[Code 1993, § 11.17(5); Ord. No. 14-2009, § 11, 10-26-2009]
The coordinator of emergency government, the Building Inspector or the Police Chief, or their respective deputies or designees, shall have authority to issue citations or complaints under this article.
[Code 1993, § 11.06(8); Ord. No. 14-2009, § 12, 10-26-2009]
(a) 
Termination of occupancy. This article shall be enforced by the Building Inspector and it shall be his duty to prohibit or terminate the occupancy of any dwelling or dwelling unit unfit for human occupancy under the provisions of this article until the necessary corrections have been made.
(b) 
Inspections. The Building Inspector shall, on his own motion or upon written complaint made to him, inspect any dwelling or dwelling unit within the scope of this article to determine its condition in order that he may perform his duty of safeguarding the health and welfare of the occupants of such dwelling and the general public.
(c) 
Access to dwellings. Upon proper identification, the Building Inspector shall be permitted to enter any dwelling unit within the Village or its police jurisdiction at any reasonable time for the purpose of making inspections to determine compliance with this article.
(d) 
Notice of permissible occupancy. In every dwelling or dwelling unit in which an inspection has been made by the Building Inspector, there shall be posted a notice of "permissible occupancy," which shall specify the habitable room area and the maximum number of persons which may safely occupy such dwelling unit in accordance with the space requirements. Forms for such notice shall be provided by, and secured from, the Building Inspector of the Village. No person shall omit, falsify, mutilate, remove or fail to comply with such notice.
(e) 
Notice of violations. Upon inspection, whenever the Building Inspector finds any violation of this article, he shall notify the occupant and owner or agent responsible for such violation by means of a written notice of inspection. In such notification, the Building Inspector shall set forth the specific condition found, the correction necessary to bring about compliance and a specific and reasonable time for such correction and compliance. Each condition which is continued or repeated after the time specified in such notification shall constitute a separate violation of this article.
(f) 
Service of notice. Each notice or order provided under this section shall be deemed to have been properly served when it has been personally delivered or regular mailed postage to the occupant and owner or his agent responsible for the dwelling or dwelling unit which is the subject of such notice or order.
(g) 
Occupancy after notification. Upon the failure of the owner or occupant, or both, or other person responsible for compliance with this article, after due notice as set forth in this section to comply with the provisions of this article within the time prescribed by the Building Inspector, the subject dwelling or dwelling unit shall be considered unfit for human habitation, occupancy and use and shall be so designated and placarded by the Building Inspector in accordance with Wis. Stats. § 66.0413. Any dwelling or dwelling unit designated as unfit for human habitation shall be vacated within 60 days after due notice by the Building Inspector, and shall not again be used for human habitation until the facilities prescribed by this article have been provided.
(h) 
Appeal. Any person affected by any notice or order which has been issued in connection with the enforcement of any of the provisions of this article may, within 30 days after service of the notice or order, request and shall thereafter be granted a hearing before the health and sanitation appeal board. Enforcement of any order issued by the Building Inspector shall be stayed, pending the decision of any appeal therefrom.
(i) 
Records. All complaints, communications and other documents addressed to the Building Inspector, and all inspection reports, notices or orders issued by him, shall be filed in the office of the Building Inspector and shall be a public record.
(j) 
Emergency enforcement procedure. Notwithstanding any other provisions of this section, if the Building Inspector determines that any dwelling is damaged, decayed, dilapidated, dangerous, unsanitary, unsafe or vermin infested so that it creates a serious hazard to the health or safety of the occupants of such dwelling or the public, the Building Inspector may placard such dwelling and, within 24 hours after such placarding, serve notice to the occupant and owner or his agent responsible for such dwelling, as the case may be, in accordance with Subsection (f) of this section, that the dwelling is unfit for human habitation and that it shall be vacated within a reasonable time as ordered by the Building Inspector. The appeal procedure referred to in Subsection (h) of this section shall apply to any order for vacation made by the Building Inspector under this subsection.
[Code 1993, § 11.06(9); Ord. No. 14-2009, § 13, 10-26-2009]
(a) 
Created. There is created the Building and Premises Maintenance Appeal Board, consisting of five residents of the Village, including at least one Village supervisor, property owner and renter. Whenever any member of the appeal board shall lose the status which was a prerequisite to his appointment to such appeal board, and such loss of status has the effect of loss of the minimum requirement of the class of representation on the appeal board as provided for in this subsection, his term of office shall thereupon expire and his position shall be deemed vacant.
(b) 
Appointment, terms, compensation. The members of the appeal board shall be appointed by the Village Board, and vacancies on the appeal board shall be filled in the same manner. All appointments shall be made for staggered terms of three years, except the Village supervisor member of the appeal board shall be a member only as long as he continues to hold his office as Village supervisor. Appeal board members shall receive no compensation for their services.
(c) 
Meetings. Meetings of the appeal board shall be held at the call of the chair and at such other times as the appeal board may determine. The chair may administer oaths and compel the attendance of witnesses. In the absence of the chair, the members of the appeal board shall elect one of its members to preside and exercise the functions of the chair. All meetings of the appeal board shall be open to the public. The appeal board shall keep minutes of its meetings and records of its hearings and other official actions, all of which shall be immediately filed in the office of the appeal board and shall be a public record.
(d) 
Quorum. The presence of at least three members of the appeal board shall constitute a quorum at any meeting duly called.
(e) 
Office. The office of the appeal board shall be in the office of the Building Inspector in the Village hall. All documents and communications addressed to, or required to be filed with, the appeal board shall be filed in the office of the appeal board. The secretary shall have charge of all of the records and files of the appeal board.
(f) 
Functions. The appeal board shall conduct a hearing on any appeal filed by any person affected by any notice or order issued in connection with the enforcement of the provisions of this article. After such hearing, the appeal board shall sustain, modify or withdraw the notice or order, depending upon its findings, as to whether the provisions of this article have been complied with. The appeal board may also modify any notice so as to authorize a variance from the provisions of this article when, because of special conditions, a literal enforcement of the provisions of this article will result in practical difficulty or unnecessary hardship, provided that the spirit of this article will be observed, public health and welfare secured and substantial justice done. If the appeal board sustains or modifies such notice or order, it shall be deemed an order, and the owner, operator or occupant, as the case may require, shall comply with all provisions of such order, within a reasonable period of time, as determined by the appeal board. After a hearing in the case of any notice suspending any permit required by this article, when such notice has been sustained by the appeal board, the permit shall be deemed to have been revoked. The concurring vote of a majority of a properly convened appeal board shall be required to reverse or modify any order, requirement, decision or determination of the Building Inspector or to decide in favor of the applicant on any matter upon which it is required to pass under this article.