In addition to the requirements of § 258-13, Scope and applicability, § 258-14, Minimum requirements for basic equipment, exits and facilities, § 258-15, Minimum requirements for light, glazing, ventilation, electric and heating, and § 258-16, Minimum space, use and location requirements, of this chapter, no person shall operate a rooming house, shelter facility, or dormitory, or occupy or let to another for occupancy any rooming unit in any rooming house or shelter facility or dormitory, except in compliance with the requirements of this article and any other applicable section within the Village of Bellevue Zoning and Municipal Codes.
A.
Required. No person shall operate a rooming house, shelter facility,
or dormitory without a valid rooming house/shelter facility conditional
use permit issued by the Village in the name of the operator and for
the specific dwelling, dwelling unit, or structure within which the
rooming house, shelter facility, or dormitory is contained, provided
the provisions of this subsection shall not apply to a rooming house
associated with and run in connection with licensed educational institutions,
hotels, motels, bed-and-breakfast establishments, and community living
arrangements for eight or fewer persons which are licensed by an agency
of the State of Wisconsin. Shelter facilities, as defined in the Village
of Bellevue Municipal Code, shall comply with all the rules and regulations
herein.
B.
Application. Pursuant to Village of Bellevue Zoning Code, Article
XXXVII, Administration and Enforcement, and Article XXVI, Physical
Development Standards, the operator shall file the application for
a rooming house, shelter facility, or dormitory conditional use permit,
to include site and building plans, in the office of the Community
Development Director on development request application forms provided
by the Village.
C.
Issuance of building permit and fees. After a rooming house, shelter
facility, or dormitory conditional use permit has been approved, any
provisions of approval satisfied, and when all applicable provisions
of this article and any rules and regulations adopted pursuant thereto
have been shown to be in compliance on a Village approved plan, an
operating permit with annual renewal, and where necessary a building
permit, may be issued to change the use as approved, and with fees
paid construction, if any, may begin.
D.
Posting of permit. Every rooming house, shelter facility, and dormitory
permit issued by the Village shall be conspicuously posted by the
operator in the rooming house, shelter facility, or dormitory for
which it is issued and shall remain so posted at all times unless
removed by the order of the Department.
E.
Nontransferability of permit. No rooming house, shelter facility,
or dormitory permit issued under this article shall be transferable
as to person or place without express written approval by the Village.
F.
Relationship of permit to other codes. The issuance of a rooming
house, shelter facility, or dormitory operating permit shall not relieve
the owner or operator of responsibility for compliance with the codes
and requirements of all authorities having jurisdiction as applicable.
G.
Suspension and revocation of permit.
(1)
When suspension required. Whenever, upon inspection of a rooming
house, shelter facility, or dormitory, the Department finds that conditions
or practices exist which are in violation of any provision of this
chapter or any other provisions of the Village of Bellevue Zoning
and Municipal Codes or rule or regulation adopted pursuant thereto,
or if the operator keeps or maintains a disorderly house, the Department
shall, as a first step in gaining compliance prior to commencing a
raze action pursuant to § 66.0413, Wis. Stats., give written
notice to the operator of such rooming house, shelter facility, or
dormitory that unless such conditions or practices are corrected within
a reasonable period as determined by the Department, the operator's
rooming house, shelter facility, or dormitory permit will be suspended.
(2)
Hearing. Prior to the Department commencing a raze action pursuant
to § 66.0413, Wis. Stats., any person who has received notice
from the Department that the permit is to be suspended unless the
existing condition or practices are corrected may request and shall
be granted a hearing on the matter before the Village Board. Determinations
made by the Village Board as a result of this hearing shall be binding
upon the operator/owner. A request for hearing made by the operator/owner/lessee
under this subsection shall not preclude the Village from seeking
other injunctive relief pursuant to § 66.0413, Wis. Stats.
(3)
Suspension. If no petition for such hearing is filed within 20 days,
the permit shall be automatically suspended and the operator shall
cease operation of such rooming house or shelter facility. Based on
the condition of the facility, the Department may also commence action
to raze the facility in accordance with § 66.0413, Wis.
Stats.
No operator shall at any time allow a larger number of persons
to occupy any individual or group sleeping room than is permitted
by this article.
No person shall operate a rooming house, shelter facility, or dormitory unless all of the requirements of §§ 258-13, 258-14, 258-15, 258-16 and 258-24 of this chapter are complied with, provided that for the purpose of interpreting the requirements of the designated sections applicable to the enforcement of this article, "multiple dwelling" or "dwelling" shall be interpreted to mean rooming house, shelter facility, or dormitory, and "dwelling unit" shall be interpreted to mean rooming unit. Every dwelling unit located within a rooming house, shelter facility, or dormitory shall comply with all of the requirements for dwelling units as established in accordance with this chapter.
A.
Toilets and lavatory basins. At least one toilet and lavatory basin,
properly connected to an approved water and sewer system and in good
working condition, shall be supplied for each eight persons or fraction
thereof residing within a rooming house or shelter facility, including
members of the operator's family wherever they share the use
of such facilities.
B.
Baths. At least one bath, properly connected to an approved water
and sewer system and in good working condition, shall be supplied
for each eight persons or fraction thereof residing within a rooming
house or shelter facility, including members of the operator's
family wherever they share the use of such facilities.
C.
Location of sanitary facilities. Every toilet, lavatory basin, and
bath shall be located within a room which affords privacy to a person
within. All such facilities shall be located within the rooming house
or shelter facility and shall be accessible to the occupants of each
rooming unit sharing such facilities without going outside of the
dwelling and without going through another dwelling unit or through
a rooming unit of another occupant.
D.
Minimum area for sleeping purposes for rooming house/shelter facility.
(2)
Exception. Upon request of the operator, the Department may at its
discretion, with due cause, allow homeless families on an emergency
basis to occupy a sleeping room of a shelter facility which does not
meet the above minimum sleeping area requirements if the operator
makes all reasonable attempts to place the family in another shelter
which meets those requirements and so long as the family is placed
in a room which complies with these regulations within 72 hours.
E.
Minimum area for sleeping purposes for dormitories. The capacity
of any room occupied for sleeping purposes shall be as follows:
(1)
Sleeping areas of at least 50 square feet per person residing in
the dormitory with no more than four individuals per room, except
that more than four individuals may be allowed per room if all said
individuals are related by blood, marriage, or adoption.
(2)
Rooms shall consist of enclosed spaces having walls that extend from
the ceiling to the floor and an entry door.
F.
Number of sleeping rooms. Every sleeping room in every rooming house,
shelter facility, or dormitory shall be numbered in a plain and conspicuous
manner, the number to be placed on the outside of the door to such
sleeping room. No two doors shall bear the same number. No number
on any door of any sleeping room shall be changed to any other number
without first securing the written approval of the Community Development
Director.
G.
Preparation of meals in rooming units of rooming houses and shelter
facilities prohibited. No occupant of a sleeping room shall prepare
meals or store perishable foods therein. The operator shall post in
every sleeping room a sign on which shall be written or printed in
letters not less the 3/8-inch in height the following words: "NO COOKING
OR STORING PERISHABLE FLOODS PERMITTED IN THIS ROOM" and such sign
shall remain posted at all times.
H.
Preparation and eating of meals in dormitories; number of kitchens/dining
areas. In lieu of a cafeteria, there shall be one kitchen and dining
area for every 10 individuals or fraction thereof residing in the
dormitory facility. Where a cafeteria sized for the overall capacity
of the facility is provided, there shall be one kitchen and dining
facility for every 50 individuals or fraction thereof residing in
the dormitory facility.
I.
Number of laundry facilities required in rooming houses and dormitory
facilities. There shall be one laundry facility, consisting of a minimum
of one clothes washer, one clothes dryer, and a washbasin, for every
10 individuals or fraction thereof residing in the rooming house or
dormitory facility.
J.
Number and size of common area/lounge required in rooming house,
shelter facility, and dormitories. There shall be a common use area/lounge
of at least 600 square feet in size for relaxation and recreation
of the occupants for every 10 individuals or fraction thereof residing
in the rooming house, shelter facility, or dormitory.
K.
Bed linens and towels. The operator of every rooming house, shelter
facility, or dormitory shall effect the change of supplied bed linens
and towels therein at least once each week and prior to the letting
of any room to any occupant. The operator shall maintain all supplied
bedding in a reasonably clean and sanitary manner.
L.
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.
M.
Sanitary maintenance. The operator of every rooming house, shelter
facility, or dormitory shall maintain in a sanitary condition all
walls, floors, and ceilings and every part of the rooming house, shelter
facility, or dormitory and the entire premises where the entire structure
or building within which the rooming house, shelter facility, or dormitory
is contained is leased or occupied by the operator.
N.
Storage and disposal of rubbish and garbage. Adequate garbage and
rubbish storage containers, whose type and location are approved pursuant
to Village of Bellevue Zoning Ordinance, Article XXXVII, Administration
and Enforcement, Section G, Article XXV, Multi-Family Development
Standards, and/or Article XXVI, Physical Development Standards, as
appropriate, shall be supplied by the rooming house or shelter facility
operator. The operator shall dispose of all rubbish and garbage in
a clean and sanitary manner by placing it in the required containers.
O.
Hanging screens, storm doors, and storm windows. The operator of
a rooming house, shelter facility, or dormitory shall hang all screen
and double storm doors and windows whenever the same are required
under this chapter or any rule or regulation adopted pursuant thereto
except where the owner has agreed to supply such service. Screens
shall be required from May 1 until October 1 of each year. Storm windows
and storm doors shall be required all other times of the year.
P.
Extermination of pests. The operator of a rooming house, shelter
facility, or dormitory shall cause the extermination of any insects,
rodents, or other pests therein and on the entire premises where the
entire structure or building within which the rooming house or shelter
facility is contained is leased or occupied by the operator. Notwithstanding
the foregoing provisions of this subsection, whenever infestation
of a rooming house, shelter facility, or dormitory is caused by a
failure of the operator to maintain the dwelling within which the
rooming house, shelter facility, or dormitory is contained in a rodentproof
or reasonably insectproof condition, extermination shall be the responsibility
of the owner.
Q.
Exits and doors. Every sleeping room in every rooming house, shelter
facility, or dormitory shall have exits which conform to the exit
requirements of the Village of Bellevue Building Codes, if any, and
State Building Codes § SPS 321.03, Wis. Adm. Code, for one-
and two-family dwellings and Ch. SPS 362, Wis. Adm. Code, for three
or more family dwellings and commercial buildings, as applicable.
In addition, every exit and passageway shall comply with the following:
(1)
It shall be easily accessible from every sleeping room by passageway,
without passing through any part of another sleeping room.
(2)
It shall be kept in a reasonably good state of repair.
(3)
It shall be unobstructed at all times.
(4)
Exterior doors shall be weatherstripped to avoid air infiltration,
have a threshold, have no holes, have all trim intact, and shall be
lockable. Doors shall not be secured with hardware or other means
that would prevent a person from exiting a building without the use
of keys, tools, special knowledge or effort.
(5)
Exit doors from sleeping rooms shall not have holes, shall have trim
intact, and shall be lockable. Doors shall not be secured with hardware
or other means that would prevent a person from exiting without the
use of keys, tools, special knowledge or effort.
(6)
Interior doors. All interior doors shall have no holes, have all
trim intact, and be openable without the use of a key. This requirement
does not preclude the use of a bathroom or bedroom privacy lock.
The operator of a rooming house, shelter facility, or dormitory
shall report to the Brown County Health Department or any State of
Wisconsin health care professional licensed under Chapter 441 (Board
of Nursing) or Chapter 448 (Medical Practices), Wis. Stats., immediately
upon discovery the name of any person living in the rooming house
or shelter facility who is suffering from any communicable disease,
as listed in Ch. DHS 145, Wis. Adm. Code, and such report shall be
made whenever there is reason to believe or suspect that any person
in such rooming house, shelter facility, or dormitory may be afflicted
with any communicable disease.
Each rooming house, shelter facility, or dormitory shall provide
a register and require all occupants to register their true names
before being assigned a sleeping room. The register shall be kept
intact for at least one year.
A.
Unless
otherwise precluded by state or federal law, the operator of a rooming
house, shelter facility, or dormitory shall give the law enforcement
agency all information from the register as is necessary to:[1]
(1)
Assist the law enforcement officer in their search for any wanted
person at any time;
(2)
Assist in missing person inquiries;
(3)
Protect the law enforcement officer prior to law enforcement officer
contact or involvement with an individual at the rooming house or
shelter facility;
(4)
Identify person in need of medical attention;
(5)
Assist in the identification of any deceased person found within
the rooming house or shelter facility; or
(6)
Deliver emergency messages.
B.
Unless
known personally by the operator or agent, the operator or agent shall
require proof of identification, such as a driver's license,
birth certificate, social security card, or other reasonable means
of identification. After the name of a person occupying any sleeping
room, the operator or an agent shall write the number of the room
which such person is to occupy together with the date when such room
is occupied, all of which shall be done before such person is permitted
to occupy such room. No person shall write or cause to be written
in any rooming house or shelter facilities register any other or different
name than the true name of such person.
