The following definitions shall apply in the interpretation
and enforcement of this code. Whenever the word "dwelling," "dwelling
unit," "rooming house," "rooming unit" or "premises" is used in this
chapter, it shall be construed as though it were followed by the words
"or any part thereof."
APPROVED
Approved by or in accordance with regulations established
by City ordinance, or code, and authority designated by law to enforce
such ordinance, or code.
BASEMENT
That portion of a dwelling, not deemed as first story, located
partly underground but having less than 1/2 of its clear floor-to-ceiling
height below average finished grade of the adjoining ground.
BATH
A bathtub or shower stall properly connected with both hot
and cold water lines.
BATHROOM
A nonhabitable room within a dwelling unit which is used,
or intended to be used, primarily for bathing and/or toilet purposes,
and which contains a toilet, lavatory, and, in some cases, bathtub
or shower facilities.
BEDROOM
A habitable room within a dwelling unit which is used primarily
for the purpose of sleeping, but shall not include any kitchen or
dining room.
BOARD
Board of Housing Appeals pursuant to §
12-4 of this Code.
CELLAR
That portion of a dwelling, not deemed as first story, located
all or partly underground but having more than 1/2 of its clear floor-to-ceiling
height below average grade of the adjoining ground.
CITY
The City of Muskego, Wisconsin.
COMMUNAL
Used by or shared by, or intended to be used or shared by,
the occupants of two or more rooming units or two or more dwelling
units.
DWELLING
Any building which is wholly or partly used or intended to
be used for living, sleeping, cooking or eating, by human occupants,
and including any accessory structure attached thereto.
DWELLING UNIT
Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities which are used or
intended to be used for living, sleeping, cooking or eating by one
family.
EXTERMINATION
The control and elimination of insects, rodents, or other
pests by elimination of their harborage places, by removing or making
inaccessible material that may serve as their food, by poisoning,
spraying, or trapping or by any other recognized and legal elimination
methods approved by the Health Department of the County of Waukesha.
GARBAGE
The animal and vegetable waste resulting from the preparation,
handling, cooking and consumption of food.
HABITABLE ROOM
A room or enclosed floor space used or intended to be used
for living, sleeping, cooking or eating purposes, excluding bathrooms,
laundries, pantries, foyer, communicating corridors, closets and storage
spaces.
HOTEL
Any dwelling wherein sleeping accommodations are offered
for pay to transients, in five or more rooms. It does not include
rooming houses.
INFESTATION
The presence of any insects, rodents or other pests within
a dwelling or on the dwelling premises.
KITCHEN
A habitable room used or intended to be used for cooking
or the preparation of meals.
OCCUPANT
Any person living, sleeping or eating in or having actual
possession of a dwelling unit or rooming unit.
OPERATOR
Any person who has charge, care, or control of building or
part thereof, in which dwelling units or rooming units are let.
OWNER
Any person who alone or jointly or severally with others
shall be the legally recorded holder of the title, with or without
actual possession thereof, or who has charge, care or control of any
dwelling or dwelling unit as agent or owner, or as executor, administrator,
trustee or guardian of the estate of the owner. "Owner" shall also
include the legally recorded holder of a land contract vendee interest.
PERSON
Any individual, firm, corporation, partnership or association.
PLUMBING
Includes all of the following supplied facilities and equipment:
gas pipes, gas burning equipment, water pipes, waste pipes, toilets,
sinks, lavatories, bathtubs, shower baths, installed clothes washing
machines, catch basins, drains, vents and any other similar supplied
fixtures, together with all connections to water, sewer or gas lines.
PREMISES
Any lot, plot or parcel of land including the building or
structures thereon, be they occupied or unoccupied.
ROOMING HOUSE
Any dwelling, or that part of any dwelling, containing one
or more rooming units, in which space is let by the owner or operator.
ROOMING UNIT
Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping, but not for cooking
or eating purposes.
RUBBISH
Household wastes, except garbage, and the term shall include
lawn rakings, tin cans, glass, metal, crockery and similar household
wastes; also papers, rags and other combustible refuse.
SUPPLIED
Paid for, furnished or provided by or under the control of
the owner or operator.
TEMPORARY HOUSING
Any tent, trailer or other structure used for human shelter
which is designated to be transportable and which is not attached
to the ground, to another structure, or to any utilities systems on
the same premises for more than 30 consecutive days.
All habitable buildings shall comply with the following requirements
for basic equipment and facilities:
A. Sinks. Every dwelling unit shall contain a kitchen sink which shall
be located in the room in which food is cooked or prepared.
B. Toilets and sinks. Every dwelling unit, except as otherwise permitted
under this chapter, shall contain a bath, flush toilet and a sink,
irrespective of the sink required as a kitchen facility.
C. Privacy. The room wherein the toilet, lavatory and bathtub or shower
required under this chapter are installed shall afford privacy to
a person within. The bathtub or shower may be in a room separate from
the room housing the toilet and lavatory basin but shall still afford
privacy to a person within.
D. Multiple use. Under no circumstances may occupants of two or more dwelling units share a toilet or lavatory with the exception of rooming houses as defined in §
205-2.
E. Water supply. Every kitchen sink, lavatory basin, bathtub and shower
required by this chapter shall be properly connected with both hot
and cold water lines supplying water of safe, sanitary quality.
F. Water heating facilities. Every dwelling shall have supplied automatic
or manually operated water heating facilities which are properly installed,
are maintained in safe and good working condition, and are properly
connected with hot water lines required under this chapter, and are
capable of heating water to a temperature of at least 120° F.
as to permit an adequate amount of hot water to be drawn at every
required sink, lavatory, basin, bathtub or shower even when the dwelling
heating facilities required by this chapter are not in operation.
G. Garbage and refuse receptacles.
(1) Duty to provide and maintain. Refuse containers shall be provided
by the owner, tenant, lessee or occupant of the premises and shall
be maintained in good condition.
(2) Garbage containers shall be made of metal or heavy molded plastic,
equipped with suitable handles and tight-fitting covers, and shall
be watertight.
(3) Scattering of refuse. No person shall place garbage or rubbish in
any container so that it may be opened or torn open by animals so
that the contents thereof may be deposited by the elements upon any
public street, sidewalk, alley or any other public place or into any
occupied premises within the City.
H. Exits. Each exit from a dwelling unit shall be kept in a reasonably
good state of repair. Required exits shall, in addition, comply with
all provisions of the appropriate codes of the state.
I. Stairways. All stairways in dwellings shall have at least one firmly
constructed handrail at not less than two feet six inches vertically
above the note of the tread. All stairways shall, in addition, comply
with all provisions of the appropriate codes of the state.
All habitable buildings shall comply with the following requirements
for light, ventilation and heating:
A. Windows. Every habitable room shall have a least one window or skylight
facing directly to the outdoors. The minimum total window area in
every sleeping room shall be 10% of the floor area of such room. No
skylight shall be installed in lieu of a window where a skylight has
not previously existed.
B. Ventilation. Every habitable room shall have at least one window
which can easily be opened or such other device as will adequately
ventilate the room. The total openable window area in every habitable
room shall equal at least 45% of the minimum window area required
by this section, except where there is supplied some other device
affording adequate ventilation and approved by the Building Inspector.
C. Bathroom. Every bathroom and toilet compartment shall have at least
one openable window facing the outside, except where there is supplied
some mechanical device approved by the Building Inspector to provide
adequate ventilation.
D. Electrical service.
(1) Every habitable room of each dwelling shall contain at least two
separate wall-type electric convenience outlets, or one such convenience
outlet and one supplied ceiling-type or wall-type electric fixture,
and every water closet compartment, bathroom, laundry room, furnace
room, and public hall shall contain at least one supplied ceiling-
or wall-type electric fixture. Every such outlet and fixture shall
be properly installed and shall be maintained in good and safe working
condition and shall be connected to the source of electric power in
a safe manner.
(2) The Building Inspector shall investigate all electrical deficiencies
and make his recommendations thereon, which recommendations shall
be made a part of the order made under the Minimum Housing Code to
the property owner.
E. Public halls and stairways. In every building accommodating two dwelling
units using the same halls and stairways, arrangements shall be made
to supply conveniently located light switches, including two-way light
switches, at both the top and bottom of all stairways controlling
an adequate lighting system which may be turned on when needed.
F. Insect protection. When flies or other pests are prevalent, all openable
windows as required by this chapter shall be effectively screened
and screen doors shall be self-closing. Screens and screen doors shall
be maintained in good condition.
G. Rodents. Every basement window used for ventilation, and every other
opening to a building which might provide an entry for rodents, shall
be supplied with a screen or such other device as will effectively
prevent their entrance.
H. Heating. Every dwelling shall have heating facilities which are capable
of safely and adequately heating all habitable rooms, bathrooms and
toilet rooms within its walls to a temperature of a least 70°
under winter temperatures of minus 20°, without forcing the heating
facilities beyond safe capacity.
All habitable buildings shall comply with the following requirements
for maintenance:
A. Floors, walls, etc. Every floor, wall, ceiling, foundation and roof
shall be weathertight, watertight and rodentproof; shall be capable
of affording privacy; and shall be kept in good repair, and in clean
and sanitary condition. Exterior surfaces shall be painted or suitably
surfaced:
(1) To prevent deterioration of the structure.
(2) When the appearance of surfaces is an obvious detriment to the visual
character of the neighborhood, and thus is a devaluating influence
upon it.
B. Stairs and porches. Every inside and outside stair, every porch and
every appurtenance thereto shall be so constructed as to be safe to
use and capable of supporting the load that normal use would cause
to be placed thereon, and shall be kept in sound condition and good
repair, and in a clean and sanitary condition. Such stairs shall be
kept free of refuse or stored material. Handrails shall be installed
as required in City and state building codes.
C. Rainwater drainage from roof. All rainwater shall be so drained and
conveyed from the roof so as not to cause dampness in any wall, ceiling
or floor of a habitable room, bathroom or toilet room. All exterior
drainpipes shall be maintained in safe and sanitary condition. Such
drainpipes, eave troughs, etc., shall be maintained so they do not
detract from the visual character of the neighborhood.
D. Plumbing fixtures. Every plumbing fixture and water and waste pipe
required under this section shall be installed in accordance with
the Plumbing Code and maintained in good working condition, free from
defects, leaks and obstructions.
E. Toilet and bathroom floors. The floors of all toilet and bath rooms
shall be constructed and maintained so as to be leakproof and shall
be kept in a clean and sanitary condition.
F. Chimneys and supplied smoke pipes. Every chimney and every supplied
smoke pipe shall be adequately supported, reasonably clean, and maintained
in a good state of repair.
G. Discontinuance of service. No owner, occupant or operator shall cause
any service, facility, equipment or utility which is required under
this section to be removed from or shut off from or discontinued for
any occupied dwelling let or occupied by him, except for such temporary
interruption as may be necessary while actual repairs or alterations
are in progress, or during temporary emergency when discontinuance
of service is approved by the enforcing officer.
H. Vacant dwelling units to be clean and sanitary before being let for
occupancy. No owner shall occupy or rent to any person for occupancy
or allow any other person to occupy any dwelling unit unless it is
safe, clean and sanitary and complies with all provisions of this
chapter and all rules and regulations adopted pursuant thereto.
No person shall occupy or let to another for occupancy any dwelling
or dwelling unit, for the purpose of living therein, which does not
comply with the following requirements:
A. Floor space. Every dwelling unit except hotels and rooming houses
shall contain at least 150 square feet of habitable floor space for
the first occupant thereof and at least 100 additional square feet
of floor space for every additional occupant thereof.
B. Sleeping rooms. In every dwelling unit of two or more rooms, every
room occupied for sleeping purposes by one occupant shall contain
at least 70 square feet of floor area, and every room occupied for
sleeping purposes by more than one occupant shall contain at least
40 square feet of floor area for each occupant.
C. Habitable room area. Floor area shall be calculated on the basis
of habitable room area. However, closet area and hall area within
the dwelling unit where provided may not count for more than 10% of
the required habitable floor area.
D. Ceiling height. At least 1/2 of the floor area of every habitable
room shall have a ceiling height of at least seven feet six inches,
and the floor area of that part of any room where the ceiling height
is less than five feet shall not be considered as part of the floor
area in computing floor area of the room for determining the maximum
permissible occupancy thereof.
E. Basement and cellar space. No basement or cellar space may be used
as a habitable room or dwelling unit, except as hereinafter provided.
In one- and two-family dwellings, kitchens and dining rooms may be
located in a basement area having its floor level not more than three
feet six inches below the outside finished grade. A basement space
may be used as a living or sleeping room or dwelling unit, provided
its floor level is not more than three feet six inches below the outside
finished grade at any point and whose ceiling is four feet or more
above grade at any point. Family rooms may be located in basements
or cellars provided adequate ventilation is provided. In a one- or
two-family residence, any basement or cellar space may be used as
a sleeping room by members of the immediate family of a resident owner,
but only on condition that the floors and walls are made impervious
to the leakage of underground and surface runoff water, the space
is insulated against dampness and the space to be so used complies
with all the requirements of this code for habitable rooms.
F. Occupants to have access to sanitary facilities. Every occupant of
every dwelling shall have unrestricted access to a bath and flush
toilet and to a sink or lavatory basin located within that dwelling.
G. Windows. All windows shall be maintained in good repair.
Where in this code the obligation for observance is not otherwise
clearly designated, the respective responsibility of owner, operator
and occupant is as follows:
A. Sanitary responsibilities of owner. Every owner of a dwelling shall
be responsible for maintaining in a safe, clean and sanitary condition
all communal, shared, or public areas of the dwelling and premises
thereof which are shared or used by the occupants of three or more
dwellings units.
B. Sanitary responsibilities of occupants. Every occupant of a dwelling
or dwelling unit shall maintain in a clean and sanitary condition
that part of the dwelling unit and yard which he occupies and controls.
C. Disposal of rubbish. Every occupant of a dwelling or dwelling unit
shall place all his rubbish accumulating between time of collection
or other satisfactory disposal in proper receptacles.
D. Disposal of garbage. Every occupant of a dwelling or dwelling unit
who does not otherwise provide for the disposal of garbage in a sanitary
and inoffensive manner shall prepare all his garbage for collection
and place it, pending collection, in a proper receptacle as provided
herein. The owner shall be responsible for supplying such facilities
or receptacles for all dwelling units in dwellings containing more
than two dwelling units. In all other cases, the occupant shall be
responsible for such facilities or receptacles.
E. Extermination of pests; occupant's responsibilities. Every occupant
of a dwelling containing more than one dwelling unit shall be responsible
for the extermination of any insects, rodents, or other pests therein,
whenever his dwelling unit is the only one infested; provided, however,
that when infestation is caused by failure of the owner to maintain
a dwelling in a rodentproof or substantially insectproof condition,
extermination shall be the responsibility of the owner.
F. Extermination of pests; owner's responsibilities. Every owner
or operator shall be responsible for exterminating of any insects,
rodents or other pests therein, whenever infestation occurs in more
than one dwelling unit in a dwelling or in the shared or public parts
of a dwelling of two or more units, or in any vacant unit.
G. Use and operation of plumbing fixtures. Every occupant of a dwelling
unit shall keep all plumbing fixtures therein in clean and sanitary
condition and shall be responsible for the care in the proper use
and operation thereof.
H. Use and operation of heating facilities. Every occupant of a dwelling
unit shall be responsible for care in the proper use and proper operation
of heating facilities.
I. Destruction, mutilation and defacing of property. No person shall
willfully or wantonly damage, mutilate or deface any part of residential
real estate, supplied fixtures, equipment and furnishings or any other
property of another.
J. Grading, landscaping and drainage of premises. No premises shall
be graded or maintained so that stagnant water will accumulate or
stand on the premises or adjacent premises or within any building
or structure. No premises shall be graded or maintained so that surface
runoff causes damages to any person or property. In addition, yards
shall be landscaped so that the visual character of the neighborhood
is preserved.
K. Responsibilities in case of contract. A contract effective between
owner and operator, operator and occupant, or owner and occupant,
with regard to compliance hereunder, shall not relieve any party of
his direct responsibility under this chapter.
L. Owner to note in writing the number of occupants allowed. Every owner
or operator shall advise the occupant in writing, either by insertion
in the lease between the parties or otherwise, of the maximum number
of occupants permitted in the occupied premises under this chapter.
No person shall operate a rooming house, or let to another for
occupancy any rooming unit in any rooming house, except in compliance
with the following requirements:
A. To comply with code. Every owner, operator or occupant of a rooming
unit shall comply with the provisions of this code as though such
unit were a dwelling unit, except as herein noted.
B. Toilets and lavatories. At least one flush toilet, lavatory basin,
and bathtub or shower, properly connected to a municipal water and
sewer system and in good working condition, shall be supplied for
each six persons, including the operator's quarters or family
whenever they share the use of said facilities, provided that in rooming
houses where rooms are let only to males, flush urinals may be substituted
for not more than 1/2 the required number of flush toilets. All such
facilities shall be so located within the dwelling to be reasonably
accessible from a common hall or passageway to all persons sharing
such facilities. Every lavatory basin and bathtub or shower shall
be adequately supplied with hot water at all times. No such facilities
shall be located in a basement.
C. Linen. The operator of every rooming house shall change supplied
bed linen and towels therein at least once each week and prior to
the letting of any room to any occupant. The owner shall be responsible
for the maintenance of all supplied bedding in a clean and sanitary
manner.
D. Area of sleeping rooms. Every room occupied for sleeping purposes
by one person shall contain at least 70 square feet of floor space
and every room occupied for sleeping purposes by more than one person
shall contain at least an additional 50 square feet of floor space
for each additional occupant thereof.
E. Exits. Every rooming unit shall have at least two separate safe and
unobstructed means of exit in accordance with the State Commercial
Building Code requirements.
F. Sanitary maintenance. The operator of every rooming house shall be
responsible for the sanitary maintenance of all walls, floors and
ceilings and for the maintenance of a sanitary condition in every
part of the rooming house, and he shall be further responsible for
the sanitary maintenance of the entire structure or building leased
or occupied by the operator.
G. Rubbish storage. Adequate garbage disposal facilities or garbage
storage containers whose type and location are approved shall be supplied
by the rooming house operator. The operator shall be responsible for
the disposal of all garbage in a clean and sanitary manner through
the use of approved mechanical equipment or by placing it in the required
containers.
H. Includes hotels. Every provision of this chapter which applies to
rooming houses shall also apply to hotels. If, however, the state
or any of its agencies is found to have a more restrictive regulation
in regard to or in conflict with these provisions, that regulation
shall take precedence over this code.
If any person fails to comply with the orders imposed by the
Building Inspector, the Building Inspector shall give notice to the
City Attorney to commence such legal action as to effectuate the purpose
of this chapter.
Any person who shall violate any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in §
1-4 of this Code.
The regulation and standards herein prescribed are minimum standards.
If any standard or regulation required by the Minimum Housing Code
differs from a standard or regulation of some other provision of the
Minimum Housing Code or other City ordinances or regulations or state
regulations, the stricter shall take precedence.