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.
[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.