[HISTORY: Adopted by the Common Council of the City of Fox
Lake 8-1-2000 (Title 16 of the 1997 Code). Amendments noted where applicable.]
This chapter shall be known as the "Minimum Housing and Property
Maintenance Code."
A.
This chapter is adopted for the purpose of preserving and promoting
the public health, safety, morals, comfort, convenience, prosperity,
and general welfare of the people of the City of Fox Lake and its
environment. This includes, among others, physical, aesthetic, spiritual
and monetary values.
B.
It is recognized that there may now be or may in the future be residential
and nonresidential buildings, structures, yards or vacant areas and
combinations thereof which are so dilapidated, unsafe, dangerous,
unhygienic, overcrowded, inadequately maintained or lacking in basic
equipment or facilities, light, ventilation and heating as to constitute
a menace to the health, safety, and general welfare of the people.
The establishment and enforcement of minimum housing and property
maintenance standards is necessary to preserve and promote the private
and public interest.
A.
Rules. In the construction of this chapter, the rules and definitions
contained in this section shall be observed and applied except when
the context clearly indicates otherwise.
(1)
Words used in the present tense shall include the future.
(2)
Words used in the singular number shall include the plural number,
and the plural the singular.
(3)
The word "shall" is mandatory and not discretionary.
(4)
The word "may" is permissive.
(5)
The phrase "used for" shall include the phrases "arranged for," "designed
for," "intended for," "maintained for" and "occupied for."
B.
ADEQUATE
APARTMENT
APPROVED
ATTRACTIVE APPEARANCE
BASEMENT
BOARDINGHOUSE
BUILDING
CAPACITY IN PERSONS
COMPLIANCE INSPECTION
COOPERATIVE LIVING ARRANGEMENT
DWELLING
DWELLING UNIT
EXTERMINATION
FAMILY
FRIABLE MATERIAL
GOOD WORKING CONDITION
GRAFFITI
HABITABLE ROOM
IMPERVIOUS TO WATER
INFESTATION
LIVING ROOM
LODGING HOUSE
LODGING ROOM
MIXED OCCUPANCY
OCCUPANT
OPERATOR
OWNER
PERSON
PROPERLY
PROVIDED
RESIDENTIAL BUILDING
(1)
(2)
ROOM
ROOMING HOUSE
SLEEPING ROOM
STRUCTURE
SUPPLIED
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
Adequate as determined by the administrative officer under
the regulations of this chapter or adequate as determined by an authority
designated by law or this chapter. "Adequately" shall mean the same
as "adequate."
One or more rooms with provisions for living, cooking, sanitary
and sleeping facilities arranged for use by one family.
Approved by the administrative officer under the regulations
of this chapter or approved by an authority designated by law or this
chapter.
Refers to the exterior appearance of buildings, structures,
stairs, porches, and similar appurtenances and the improvement, planting
and landscaping of yards and vacant areas. The determination of "attractive"
used herein shall be as determined by the administrative officer under
the regulations of this chapter or as determined by an authority designated
by law or this chapter.
That portion of a dwelling between floor and ceiling which
is below or partly below and partly above grade but so located that
the vertical distance from the grade to the floor below is more than
the vertical distance from grade to ceiling.
See "lodging house" and "lodging room."
A combination of materials to form a construction that is
safe and stable and adapted to permanent or continuous occupancy for
assembly, business, educational, high-hazard, industrial, institutional,
mercantile, residential, or a storage purpose; the term "building"
shall be construed as if followed by the words "or portion thereof."
For the purpose of this chapter each portion of a building completely
separated from other portions by an unpierced fire wall shall be considered
as a separate building.
The capacity in persons of a building is the maximum number
of persons that can occupy such building, as determined by the required
floor space per person as established in the Fox Lake general ordinances.
An inspection performed in conjunction with a lawful order
of the Building Inspector for the purpose of certifying the fulfillment
of an official requirement listed in the order.[1]
A collective number of individuals connected by membership
in a cooperative who equally share ownership, occupancy and control
of a dwelling and who live, cook and share expenses as a bona fide
single housekeeping unit. For purposes of determining the applicability
of the Fox Lake general ordinances relating to construction and maintenance
of buildings, a building occupied by a cooperative living arrangement
shall be construed to be a lodging house and shall meet all the requirements
of the same, except where an exception is explicitly provided in the
ordinances.
A place of abode, a residence or a house for use by one or
more persons, excluding hotels or motels.
One or more rooms with provisions for living, cooking, sanitary,
and sleeping facilities arranged for use by one family.
Elimination of infestation.
An individual or two or more persons related by blood, marriage
or legal adoption living together as a single housekeeping unit in
a dwelling unit, including foster children, domestic servants and
not more than four roomers, except that the term "family" shall not,
in R-1, R-2 and R-3 Residence Districts, include more than one roomer
except where such dwelling unit is owner-occupied. In any residence
district, a family may consist of two unrelated adults and the minor
children of each. Such family may not include any roomers except where
the dwelling unit is owner-occupied. For the purpose of this definition,
"children" means natural children, grandchildren, legally adopted
children, stepchildren, foster children, or a ward as determined in
a legal guardianship proceeding. Up to two personal attendants who
provided services for family members or roomers who, because of advanced
age or a physical or mental disability, need assistance with activities
of daily living shall be considered part of the family. Such services
may include personal care, housekeeping, meal preparation, laundry
or companionship.
Any material applied on ceilings, walls, structural members,
piping, duct work, or any other part of a building which when dry
may be crumbled, pulverized, or reduced to powder by hand pressure.
The term includes nonfriable material after such previously nonfriable
material becomes damaged to the extent that when dry it may be crumbled,
pulverized, or reduced to powder by hand pressure.
Capable of performing the task for which it was designed
and in the manner intended by this chapter.
Any unauthorized drawing, figure, inscription, or painting
appearing on sidewalks, streets, walls or any other place in public
view.
Any room or enclosed floor space arranged for living and/or
sleeping purposes.
Constructed of concrete, cement block, terrazzo, brick, tile
or other material approved by the Building Inspector and having tight-fitting
joints and not having more than 4 1/2% absorption by test.[2]
The sustained presence of pests, vermin, or rodents.
A room used primarily for living, dining or cooking purposes.
A dwelling containing lodging rooms that will accommodate
five or more persons not members of a family.
A portion of a dwelling used primarily for sleeping and living
purposes, excluding cooking facilities.
Occupancy of a building in part for residential use and in
part for some other use not accessory thereto.
One who occupies or has actual possession of usable space.
Any person who has charge or control of a building or part
thereof in which dwelling units or lodging rooms are located or let.
Every person, firm, partnership, or any individual member
thereof, corporation, business organization of any kind, the state,
the county, the City, any sewer district, drainage district, the University
of Wisconsin and any associated corporation or organization, and any
other public or quasi-public corporation having a legal or equitable
interest in the property under consideration, and shall include the
representative, officer, agent or other person having the ownership,
control, custody or management of any building. "Owner" does not include
any person whose legal or equitable interest in the building is a
security interest derived solely from the extension of credit to permit
construction or remodeling of the dwelling or purchase of the dwelling
by a third party.
Includes any individual, firm, corporation, association or
partnership.
As deemed proper by the administrative officer under the
regulations of this chapter or deemed proper by an authority designated
by law or this chapter.
Furnished, supplied, paid for or under control of the owner.
A building which is arranged, designed, used, or intended to
be used for residential occupancy by one or more families or lodgers
and which includes, but is not limited to, the following types:
For the purpose of this chapter, any building containing any
of the above uses together with other uses shall be considered a residential
building.
A partitioned part of the inside of a building. For the purpose
of this definition, "partition" shall mean something that divides
interior space, especially an interior dividing wall. A wall is one
of the sides of a room or building connecting floor and ceiling and
may also include anything which encloses or separates space. A partition
or wall which intrudes into the space by more than 1/3 of the least
dimension of an existing room may be regarded as creating an additional
separate room. The partitioned space shall be considered as a room
if privacy is implied, light and ventilation are affected, or a bedroom
through a bedroom, bathroom through a bedroom or bedroom through a
bathroom situation is created.
See "lodging house" and "lodging room."
A room used for sleeping purposes.
Anything constructed or erected, the use of which requires
more or less permanent location on the ground, or attached to something
having permanent location on the ground.
Paid for, furnished, or provided by or under control of the
owner or operator.
A.
The purpose of this section is to establish minimum standards for
basic equipment, lighting, ventilation, and electrical services for
all residential buildings and parts thereof and to obtain the public
and private benefits accruing from the provision of such services.
A suitable environment for safe and healthy living is encouraged by
adequate water and sanitary facilities, proper storage and disposal
or garbage and other refuse, safe means of egress, and provision of
light, air, heat, and electrical service.
B.
No person shall occupy as owner or let to another for occupancy any
space in a residential building for the purpose of living, sleeping,
cooking or eating therein which does not comply with following requirements:
(1)
Every dwelling unit shall contain a kitchen sink, a flush water closet,
a lavatory basin and a bathtub or shower, all in good working condition
and properly connected to hot and cold water lines and to an approved
water and sewer system. The flush water closet and bathtub or shower
shall be contained within a separate room. Water pressure shall be
available at all fixtures as specified in § SPS 382.40,
Wis. Adm. Code.
(2)
Every residential building shall have supplied water-heating facilities
which are property installed, are maintained in safe and good working
condition, are properly connected with the hot-water lines required
hereunder and are capable of heating water to such a temperature as
to permit an adequate amount of water to be drawn at any required
kitchen sink, lavatory basin, bathtub or shower at a temperature of
not less than 120° F.
(3)
The owner of every residential building shall be responsible for
supplying such building with garbage and refuse storage facilities.
(4)
Every dwelling unit and lodging room shall have direct access to
at least two accessible, unobstructed means of egress leading to a
safe and open public street, alley or court connected to a street.
Exterior stairways or exit platforms, or a combination thereof, will
be permitted as second exits provided that the platforms or stairways
terminate at a point not more than 15 feet above the grade directly
below the lowest platform. All stairs shall terminate at grade or
a platform. Platforms shall have a minimum area of 14 square feet
with a minimum dimension of three feet. All stairways and platforms
shall be protected with handrails and guardrails as specified in § SPS
321.04(3) or Chs. SPS 362 and SPS 366, Wis. Adm. Code, as dictated
by the type of occupancy in the building. Existing variances to the
height limitations specified above may be approved by the Building
Inspector, provided that the platforms or stairs are maintained in
a sound structural condition.[1]
(5)
Each lodging house shall provide at least one flush water closet,
lavatory basin, and bathtub or shower, properly connected to an approved
water and sewer system and in good working condition, for each seven
persons or fraction thereof residing therein, including members of
the operator's family wherever they share the use of said facilities,
except that the required number of bathtubs or showers may be reduced
by the Building Inspector for lodging houses utilizing communal bathrooms
containing multiple bathtubs or showers. All such facilities shall
be located on the floor occupied by persons sharing such facilities
or the floor directly above or below and shall be accessible from
a common hall or passageway. Every lavatory basin and bathtub or shower
shall be supplied with hot water at all times.
(6)
Every living room, sleeping room, kitchen or bathroom shall have
available natural light and ventilation complying with § SPS
321.05 or Chs. SPS 362 and SPS 366, Wis. Adm. Code, as dictated by
the occupancy of the building. Existing light and ventilation conditions
which do not comply with state codes may remain in use with the approval
of the Building Inspector.[2]
(a)
Exhaust ventilation shall be installed in all toilet rooms except
those having only one fixture (water closet or one urinal) and the
window area is greater than four square feet and more than two square
feet is openable directly to the exterior of the building. The volume
of air exhausted shall not be less than two cubic feet per minute
per square foot of floor area.
(b)
All doors required for ventilation and all windows shall be
protected with insect screen equivalent to not less than 16 wire mesh
installed to prevent the entrance of flies, mosquitoes and other insects
annually during May before June 1 and maintained until storm windows
are installed in autumn.
(c)
All exterior doors and windows shall have storm windows or storm
doors installed or maintained to prevent excessive drafts and heat
loss no earlier than October 15 but not later than November 15 annually.
(7)
Electrical. Every dwelling unit and all public and common areas in
multiple dwellings shall be supplied with electrical service, outlets,
and fixtures which shall be properly installed, shall be maintained
in good and safe working condition, and shall be connected to a source
of electric power in a manner prescribed by the Wisconsin Electrical
Code. The minimum capacity of such electrical services and the minimum
number of outlets and fixtures shall be as listed below. (For the
purposes of this section "electrical service" shall mean the conductors
and equipment for delivering electrical energy from the supply system
to the wiring system of the premises or the unit served.) The electrical
service shall be of sufficient size to handle the load connected to
it. The branch circuits shall be protected by S-type or equivalent
safety-type, tamper-proof fuses, not to exceed the ampacity of the
smallest wire size in the circuit.
(a)
Every dwelling unit or room shall have electric service capable
of providing at least three watts per square foot of total floor area
(air conditioners, ranges, space heaters and motor-driven equipment
1/8 horsepower or over excluded).
(b)
Every lavatory, bathroom, kitchen or kitchenette, dining room,
laundry room, and furnace room shall contain at least one approved
ceiling- or wall-type electric light fixture equipped with sufficient
lamps or tubes to provide no less than five footcandles at floor level
at center room. Where more than one fixture is used or required, they
shall be equally spaced as far as practicable. (A switched outlet
may be substituted for a ceiling or wall fixture in a dining room.)
(c)
Convenience outlets and receptacles shall be provided as follows
(measurements are at room perimeter and include doors and door alcoves):
[1]
Living room: one per 75 square feet or major fraction (minimum
of two).
[2]
Dining room: one per 75 square feet or major fraction (minimum
of two).
[3]
Kitchen: one per eight feet or fraction of countertop and preparation
area measured at rear (preparation area includes countertops, sinks,
range tops, and all other similar areas at counter height). Island-type
work areas require one for each eight feet or less of length. Separate
outlets shall be provided for refrigerators.
[4]
Dining areas in kitchen: one per 75 square feet or major fraction.
[5]
Bedroom: one per 75 square feet or major fraction (minimum of
two).
[6]
Laundry: one (when laundry equipment is present).
[7]
Bathrooms and lavatories: one (may be part of wall fixture if
72.0 inches or less from floor).
[8]
Other habitable rooms: minimum of two.
(d)
Fixed appliances exceeding 1/8 horsepower or 300 watts rating
shall not be connected to general purpose branch circuits. Convenience
outlets are to be located to prevent use of extension cords (NEC 400-8).
All cords and temporary wiring not in compliance with NEC Article
400-A and all exposed abandoned wiring shall be removed.
(e)
Switches or equivalent devices for turning on any light required
in a room or passageway shall be located so as to conveniently control
the area to be lighted.
(f)
Public halls and stairways in duplex or multiple dwellings shall
be adequately lighted by natural or electric light at all times so
as to provide in all parts thereof at least 2 1/2 footcandles
of light at the tread or floor level. Halls and stairways in structures
containing not more than three dwelling units may be supplied with
conveniently located switches controlling the lighting system which
may be turned on when needed. Other occupancies require full-time
or automatic time-switched lighting. In all residential buildings
where common main entrance doors open directly to the outside, a minimum
of 2.5 footcandles of illumination at the locks and latches are required.
In single, duplex, or multiple dwellings when dwelling unit or lodging
room doors open to the outside a minimum of 2 1/2 footcandles
of illumination at the locks are required. Parking lots for more than
three cars shall be lighted to provide at least 0.25 footcandle on
any surface in the lot with an average illumination level of at least
0.75 footcandle, except that the outer four feet of the periphery
of the parking lot will not be subject to the minimum of 0.25 footcandle.
Outdoor light fixtures shall be designed and installed to eliminate
spill light and glare into adjacent properties.
(g)
When the service in an existing residential building is changed
the minimum replacement electrical service shall be 100 amps for the
first two dwelling units in a building and 50 amps for each additional
unit. Where electric heat and air conditioner over 20 amps are added
or in place, additional capacity to cover this demand is required.
(h)
Electric work shall be done according to applicable sections
of Chapter SPS 316 (Electrical) of the Wisconsin Administrative Code
and the National Electrical Code.
(8)
Heating. All habitable rooms, kitchens and bathrooms shall be provided
with a permanently connected heating system. The heating system shall
be maintained in a safe and efficient condition by a qualified person
and a record kept at the premises showing the date of service and
by whom. A minimum temperature of 67° F. shall be maintained in
all habitable rooms, kitchens and bathrooms. The occupant of a room
or an apartment may maintain a lesser temperature than is specified
above as long as it does not affect the temperature in other habitable
areas of the building.
(9)
Illumination shall be provided at all intersection of passageways,
at all exits and at the head, foot, and landings of every stairway
in all buildings accommodating transients, three or more apartments,
and lodging houses. The illumination shall be provided during a period
one hour before sunset to one hour after sunrise. Every residential
building that will accommodate transients, four or more families,
or 30 persons or contains more than six lodging rooms shall have signs
at the emergency exit doors or other places as may be necessary to
direct the occupant to the exit doorways. The signs shall be red illuminated
translucent exit signs bearing the word "EXIT" or "OUT" in plain letters
not less than five inches in height.
(10)
The owner or operator of every residential building shall not
provide, use, or permit to be used and the occupant shall not provide,
use or permit to be used in any room other than a kitchen any equipment
designed or intended to be used for cooking or preparation of meals.
(11)
Every owner of a multifamily dwelling shall make available to
the occupants the names of two or more persons that may be called
to arrange for emergency work. The names with the telephone numbers
shall be posted in a conspicuous place readily accessible to the occupants.
The names with the telephone numbers shall be revised periodically
to maintain accurate information at all times.
A.
The purpose of this section is to recognize the private and public
benefits resulting from the safe, sanitary and attractive maintenance
of residential and nonresidential buildings, structures, yards, or
vacant areas. Attractive and well-maintained property will enhance
the neighborhood and City and provide a suitable environment for increasing
physical and monetary values.
B.
Every owner or operator shall improve and maintain all property under
his control to comply with the following minimum requirements:
(1)
All courts, yards or other areas on the premises shall be properly
graded to divert water away from the building. Adjacent ground surface
shall be sloped away from the structure with a grading of at least
1/2 inch per foot for a minimum of five feet where possible or by
other means such as eaves, troughs and downspout extensions.
(2)
All exterior property areas shall be kept free from noxious weeds as defined in § 293-6 of this Code.
(3)
The interior of all vacant buildings and structures and all exterior
property areas shall be properly maintained in a clean and sanitary
condition free from debris, rubbish or garbage, physical hazards,
rodent harborage and infestation, and animal feces. All animal feces
shall be removed within 24 hours.
(4)
Fences, structures, minor construction, walks, driveways, parking
areas and similar paved areas shall be properly maintained in a safe,
sanitary and substantial condition. Approved walks shall provide convenient
all-weather access to buildings.
(5)
Exterior surfaces of buildings and structures not inherently resistant
to deterioration shall be treated with a protective coating of paint
or other suitable preservative which will provide adequate resistance
to weathering and maintain an attractive appearance. Any exterior
surface treated with paint or other preservative shall be maintained
so as to prevent chipping, cracking or other deterioration of the
exterior surface or the surface treatment and to present an attractive
appearance. All paint or other preservative shall be applied in a
workmanlike fashion.
(6)
Landscaping, plantings and other decorative surface treatments, including common species of grass, shall be installed if necessary and maintained to present an attractive appearance in all court and yard areas. Lawns shall be maintained to a height not to exceed six inches. Plantings shall be maintained so as not to present hazards to adjoining properties or to persons or vehicles traveling on public ways and shall be maintained so as to enhance the appearance and value of the property on which located and thereby the appearance and value of the neighborhood and City. A natural lawn may be permitted subject to approval of the natural lawn in accordance with § 293-5 of this Code.[1]
(7)
Every window, exterior door, interior door, and basement hatchway
shall be reasonably weathertight, watertight, and rodent-proof and
kept in proper repair. All door and window hardware shall be installed
and maintained in proper working condition. The use of a hasp to secure
any door other than a storage locker door within a dwelling unit or
rooming house is prohibited.
(8)
Except as provided in Subsection B(8)(i) below, the following shall apply in dwelling units all or a portion of which are rented:
(a)
Each main entrance door into a dwelling unit shall contain an
approved door viewer.
(b)
All doors into each dwelling unit shall be equipped with door
hinges so arranged as to be inside the dwelling unit or with approved
locking pin hinges.
(c)
All doors into each dwelling unit shall have a keyed deadbolt
lock with a minimum one-inch throw which is openable with a key on
the exterior side of the door and a knob on the interior side of the
door. The strike plate shall be held in place by two- and two-and-one-half-inch
screws. Sliding doors shall have an approved secondary locking device
(i.e., locking pins or two-by-fours of proper length).
(d)
All basement, first and second story windows and all other windows
accessible by balconies, fire escapes, trees or other existing means
shall be provided with sash fasteners.
(e)
All double-hung and sliding windows and doors below the second
story and all other double-hung and sliding windows and doors accessible
by balconies, fire escapes, trees or other existing means shall be
equipped with approved window ventilating sash fasteners to allow
each window to be locked at one to five inches open. Such window ventilating
bolts or locks shall be movable to permit the window to be fully opened
from the inside of the dwelling unit.
(f)
Alternative locking devices to equally resist illegal entry
may be substituted with the approval of the Fox Lake Building Inspector.
(g)
Sixty days from the effective date of this chapter, Subsection B(8)(a) to (f) shall also apply in lodging rooms, except as provided in Subsection B(8)(i) below. Prior to that time, the requirement that all doors providing access to a lodging room shall be equipped with a guarded latch lock shall remain in effect. In addition, the main entrance door into all lodging houses and into all residential buildings with two or more dwelling units or lodging rooms where occupants of the separate dwelling units or lodging rooms share common bathroom or kitchen facilities shall be equipped with a positive locking guarded latch lock and with an approved self-closing device. An approved guard plate shall be affixed to the exterior side of the door if the Building Inspector determines such a device is necessary to provide adequate security against illegal entry. All other doors into said buildings shall be equipped with a deadbolt lock complying with Subsection B(8)(c). In cases where said buildings have an attendant or attendants responsible for the security of the building on duty 24 hours a day, they shall be exempt from the main entrance door-locking and self-closing requirements.[2]
(h)
Buildings occupied by cooperative living arrangements shall comply with the requirements of Subsection B(8)(a), (b), (d) and (e). In addition, the main entrance door shall be equipped with a positive locking guarded latch lock and with an approved self-closing device. An approved guard plate shall be affixed to the exterior side of the door if the Building Inspector determines such a device is necessary to provide adequate security against illegal entry. All other doors into the building shall be equipped with a deadbolt lock complying with Subsection B(8)(c). All doors into the individual sleeping rooms of said buildings having more than 15 sleeping rooms shall be equipped with deadbolt locks complying with Subsection B(8)(c); all doors into the individual sleeping rooms of said buildings having 15 or fewer sleeping rooms shall be equipped with guarded latch locks or approved deadbolt locking devices. Door viewers shall not be required on doors into the individual sleeping rooms of said building.[3]
(i)
Buildings occupied by bed-and-breakfast establishments shall comply with Subsection B(8)(d) and (f). In addition, all exterior doors shall comply with Subsection B(8)(c), and the windows in all lodging rooms in such establishments shall comply with Subsection B(8)(e). In addition, the doors into all said lodging rooms shall be equipped with a lock capable of affording privacy and openable with a knob on the interior side of the door.
(9)
Every inside and outside stair, every porch, platform, and balcony,
and every 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 proper condition and repair
and shall present an attractive appearance. All interior and exterior
stairs, steps, porches, platforms, and balconies, and every appurtenance
thereto, shall comply with the requirements specified in § SPS
321.04 or Chs. SPS 362 and SPS 366, Wis. Adm. Code, as dictated by
the type of occupancy in the building. Existing variances to the requirements
specified herein may be approved by the Building Inspector, provided
that the stairs or porches are maintained in a sound structural condition.[4]
(10)
Every plumbing fixture and water and waste pipe shall be properly
installed and maintained in good working condition, free from defects,
leaks, and obstructions.
(11)
Every water closet compartment floor surface and bathroom floor
surface shall be property constructed and maintained so as to be reasonably
impervious to water and so as to permit such floor to be easily kept
in clean and sanitary condition.
(12)
Every supplied facility, piece of equipment, or utility shall
be so constructed, installed and maintained that it will function
in a proper working condition. The owner of any dwelling or apartment
in which a cooking stove and/or refrigerator is furnished for the
use of the tenants as part of rental agreement shall keep such cooking
stove and/or refrigerator in good mechanical working condition. It
shall be the responsibility of the tenant to maintain supplied facilities
in a clean and sanitary condition when contained within the tenant's
dwelling unit.
(13)
No owner, operator or occupant shall cause any service, facility,
equipment, or utility which is required under this chapter to be removed
from or shut off from or discontinued for any occupied dwelling, dwelling
unit or lodging room let or occupied by him except for such temporary
interruption as may be necessary while actual repairs are in process,
or during temporary emergencies when discontinuance of service is
approved by an authorized inspector.
(14)
Abandoned fuel oil tanks. Abandoned fuel oil tanks shall be
removed from the building. Exception: Abandoned fuel oil tanks may
remain in the building provided that:
(a)
All fuel oil is removed from the tank.
(b)
The tank fill piping is removed and the tank openings plugged
with pipe fittings.
(c)
The oil supply line is removed and the opening is plugged with
pipe fittings.
(d)
The vent remains connected and terminates outside the building
at least two feet above grade.
(15)
All stairways except one and all shaftways within multiple-family buildings and lodging houses which are three or more stories in height shall be enclosed with partitions of not less than one-hour fire-resistive construction, including doors of not less than three-fourths-hour fire-rated construction with self-closing devices which meet the requirements of Chs. SPS 362 and SPS 366, Wis. Adm. Code. One stairway may be unenclosed provided that it meets the requirements in Subsection B(16), except where more stringent requirements are imposed by the Wisconsin Administrative Code or state law. All existing required fire-rated walls and doors shall be maintained to preserve the required fire rating of such walls and doors.
(16)
In every multiple-family building or lodging house more than
two stories high, every stairway which extends from the basement to
the second floor or above shall be enclosed in the basement with partitions
of not less than one-hour fire-resistive construction, including doors
of not less than three-fourths-hour fire-rated construction with self-closing
devices which meet the requirements of Chs. SPS 362 and SPS 366, Wis.
Adm. Code. All existing required fire-rated walls and doors shall
be maintained to preserve the required fire rating of such walls and
doors.
(17)
Isolation of fire hazards.
(a)
In multiple-family buildings and lodging houses all boiler or
furnace rooms, including the breeching and fuel room as well as other
hazardous work rooms, shall be enclosed with not less than one-hour
fire-resistive walls and ceiling. All openings shall be protected
with self-closing three-fourths-hour fire-rated doors. The enclosure
shall include all flame-burning equipment except domestic-type No.
1 gas clothes dryers up to 37,000 Btu input.
(b)
The enclosure for the heating plant may be omitted in apartment
buildings not more than two stories in height and having not more
than two apartments on a floor and in rooming houses not more than
two stories in heights and having not more than eight living or sleeping
rooms on each floor, provided that no part of the building is used
for business purposes and all interior stairways are enclosed in the
basement with a one-hour fire-resistive enclosure or better.
(c)
All existing fire -rated enclosures shall be maintained to preserve
the required fire rating of such enclosures (walls, ceilings, doors,
etc.).
(d)
In all buildings covered by this chapter, foam plastic insulation
shall have a flame-spread rating of not more than 75 and a smoke-developed
rating of not more than 450. Foam plastic insulation tested in accordance
with ASTM E-84 is also acceptable. All foam plastic insulation shall
be protected in accordance with the following:
[1]
Walls. Foam plastic insulation may be used within the cavity
of a masonry wall, in cores of masonry units, within stud space of
a wood frame wall or on the inside of a building surface of a wall
or ceiling if the foam plastic insulation is fully protected by a
thermal barrier having a finish rating of at least 15 minutes.
[2]
Roofs. Roof coverings may be applied over foam plastic insulation
where the interior of the dwelling is separated from the foam plastic
insulation by plywood sheathing at least 1/2 inch in thickness or
other approved material having a minimum fifteen-minute finish rating.
[3]
Doors. Foam plastic insulation having a flame-spread rating
of 75 or less may be used in doors when the door facing is of metal
having a minimum thickness of 0.032 inch aluminum or No. 26 gauge
sheet metal.
(18)
All unpaved driveways and parking areas shall be maintained
in a dust-free condition and shall be graded so that no potholes exist.
(19)
Removal of debris.
(a)
No person shall dispose of rocks, trees, stumps, waste building
material or other debris from land development, building construction,
street grading, or installation of underground utilities upon the
surface of any land in the City of Fox Lake, except at approved disposal
sites.
(b)
No landowner shall allow an accumulation of rocks, trees, stumps,
waste building material or other debris from land development, building
construction, street grading, or installation of underground utilities
upon the surface of his land for a period of more than 10 days.
(c)
All landfill operations shall be leveled off to permit the mowing of weeds between May 15 and November 1. This includes the removal of stones, bottles, wire and other debris that will interfere with mowing operations. All lands in the City of Fox Lake shall be kept free of noxious weeds and maintained so there is no detrimental influence to the public health, safety, comfort, or general welfare of the immediate neighborhood or community. In this subsection, the term "noxious weeds" shall have the same meaning as in § 293-4 of this Code.
(20)
Any handicapped parking space which is required to be provided
under any provision of the Fox Lake general ordinances, state statutes,
or the Wisconsin Administrative Code, or any such space which an owner
or operator chooses to set aside for a motor vehicle with special
registration plates issued under § 341.14(1), (1a), (1m)
or (1q), Wis. Stats., or special identification cards issued under
§ 343.51, Wis. Stats., or a motor vehicle registered in
another jurisdiction and displaying a registration plate, card or
emblem issued by the other jurisdiction which designates the vehicle
as a vehicle used by a physically disabled person, shall be provided
with a handicapped parking sign which meets the standards as specified
in § Trans 200.07, Wis. Adm. Code. It is the intent of this
chapter to be enforced over Chs. SPS 362 and SPS 366, Wis. Adm. Code,
with regard to parking spaces.
(21)
All friable material shall be maintained and kept in proper
repair or treated with a protective covering.
(22)
Graffiti is prohibited. Graffiti shall be removed by the property
owner or by the City at the property owner's expense. The Building
Inspector may order graffiti removed within a time certain. If a property
owner fails to remove graffiti within the time specified in the order,
the Building Inspector may cause the graffiti to be removed. The Building
Inspector shall keep an accurate account of the expenses thereof and
report the same to the City Clerk, who shall annually prepare a statement
of the expense so incurred on each lot or parcel of land and report
the same to the City Treasurer, and the amount therein charged to
each lot or parcel of land shall be by said Treasurer entered in the
tax roll as a special tax against said lot or parcel of land, and
the same shall be collected in all respects like other taxes upon
real estate. Prosecution for failure to remove graffiti under this
chapter shall not bar the City from charging owners for graffiti removal,
nor shall charging owners for graffiti removal bar prosecution.[5]
(23)
Smoke detectors. Smoke detectors shall be installed and maintained
in accordance with § SPS 321.09 and Chs. SPS 328, SPS 362
and SPS 366, Wis. Adm. Code, which are hereby incorporated by reference.
(24)
Private and building storm sewers. Every private storm sewer
and building storm sewer shall be properly installed and maintained
in good working condition, free from defects, leaks and obstructions.
Any person who violates this subsection shall be subject to a forfeiture
of not less than $25 nor more than $1,500 per day for each and every
violation; each day of violation shall constitute a separate offense.[6]
A.
The purpose of this section is to establish minimum standards for
the quantity, location and use of space in residential building units
so as to preserve and promote the public interest. A suitable environment
for safe, healthy, and desirable living can be enhanced by providing
adequate space and privacy for occupants of all residential buildings.
B.
Size of dwellings and rooms.
(1)
Every detached single-family dwelling other than a mobile home shall
have at least 1,200 square feet of floor area on the first level.
(4)
Access to all lodging and sleeping rooms shall be from a common hallway
and not through bathrooms or other lodging and sleeping rooms.
(5)
In any apartment or dwelling containing two sleeping rooms or larger
than three rooms in size, access shall be provided to required bathroom
facilities without the necessity of passing through a sleeping room.
C.
In all dwelling units the average ceiling height shall be not less
than specified in § SPS 321.06, Wis. Adm. Code.
D.
No habitable room, kitchen or bathroom shall have its floor level
below the alley, court, yard, or street grade immediately adjoining
and abutting upon said habitable rooms except when meeting the requirements
of Chs. SPS 362 and SPS 366, Wis. Adm. Code, or Chs. SPS 320 to SPS
325, Wis. Adm. Code.
A.
The purpose of this section is to fix the responsibility of owners,
operators and occupants of residential buildings.
B.
The responsibility of owners, operators and occupants of residential
buildings is as follows:
(1)
Every owner of a residential building containing two or more dwelling
units shall be responsible for maintaining in a clean, proper and
sanitary condition the shared or public areas of the residential building
and premises thereof.
(2)
Every occupant of a residential building shall keep in a clean, proper
and sanitary condition that part of the residential building and premises
thereof which she/he occupies and controls, except that the operator
of every lodging house shall be responsible for the sanitary maintenance
of all walls, floors, ceilings and every other part of the lodging
house. Every occupant of a residential building shall dispose of all
her/his refuse and garbage in the containers required by the Fox Lake
general ordinances.
(3)
Every owner of a residential building shall be responsible for hanging,
installation and maintenance of all screens and double or storm doors
and windows whenever the same are required under the provisions of
the Fox Lake general ordinances.
(4)
Every occupant of a single-family dwelling shall be responsible for
the extermination of any pests, vermin or rodents therein with the
following exception: when the owner or operator has failed to clean
the dwelling prior to occupancy. Whenever infestation exists in any
residential dwelling other than a single-family dwelling, extermination
shall be the responsibility of the owner.
(5)
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.
(6)
No person shall occupy or let to another for occupancy any space in a residential building unless it is clean, sanitary, fit for human occupancy, and complies with the requirements of the Building Code (Chapter 220) and Zoning Code (Chapter 520) and the occupancy is limited to the maximum permitted by said codes.
(7)
Every owner of a lodging house shall make available to the occupants
the names of two or more persons that may be called to arrange for
emergency work. The names with the telephone numbers shall be posted
in a conspicuous place and be revised periodically to maintain accurate
information at all times.
(8)
The operator of every lodging house shall change supplied 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 condition.
A.
The purpose of this section is to provide for the designation and
repair or razing of those buildings or structures which are so dilapidated,
unsafe, dangerous, unhygienic, inadequately maintained or lacking
in basic equipment, facilities, light, ventilation, and heating as
to constitute a menace to the occupants or public.
B.
Any building or structure which shall be found to have any of the
following defects may be designated as unfit for human habitation
and in need of repairs or razing and so placarded by an authorized
inspector. Legal notice shall be served upon the owner and on the
operator of any building.
(1)
Which is so damaged, decayed, dilapidated, dangerous, unsanitary,
unsafe, or vermin infested that it creates a serious hazard to the
health or safety of the occupants or of the public.
(2)
Which lacks illumination, ventilation, heating, basic equipment or
sanitary facilities adequate to protect the health, safety or general
welfare of the occupants or of the public.
(3)
Which because of its general condition, location, or appearance is
a blighting influence or causes decreasing physical or monetary value
of property in the neighborhood.
C.
Any building or structure or part thereof designated and placarded
by the inspector as unfit for human habitation and in need of repairs
or razing shall be vacated within a reasonable time as ordered by
the inspector.
D.
No building or structure or part thereof which has been designated
and placarded as unfit for human habitation and in need of repairs
or razing shall again be used for human habitation until written approval
is secured from, and such placard is removed by, the inspector. The
inspector shall remove such placard whenever the defect or defects
upon which the designation and placarding action were based have been
eliminated.
E.
No person shall deface or remove the placard from any building or
structure or part thereof which has been condemned as unfit for human
habitation and placarded as such.
F.
Any building or structure or part thereof designated as unfit for human habitation and in need or repairs or razing by the inspector which, in the opinion of the inspector, would be unreasonable to repair shall be razed or removed upon legal written service of the order of the inspector. If the owner shall fail or refuse to comply with the order, the inspector shall cause such building to be razed or removed under the procedures provided for unsafe buildings in the City Building Code (Chapter 220).
G.
Vacant buildings.
(1)
Any building which has been vacant for more than 10 days for any
reason and has been damaged, illegally entered, vandalized, or entered
by animals constitutes a public nuisance. No person may maintain or
permit a public nuisance within the City. The owner shall abate the
nuisance by securing the building, including any shed or outbuilding,
against entry. This shall include adequately boarding up doors, windows
and other openings in a workmanlike manner so as to prevent illegal
entry, vandalism or damage. Animals, animal nests and animal nesting
materials shall be removed.
(2)
The building utilities, plumbing, electrical and heating systems
in vacant buildings shall be maintained at all times in a safe condition,
inactivated or drained so as to prevent the possibility of damage
to the structure by the failure of such utilities and so as to prevent
hazardous and dangerous conditions.
H.
When any building has been damaged by fire or other cause and when
hazardous or dangerous conditions exist and when such building cannot
be secured by conventional locking or boarding up of windows and doors,
such building shall be fenced off so as to prevent access and entry
to the structure and the area immediately surrounding the structure
within five days of the damage by fire or other cause.
I.
Abatement. The provisions of § 302-5C of this chapter apply to the abatement of nuisances under this section.
(1)
Authority
to assess costs. The cost of abatement or removal of a nuisance under
this section shall be collected from the owner, occupant or person
causing, permitting or maintaining the nuisance, and if notice to
abate the nuisance, if applicable, has been given to the owner such
costs shall be assessed against the real estate as a special charge.
(2)
Abatement
in accordance with state law. Nothing in this section shall be construed
as prohibiting the abatement of public nuisances by the City or its
officials and employees in accordance with the laws of the state.
A.
The purpose of this section is to provide for the administration
and enforcement of this chapter.
B.
The office of the Building Inspector is hereby created to enforce
this chapter. The Building Inspector shall be under the supervision
of the City Administrator. For purposes of enforcement of this chapter,
he/she shall have the same powers as the officer referred to in the
statutes as "Building Inspector."
C.
The duties of the Building Inspector shall be as follows:[1]
(1)
Provide and maintain a public information bureau relative to all
matters arising out of this chapter.
(2)
Maintain permanent and current records of all matters arising out
of this chapter.
(3)
Conduct a systematic inspection of buildings, structures, and lands
to determine compliance with the terms of this chapter, all state
laws, City ordinances and lawful orders relating to the alteration,
repair, maintenance, safety and use of existing buildings and permanent
building equipment and take such action as necessary to secure such
compliance, including the withholding of building permits, imposition
of forfeitures and injunctive action. The Building Inspector shall
have full power to pass upon any question arising under the provisions
of the housing, building, plumbing, electrical and heating codes and
zoning ordinances, subject to conditions contained herein.
(4)
Initiate, direct, and review from time to time a study of the provisions
of this chapter and make recommendations to the Mayor and Common Council
not less frequently than once a year on such matters that will improve
this chapter or its systematic enforcement.
(5)
Coordinate such inspection and code compliance programs with inspection
or improvement programs of other neighborhood groups whose purpose
is neighborhood improvement.
E.
Charges for inspections.[3]
(1)
Any person who shall fail or neglect to comply with any lawful order
of the Building Inspector issued pursuant to the provisions of this
chapter may be assessed a charge set by the Common Council per inspection
for compliance inspections in excess of one. A charge set by the Common
Council may be assessed when an inspector fails to gain entry to carry
out a reinspection.
(2)
The Building Inspector shall keep an accurate account of all unpaid
inspection fees incurred for reinspection services rendered and report
the same to the City Clerk, who shall annually prepare a statement
of these special charges at each lot or parcel of land and report
the same to the City Treasurer, and the amount therein charged to
each lot or parcel of land shall be by said Treasurer entered in the
tax roll as a special charge against said lot or parcel of land, and
the same shall be collected in all respects like other special charges
upon real estate as provided in § 66.0627, Wis. Stats.
Any person who violates any provision of this chapter or fails
to comply with any of its requirements shall, upon conviction thereof,
be subject to forfeiture of not less than $25 and not more than $1,500,
unless there exists a specific penalty for a violation which shall
be applicable, and in addition shall pay all costs and expenses involved
in the case. Each day such violation continues shall be considered
a separate offense.
In any case where a provision of this chapter or of any regulation
adopted pursuant thereto is found to be in conflict with a provision
of any zoning, building, fire, safety, or health ordinance or any
regulation of the City of Fox Lake, the provision which establishes
the higher standard for the promotion of the health and safety of
the people shall prevail.
