[2-17-2015; 2016 Code]
This chapter shall be known as the HOUSING AND PROPERTY MAINTENANCE CODE OF THE CITY OF MONROE and shall be cited as such.
[2-17-2015; 2016 Code]
This chapter is adopted to preserve and promote the public health, safety, morals, comfort, convenience, prosperity and general welfare of the people of the city and environs. This includes, among others, physical, aesthetic, spiritual and monetary values. It is recognized that residential or nonresidential buildings, structures, yards or vacant areas and combinations thereof which are or become so dilapidated, unsafe, dangerous, unhygienic, overcrowded, inadequately maintained or lacking in basic equipment or facilities, light, ventilation and heating, 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.
[2-17-2015; 2016 Code]
In this chapter:
- Means approved by the building inspector under the regulations of this chapter or approved by an authority designated by law or this chapter.
- ATTRACTIVE APPEARANCE
- Means 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" shall be under the generally accepted reasonable meaning prevailing in the community of the term "attractive appearance" and shall take into consideration the appearance of the surrounding specific locality involved and the community as a whole.
- Means a story whose floor line is below grade at any exterior entrance or exit and whose ceiling is not more than five feet above grade at any such exterior entrance or exit. For single-family and two-family detached dwellings a basement shall be designated as a story only when the floor line is below grade for less than 50 percent of the perimeter of the exterior wall or when the average ceiling height is more than five feet above such grade.
- Means any structure that is designed or used for sheltering people, animals or plants, for storing property or for working, office, parking, sales or display space, regardless of any contribution that the structure makes to the production process in it; that in physical appearance is annexed to that real property; that is covered by a roof or encloses space; that is not readily moved or disassembled; and that is commonly known to be a building because of its appearance and because of the materials of which it is constructed. For the purposes of this chapter a "mobile home" is a building.
- CAPACITY IN PERSONS
- Means when applied to a building the maximum number of persons that can occupy such building, as determined by the required floor space per person as established in the Wisconsin administrative code.
- Means a building or portion thereof designed or used exclusively for human habitation, but not including hotels or motels.
- DWELLING UNIT
- Means one or more rooms in a dwelling which are arranged, designed or used as living quarters for one family only. Individual bathrooms and complete single kitchen facilities, permanently installed, shall always be included with each dwelling unit. Under this chapter a mobile home shall be considered a dwelling unit.
- EXTERIOR PROPERTY
- Means all of the real property of a lot or parcel except for real property underlying a building.
- Means the control or elimination of infestation by eliminating harboring places and removing or making inaccessible materials that may serve as food, and by poisoning, spraying, trapping, fumigation by a licensed fumigator or any other effective elimination procedure.
- Means one or more persons occupying premises and living as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house or hotel.
- Means all kinds of organic refuse resulting from the preparation of food, and all decayed or spoiled food products from any source whatever.
- GOOD WORKING CONDITION
- Means capable of performing the task for which it was designed and in the manner intended by this code.
- HABITABLE ROOM
- Means any room in a residential building which is either a sleeping room or a living room.
- IMPERVIOUS TO WATER
- Means 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 4.5 percent absorption by test.
- Means the sustained presence of household pests, vermin or rodents.
- INOPERATIVE VEHICLE
- Means any vehicle which cannot be lawfully operated on a public highway.
- LIVING ROOM
- Means a room used for sitting, dining or cooking purposes, but shall not include a room designed or intended to be used for laundry, workshop, furnace, play, bathroom, water closet or storage purposes.
- LODGING HOUSE
- Means a residential building or portion thereof, containing lodging rooms which accommodate five or more persons who are not members of the keeper's family where lodging or meals, or both, or lodging and kitchen privileges are provided for compensation.
- LODGING ROOM
- Means a room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom, including a room or rooms so rented in a single-family dwelling or dwelling unit.
- MIXED OCCUPANCY
- Means occupancy of a building in part for residential use and in part for some other use not accessory thereto.
- MOBILE HOME
- Shall have the meaning set forth in section 5-2-1 of this code.
- MOBILE RECREATIONAL VEHICLE
- Means a vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled, carried or permanently towable by a motor vehicle, is licensed for highway use if registration is required and is designed primarily as temporary living quarters for recreational, camping, travel or seasonal use. Manufactured homes that are towed or carried onto a parcel of land, but do not remain capable of being towed or carried, including model homes, are not mobile recreational vehicles.
- MOTOR VEHICLE
- Means a vehicle, including a combination of two or more vehicles, which is self-propelled, including, without limitation, a commercial motor vehicle or a vehicle which is propelled by electric power.
- Means any person living, sleeping, cooking or eating in or having possession thereof in which dwelling units or lodging rooms are located or let.
- PAVED OR GRAVELED SURFACE
- Means a ground surface covered with compacted gravel, poured concrete with or without decorative surface materials, blacktop, pavers, or other asphaltic or rubber mixture which may include sand or gravel as an ingredient and which creates a hard surface. A graded natural surface or one covered with stone or gravel intended only as a landscaping element shall not be considered a paved or graveled surface.
- Means all piping and equipment for supply, use or drainage of liquid or gaseous material.
- Means furnished, supplied, paid for or under control of the owner.
- RESIDENTIAL BUILDING
- Means building which is arranged, designed, used or intended to be used for residential occupancy or mixed occupancy by one or more families or lodgers, and which includes the following types:
- Single-family detached dwellings.
- Two-family detached dwellings.
- Multiple-family dwellings (including apartment hotels).
- Lodging houses.
- Means all inorganic refuse matter such as tin or aluminum cans, wire or metal, glass, china, crockery, paper, cloth, stone, earth, wood, ashes and things of similar nature.
- Means a vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another vehicle, but does not include a mobile home or a mobile recreational vehicle. A vehicle used with a ready-mix motor truck to spread the load is considered a semitrailer.
- SLEEPING ROOM
- Means a room used for sleeping purposes.
- Means paid for, furnished or provided by or under the control of, the owner or operator.
- Means a vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by a motor vehicle, but does not include a mobile home.
- Means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, including, without limitation, automobiles, trucks, snowmobiles, all-terrain vehicles, trailers, farm tractors and implements or trailers designed to be pulled by farm tractors.
[2-17-2015; 2016 Code]
Housing and property maintenance administrator. The office of the housing and property maintenance administrator is hereby created to enforce this chapter. The building inspector shall exercise the powers and responsibilities of the housing and property maintenance administrator under this chapter.
Right of entry. Upon presentation of proper credentials, the housing and property maintenance administrator or his or her authorized representative may enter at reasonable times any building, structure or premises in the city to perform any duty imposed upon him or her by this code.
Duties. The duties of the housing and property maintenance administrator shall be as follows:
Provide and maintain a public information bureau relative to all matters arising out of this chapter.
Maintain permanent and current records of all matters arising out of this chapter.
Conduct a systematic inspection of buildings, structures and lands to determine compliance with the terms of this chapter and take such action as necessary to secure such compliance.
Initiate, direct and review from time to time a study of the provisions of this chapter and make recommendations to the mayor and council.
Coordinate such inspection and code compliance programs with inspection or improvement programs of other neighborhood groups whose purpose is neighborhood improvement.
Whenever the housing and property maintenance administrator determines that there has been or is a violation, or that there are reasonable grounds to believe that there have been or is a violation of any provision of this code, he or she shall give notice of such violation or alleged violation to the person or persons responsible. Such notice shall:
Whenever the housing and property maintenance administrator finds that an emergency exists which requires immediate action to protect the public health or safety, he or she may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he or she considers necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately.
Authority of police officers. Any sworn officer of the Monroe police department shall have concurrent authority to enforce this chapter to the same extent and subject to the same rules and procedures as the housing and property maintenance administrator, provided however, that no such officer shall delegate authority under this chapter to a person who is not a sworn officer of the Monroe police department.
[2-17-2015; 2016 Code]
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 of garbage and other refuse, safe means of egress, provision of light, air, heat and electrical service. No person shall occupy as owner or let to another for occupancy any space in a residential building to live, sleep, cook or eat, which does not comply with applicable local, state and federal codes and with the following requirements:
Sanitary facilities requirements. Every dwelling unit shall contain a kitchen sink, a flush water closet, a lavatory basin and 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, lavatory and bathtub or shower shall be contained within a room or rooms so as to afford privacy to a person within said room. 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 in such lodging house, 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 zoning board of appeals for lodging houses utilizing gang bathrooms containing multiple bathtubs or showers. All such facilities shall be located on the floor occupied by persons sharing such facilities and shall be accessible from a common hall or passageway. Basement bathroom facilities shall not be considered as fulfilling this requirement. Every lavatory basin and bathtub or shower shall be supplied with hot water at all times.
Water heating facilities. Every residential building shall have supplied water heating facilities which are properly installed, are maintained in safe and good working condition and have a minimum withdrawal temperature capacity of 120 degrees Fahrenheit.
Water heating units shall have a capacity equal to or greater than the following:
Every gas water heating unit shall be equipped with a pilot light and automatic gas shutoff.
No water heating unit shall be allowed in any sleeping room.
No gas or oil fired water heating unit shall be allowed in a bathroom, closet, under any stairway or in a confined space with access only to above locations.
All fuel burning heaters shall be connected to a vent to the exterior.
Garbage and rubbish storage. The owner of every residential building shall be responsible for supplying such building with garbage and rubbish storage facilities as follows:
Garbage storage and disposal.
Garbage shall be disposed of in containers that conform to specifications established by the board of public works or in a garbage grinder that discharges into the sanitary sewer system.
Garbage may be disposed of in outside storage containers maintained and located so that no odors permeate any dwelling units.
Each container shall be cleaned at least weekly.
No loose garbage is allowed.
Exits. Every dwelling unit and lodging room shall have direct access to at least two accessible unobstructed means of egress leading to safe and open public right of way at ground level as required by state and city codes.
Windows, ventilation requirements. Every habitable room shall have outside windows having a total area enclosed by the sash of at least 8 percent of the floor area of the room, but not less than 12 square feet. The top of at least one such window shall be not less than 6 1/2 feet above the floor, and at least 50 percent of the required window area must open. Windows in each habitable room, bathroom windows and all doors opening to the exterior of the dwelling shall be provided with screens of no less than no. 16 wire mesh which will effectively prevent the entrance of flies and mosquitoes. Provided, however, approved door closers may be used in lieu of screen doors on exterior hallway doors on apartment buildings. Every residential building having basement windows or exterior basement doors shall have screens of not less than no. 16 wire mesh on all doors and windows, when open. Such required outside windows shall open directly toward a street, alley or toward an unobstructed approved yard or court on the same lot with the building. Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms set forth in this chapter, except interior bathrooms may be permitted when allowed by city and state codes.
Electrical service requirements. Every room shall contain such electrical receptacles and fixtures as required by this code. Each lodging room offered for rent shall be provided with lamps or fixtures with bulbs having a total capacity of at least 150 watts incandescent or equivalent. Every such receptacle and fixture shall be connected to the source of electric power in a proper manner.
Heating facilities. Every residential building shall have heating facilities which are properly installed, are maintained in good working condition, and are capable of adequately heating all habitable rooms to a temperature of 67 degrees Fahrenheit. All temperature readings shall be taken from 42 inches to 48 inches above the floor when there are no drafts or unusual wall conditions. All fuel burning heaters shall be effectively vented to assure proper draft. No unvented fuel burning space heaters shall be allowed in sleeping rooms. Appropriate clearances around all room or space heaters shall be provided and maintained, and the floor shall be protected in an acceptable manner.
Lighting requirements. In every building that contains three or more dwelling units all passageways, stairways and exits required for emergency exiting shall be illuminated with lighting that conforms to minimum standards contained in applicable state or federal regulations.
[2-17-2015; 2016 Code]
Purpose. 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, and vacant areas. Attractive and well maintained property will enhance the neighborhood and city and provide a suitable environment for increasing physical and monetary values.
Minimum requirements. Every owner and operator shall improve and maintain all property under its control to comply with the following minimum requirements:
All improvements and other surfaces shall be constructed or graded in a manner that diverts water away from buildings.
Every foundation, floor, wall, ceiling and roof shall be reasonably weathertight, watertight, rodentproof, capable of affording privacy, and shall be kept in proper repair. Any sagging or bulging shall be properly repaired to a level or plumb position. Interior walls and ceilings shall provide a suitable base for decorative finish, and shall not have noticeable surface irregularities or cracking. Interior walls and ceilings shall have a hard, waterproof surface in spaces subject to moisture. Floor surfacing shall provide ease of maintenance and durability appropriate for the use of the room.
Every window, exterior door and basement hatchway shall be reasonably weathertight, watertight and rodentproof, and shall be kept in proper working condition and repair.
Every interior and exterior stair, porch, railing, and related accessory shall be constructed so as to be safe to use and capable of supporting the load that normal use may place on it. Each such item shall be kept in proper condition and repair, and shall present an attractive appearance.
Every plumbing fixture and water and waste pipe shall be properly maintained in good working condition, free from defect, leaks and obstructions.
The floor surface of every water closet and bathroom shall be properly maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.
Every supplied facility, piece of equipment or utility which is required by this code shall be maintained in proper working condition.
No owner, operator or occupant shall cause any service, facility, equipment or utility required by this code to be removed, shut off, or discontinued for any occupied dwelling, dwelling unit or lodging room, except for temporary interruption necessary while repairs are in process, or during emergencies when discontinuance of service is approved by an authorized inspector.
All exterior property shall be kept free from weeds, and all grass areas shall be kept mowed to a height of not more than six inches.
All exterior property shall be properly maintained in a clean and sanitary condition, free from brush, severed tree limbs, rubbish or garbage, physical hazards, rodent harborage and infestation and junked or discarded property, including, without limitation, refrigerators, furnaces, washing machines, stoves, machinery or machinery parts, wood, bricks, cement blocks or other unsightly material or debris.
No person shall do the following on exterior property that is part of any lot in the A-1, A-2, R-1, R-2 or R-3 zoning districts:
Park or leave standing a vehicle on other than a paved or graveled surface.
Park or leave standing a semitrailer. This subsection shall not preclude placement of a semitrailer that has been expressly authorized in a permit issued by the city.
Occupy or allow to be occupied for a period exceeding 48 hours any space in a vehicle for living, sleeping, cooking or eating.
Park or leave standing a vehicle if any part of such vehicle is not located on or over a paved or graveled surface. This subsection shall not preclude placement of a vehicle that has been expressly authorized in a permit issued by the city.
Place or allow to be placed on such lot for more than 30 consecutive days a container that is designed or used for the disposal of solid or liquid waste, other than a container obtained from the city and used to contain solid waste that is picked up as part of a city-run solid waste disposal service. Notwithstanding the foregoing, a container used exclusively for disposal of materials related to the construction or demolition of a structure or other facility for which a building permit has been issued may remain on such lot for term of such permit.
Leave standing any vehicle parts.
Allow an inoperative motor vehicle to remain on such lot for more than 30 consecutive days.
Fences, other minor construction, walks and paved or graveled surfaces shall be properly maintained in a safe, sanitary and substantial condition.
Exterior surfaces of buildings that are not inherently resistant to deterioration shall be periodically treated with a protective coating of paint or other suitable preservative which will provide adequate resistance to weathering and maintain an attractive appearance.
Landscaping, plantings and other decorative surface treatments shall be installed as necessary and maintained to present an attractive appearance in all court and yard areas. 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 neighborhood and the city.
Investigation and access by housing and property maintenance administrator.
The housing and property maintenance administrator shall investigate any report of property within the city which is suspected of being in violation of this section.
The housing and property maintenance administrator may enter upon any lands at all reasonable times to carry out his or her duties under this section.
The housing and property maintenance administrator shall not be liable, either personally or as an agent, independent contractor, or servant of the city, in an action in trespass or any other action for damages resulting from the performance of his or her duties under this section, so long as he or she exercises reasonable care in the performance of such duties.
Maintenance by city; lien for maintenance or repair.
If any person neglects to maintain or repair property as required by this section, the housing and property maintenance administrator may cause such property to be brought into compliance in the manner he or she considers most economical.
The housing and property maintenance administrator shall establish procedures for the enforcement of this section. Such procedures shall be set forth in writing, and shall be available to the public upon request.
The cost of bringing such property into compliance shall be charged to the owner or owners of such property. All such charges shall be due and payable 30 days from the date of billing. Such charges shall not be payable in installments.
The city clerk shall bill the property owner or owners to recover the cost of any work or materials expended to bring the property into compliance with this section.
If the charge is not paid when due, the charge shall become a lien upon the property. The charge shall be entered on the next tax roll in a column headed "for property maintenance," as a delinquent tax against the property on which the maintenance or repair was performed. All proceedings in relation to the collection, return and sale of property for delinquent real estate taxes shall apply to such charge, except as otherwise provided by statute.
[2-17-2015; 2016 Code]
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. No person shall occupy or let to another for occupancy as living quarters any dwelling or dwelling unit which does not comply with the following requirements:
Every detached single-family dwelling other than mobile homes shall be at least 500 square feet in floor area on the first floor level.
Every dwelling unit shall contain at least 150 square feet of floor area for the first occupant thereof and at least 100 additional square feet of floor area for every additional occupant thereof, the floor area to be calculated on the basis of total habitable room floor area. 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 habitable floor area, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of habitable floor area for each occupant thereof.
No dwelling unit containing two or more sleeping rooms shall have such room arrangements that 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 or a bathroom or water closet compartment.
In all dwelling units the average ceiling height shall be not less than seven feet six inches and the minimum ceiling height shall be not less than seven feet in the entire first floor area. The minimum ceiling height shall be seven feet six inches for all floor areas above the first floor except undersloping roofs where the minimum shall be seven feet six inches for not less than 50 percent of the floor area, and where that portion of the floor area under the sloping roof having a ceiling height of less than five feet shall not be considered as part of the floor area in computing the maximum permissible occupancy thereof.
No sleeping room shall have its floor level below the alley, court, yard or street grade immediately adjoining and abutting upon said habitable rooms except that in single-family dwellings it may be permitted when the following conditions are complied with:
The exterior walls shall be damp-proofed.
A refrigerant air-conditioner or dehumidifier shall be available for use when needed, which is designed to handle the square foot of the floor area on the sleeping or living lower level.
Proper drainage away from exterior walls of the structure shall be provided.
Sash area of windows shall be at least 10 percent of the floor area of the room. At least 50 percent of the required window sash area shall open, or in lieu thereof, mechanical ventilation shall be provided with a minimum capacity of two cubic feet per minute per square foot of floor area.
Every lodging room occupied for sleeping purposes by one person shall contain at least 70 square feet of habitable floor area, and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet of habitable floor area for each occupant thereof, but not more than seven square feet of closet space may be included per occupant.
[2-17-2015; 2016 Code]
The purpose of this section is to establish minimum standards for basic fire safety for all residential buildings and parts thereof and to obtain the public and private benefits accruing from the provisions of this section. No person shall occupy or let to another for occupancy any dwelling or dwelling unit as living quarters, which does not comply with the following requirements:
No highly flammable or explosive material shall be stored in a residence, and no dwelling unit shall be allowed in a building containing liquids with a flash point below 110 degrees Fahrenheit.
No materials shall be allowed to accumulate in locations that may block egress from fires or interfere with fire-fighting operations.
Every electric wire shall have adequate insulation maintained in good condition.
All switch and outlet plates shall be properly fastened in position.
All short circuits or breaks shall be immediately corrected.
No temporary wiring, except proper extension cords for temporary use of appliances.
Maximum fuse sizes shall be conspicuously posted on fuse boxes.
[2-17-2015; 2016 Code]
The responsibility of owners, operators and occupants of residential buildings is as follows:
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.
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 he or she occupies and controls except 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 his or her refuse and garbage in the containers required by this code.
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 this code.
Every occupant of a dwelling containing a single-dwelling unit shall be responsible for the extermination of any insects, rodents or other pests in or on the premises and every occupant of a dwelling unit in a residential building shall be responsible for such extermination whenever his or her dwelling unit is the only one infested. Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a residential building in a reasonable condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units or lodging rooms in any residential building or in the shared or public parts of any residential building, extermination thereof shall be the responsibility of the owner.
Every occupant of a dwelling unit shall keep all plumbing fixtures in such dwelling in a clean and sanitary condition and shall be responsible for exercise of reasonable care in the proper use and operation thereof.
The owner or operator shall not occupy or let to another for occupancy any space in a residential building unless it is clean, sanitary, fit for human occupancy, complies with the requirements of this code and the occupancy is limited to the maximum permitted by this code.
The owner of each residential building containing three or more separate dwelling units and an enclosed common area that is accessible to all dwelling units in such building shall neatly display in a conspicuous accessible place within such common area a list of not less than two alternate agents and their phone numbers who may be called to arrange for emergency work required when the owner or operator is not readily available.
The owner of each residential building that is not subject to the requirements of subparagraph (G) of this section and that contains one or more rental dwelling units shall notify in writing each lessee of a dwelling unit in such building, or include in the lease for the dwelling unit, not less than two alternate agents and their phone numbers who may be called to arrange for emergency work required when the owner or operator is not readily available.
The operator of every lodging house shall change supplied linen and towels before the letting of any room to any occupant and at least once during each week such room is occupied. The operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary condition.
[2-17-2015; 2016 Code]
The purpose of this section is to provide permits for lodging houses other than those licensed by the state of Wisconsin.
Permit required. The owner or operator of a lodging house located within the city shall obtain a permit from the housing and property maintenance administrator for such premises in the name of the owner and operator. The permit may be issued by the housing and property maintenance administrator after inspection and shall remain in force unless an objection is filed with the housing and property maintenance administrator by the health, fire or police department. This objection shall include a written statement concerning the specific correctable violation of any city regulation. The permit shall be displayed in a conspicuous place in a public area of the building. No permit shall be transferred from one address to another. Permits shall be transferred to a new owner upon proper application.
Application for permit. The owner or operator of every lodging house shall make proper application for a permit to the housing and property maintenance administrator before the issuance of a certificate of occupancy for a new building, or within seven days after the acquisition of an occupied building.
Inspection, suspension of permit. Whenever, upon inspection of any such premises, the inspector finds that conditions or practices exist which are in violation of any provision of this code, the inspector shall give notice in writing to the owner or operator of such premises, that unless such conditions or practices are corrected within a reasonable period, to be determined by the inspector but in any event not less than 15 nor more than 30 days, the permit therefor will be suspended. At the end of such period the inspector shall reinspect such premises and if he or she finds that such conditions or practices have not been corrected, he or she shall give notice in writing to the owner or operator that the latter's permit has been suspended. The housing and property maintenance administrator shall, without unnecessary delay, forward each written suspension to the zoning board of appeals for a hearing and a decision within the same time period as provided for appeals in title 2, chapter 11 of this code. Permits may be revoked after an opportunity has been provided for a hearing before the zoning board of appeals. After a permit has been revoked, each day of operation of the lodging house shall be considered a separate offense.
[2-17-2015; 2016 Code]
The purpose of this section is to provide for the designation and repair or razing of those buildings which are so dilapidated, unsafe, dangerous, unhygienic, inadequately maintained or lacking in basic equipment, facilities, light, ventilation and heating so as to constitute a menace to the occupants or public.
Defects; notice. Any building 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:
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.
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.
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.
Placarding unfit building. Any building 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.
No building 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.
No person shall deface or remove the placard from any building or part thereof which has been condemned as unfit for human habitation and placarded as such.
Razing required. Any building or part thereof designated as unfit for human habitation and in need of 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 this code.
[2-17-2015; 2016 Code]
Any person acting as the agent of the owner shall not be construed to be the owner within the terms of this chapter, but shall immediately notify the owner of any order or notice issued by the building inspector relating to the property of the owner.
[2-17-2015; 2016 Code]
A person who violates any provision of this chapter or fails to comply with any of its requirements shall upon conviction be subject to a Class 3 forfeiture. A separate offense exists each calendar day during which a violation occurs or continues.