The Building Inspector may make inspections to determine the condition of dwellings, dwelling units, and premises located within the City, in order that they may perform their duty of safeguarding the health and safety of the occupants of dwellings and of the general public. For the purpose of making such inspections, the Building Inspector may enter, examine, and survey, at proper times after due notice, all dwelling units, rooming units and premises. The owner or occupant of every dwelling, dwelling unit, or the person in charge thereof, shall give the Building Inspector access to such dwelling, dwelling unit or rooming unit and its premises, at proper times after due notice, for the purpose of such inspection, examination and survey. Every occupant of a dwelling unit or dwelling shall give the owner thereof or his agent or employee, access to any part of such dwelling or dwelling unit, or its premises, at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter.
A. 
Notice. Whenever the Building Inspector determines that there are reasonable grounds to believe that there has been a violation of any such provision which affects the safety of any such occupants or the safety of the general public, the Building Inspector shall give notice of such alleged violation to the person or persons responsible therefor, and to any known agent of such person, as thereinafter provided. Such notice shall:
(1) 
Be put in writing;
(2) 
Include a statement of the reasons why it is being issued;
(3) 
Allow a reasonable time for the performance of any act it requires;
(4) 
Be served upon the owner or his agent, or the occupant, as the case may require; provided, that such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is sent by registered mail to his last known address, or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice, or he is served with such notice by any other method authorized or required under the laws of the State of Wisconsin;
(5) 
Such notice must contain an outline of remedial action which, if taken, will effect compliance with this chapter.
B. 
Hearing. Any person affected by any such notice issued by the Building Inspector may request and shall be granted a hearing on the matter before the Zoning Board of Appeals, provided such person shall file with the Building Inspector and the Zoning Board of Appeals, within 30 days of the receipt of such notice, a notice of appeal specifying the grounds thereof. The Zoning Board of Appeals, upon receipt of the notice of appeal, shall arrange a time and place for the hearing and shall give the aggrieved party written notice thereof. At such hearing, the aggrieved party shall be given an opportunity to be heard and to show cause why such notice should not be complied with.
C. 
Order. After such hearing, the Board shall sustain, modify or withdraw the notice, depending upon its findings as to whether the provisions of this chapter have been complied with. If the Board shall sustain or modify such notice, it shall be deemed to be an order. Any notice served pursuant to Subsection A shall automatically become an order if a written petition for a hearing is not filed in the office of the Building Inspector within 30 days after such notice is served. After a hearing in the case of any notice suspending any permit required by this chapter, when such notice has been sustained by the Board, the permit shall be deemed to be automatically revoked if a petition for hearing is not filed in the office of the Building Inspector within 10 days after such notice is served.
D. 
Record of proceedings. The proceedings at such hearings, including the findings and decision of the Board shall be summarized, reduced to writing and entered as a matter of public record in the offices of the Board. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Board may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state.
E. 
Emergencies. Whenever the Building Inspector finds that an emergency exists which requires immediate action to protect the public health he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately, but upon petition to the Building Inspector, he shall be afforded a hearing as soon as possible in the manner provided in Subsection B. After such hearing, depending upon the findings as to whether the provisions of this chapter have been complied with, the Board shall continue such order in effect, or modify it, or revoke it.
[Amended 4-6-2010 by Ord. No. 1061A]
Any person who shall violate any provision of this chapter or any order, rule or regulation made hereunder shall be subject to an applicable penalty as provided in § 1-19 or Chapter 80, Article IV, of this Code. If a complaint of a violation of the requirements in this chapter or Chapter 279, Building Construction; Chapter 286, Buildings, Numbering of; Chapter 292, Buildings, Unsafe; or Chapter 581, Swimming Pools, is received, it shall be handled as follows:
A. 
As an alternative to issuing a municipal citation that is subject to the general penalty in § 1-19 of this code, the following enforcement method may be used if, after inspection, the Building Inspector determines that a violation exists in the Housing Code, and if it is determined that the nature of such violation is not such as to threaten imminent danger to the public health, safety, peace, peace, morals, decency or welfare, but that the offense requires that correction orders be issued as follows:
(1) 
Correction order. The Building Inspector, or his or her designee, may issue a correction order reciting the existence of a building code violation under this chapter or Chapter 279, Building Construction; Chapter 286, Buildings, Numbering of; Chapter 292, Buildings, Unsafe; or Chapter 581, Swimming Pools, and requiring the owner or occupant of the premises to correct, remove or abate the condition described in the order within the time period specified therein.
(2) 
The correction order shall be served personally on the owner of the property, as well as the occupant, if different from the property owner, or at the option of the inspecting officer, the notice may be mailed to the last known address with a return receipt. If the owner or occupant cannot be served, the order may be served by posting it on the main entrance of the premises and by publishing as a Class 3 notice under Chapter 985 of the Wisconsin Statutes. The time limit specified in the order runs from the date of completion of service or publication.
(3) 
If the recipient of the correction order fails or refuses to comply within the time period prescribed, the inspecting officer may issue reinspection fees in accordance with this section.
B. 
The purpose of reinspection fees is as follows:
(1) 
To assist the City in paying the costs of enforcing its associated zoning, housing, building, public nuisance, and other codes;
(2) 
To promote the appropriate regulation and control of buildings and real estate in the City;
(3) 
To protect and provide for the public health, safety, and general welfare of the City;
(4) 
To help protect the character and the social and economic stability of the City by eliminating public nuisances or other property-related violations;
(5) 
To help protect the value of land and buildings in the City;
(6) 
To help remedy problems associated with public nuisance and real estate-related code violations in the City.
C. 
Findings. In enacting the alternative enforcement of public nuisance, zoning, housing and building regulation and other ordinances through the issuance of correction orders and by charging reinspection fees, the City Council finds that the cost of enforcement of the City codes related to these codes is greater than the estimated revenues from reinspection fees expected to be received under this section.
D. 
Reinspection fee. To compensate for inspection and administrative costs under this section, a fee of $50 may be charged to the owner or occupant of property for any reinspection by a City of Lake Mills Building Inspector, or his or her designee, to determine compliance with an order to correct conditions in violation of specified sections of the Housing Code in this chapter or Chapter 279, Building Construction; Chapter 286, Buildings, Numbering of; Chapter 292, Buildings, Unsafe; or Chapter 581, Swimming Pools, of the Municipal Code, except no fee shall be charged for the reinspection when compliance is recorded. A fee of $100 may be charged for a second reinspection, a fee of $200 for a third reinspection and a fee of $400 for each subsequent reinspection for the same condition. A reinspection fee may also be charged when the Building Inspector, or his or her designee, finds a condition which is similar to a condition which was subject to a correction order within one year prior to the inspection. Reinspection fees shall be charged against the real estate upon which the reinspections were made, shall be a lien upon the real estate and shall be assessed and collected as a special charge. If there has been a change of ownership or occupancy after the City issues a correction order, the reinspection fee may be waived if it is determined that the new owner or occupant was not aware of the prior order to correct a violation or condition.
E. 
Any property owner or occupant that has received a correction order under this section may, within 30 days of receipt of the order, appeal the decision to issue the order under procedures set forth in Chapter 16, Administrative Review, of the Lake Mills Municipal Code. The collection of any reinspection fees incurred by the appellant shall be stayed while the appeal is pending.