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.
C. 
Continued violation of any code or ordinance shall cause the Department to issue citations with possible forfeitures as determined by Village of Bellevue Municipal Court pursuant to § 1-4 of this chapter.
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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.