventilation system affording adequate
ventilation and maintained in good working condition at all times.
(4)
Piped hot and cold running water.
(a)
Every kitchen sink, lavatory basin and bathtub or shower required
under this chapter shall be connected and supplied with hot and cold
running water.
(b)
Every dwelling shall have supplied water heating facilities
which are properly installed and connected to water lines maintained
in safe and good working condition and of a 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.
(1)
Window area and ventilation.
(a)
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. 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 be equal to at least 15% of the total floor
area.
(b)
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
be equal to at least 45% of the minimum window area required by this
section except where there is supplied some other device affording
adequate ventilation and approved by the Health Officer.
(2)
Screening.
(a)
When flies or other pests are prevalent, all openable windows,
as required by sub. (1) above, shall be effectively screened and screen
doors shall be self-closing. Screens and screen doors shall be maintained
in good condition.
(b)
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.
(3)
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.
(4)
Public hall lighting. Every public hall and stairway in every multiple
dwelling shall be lighted to at least five foot candles on the floor
and stairs at all times.
(5)
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.
(1)
Floor space.
(a)
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.
(b)
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.
(2)
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.
(3)
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.
(4)
Cellar space. No cellar space shall be used as a habitable room or
dwelling unit; provided, however, that this subsection shall not prohibit
a recreation room in a cellar as long as it is not used for sleeping
purposes and provided that in a one- or two-family home, cellar space
may be used as a sleeping room by members of the immediate family
of a resident owner or tenant, provided that:
(a)
The floors and walls are impervious to leakage of underground
and surface run-off water.
(b)
The ceiling height throughout the unit is at least seven feet.
(c)
It is separated from heating equipment, incinerators or other
equally hazardous equipment by a standard one-hour fire partition.
(d)
Access can be gained to the unit without going through a furnace
room. Such room cannot be used in computing the total floor area for
the purpose of determining the maximum permissible occupancy thereof.
(5)
Basement dwelling units. No basement space shall be used as a dwelling
or rooming unit unless:
(a)
The floor and walls are impervious to leakage of underground
and surface run-off water.
(b)
The total window area between stops in each room is equal to
at least 8% of the floor area and is entirely above the grade of the
ground adjoining such window area.
(c)
The total openable window area in each room is equal to 45%
of the minimum window area, except where there is supplied a mechanical
ventilation system to the outside air capable of completely changing
the air in the room every 15 minutes.
(d)
The ceiling height throughout the unit is at least seven feet.
(e)
It is separated from heating equipment, incinerators or other
equally hazardous equipment by a standard one-hour fire partition.
(f)
Access can be gained to the unit without going through a furnace
room.
(g)
Two independent means of egress are provided from every basement
containing more than one dwelling unit or one rooming unit.
(1)
Structural soundness.
(a)
Members. Every foundation, door, outer wall, ceiling and roof
shall be kept in good repair.
(b)
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.
(c)
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 Health Officer
may require a handrail for each stair if deemed necessary.
(d)
Handrails. Every stairway of more than three risers must have
a handrail of height corresponding to the Department of Commerce requirements
and be safely enclosed to handrail height.
(2)
Mechanical soundness of plumbing. All plumbing shall be properly
installed and maintained in sanitary condition free from defects,
leaks and obstructions.
(3)
Exits. Every dwelling unit shall have a safe, unobstructed means
of egress leading to safe and open space ground level, as required
by the Wisconsin Statutes and the provisions of this chapter.
(4)
Exterior wood surfaces. All exterior wood surfaces shall be reasonably
protected from the elements.
(5)
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.
(1)
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, as follows:
(a)
Provisions for garbage and rubbish disposal facilities or containers
where the dwelling exceeds two units.
(b)
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.
(c)
Provisions of all other facilities, utilities, service or conditions
required by this chapter.
(2)
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 sub. (1) above.
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 this chapter.
(1)
Permit required.
(a)
No person shall operate a rooming house unless he 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 chapter 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 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.
(b)
Any person whose application for 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 sec. 19.15 of this chapter.
(c)
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 chapter 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 finds that such conditions
or practices have not been corrected, he shall give notice, in writing,
to the operator that the permit has been suspended. Upon receipt of
notice of suspension, the operator shall immediately cease operation
of such rooming house and no person shall occupy for sleeping or living
purposes any rooming unit therein.
(d)
Any person whose permit to operate a rooming house has been
suspended, or who has received notice from the Health Officer that
his permit is to be suspended unless existing conditions or practices
at his rooming house are corrected, may request and shall be granted
a hearing on the matter before the Health Officer under the procedure
provided by sec. 19.15 of this chapter. 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.
(2)
Bathroom requirements. 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 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 of the required number of water
closets. All such facilities shall be so located within the building
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.
(3)
Towels and bed linen. 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.
(4)
Area requirements. 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.
(5)
Shades and drapes. Every window of every room used for sleeping shall
be supplied with shades, draw drapes or other devices or materials
which, when properly used, will afford privacy to the occupant of
the room.
(6)
Safe means of egress. Every rooming unit shall have safe, unobstructed
means of egress leading to safe and open space at ground level, as
required by the laws of the State and the Village.
(7)
Sanitary conditions. 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 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.
(8)
Hotel application. Every provision of this chapter 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.
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 emergencies when discontinuance of service is approved by
the Department of Public Works. 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 Health Officer shall
be notified and shall thereupon take immediate steps to have the responsible
person correct conditions leading to such discontinuance of services.
This section shall not be construed to prevent the cessation or discontinuance
of any such service upon order of the Health Officer or any other
authorized officials.
(1)
Dangerous dwellings enumerated. 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.
(a)
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.
(b)
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.
(c)
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.
(d)
Those which have been damaged by fire, wind or other causes
so as to no longer 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 citizens of the Village.
(e)
Those which have become or are so dilapidated, decayed, unsafe,
insanitary 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 citizens at large.
(f)
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.
(g)
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.
(h)
Those which have parts thereof which are so attached that they
may fall and injure occupants or the public or other property.
(2)
Declaration of nuisance and orders.
(a)
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 sec. 19.15 of this chapter.
(b)
In any case where a dangerous dwelling is 50% or more damaged
or decayed or deteriorated from its original structure, or where it
cannot be repaired so as to comply with the terms of this chapter,
it shall be ordered vacated and demolished in accordance with the
provisions of sec. 19.15 of this chapter.
(1)
The Health Officer shall make inspections to determine the condition
of dwellings, dwelling units and premises located within the Village
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 Health Officer may enter, examine and survey
at any reasonable hour all dwellings, dwelling units and premises,
and the owner, occupant or the person in charge thereof shall give
the Health Officer free access thereto for the purpose of such inspection.
(2)
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.
(3)
No officer, agent or employee of the Village 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 Village as a result of the proper discharge of his
duties under this chapter shall be defended by the Village Attorney
until final determination of the proceedings therein.
(1)
Notices of violation.
(a)
Whenever the Health Officer 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
the following:
1.
A list of violations with reference to the section of this chapter
violated and an order as to the remedial action required to effect
compliance with this chapter.
2.
Specification of a reasonable time for compliance.
3.
Advice concerning the procedure for appeal.
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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.
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(b)
Whenever the Health Officer determines that a dwelling is a
dangerous dwelling, as defined in sec. 19.13 of this chapter, he shall:
1.
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 Health Officer shall remove the placard
whenever the defect or defects upon which the condemnation and placarding
were based have been eliminated.
2.
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 sec. 19.13 of this chapter that:
(2)
Hearings.
(a)
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 Board of Zoning Appeals, provided
such person shall file in the office of the Health Officer 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 within
30 days after the date the notice and order are served. Upon receipt
of the petition, the Health Officer shall set a time and place for
hearing before the Board of Zoning Appeals 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 was filed.
(b)
After the hearing, the Board of Zoning Appeals, 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 Health Officer shall be notified
within 10 days, in writing, of such findings.
(c)
The proceedings of the hearing, including the findings and decision
of the Board of Zoning Appeals and the reasons therefor shall be summarized
in writing and entered as a matter of public record in the office
of the Health Officer. Such record shall also include a copy of every
notice and order issued in connection with the case.
(3)
Orders to vacate.
(a)
When 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 and if no petition for a hearing has been
filed, it is found that the violation or violations have not been
remedied, the Health Officer may order the dwelling, or parts thereof
affected by the continued violations, vacated in accordance with the
following procedure:
1.
Dwellings shall be vacated within a reasonable time, not to
exceed 60 days.
2.
Vacated dwellings shall have all outer doors firmly locked and
the basement, cellar and first and second story windows barred or
boarded to prevent entry.
3.
Vacated dwellings shall not again be used for human habitation
until written approval is secured from the Health Officer.
(b)
If a dwelling or part thereof is not vacated within the time
specified in the order to vacate, the Health Officer shall seek a
court order in a court of competent jurisdiction for the vacation
of such dwelling or part thereof.
(4)
Emergency order. Whenever the Health Officer 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 Board of Zoning Appeals, petitioner shall be afforded a hearing
pursuant to sub. (2) above.
(5)
Vacation and demolition.
(a)
If the owner, occupant or lessee fails to comply with the order
of the Health Officer or the action of the Board of Zoning Appeals
after hearing, the Health Officer 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 Village 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 against the owner.
(b)
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 Health Officer 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 par. (a) above.
For the purpose of this chapter, the Board of Zoning Appeals
shall:
(1)
Adopt rules of procedure not inconsistent with this chapter and keep
a record of all proceedings, including the vote of each member on
each case heard. No member of the Board shall take part in any hearing
or determination in which he had directly or indirectly any personal
or financial interest. Three members of the Board in attendance at
any meeting shall constitute a quorum.
(2)
Interpret the intent of this chapter in specific cases where, upon
appeal, it clearly appears that, by reason of special conditions,
undue hardship would result from literal application of any section
of this chapter. Where such undue hardship is clearly demonstrated,
the Board may permit a variance from the applicable section provided
the dwelling will vary only a reasonable minimum from the literal
provision of this chapter and will comply generally with the spirit
and intent of the regulations as to sanitation, safety and rehabilitation.
Any such variance shall be permitted only by the concurring vote of
at least three members of the Board.
[Added by Ord. No. 193]
(1)
Except as specifically provided elsewhere in this Code, the provisions
of § 106.50 Wis. Stats., describing and defining acts of
unlawful discrimination in housing, including provisions relating
to penalties and costs to be imposed for violations, are hereby adopted
and, by reference, made a part of this chapter as if fully set forth
herein.
(2)
Except as specifically provided elsewhere in this Code, the provisions
of § 66.1011, Wis. Stats., describing and defining the authority
of local units of government to enact ordinances prohibiting unlawful
discrimination in housing, are hereby adopted and, by reference, made
a part of this chapter as if fully set forth herein.
(3)
A complainant, aggrieved person or respondent with respect to a complaint
arising under the provisions of § 106.50, Wis. Stats., may
elect to remove the action to circuit court after a finding has been
made that there is reasonable cause to believe that a violation of
this section has occurred.
(4)
The Village may, at any time after a complaint has been filed alleging
a violation, file a complaint in circuit court seeking a temporary
injunction or restraining order pending final disposition of the complaint.
(5)
The Clerk-Treasurer shall maintain a supply of forms for complaints
to be filed under § 106.50, Wis. Stats., and shall assist
any person alleging a violation thereof in the Village to file such
complaint with the designated State administrative agency.
Any person who shall violate any provision of this chapter or
any order, rule or regulation made hereunder shall be subject to a
penalty as provided in sec. 25.04 of this Code. In any such action,
the fact that a permit was issued shall not constitute a defense,
nor shall any error, oversight or dereliction of duty on the part
of the Health Officer constitute a defense.
