[HISTORY: Adopted by the Village Board of the Village of
Fox Crossing 7-13-2020 by Ord.
No. 200713-1.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter derives from Ch. 12 of the former
Municipal Code, amended 10-27-2008.
This code shall be known and may be cited and referred to as
the "Minimum Standards Housing Code, Village of Fox Crossing." This
code establishes minimum standards governing the condition and maintenance
of dwellings occupied by a person or persons exclusive of the owner;
establishes minimum standards governing utilities and facilities and
other conditions essential to make such dwellings safe, sanitary and
fit for human habitation; fixes certain responsibilities and duties
of owners, operators and occupants of such dwellings and dwelling
units; authorizes the inspection of such dwellings and the condemnation
of such dwellings unfit for human habitation; and provides penalties
for violations.
The provisions of this chapter shall be held to be the minimum
requirements to protect the health, safety, morals and welfare of
the people of the Village of Fox Crossing, and where this chapter
imposes stricter requirements than imposed by other provisions of
law or ordinance, the provisions of this chapter shall control. If
any of the provisions of this chapter are in conflict with the Wisconsin
Uniform Dwelling Code, the Wisconsin Uniform Dwelling Code shall take
precedence. If any of the provisions of this chapter are in conflict
with the Wisconsin Commercial Building Code, the Wisconsin Commercial
Building Code shall take precedence.
For the purposes of this chapter, in regards to one- or two-family
homes, definitions in addition to those in this section shall be as
per the Wisconsin Uniform Dwelling Code, § SPS 320.07, Wis.
Adm. Code. For the purposes of this chapter, in regards to structures
containing three or more dwelling units, definitions in addition to
this section shall be as per the International Building Code as adopted
and amended by the Wisconsin Commercial Building Code. Certain words
or terms in this chapter are defined for the purpose hereof as follows:
words used in the present tense include the future; words used in
the masculine gender include the feminine and neuter; the singular
number includes the plural and the plural number the singular; the
words "dwelling," "dwelling unit," "rooming house," "rooming unit"
and "premises" include the words "or any part thereof."
Approved by the Building Official.
A portion of a building located partly or wholly underground
and having 1/2 or more of its clear floor-to-ceiling height below
the average grade of the adjoining ground.
A habitable room within a dwelling unit which is used or
intended to be used primarily for the purpose of sleeping, but not
including any kitchen or dining room.
The Building Official or designees for the Village of Fox
Crossing.
Any building or structure, or part thereof, which is used,
designed or intended to be used for human habitation.
A room or group of rooms located within a dwelling and forming
a single habitable unit with facilities which are used or intended
to be used for living, sleeping and cooking.
The control or elimination of insects, rodents or other pests
by eliminating their harborage places, by removing or making inaccessible
materials that may serve as their food, by poisoning, spraying, fumigating
or trapping, by blocking their access to a dwelling, or by any other
recognized and legal pest elimination methods approved by a Health
Officer of the Winnebago County Health Department pursuant to the
appropriate ordinances.
Any number of persons living together on the premises as
a single housekeeping unit.
That story of a dwelling at or next above the average grade
of adjoining ground.
Floor area of rooms shall be measured by interior dimensions
unless otherwise noted.
The animal and/or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
A room or enclosed floor space used or intended to be used
for living, sleeping, cooking or eating purposes, excluding bathrooms,
water closet compartments, laundries, pantries, foyers or communicating
corridors, closets, utility rooms, storage spaces, and similar spaces
not used by persons frequently or during extended periods.
A portion of a building located partly underground but having
less than 1/2 of its clear floor-to-ceiling height below the average
grade of the adjoining ground.
A Health Officer of the Winnebago County Health Department.
A place where sleeping accommodations are offered for pay
to transients, in five or more rooms, and all related rooms, buildings
and areas. It does not include rooming houses.
The presence, within or around a dwelling, or in or near
waste disposal containers, of any insects, rodents or other pests.
A room within a dwelling unit used for cooking or the preparation
of meals.
A hotel that furnishes on-premises parking for motor vehicles
of guests as part of the room charge, without extra cost, and that
is identified as a "motel" rather than a "hotel" at the request of
the operator. It does not include rooming houses.
Three or more dwelling units in one structure.
Any person living, sleeping, cooking or eating in or having
possession or use of a dwelling unit.
Any legally responsible person who has charge, care or control
of a building or part thereof in which dwelling units are leased or
let.
Any legally responsible person who, alone or jointly or severally
with others:
Has legal title to any dwelling with or without actual possession
thereof; or
Has charge, care or control of any dwelling as owner or agent
of the owner, or as executor, administrator, trustee or guardian of
the estate of the owner. Any such person thus representing the owner
shall be bound to comply with the provisions of this chapter to the
same extent as if he were the owner.
An individual, firm, corporation, association, partnership
or organization of any kind.
Water pipes, mechanical garbage disposal units, waste pipes,
water closets, sinks, installed dish washers and clothes washing machines,
lavatories, bathtubs, shower baths, catch basins, drains, vents and
other similar supplied fixtures, including all connections to waterlines
or sewer lines.
A platted or unplatted lot or parcel of land, either occupied
or unoccupied by any dwelling, and including any such accessory structure
or other structure thereon.
A space within a building completely enclosed except for
openings for light, ventilation, ingress or egress.
Any dwelling, or that part of any dwelling, containing one
or more rooming units, in which space is let by the owner or operator.
Room or group of rooms forming a single habitable unit, used
or intended to be used for living and sleeping, but not for cooking
or eating purposes.
Combustible or noncombustible waste materials, except garbage,
and the term shall include the residue from the burning of wood, coal,
coke and other combustible material, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, leaves,
tin cans, metals, mineral matter, glass, crockery or dust.
For one- or two-family dwellings, per Wisconsin Uniform Dwelling
Code; for multiple dwelling structures, per Wisconsin Commercial Building
Code.
Paid for, arranged, furnished, or provided by or under control
of the owner or operator.
A person who travels from place to place away from his or
her permanent address for vacation, pleasure, recreation, culture,
business or employment.
No person shall occupy or let to another for occupancy any dwelling
or dwelling unit for the purpose of living, sleeping, cooking or eating
therein which does not comply with the requirements of this chapter.
A.Â
Sink, flush water closet, lavatory basin and bathtub or shower in
dwellings.
(1)Â
Every dwelling unit shall contain:
(a)Â
A kitchen sink in good working condition, located in the room
in which food is cooked or prepared, and properly connected to an
approved water and sewer system.
(b)Â
A flush water closet, and lavatory basin, in good working condition
and properly connected to an approved water and sewer system. The
flush water closet shall be in a room affording privacy, and the lavatory
basin shall be located in the same room as or in a room adjacent to
the flush water closet.
(c)Â
A bathtub or shower in good working condition and properly connected
to an approved water and sewer system. The bathtub or shower shall
be located within the same room as the flush water closet or in a
separate room affording privacy.
(2)Â
No water closet shall be of the flush hopper, frost-proof hopper,
privy or similar type where a sewer system is available to the property,
and where no sewer is available, then such facilities shall be used
only when approved by the Building Official.
B.Â
Access to bathrooms and water closets. Access to each bathroom or
water closet compartment shall be provided without requiring passage
through a sleeping room, bathroom or water closet compartment of another
dwelling unit.
C.Â
Floors and ventilation of bathrooms and water closets.
(1)Â
Every water closet compartment and bathroom shall be floored with
a surface which is reasonably impervious to water and which can be
easily kept in a clean and sanitary condition.
(2)Â
Every bathroom and water closet compartment shall be provided with
adequate ventilation as required per State of Wisconsin requirements.
D.Â
Piped hot and cold running water.
(1)Â
Every kitchen sink, lavatory basin and bathtub or shower required
under this chapter shall be connected and supplied with hot and cold
running water. Water shall be supplied in accordance with State of
Wisconsin requirements.
(2)Â
Every dwelling shall have supplied water-heating facilities which are properly installed and connected to waterlines maintained in safe and good working condition and of a sufficient capacity to supply an adequate amount of water at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120° F. Such water facilities shall be capable of meeting the requirements of this subsection when the heating facilities of the dwelling or dwelling unit required under the provisions of § 407-6E are not in operation.
A.Â
Window area and ventilation.
(1)Â
Natural light requirements are established by the Uniform Dwelling
Code, § SPS 321.05, Wis. Adm. Code.
(2)Â
Every habitable room shall have at least one window which can easily
be opened or such other device as will adequately ventilate the room.
The total openable window area in every habitable room shall equal
that of the Uniform Dwelling Code, § SPS 321.05, Wis. Adm.
Code.
B.Â
Screening.
(1)Â
All openable windows as required by Subsection A of this section shall be effectively screened, and screen doors shall be self-closing. Screens and screen doors shall be maintained in good condition.
(2)Â
Every basement window used for ventilation, and every other opening
to a building which might provide an entry for rodents, shall be supplied
with a screen or such other device to effectively prevent their entrance.
C.Â
General electrical provisions.
D.Â
Public hall lighting. Every public hall and stairway in every multiple
dwelling shall be illuminated per State of Wisconsin requirements.
E.Â
Heating facilities. Every dwelling shall have heating facilities
which are properly installed and vented, are maintained in safe operating
condition, and are capable of heating all habitable rooms, bathrooms
and water compartments in each dwelling unit therein to a temperature
as required per State of Wisconsin requirements.
A.Â
No dwelling unit shall be occupied by more than one family.
B.Â
Floor space.
(1)Â
Every dwelling unit shall contain at least 150 square feet of floor
space for the first occupant thereof and at least 100 additional square
feet of floor space for every additional occupant, in addition to
the floor area included in water closet compartments, bathrooms, halls
or passageways.
(2)Â
Every room occupied for sleeping purposes shall contain at least
70 square feet of floor space for one occupant or 50 square feet of
floor space for each occupant if more than one.
C.Â
Access to sleeping rooms. No dwelling unit shall be so located or
arranged that access thereto requires passage through a habitable
room of another dwelling unit.
D.Â
Ceiling height of habitable rooms. At least 1/2 of the floor area
of every habitable room shall have a ceiling height per State of Wisconsin
requirements.
E.Â
Basement or half-basement occupancy. No basement space may be used
as a habitable room or dwelling unit, except as hereinafter provided.
A.Â
Structural soundness.
(1)Â
Members. Every foundation, door, outer wall, ceiling and roof shall
be weathertight, watertight, and rodent-proof, shall be capable of
affording privacy, and shall be kept in good repair. Every interior
partition wall, floor and ceiling shall be capable of affording privacy,
kept in a good state of repair and maintained so as to permit it to
be kept in a clean and sanitary condition.
(2)Â
Openings. Every window, exterior door and basement hatchway or stairway
shall be weathertight, watertight, and rodent-proof and shall be kept
in good working condition and repair.
(3)Â
Rain water drainage from roof. All rainwater shall be so drained
and conveyed from every roof so as not to cause dampness in the walls,
ceilings or floors of any habitable room, or any bathroom, or any
toilet room.
(4)Â
Stairs and porches. Every inside and outside stair and handrail and
every porch and porch rail shall be so constructed as to safely support
the maximum load that normal use may require and shall be kept in
safe condition and good repair at all times. The Building Official
may require a handrail for each stair if deemed necessary.
(5)Â
Handrails. Every stairway of more than three risers must have a handrail
of construction corresponding to State of Wisconsin requirements and
be safely enclosed to handrail height.
B.Â
Plumbing. All plumbing shall be properly installed and maintained
in sanitary condition free from defects, leaks and obstructions in
accordance with the State of Wisconsin Plumbing Code.
C.Â
Exits. Every dwelling unit shall have a safe, unobstructed means
of egress leading to safe and open space at ground level, as required
by State of Wisconsin requirements and the ordinances of the Village
of Fox Crossing.
D.Â
Smoke and carbon monoxide detectors. All dwelling units subject to
the provisions of this code shall be provided with smoke and carbon
monoxide detectors per State of Wisconsin requirements. The owner
shall be responsible for installing and maintaining the smoke and
carbon monoxide detectors in good working order. Tenants shall be
responsible for informing the owner of any smoke or carbon monoxide
detector malfunction, including the need for a new battery. The owner
shall check batteries at the beginning of a new lease and shall replace
the battery at least annually.
E.Â
Effectiveness. Every supplied facility, piece of equipment, or utility
which is required under this chapter shall be so constructed or installed
that it will function safely and effectively and shall be maintained
in satisfactory working condition.
A.Â
Owner or owner-occupant responsibility. Every owner or owner-occupant
shall be responsible for the cleanliness of all parts of a dwelling
and premises shared in common by more than one family and for provision
of the following utilities and services, except where such responsibility
is assumed by an operator or an occupant by agreement:
(1)Â
Garbage and rubbish disposal facilities or containers in every multiple
dwelling.
(2)Â
Extermination of insects, rodents or other pests, except that where
only one dwelling unit is infested the occupant of such infested unit
shall be responsible for its extermination, unless the dwelling is
not maintained in a reasonably rat-proof or insect-proof condition.
(3)Â
All other facilities, utilities, service or conditions required by
this chapter.
B.Â
Occupant responsibility. Every occupant of a dwelling unit shall be responsible for keeping the occupied area and premises and all plumbing equipment and facilities in a clean, safe and sanitary condition at all times. Garbage and rubbish shall be disposed of or stored in proper containers in a neat and sanitary manner unless disposed of or stored by the owner or owner-occupant as provided in Subsection A above.
No person shall operate a rooming house, or shall occupy or
let to another for occupancy any rooming unit in any rooming house,
except in compliance with the provisions of this section.
A.Â
Rooming house licenses.
(1)Â
License required. No person shall operate a rooming house unless
he holds a valid rooming house license issued by the office of the
Village Clerk in the name of the operator and for the specific dwelling
unit. This license shall be displayed in a conspicuous place within
the rooming house at all times. No such license shall be transferable.
Every person holding such a license shall give notice in writing to
the office of the Village Clerk and the Building Official within 24
hours after having sold, transferred, given away or otherwise disposed
of ownership of, interest in or control of any rooming house. Such
notice shall include the name and address of the person succeeding
to the ownership or control of such rooming house. Every rooming house
license shall expire at the end of one year following its date of
issuance, unless sooner suspended or revoked as hereinafter provided.
(2)Â
Denial of license. Any person whose application for a permit to obtain
a license to operate a rooming house has been denied may request and
shall be granted a hearing on the matter, under the procedure provided
in this chapter.
(3)Â
Notice of violation. Whenever upon inspection of any rooming house
the Health Officer or Building Official finds that conditions or practices
exist which are in violation of any provision of this chapter, the
Health Officer or Building Official, as the case may be, shall give
notice in writing to the operator of such rooming house that unless
such conditions or practices are corrected within a reasonable time,
to be determined by the Health Officer or Building Official, respectively,
the operator's rooming house license will be suspended. At the end
of such period the Health Officer or Building Official, as the case
may be, shall reinspect such rooming house, and if he finds that such
conditions or practices have not been corrected, he shall give notice
in writing to the operator that the latter's license has been suspended.
Upon receipt of notice of suspension, such operator shall immediately
cease operation of such rooming house, and no person shall occupy
for sleeping or living purposes any room therein.
(4)Â
Suspension of license. Any person whose license to operate a rooming
house has been suspended, or who has received notice from the Health
Officer or Building Official that his license is to be suspended unless
existing conditions or practices at his rooming house are corrected,
may request and shall be granted a hearing on the matter before the
Housing Appeals Board (or other designated body) as the case may be,
under the procedure provided in this chapter, provided that if no
petition for such hearing is filed within 10 days following the day
on which such license was suspended, such license shall be deemed
to have been automatically revoked.
B.Â
Minimum housing regulations for rooming houses.
(1)Â
(2)Â
Sanitary facilities. At least one flush water closet, one lavatory
basin and one bathtub or shower, properly connected to a water and
sewer system approved by the Building Official and in good working
condition, shall be supplied for each eight persons or fraction thereof
residing within a rooming house, including members of the operator's
family wherever they share the use of said facilities, provided that
in a rooming house where rooms are let only to males, flush urinals
may be substituted for not more than 1/2 of the required number of
water closets. All such facilities shall afford privacy and be separate
from the habitable rooms, shall be so located within the dwelling
as to be reasonably accessible from a common hall or passageway to
all persons sharing such facilities, and shall not be more than one
story removed from the rooming unit of any occupant intended to share
the facilities. Every lavatory basin and bathtub or shower shall be
supplied with hot water at all times. No such facilities shall be
located in a basement except by written approval of the Health Officer
or Building Official.
(3)Â
Linens and towels. The operator of every rooming house shall change
supplied bed linen and towels therein at least once each week and
prior to the letting of any room to any occupant. The operator shall
be responsible for the maintenance of all supplied bedding in a clean
and sanitary manner.
(4)Â
Exits. Every rooming unit shall have safe, unobstructed means of
egress leading to safe and open space at ground level, as required
by the laws of the State of Wisconsin.
(5)Â
Maintenance. The operator of every rooming house shall be responsible
for the sanitary maintenance of all walls, floor and ceilings, and
for maintenance of a sanitary condition in every other part of the
rooming house, and shall be further responsible for the sanitary maintenance
of the entire premises where the entire structure or building is leased
or occupied by the operator.
(6)Â
On-site operator required. If a rooming house has more than six available
rental rooms, an on-site operator or manager is required. The on-site
manager may be a tenant living on the premises. In the case where
no on-site operator is required, the owner or operator of said rooming
facility shall provide to the tenants the owner's or operator's telephone
number and shall also post in a place accessible to all tenants a
listing of telephone numbers for all emergency and maintenance service
needs.
(7)Â
Smoke and carbon monoxide detectors. Every floor level, including
the basement, and every rooming unit shall be protected with an approved
smoke detector and carbon monoxide detector.
(8)Â
Fire extinguishers. An approved fire extinguisher shall be provided
on each floor level, including the basement.
(9)Â
Garbage and rubbish. Adequate garbage disposal facilities or garbage
storage containers shall be supplied by the rooming house operator.
The operator shall be responsible for the disposal of all garbage
in a clean and sanitary manner.
No owner, operator or occupant shall cause any service, facility,
equipment or utility to be removed from or shut off from or discontinued
in any occupied dwelling unit let or occupied by him, except for such
temporary interruption as may be necessary while actual repairs or
alterations are in progress, or during temporary emergencies when
discontinuance of service is approved by the Building Official. Upon
the discontinuance of gas or electric service for cause by a public
utility company or upon discontinuance of any municipal or other service
for cause, the Building Official shall be notified and shall thereupon
take immediate steps to have the responsible person correct conditions
leading to such discontinuance of services. This section shall not
be construed to prevent the cessation or discontinuance of any such
service upon order of the Building Official or any other authorized
officials.
A.Â
All dwellings or parts thereof which have any of the following defects
shall be deemed dangerous dwellings and shall be condemned as unfit
for human habitation:
(1)Â
Those whose interior or exterior bearing walls or other vertical
structural members list, lean or buckle to such an extent as to weaken
the structural support they provide.
(2)Â
Those which, excluding the foundation, show 33% or more of damage
or deterioration of the supporting member or members, or 50% or more
of damage or deterioration of the nonsupporting enclosing or outside
walls or covering.
(3)Â
Those which have improperly distributed loads upon the floors or
roofs or in which the same are overloaded, or which have insufficient
strength to be reasonably safe for the purpose used.
(4)Â
Those which have been damaged by fire, wind or other causes so as
no longer to provide shelter from the elements and which have become
dangerous to life, safety, morals or the general health and welfare
of the occupants or the people of the Village of Fox Crossing.
(5)Â
Those which have become or are so dilapidated, decayed, unsafe, unsanitary
or vermin-infested or obsolete that they are likely to cause sickness
or disease, or injury to the health, morals, safety or general welfare
of those living therein or of the people at large.
(6)Â
Those which lack light, air and sanitation facilities as required
by this chapter to protect the health, morals, safety or general welfare
of persons living therein.
(7)Â
Those which lack the facilities required by this chapter for egress
in case of fire or panic or those which have insufficient stairways,
elevators, fire escapes, or other means of ingress and egress required
herein.
(8)Â
Those whose parts are so attached that they may fall and injure occupants
or the public or other property.
(9)Â
Those whose general condition or location causes such buildings to
be unsanitary or otherwise dangerous to the health or safety of the
occupants or of the public.
B.Â
Declaration of nuisance and orders.
(1)Â
All dangerous dwellings or parts thereof within the terms of this chapter are hereby declared to be public nuisances and unfit for human habitation and shall be vacated and repaired or demolished in accordance with the provisions of § 407-14 of this chapter.
(2)Â
In any case where a dangerous dwelling is 50% or more damaged or decayed, or deteriorated from its original structure, or where it cannot be repaired so as to comply with the terms of this chapter, it shall be ordered vacated and demolished in accordance with the provisions of § 407-14 of this chapter.
A.Â
Authorization. The Building Official is hereby authorized and directed
to make inspections to determine the condition of dwellings, dwelling
units and premises located within the Village of Fox Crossing in order
to safeguard the health and safety of the occupants of such dwellings
and of the general public. For this purpose and upon showing proper
identification, the Building Official is authorized to enter, examine
and survey at any reasonable hour all dwellings, dwelling units and
premises, and the owner, occupant or the person in charge thereof
shall give the Building Official free access thereto for the purpose
of such inspection.
B.Â
Owner's access for repairs. Every occupant of a dwelling shall give
the owner thereof, or his agent or employee, access to any part of
such dwelling, dwelling unit or premises at any reasonable hour for
the purpose of making any repairs or alterations which are necessary
to effect compliance with the provisions of this chapter or any lawful
order issued pursuant thereto.
C.Â
Village personnel not to be liable. No officer, agent or employee
of the Village of Fox Crossing shall be personally liable for any
damage that may accrue to persons or property as a result of any act
required or permitted in the discharge of his duties under this chapter.
Any suit brought against any officer, agent or employee of the Village
of Fox Crossing as a result of the proper discharge of his duties
under this chapter shall be defended by the Village of Fox Crossing
Village Attorney until final determination of the proceedings therein.
A.Â
Applicability. In accordance with and to carry out the stated purposes
of this Housing Code, the enforcement and interpretation of the provisions
of this chapter with respect to violations thereof shall be vested
solely in the discretion and judgment of the Building Official.
B.Â
Notices of violation.
(1)Â
General noncompliance violations. Whenever the Building Official
determines that there has been a violation of any provision of this
chapter he shall give notice of such violation to the person or persons
responsible therefor and order compliance with this chapter as hereinafter
provided. Such notice and order shall:
(a)Â
Be in writing on an appropriate form.
(b)Â
Include a description of the real estate sufficient for identification.
(c)Â
Include a list of the violations, with reference to the section
of this chapter violated.
(d)Â
Include an order as to the remedial action required to effect
compliance with this chapter.
(e)Â
Include specification of a reasonable time for compliance.
(f)Â
Include a copy of the appeals process.
(g)Â
Be served upon the owner, occupant or agent in person; provided,
however, that the notice and order shall be deemed to be properly
served if such owner, occupant or agent is sent a copy thereof by
U.S. Postal Service to his last known address and a copy is posted
in a conspicuous place in or on the dwelling affected.
(2)Â
Dangerous dwelling violations. Whenever the Building Official determines that a dwelling is a dangerous dwelling as defined in § 407-12 he shall:
(a)Â
Affix upon the door or entrance to such dwelling a printed placard
declaring that such dwelling has been condemned as unfit for human
habitation and placarded as such. The Building Official shall remove
the placard whenever the defect or defects upon which the condemnation
and placarding were based have been eliminated.
(b)Â
Serve notice, as provided herein, to the owner and occupant or lessee of any building found by him to be a dangerous dwelling within the standards set forth in § 407-12 that the owner and occupant or lessee shall vacate said building, and the owner shall cause said building to be repaired or demolished in accordance with the terms of the notice and this chapter.
C.Â
Hearings.
(1)Â
Any person affected by a notice and order issued in connection with
the enforcement of this chapter may request and shall be granted a
hearing on the matter before the Housing Appeals Board, provided such
person shall file in the office of the Building Official a written
petition requesting the hearing and setting forth his name, address,
telephone number and a brief statement of the grounds for the hearing
or for the mitigation of the order. Such petition shall be filed on
or before 30 days after the date the notice and order are served.
Upon receipt of the petition, the Building Official shall set a time
and place for a hearing before the Housing Appeals Board and shall
give the petitioner written notice thereof. Said hearing shall be
held within 30 days after a petition has been filed, and the petitioner
shall be given an opportunity to be heard and to show cause why the
notice and order should be modified or withdrawn. The failure of the
petitioner or his representative to appear and to state his case at
such hearing shall have the same effect as if no petition were filed.
(2)Â
After the hearing, the Housing Appeals Board, by a majority vote,
shall sustain, modify or withdraw the notice, depending on its findings
as to whether the provisions of this chapter have been complied with,
and the petitioner and the Building Official shall be notified within
10 days in writing of such findings.
(3)Â
The proceedings of the hearing, including the findings and decision
of the Housing Appeals Board and the reasons therefor, shall be summarized
in writing and entered as a matter of public record in the office
of the Building Official. Such record shall also include a copy of
every notice and order issued in connection with the case.
D.Â
Orders to vacate.
(1)Â
Issuance. Where a notice of violation and order to comply have been
served pursuant to this chapter and, upon reinspection at the end
of the time specified for compliance, and if no petition for a hearing
has been filed, it is found that the violation or violations have
not been remedied, the Building Official may order the dwelling, or
parts thereof affected by the continued violations, vacated in accordance
with the following procedure:
(a)Â
Dwellings shall be vacated within a reasonable time, not to
exceed 30 days.
(b)Â
Vacated dwellings shall have all outer doors firmly locked and
basement and first- and second-story windows barred or boarded to
prevent entry.
(c)Â
Vacated dwellings shall not again be used for human habitation
until written approval is secured from the Building Official.
(2)Â
Noncompliance with orders to vacate. If a dwelling or part thereof
is not vacated within the time specified in the order of vacation,
the Building Official shall seek a court order in a court of competent
jurisdiction for the vacation of such dwelling or part thereof.
E.Â
Emergency order. Whenever the Building Official finds that an emergency exists which requires immediate action to protect the health and safety of the residents or of the public he may issue an order so stating, and notwithstanding any other provision of this chapter such order shall take effect and shall be complied with immediately. Upon petition to the Housing Appeals Board, the petitioner shall be afforded a hearing pursuant to Subsection C of this section.
F.Â
Vacation and demolition.
(1)Â
If the owner, occupant, or lessee fails to comply with the order
of the Building Official or the action of the Housing Appeals Board
after hearing, the Building Official shall cause such dwelling or
part thereof to be vacated and repaired or demolished as the facts
may warrant and shall, with the assistance of the Village of Fox Crossing
Village Attorney, cause the costs of such repair or demolition to
be charged against the land on which the building existed as a municipal
lien or to be recovered in a suit at law against the owner.
(2)Â
In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless a dangerous dwelling as defined herein is immediately vacated and repaired or demolished, the Building Official shall cause its immediate vacation and repair or demolition. The costs of such emergency repair or demolition shall be collected in the same manner as provided in Subsection F(1) above.
G.Â
Placard. No person shall interfere with, obstruct, mutilate, conceal,
deface or remove any official notice or placard posted by the Building
Official on any dwelling or dwelling unit which has been condemned
as unfit for human habitation. Removal of such official notice or
placard shall only be performed by the Building Official.
A.Â
A Housing Appeals Board is hereby created as authorized by this chapter.
The Board shall consist of five members. One member shall be the Village
Attorney (permanent appointment) and the remaining members shall be
qualified by experience or training to pass on matters pertaining
to building construction. The Building Official shall be an ex officio
member of the Board and shall act as secretary, but shall not vote.
B.Â
The members of the Board shall be appointed by the Village President
subject to confirmation by the Village Board for a term of three years.
Each member shall serve until his successor is appointed. To be eligible
for appointment to said Board, a person shall be a citizen of the
United States and a taxpayer or resident of the Village of Fox Crossing.
C.Â
The Board shall elect a Chairperson from its members. The Housing
Appeals Board shall:
(1)Â
Adopt rules of procedure not inconsistent with this chapter, elect
its own officers, and keep a record of all proceedings, including
the vote of each member on each case heard. No member of the Board
shall take part in any hearing or determination in which he has directly
or indirectly any personal or financial interest. Three members of
the Board in attendance at any meeting shall constitute a quorum.
(2)Â
Interpret the intent of this chapter in specific cases where, upon
appeal, it clearly appears that, by reason of special conditions,
undue hardship would result from literal application of any section
of this chapter. Where such undue hardship is clearly demonstrated,
the Board may permit a variance from the applicable section provided
the dwelling will vary only a reasonable minimum from the literal
provision of this chapter and will comply generally with spirit and
intent of the regulations as to sanitation, safety and rehabilitation.
Any such variance shall be permitted only by the concurring vote of
at least three members of the Board.
Any person who violates any provision of this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined an amount set forth in Chapter A450, Fines and Penalties, reference this Code section, and upon failure to pay such forfeiture shall be imprisoned in the county jail until the forfeiture is paid, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.
