[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.
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.
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.
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.
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.
Means capable of performing the task for which it was designed
and in the manner intended by this code.
Means any room in a residential building which is either
a sleeping room or a living room.
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.
Means any vehicle which cannot be lawfully operated on a
public highway.
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.
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.
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.
Means occupancy of a building in part for residential use
and in part for some other use not accessory thereto.
Shall have the meaning set forth in section 5-2-1 of this code.
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.
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.
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.
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.
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]
(A)
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.
(B)
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.
(C)
Duties. The duties of the housing and property maintenance administrator
shall be as follows:
(1)
Provide and maintain a public information bureau relative to
all matters arising out of this chapter.
(2)
Maintain permanent and current records of all matters arising
out of this chapter.
(3)
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.
(4)
Initiate, direct and review from time to time a study of the
provisions of this chapter and make recommendations to the mayor and
council.
(5)
Coordinate such inspection and code compliance programs with
inspection or improvement programs of other neighborhood groups whose
purpose is neighborhood improvement.
(6)
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:
(7)
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.
(D)
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:
(A)
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.
(B)
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.
(1)
Water heating units shall have a capacity equal to or greater
than the following:
|
Tank storage: 100 degrees Fahrenheit rise/gallon per hour
|
Tankless type: 100 degrees Fahrenheit rise/gallon per
minute
| |||
|---|---|---|---|---|
|
Units served
|
Number of gallons
|
Heating capacity
|
Gallons per minute
| |
|
1
|
20
|
20
|
2.75
| |
|
2
|
30
|
30
|
5.00
| |
|
3
|
40
|
35
|
7.75
| |
|
4
|
50
|
40
|
10.00
| |
|
5
|
60
|
45
|
12.75
| |
|
6
|
70
|
50
|
15.00
| |
|
7
|
80
|
55
|
17.75
| |
|
8
|
90
|
65
|
20.00
| |
|
9
|
100
|
70
|
22.75
| |
|
10
|
110
|
80
|
25.00
| |
|
11
|
120
|
95
|
27.75
| |
(2)
Every gas water heating unit shall be equipped with a pilot
light and automatic gas shutoff.
(3)
No water heating unit shall be allowed in any sleeping room.
(4)
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.
(5)
All fuel burning heaters shall be connected to a vent to the
exterior.
(C)
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:
(2)
Garbage storage and disposal.
A)
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.
B)
Garbage may be disposed of in outside storage containers maintained
and located so that no odors permeate any dwelling units.
C)
Each container shall be cleaned at least weekly.
D)
No loose garbage is allowed.
(D)
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.
(E)
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.
(F)
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.
(G)
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.
(H)
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; 9-21-2020]
(A)
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.
(B)
Minimum requirements. Every owner and operator shall improve and
maintain all property under its control to comply with the following
minimum requirements:
(1)
All improvements and other surfaces shall be constructed or
graded in a manner that diverts water away from buildings.
(2)
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.
(3)
Every window, exterior door and basement hatchway shall be reasonably
weathertight, watertight and rodentproof, and shall be kept in proper
working condition and repair.
(4)
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.
(5)
Every plumbing fixture and water and waste pipe shall be properly
maintained in good working condition, free from defect, leaks and
obstructions.
(6)
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.
(7)
Every supplied facility, piece of equipment or utility which
is required by this code shall be maintained in proper working condition.
(8)
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.
(9)
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.
(10)
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.
(11)
No person shall do the following on exterior property that is
part of any lot in any zoning districts:
[1-3-2022]
A)
Park or leave standing a vehicle on other than a paved or graveled
surface. Such paved or graveled surface shall cover the full width
and length of said vehicle.
[2-7-2022]
B)
Occupy or allow to be occupied for a period exceeding 48 hours
any space in a vehicle for living, sleeping, cooking or eating.
C)
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.
D)
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.
E)
Leave standing any vehicle parts.
F)
Allow an inoperative motor vehicle to remain on such lot for
more than 30 consecutive days.
(12)
Fences, other minor construction, walks and paved or graveled
surfaces shall be properly maintained in a safe, sanitary and substantial
condition.
(13)
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.
(14)
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.
(C)
Investigation and access by housing and property maintenance administrator.
(1)
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.
(2)
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.
(3)
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.
(D)
Maintenance by city; lien for maintenance or repair.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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:
(A)
Every detached single-family dwelling other than mobile homes shall
be at least 500 square feet in floor area on the first floor level.
(B)
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.
(C)
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.
(D)
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.
(E)
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:
(1)
The exterior walls shall be damp-proofed.
(2)
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.
(3)
Proper drainage away from exterior walls of the structure shall
be provided.
(4)
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.
(F)
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:
(A)
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.
(B)
No materials shall be allowed to accumulate in locations that may
block egress from fires or interfere with fire-fighting operations.
(C)
Every electric wire shall have adequate insulation maintained in
good condition.
(D)
All switch and outlet plates shall be properly fastened in position.
(E)
All short circuits or breaks shall be immediately corrected.
(F)
No temporary wiring, except proper extension cords for temporary
use of appliances.
(G)
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:
(A)
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.
(B)
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.
(C)
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.
(D)
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.
(E)
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.
(F)
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.
(G)
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.
(H)
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.
(I)
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.
(A)
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.
(B)
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.
(C)
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.
(A)
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:
(1)
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.
(2)
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.
(3)
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.
(B)
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.
(1)
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.
(2)
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.
(C)
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.
