The Community Development Director is responsible for the enforcement
of this chapter; however, it is declared that the intent of this chapter
can be most effectively carried out by the cooperation of all Village
departments concerned, and all such departments shall cooperate with
the Community Development Director in the enforcement of this chapter.
A.
Inspections to be made by officials of the Community Development
Department. Under the direction of and authority given by the Community
Development Director, the officials of the Community Development Department
(Department) shall make inspections to determine the condition of
dwelling units, rooming units, and premises located within the Village
and may enter with due cause any building during reasonable hours
in the discharge of their duties, and any person who interferes with
the Department in the discharge of its duties shall be in violation
of this chapter. Department personnel shall have proper identification
and shall show same when making such inspections.
B.
Access of owner or operator. Every occupant of a dwelling, dwelling
unit, or rooming unit shall give the owner or operator thereof, or
an agent or employee, access to any part of such dwelling, dwelling
unit, or rooming unit or its premises at all reasonable times for
the purpose of maintenance or making such repairs or alterations as
are necessary to effect compliance with this chapter or with any lawful
rule or regulation adopted, or any lawful notice or order issued,
pursuant to the provisions of this chapter.
A.
Whenever the Department determines that there is a violation or that
there are reasonable grounds to believe that there is a violation
of any of the provisions of this chapter or of any rule or regulation
adopted pursuant thereto, a notice shall be given of such violation
or alleged violation to the person or persons responsible therefor
stating a reasonable time as determined by the Department to bring
said violation into compliance or to show proof that no violation
exists.
B.
When a building or property is so damaged, decayed, dilapidated, unsanitary, difficult to heat, unsafe, or vermin-infested that it creates a hazard to the health or welfare of the occupants or the public as stated in § 258-9A herein, a notice in accordance with the provisions of § 66.0413, Wis. Stats., shall be given of such violation or alleged violation to the person or persons responsible therefor stating a reasonable time as determined by the Department to bring said violation into compliance or to show proof that no violation exists. The provisions of § 66.0413, Wis. Stats., pertaining to the service of notices, petition for hearing and review by the Circuit Court, are adopted by reference and made a part of this chapter as if fully set forth herein.
Whenever the Department finds that an emergency exists which requires immediate action to protect the public health, safety, welfare, or repose, the Department may, without notice or hearing and in accordance with the provisions of § 66.0413, Wis. Stats., issue an order reciting the existence of such an emergency and requiring that such action be taken as the Department deems necessary to meet the emergency. Such order shall be effective immediately. Notwithstanding any other provision of this chapter, every notice served by the Department in accordance with the provisions of §§ 258-14B, C, F, H, I and J, 258-15G, 258-21N and 258-24A(11), (12) and (15) and B(2) and (3) of this chapter shall be regarded as an emergency order. The following are examples but shall not be considered an all-inclusive list of conditions that warrant an emergency order:
A.
Any condition that jeopardizes the security of the unit.
B.
Major plumbing leaks or flooding, waterlogged ceiling or floor in
imminent danger of falling.
C.
Natural or LP gas or fuel oil leaks.
D.
Any electrical problem or condition that could result in shock or
fire.
E.
Absence of a working heating system when outside temperature is below
60° F.
F.
Conditions that present the imminent possibility of injury.
G.
Obstacles that prevent safe entrance to or exit from the unit.
H.
Absence of a functioning toilet in the unit.
I.
Discontinuance of required services, facilities, equipment, or utilities.
A.
When condemnation required. Any dwelling unit which the Department
finds to have any of the following defects shall be condemned as unfit
for human habitation, occupancy, or use:
(1)
One which is so damaged, decayed, dilapidated, unsanitary, difficult
to heat, unsafe, or vermin-infested that it creates a hazard to the
health or welfare of the occupants or the public.
(2)
One which lacks illumination, ventilation, or sanitary facilities
adequate to protect the health or welfare of the occupants or the
general public.
(3)
One which because of its general condition or location is unsanitary
or otherwise dangerous to the health or welfare of the occupants or
the general public. Any dwelling or dwelling unit may be condemned
by the Village as unfit for human habitation if the owner or occupant
fails to comply with any order based on the provisions of this chapter
or any rule or regulation adopted pursuant thereto, provided such
dwelling or dwelling unit is, in the opinion of the Department, unfit
for human habitation by reason of such failure to comply.
B.
Procedure for condemnation. The condemnation of dwellings and dwelling
units as unfit for human habitation, occupancy, or use shall be carried
out in accordance with § 66.0413, Wis. Stats., and the Brown
County Health Department is designated as the "other designated officer"
under such provisions. In brief, this procedure is comprised of proper
notification, establishing a time requirement for compliance, an opportunity
for a hearing, Circuit Court involvement, and potential razing of
the structure by owner or municipality.[1]
Whenever there are practical difficulties in carrying out the
provisions of this chapter, the Department shall have the authority
to grant modifications for individual cases where the owner makes
written request to modify said requirement, provided the Department
finds that special individual reason makes strict enforcement of this
chapter impractical and the modification is in compliance with the
intent and purpose of this chapter and that such modification does
not lessen health, safety, welfare, and fire safety requirements.
All details of the action granting the modification shall be in writing
and kept in the Department files for a length of time as required
by state statute.
Where regulations contained herein conflict with or are either
more or less restrictive than comparable regulations imposed by other
provisions of this chapter, or any other law, ordinance, rule, resolution,
or regulations, the requirements that are more restrictive or which
impose a higher standard shall govern.
Any violation of the provisions of this chapter by any person shall be unlawful and shall be referred to the Municipal Attorney who shall expeditiously prosecute all such violators. A violator shall, upon conviction, forfeit to the municipality a penalty in accordance with § 1-4 of this Code or § 66.0413, Wis. Stats., as applicable. Under § 1-4 each day of continued violation shall constitute a separate offense; under § 66.0413, Wis. Stats., every week shall constitute a separate offense. Every violation of this chapter is a public nuisance and the creation may be enjoined and the maintenance may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to Wisconsin Statutes.
