[HISTORY: Adopted by the Common Council of the City of Arcadia 9-13-2007 by Ord. No. 205; amended in its entirety 12-21-2015. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 162.
Fair housing — See Ch. 209.
Property maintenance — See Ch. 296.
Sewers — See Ch. 315.
Waste management — See Ch. 367.
Water — See Ch. 373.
A. 
Title. This chapter shall be known as the "Housing Ordinance of the City of Arcadia" and will be referred to in this chapter as "this code" or as the "Housing Code."
B. 
Authority. This code is adopted pursuant to the authority granted by §§ 62.11(5) and 101.65, Wis. Stats.
C. 
Purpose.
(1) 
The primary purpose of this Housing Code is to regulate the use of residential and commercial housing in the City of Arcadia, so as to promote the health, safety, and welfare of the public, and to provide for the government and good order of the City of Arcadia with respect to such housing.
(2) 
Another purpose of this Housing Code is to promote the concept of fair housing under Chapter 209 of the City Code.
(3) 
Another purpose of this Housing Code is to provide certain standards and requirements for the use of residential dwelling units, as well as provide a system for the certification of those units in the City of Arcadia, including:
(a) 
Single-family dwellings;
(b) 
Duplexes;
(c) 
Multifamily residential units;
(d) 
Condominiums;
(e) 
Other residential rental units; and
(f) 
Rooming, boarding, and lodging houses, whether rent is payable daily, weekly, or monthly.
D. 
Scope. The standards of this Housing Code shall apply to all dwelling units, rooming units, boardinghouses, rooming houses, and lodging houses located in the City of Arcadia that are used or rented for residential living purposes, but this Housing Code shall not apply to a facility regulated and licensed by the State of Wisconsin, including but not limited to community-based residential facilities, nursing homes, adult foster homes, group homes, hotels, or motels, and this Housing Code shall not apply to residential rental facilities:
(1) 
Owned or operated by a not-for-profit housing authority established by a municipality;
(2) 
Exempt from real property taxes and income taxes under the Internal Revenue Code; and
(3) 
In compliance with applicable regulations adopted by the United States Department of Agriculture or the United States Department of Housing and Urban Development.
A. 
Creation. There is hereby established a Housing and Building Standards Committee of the City of Arcadia to enforce the provisions of this Housing Code. The Housing and Building Standards Committee shall be referred to hereinafter as the "Housing and Building Standards Committee" or the "HSBC."
B. 
The Housing and Building Standards Committee shall be comprised of the Zoning Administrator and three members of the Common Council appointed by the Mayor.
As used in this Housing Code, the following terms shall have the following meanings:
BASEMENT
That portion of a building below the first floor or ground floor with at least a portion of its floor below grade.
BATHROOM
An enclosed space which contains a bathtub or shower or both and which shall contain a toilet, lavatory or other fixtures serving similar purposes.
BOARDINGHOUSE
A house or other building where regular meals are generally furnished or served to three or more persons at a stipulated amount for definite periods of one month or less.
BUILDING
A structure built and capable of providing shelter and enclosure of persons, animals, chattels or movable property of any kind, and includes structures placed on runners, wheels, or similar supports.
DWELLING
An enclosed space which is wholly or partly used or intended to be used for living or sleeping by one or more persons, provided that temporary housing, as hereinafter defined, shall not be considered a dwelling.
DWELLING UNIT
Any room or group of rooms located within a building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating by the unit's inhabitants.
FAMILY
An individual, the individual's spouse or mate, and any dependents of the individual(s), all residing in one dwelling unit as a single housekeeping unit.
GARBAGE
Animal or vegetable waste resulting from handling, preparation, cooking, serving and nonconsumption of food or beverage, and packaging and other materials from consumer goods.
GUEST
Any person who shares a dwelling unit in a nonpermanent status for not more than 14 consecutive days, or a foreign exchange student who is currently enrolled in a public or parochial school in the City of Arcadia for one semester or one school year.
HABITABLE ROOM
A room or enclosed space in a building used or intended to be used for living, sleeping, or dining purposes, but excluding bathrooms, water closet compartments, laundries, furnace rooms, pantries, utility rooms, foyers, corridors, stairways, closets, and storage spaces, as well as workshops and hobby and recreation areas in basements or in attics.
HOUSEHOLD
One or more persons living together in a single dwelling unit and sharing common living, sleeping, and cooking and eating facilities as a household unit.
KITCHEN
Any room containing any or all of the following equipment, or area of a room within three feet of such equipment: sink or other device for dishwashing, stove or other device for cooking, refrigeration or other device for cool storage of food, cabinets or shelves for storage of customary kitchen equipment and utensils, and counter or table for food preparation or consumption.
LODGING HOUSE
Any house or other building where rooms or lodgings are generally rented to three or more persons received or lodged for hire, or any part of a house or other building that is let for sleep at stipulated rentals for definite periods of one month or less, whether any or all of the rooms or lodgings are let or used for light housekeeping or not, except that duplexes and condominiums shall not be considered lodging houses unless they are let for sleep at stipulated rentals for definite period of less than one month.
MULTIPLE-FAMILY DWELLING
Any building containing more than two dwelling units or rooming units.
NONHABITABLE ROOM
A room that is not a habitable room.
OCCUPANT
Any person, who has attained the age of at least one year, living, sleeping, cooking, or eating in, or actually having possession of, a dwelling unit or rooming unit or portion thereof, and using the dwelling unit or rooming unit as a residence, except that in dwelling units a guest will not be considered an occupant.
OWNER
Any person, including but not limited to a corporation or other entity, who or which, alone or jointly or severally with others:
A. 
Has legal title to the property on which a dwelling unit or rooming unit is located, with or without accompanying actual or legal possession thereof; or
B. 
Has charge, care or control of any dwelling unit or rooming unit, as owner or agent of the owner, or an executor, operator, administrator, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this Housing Code and all rules and regulations adopted pursuant to this Housing Code, to the same extent as if he or she were the holder of legal title.
PERMISSIBLE OCCUPANCY
The maximum number of persons permitted to reside in a dwelling unit or rooming unit.
PERSON
A natural person, corporation, limited liability company, or other legal entity.
PREMISES
A platted lot or part thereof or unplatted lot or parcel of land or plot of land, either unoccupied or occupied by a building, and includes any such building, accessory structures, or other structures located thereon.
PRIVACY
The ability of a person to carry out an activity commenced without interruption or interference, either by sight or sound, by an unwanted or unwelcome person.
PUBLIC
An area open to the public.
ROOM
A space within an enclosed building, and set aside from other rooms or space by a permanent partition.
ROOMING HOUSE
Any dwelling or part of a dwelling containing one or more rooming units and/or one or more dormitory rooms. "Rooming house" shall not mean a facility regulated and licensed by the State of Wisconsin, including but not limited to community-based residential facilities, nursing homes, adult foster homes, group homes, hotels, or motels.
ROOMING UNIT
Any room or group of rooms used or intended to be used for living and sleeping, but not for cooking purposes.
TEMPORARY HOUSING
Any tent, trailer, mobile home, or any other structure used for human shelter which is designed to be mobile and which is not attached to the ground, to another structure or to any utility system on the same premises for more than 30 consecutive days.
TRASH
Nonputrescible solid wastes (excluding ashes) consisting of either:
A. 
Combustible wastes such as paper, cardboard, plastic containers, yard clippings, and wood; or
B. 
Noncombustible wastes such as tin cans, glass or crockery.
UNOBSTRUCTED MEANS OF EGRESS
The exit is accessible from a common use area such as a hallway, living room, or kitchen or, if the same is not available, from an area, other than a bedroom, which is accessible to all occupants; the exit is not in such location as to become easily obstructed; and the exit remains readily available for egress and not obstructed at any times.
A. 
Each dwelling unit and rooming unit shall contain at least one sink in good working condition and properly connected to the City's water and sewer system.
B. 
Each dwelling unit and rooming unit shall contain a room which affords privacy to a person and which is equipped with a flush toilet and a lavatory basin in good working condition and properly connected to the City's water and sewer system.
C. 
Each dwelling unit and rooming unit shall contain, within a room that affords privacy to a person, a bathtub or shower in good working condition and properly connected to the City's water and sewer system.
D. 
All plumbing fixtures and water and sewer pipes shall be properly installed and maintained in good, sanitary, working condition, free from defects, leaks and obstructions.
E. 
All bathroom floor surfaces shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept clean and in sanitary condition.
F. 
No owner of any dwelling unit or rooming unit shall occupy or let to any occupant any dwelling unit or rooming unit unless in clean and sanitary condition and fit for human occupancy.
G. 
Each occupant of a dwelling or dwelling unit shall store and dispose of his or her trash and garbage in a clean and sanitary manner by placing it in containers designed to confine odors and to prevent access by flies and animals.
H. 
Each dwelling unit shall have a safe, unobstructed means of access and egress with minimum headroom of six feet, four inches, leading directly to a safe and open space at ground level, or as otherwise provided in the Wisconsin Administrative Code.
I. 
Each dwelling unit or rooming unit shall have:
(1) 
At least one window facing directly to the outdoors and with a minimum area, measured between stops, of 8% of the floor area of the dwelling unit or rooming unit; or
(2) 
At least two windows, two skylights, or one window and one skylight that can be easily opened and which has a minimum area of 3.5% of the net floor area of the dwelling unit or rooming unit.
A. 
No person shall occupy or allow another person to reside in any dwelling unit or rooming unit that does not comply with the following minimum requirements:
(1) 
Every dwelling unit or rooming unit shall contain at least 150 square feet of floor space for the occupant thereof and at least 100 additional square feet of floor space for each additional occupant thereof. The floor space shall be calculated by deducting the following areas: bathrooms, water closets, stairways, closets and other storage rooms, furnace and utility rooms, pantries, foyers, corridors, attics, basements, and any part of a room where the height of the ceiling is less than five feet.
(2) 
In every dwelling unit or rooming unit containing two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by two or more occupants shall contain at least 95 square feet of floor space.
(3) 
No dwelling unit or rooming unit containing two or more sleeping rooms shall have such room arrangements where access to a bathroom or water closet compartment intended for use by occupants of more than one sleeping room can be had only by going through another sleeping room; nor shall room arrangements be such that access to a sleeping room can be had only by going through another sleeping room; nor shall room arrangements be such that access to a sleeping room can be had only by going through a bathroom or water closet compartment.
(4) 
At least 1/2 of the floor area of each habitable room shall have a ceiling height of at least seven feet.
(5) 
Provides at least one separate bedroom for boys and at least one separate bedroom for girls between the ages of four years old and 18 years old.
B. 
In single-family dwellings and duplexes, no rooms located totally or partially below grade shall be used as habitable rooms unless the building complies with Ch. SPS 321, Wis. Adm. Code, and with the following:
(1) 
Existing foundation walls and basement floors shall have no evidence of water penetration from the exterior of the structure; and
(2) 
No pipes, ducts, or other similar obstructions shall be located less than six feet, five inches, above the floor level.
C. 
Multiple-family dwellings, boardinghouses, lodging houses, and rooming houses with habitable rooms below grade shall comply with Chs. SPS 361 to 366, inclusive, Wis. Adm. Code.
D. 
No dwelling unit shall be occupied by more than one family. More than four adults residing in one dwelling unit shall create a rebuttable presumption that more than one family occupies the dwelling unit.
A. 
Every rooming unit or dwelling unit shall have access to one or more safe, unobstructed means of egress with minimum headroom of six feet four inches leading directly to safe and open space at ground level, or as otherwise provided by Wisconsin regulations. Rooming units or dwelling units located above the first story but not above the second story may have egress by an exit which utilizes a stairwell and a flat roof, deck, or other platform, provided that the deck or other platform complies with applicable regulations under the Wisconsin Administrative Code.
B. 
Structurally sound handrails shall be provided on any steps containing four or more risers and on the open sides of all stairways with a vertical rise of more than two feet. All openings between handrails and stairways shall comply with the applicable Wisconsin Building Code at the time the handrails and stairways were constructed.
C. 
Each room intended for sleeping purposes shall contain a properly operating smoke detector with a functioning smoke alarm. Each dwelling unit that is used for rental and uses a fossil fuel to heat the unit shall be equipped with a properly operating carbon monoxide detector with a functioning carbon monoxide alarm.
D. 
Each dwelling unit or rooming unit in a multiple-family housing complex shall have posted on the interior side of the access doors an evacuation plan showing the exits from the building and the route from the dwelling unit or rooming unit to the exits in the event of a fire or other emergency situation.
E. 
Each dwelling unit or rooming unit shall have at least one operating fire extinguisher at a central location within the dwelling unit.
F. 
Basement rooms. No basement room shall be used as a sleeping or living room unless all the following conditions are complied with:
(1) 
The room shall be at least seven feet high from floor to ceiling.
(2) 
The ceiling shall be at least four feet or 50% of the distance between the floor and the ceiling, whichever is greater, above the surface of the adjoining street or ground, unless a secondary means of egress from the room is available.
(3) 
The room shall have a window or windows opening upon a street, alley, or yard, or upon a court connecting therewith, or upon an inner court not less than 60 square feet in area, and the total window area shall be at least 1/10 of the floor area of the room, and the upper half of such window or windows shall be made to open the full width.
(4) 
The walls and floor shall be damp proof and waterproof.
(5) 
The room shall have sufficient light and ventilation and shall be fit for human habitation.
A. 
No person may lease or rent a dwelling unit or rooming unit in the City of Arcadia unless such person has first paid the license and inspection fee to be established by resolution of the Common Council and obtained a license from the City of Arcadia's Housing and Building Standards Committee. Licenses shall be valid for five years after the date of issue and may be renewed, provided that an application for renewal is submitted no later than 30 days prior to the expiration of the license. No person may lease or rent a dwelling unit or rooming unit in the City of Arcadia unless the dwelling unit or rooming unit complies with the City of Arcadia Building Code, Chapter 162 of the City Code, and this Housing Code. The license issued by the City of Arcadia shall establish the maximum number of occupants per dwelling unit or rooming unit. Each landlord shall be solely responsible for ensuring that each dwelling unit and rooming unit that is leased or rented by that landlord complies with the City of Arcadia Building Code, Chapter 162 of the City Code, this Housing Code, and the rental license issued by the City of Arcadia. Landlords shall post in each dwelling unit and rooming unit a maximum occupancy certificate stating the number of occupants of such dwelling unit or rooming unit under the license from the City. Notwithstanding anything to the contrary herein contained, no rental unit license shall be issued or renewed if there exist delinquent and unpaid real or personal property taxes or utility charges owed to the City of Arcadia.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
The City Clerk-Treasurer may prescribe forms for applications under and the administration of this section.
No person shall operate a rooming house, or shall allow another person to occupy any dormitory room, dwelling unit, or rooming unit, which does not comply with this Housing Code. No owner or other person shall occupy or let to another person any rooming unit, dwelling unit, or dormitory room unless it is clean and sanitary and complies with all applicable requirements of the City, including the following:
A. 
No person shall operate a rooming house in the City of Arcadia without a license issued by the City Clerk-Treasurer under § 236-8 of this Housing Code in the name of the property owner for the specific building and which is still in effect. Occupancy by more than two persons per dwelling unit or rooming unit is prohibited and a violation of this Housing Code. Copies of the license shall be displayed in a conspicuous place within the rooming house, at all times, as well as within each rooming unit.
B. 
No license may be issued or renewed unless the owner of the proposed rooming house, boardinghouse, or lodging house consents in writing, as part of the application form, to such inspections of the rooming house as the City Clerk-Treasurer or the Clerk-Treasurer's agent may require to determine if the rooming house, boardinghouse, or lodging house, and its operation, complies with this Housing Code and with other applicable laws and regulations. All inspections shall be done by the City Housing Inspector who shall be appointed by the Mayor. In addition to the license fee, the owner of the rooming house, boardinghouse, or lodging house shall pay a nonrefundable inspection fee set by resolution per dwelling unit or rooming unit. The nonrefundable inspection fee shall be charged at the time the inspection is actually performed and paid to the City Clerk-Treasurer. No license may be issued if there remain uncorrected violations at the rooming house, boardinghouse, or lodging house of the City's ordinances, Wisconsin or federal laws, or of applicable regulations adopted under any of the foregoing.
[Amended 8-1-2016 by Ord. No. 205A]
C. 
No such license shall be transferable from one building to another building for operation of a rooming house at the new location. Each person holding a rooming house, boardinghouse, or lodging house license shall give written notice of a prospective sale, transfer, gift or other disposition of the building to the City Clerk-Treasurer not less than 48 hours prior to the closing on the real estate transaction. Such notice shall include the name and address of the person or persons to whom the building is being conveyed. Upon approval by the City Clerk-Treasurer, submission of a complete license application, and nonrefundable payment set by resolution, the license may be transferred to the new owner of the building.
D. 
Toilet rooms.
(1) 
In every rooming house, boardinghouse, or lodging house where a sewer system is available, at least one water closet shall be provided for every two dwelling units or rooming units. Every such water closet shall be located within the building, in a separate room or compartment, on the same floor with the dwelling units or rooming units which it serves and shall be accessible from each such dwelling unit or rooming unit without passing through another dwelling unit or rooming unit. All water closets and the pipes connecting therewith shall be properly protected against frost; if located in a public hall such hall shall be heated, if necessary, so as to prevent the closets and pipes from freezing.
(2) 
Every existing toilet room shall be ventilated by an outside window or, where this is not possible, by a ventilating pipe approved by the Department of Safety and Professional Services.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Access doors to a rooming unit and dwelling unit shall be equipped with a properly operating lock to ensure privacy.
F. 
Communal cooking and dining facilities in a rooming house, boardinghouse, or lodging house are prohibited unless a license for food service facilities has been issued by the Trempealeau County Health Officer or under applicable Wisconsin regulations and is still valid and in effect.
G. 
At least one off-street, hard-surfaced and dirt-free vehicle parking space of not less than 180 square feet shall be provided for each adult residing in a rooming house, boardinghouse, or lodging house. Such parking space shall be located within 100 feet of the rooming house, boardinghouse, or lodging house. The person seeking a rooming house, boardinghouse, or lodging house license shall provide a diagram showing the location of the parking area and provide proof of ownership or lease for the parking area. This parking space requirement may be waived by the City if it can be established to the City's satisfaction that occupants of the rooming house, boardinghouse, or lodging house will not be parking any vehicles in the City in connection with their occupancy of the rooming house, boardinghouse, or lodging house. Persons who will be parking a vehicle in the City in connection with their occupancy of the rooming house, boardinghouse, or lodging house shall provide a copy of a valid vehicle registration to the owner of the rooming house, boardinghouse, or lodging house who shall provide a copy of such vehicle registration to the City upon request.
No tenancy upon any premises subject to the provisions of this Housing Code may be terminated by a landlord for the reason that a tenant has reported what could reasonably appear to be a violation of this Housing Code to the proper enforcement authorities.
No part of this chapter shall be construed so as to make the City liable for any charge to anyone injured, or for any damage to any property, by any defect in any building or equipment. The inspections and the reports and findings issued after the inspections are not intended as, nor are they to be construed as, a guarantee. In order to so advise owners and other interested persons, a disclaimer shall be included in each inspection report as follows: "These findings of inspection contained herein are intended to report conditions of noncompliance with code standards that are readily apparent at the time of inspection. The inspection does not involve a detailed examination of the mechanical systems or the closed structural and nonstructural elements of the building and premises. No warranty of the operation, use or durability of equipment and materials not specifically cited herein is expressed or implied."
A. 
The Housing and Building Standards Committee (HBSC) is hereby authorized to enforce this Housing Code and to investigate all written complaints filed with the City Clerk-Treasurer or an officer of the City of Arcadia Police Department or the Zoning Administrator alleging a violation of this code. The HBSC shall have the right to have the Housing Inspector conduct the specific investigation and report to the Committee. The City of Arcadia shall have the right to enforce this code by any or all of the following methods:
(1) 
Stop rental order. In the event of any use or operation of a building that is not in compliance with this Housing Code or for which no rental or rooming house license has been issued, the HBSC may issue a notice ordering the owner or landlord or both to bring the property into compliance within 30 days of the service of the notice on the owner or landlord.
(2) 
Revocation of rental license. If the HBSC shall find, at any time, that the rental of a dwelling unit does not comply with this Housing Code or any laws, plans, specifications or any order of the HBSC, if the rental license holder shall deny access to the premises to the HBSC, or that the rental license holder made any false statement or misrepresentation on the license application, or violates any of the conditions of approval of the rental license, the HBSC may give notice of noncompliance and not less than 30 days for the owner to cure the noncompliance. If the owner does not cure the noncompliance within 30 days, the HBSC may revoke the rental license by written notice posted at the site of the dwelling unit. When any such rental license is revoked, it shall be unlawful to enter into a new lease for the dwelling unit or to rent the dwelling unit to a new tenant or tenants until a new rental license is issued, except for work the HBSC shall order to be done as a condition precedent to the issuance of a new rental license. All applicable fees shall be paid for the issuance of a new rental license.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Injunction. The HBSC shall report violations to the Common Council, which may authorize the City Attorney to file an action for an injunction against the property owners, or the rental license holder, in Trempealeau County Circuit Court enjoining any further rental of the dwelling unit.
(4) 
Forfeitures. The HBSC or Zoning Administrator may issue or cause a police officer for the City of Arcadia to issue a citation to the property owner or rental license holder for any violation of this Housing Code. Each day of noncorrection or noncompliance during which a violation occurs or continues shall be a separate violation. Upon conviction for a violation of this Housing Code, the person convicted shall forfeit a dollar amount equal to the penalties set forth hereinafter.
B. 
The City Clerk-Treasurer may prescribe forms for members of the public to file complaints with the Zoning Administrator concerning alleged violations of this Housing Code.
Any person aggrieved by a decision of the HBSC may appeal the decision to the Common Council by filing a notice of appeal with the HBSC and the City Clerk-Treasurer within 30 days after the HBSC's decision. The Common Council shall have the authority to affirm, modify or overturn the HBSC's decision, after public hearing held after not less that 10 days' notice has been given to the appellant and the HBSC.
Any violation of any of the provisions of this Housing Code shall subject the violator to a fine of not less that $150 nor more than $250, plus the cost to the City of any and all investigation and prosecution costs, whether by City employees or third parties hired by the City. Each day of noncorrection or noncompliance during which a violation continues, unless otherwise specified in this Housing Code, shall constitute a separate offense. Where the violator has been issued a rental license under the provisions of this Housing Code, such license shall be subject to revocation in the discretion of the court.