[Adopted as § 16.07 of the 2011 Code; amended in
its entirety 12-17-2018 by Ord.
No. 2018-10]
The Village of Williams Bay recognizes a need for an organized
inspection program of residential rental units within designated districts
in the Village which have shown evidence of blight, high rates of
building code complaints or violations, deteriorating property values,
or increases in single-family home conversions to rental units in
order to upgrade and maintain the condition of such residential rental
units so that they may meet and comply with all provisions of the
Village of Williams Bay municipal ordinances as well as all applicable
safety, health, fire, building and construction requirements promulgated
by the State of Wisconsin. The Village of Williams Bay also desires
to provide a more efficient system for compelling both absentee and
local landlords to correct violations and to maintain, in proper condition,
rental property within the Village. The Village recognizes that the
most efficient system to provide for rental inspections is the creation
of a program requiring the registration of all residential rental
units within the Village so that orderly inspection schedules can
be made by Village officials.
As used in this article, the following terms shall have the
following meanings, unless the context clearly indicates that a different
meaning is intended:
Those areas designated from time to time by resolution of
the Village Board as districts showing evidence of blight, high rates
of building code complaints or violations, deteriorating property
values, or increases in single-family home conversions to rental units.
A single unit providing complete independent living facilities
for one or more persons including permanent provisions for living,
sleeping, eating, cooking and sanitation.
MULTIFAMILY DWELLINGA dwelling located in a residential building designed for or occupied by three or more families on one zoning lot, with the number of families in residence not to exceed the number of dwellings provided.
BOARDING HOUSE, ROOMING HOUSE, LODGING HOUSE and TOURIST HOUSEA building arranged or used for the lodging, with or without meals, for compensation, by individuals who are not members of the same family.
DORMITORYA space in a building where sleeping accommodations are provided for more than one person not members of the same family group, in one room.
HOTEL/MOTELA room or rooms in any building or structure kept, used, maintained, advertised or held out to the public to be an inn, motel, apartment hotel or place where sleeping, rooming, office, conference or exhibition accommodations are furnished for lease or rent, whether with or without meals.
Any of the following conditions:
The rental property or rental unit lacks hot or cold running
water.
Heating facilities serving the rental property or rental unit
are not in safe operating condition or are not capable of maintaining
a temperature, in all living areas of the property or unit, of at
least 67° F. during all seasons of the year in which the property
or unit may be occupied. Temperatures in living areas shall be measured
at the approximate center of the room, midway between floor and ceiling.
The rental property or rental unit is not served by electricity,
or the electrical wiring, outlets, fixtures, or other components of
the electrical system are not in safe operating condition.
Any structural or other conditions in the rental property or
rental unit that constitute a substantial hazard to the health or
safety of the tenant, or create an unreasonable risk of personal injury
as a result of any reasonably foreseeable use of the property or unit
other than negligent use or abuse of the property or unit by the tenant.
The rental property or rental unit is not served by plumbing
facilities in good operating condition.
The rental property or rental unit is not served by sewage disposal
facilities in good operating condition.
The rental property or rental unit lacks working smoke detectors
or carbon monoxide detectors.
The rental property or rental unit is infested with rodents
or insects.
The rental property or rental unit contains excessive mold.
Any person with a legal right to possession of the property
and who has authority to permit or deny access to the property.
A person or entity which occupies, or has the right to occupy,
any room or rooms in a hotel/motel, or any residential rental unit,
for at least 30 or more consecutive days, without an intervening occupancy
interval of less than 30 days.
Any natural individual, firm, partnership, association, joint
stock company, joint venture, public or private corporation, limited
liability company, receiver, executor, trustee, conservator or other
representative appointed by order of any court.
Any building or dwelling containing residential rental units.
Any person listed in the Village or county records as a fee
owner or land contract purchaser of property within the Village.
A dwelling unit, rooming unit or dwelling which is rented
for occupancy or made available for occupancy on a rental basis to
a permanent resident who is not the owner of such dwelling unit or
rooming unit.
Any 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.
The Village of Williams Bay, County of Walworth, State of
Wisconsin
No person shall hereafter occupy, allow to be occupied or let
to another person for occupancy any property within the Village for
which a registration statement has not been properly made and filed
with the Building Inspector in accordance with the provisions of this
article. Registration shall be made upon forms furnished by the Building
Inspector of the Village for such purpose and shall specifically require
the following minimum information:
The registration must be made at least 10 days before first
renting the property or prior to any change of ownership, management,
or contact information for a building by the property owner(s) or
designated authorized contact person in the office of the Building
Inspector of the Village. Registration shall be required prior to
the issuance of any building and/or zoning permits relating to the
property.
Every owner(s) of property (whether as fee owner or land contract
purchaser or upon conveyance or transfer of any interest in the property)
shall be required to furnish to the Building Inspector the name, address,
telephone number, and, if available, email address of a new owner
or their authorized contact person.
A registration fee as set by resolution of the Village Board
shall be charged for registrations required under this article.
A.
All residential rental units, boardinghouses, dormitories, hotels
and motels within a designated district that rent to permanent residents
shall be inspected systematically in a manner and upon a schedule
prescribed by the Building Inspector, in compliance with this article
and all other applicable laws.
B.
These inspection requirements are not intended to conflict with licensing
and inspection requirements promulgated by the State of Wisconsin.
C.
The provisions of this section shall not apply to:
(1)
Property containing only two dwelling units where one of the two
dwelling units is occupied, as a permanent residence, by the owner
of the property.
(2)
Dwellings, buildings, structures and uses owned and/or operated by
a governmental agency.
(3)
Boardinghouses and dormitories that do not rent to permanent residents.
(4)
Nursing homes and community-based residential facilities.
(5)
Hotels/motels that do not principally rent to permanent residents.
(6)
Any property which is not subject to annual inspections under this
article and was inspected under this article within the last five
years and which at the time of the inspection either had no habitability
violations or cured all habitability violations found during the prior
inspection within 30 days of the inspection.
(7)
Any property which is subject to annual inspections which has had
two consecutive annual inspections with no habitability violations
within the last six years.
(8)
Any property the occupant of which does not consent to allow access
to, unless the inspection is conducted under a special inspection
warrant.
D.
Where a nonresidential business or activity or a state licensed and
inspected use occupies a portion of a building and premises which
would be otherwise subject to this article, the provisions of this
article shall be applicable to the residential and common or public
areas of such building and premises.
E.
The Building Inspector may not conduct an inspection in accordance
with this article of any building which is less than eight years old.
Nothing in this section shall preclude the Building Inspector from
inspecting a building which is less than eight years old in conjunction
with any inspections relating to the issuance of an occupancy permit
pursuant to Village codes.
A.
The Building Inspector shall conduct an inspection of all property
subject to inspection within a designated district within one year
of the Village's designation of the district.
B.
Any building which, upon the initial inspection, has habitability
violations which are not cured within 30 days of the initial inspection
shall become subject to annual inspections under this article. Such
building shall be inspected by the Building Inspector once a year
until said building is exempted from further annual inspections.
C.
Nothing in this section shall preclude the inspection of said dwellings
more frequently than once every year for purposes other than under
this section.
No person shall rent, let or let for occupancy any residential
rental unit within a designated district without having a valid, current
certificate of inspection for that residential rental unit. The Building
Inspector shall authorize temporary occupancy without a certificate
of inspection of any occupied building for the period of time between
the designation of a district and the initial inspection as scheduled
by the Building Inspector. The Building Inspector may authorize temporary
occupancy without a certificate of inspection of an unoccupied building
for the period of time between a request for an occupancy permit and
the initial inspection as scheduled by the Building Inspector.
A.
If, upon completion of an inspection, a property is found to be in
compliance with all applicable provisions of the Village of Williams
Bay municipal ordinances, and the appropriate fee(s) has been paid,
the Village shall issue a certificate of inspection for the property.
B.
If, upon completion of an inspection, a property is found to be in
violation of one or more applicable provisions of the Village of Williams
Bay municipal ordinances, the Village shall, within 10 working days,
provide the property owner or authorized contact person with written
notice of such violations. The violation(s) shall be corrected within
30 days, at which time a reinspection date shall be set unless the
violation exposes a tenant to imminent danger, at which point a time
of less than 30 days may be designated. If such violation(s) has been
corrected within that period, the Village shall issue a certificate
of inspection for the property. Upon a showing of good cause, the
Building Inspector shall extend the time by which a violation must
be cured. If such violation(s) has not been corrected within that
period, the Village shall not issue the certificate of inspection
and may take any action necessary to enforce compliance with all applicable
provisions of this article and the Village of Williams Bay municipal
ordinances. If such uncorrected violation(s) does not pose an immediate
threat to health, safety and welfare of the occupants or other residents
of the Village, the Building Inspector may, at his/her sole discretion,
authorize the temporary occupancy of the property for a period not
to exceed 60 days while corrective action is taken by the property
owner.
The owner(s) of any property subject to this article may request inspections of said property at any time, subject to the inspection fees provision of § 205-22.
A.
A certificate of inspection issued pursuant to this article shall
expire five years from the date of its issuance, unless the certificate
of inspection is issued to a property subject to annual inspections
in which case it shall expire one year from the date of its issuance.
B.
The certificate of inspection shall have the expiration date prominently
displayed on its face.
C.
If a property owner successfully completes two consecutive years
of certification without any complaints, violations or orders written
against the property, then the Building Inspector shall issue a certificate
of inspection which shall be valid for five years. Any extension so
issued shall be subject to all other provisions of this article.
A certificate of inspection issued pursuant to this article shall be transferable to succeeding owners; provided, however, that the transferor shall provide written notice of said transfer to the Building Inspector no later than five days prior to the transfer closing. Such notice shall contain the name, address and phone number of a succeeding owner or authorized contact person as provided in § 205-11 herein. The failure to provide such notice may result in the suspension or revocation of the certificate of inspection.
Upon the request of an existing or prospective tenant, the owner(s)
or the duly designated agent or local manager shall produce the certificate
of inspection for review.
If the Building Inspector determines that any owner(s) has failed
to comply with this article or any applicable provision of the Village
of Williams Bay municipal ordinances, after having given that person
written notice of said violation(s) and a reasonable opportunity to
correct said violation(s), the Building Inspector may suspend or revoke
the certificate of inspection held by such owner(s).
A.
Fees for each inspection required by this article shall be set by
resolution of the Village Board.
B.
Fees for reinspection required by this article which is necessitated
by the existence of a violation(s) of this article ascertained during
an inspection shall be set by resolution of the Village Board.
C.
The units enumerated above shall not include the dwelling units used
or occupied by the owner, but shall apply to the owner's local property
manager.
D.
Where a property does not have a current certificate of inspection,
then for purposes of calculating the fee therefor, the first required
inspection date for the property shall be deemed the first inspection.
E.
No fee shall be charged for an inspection:
(1)
Where an owner voluntarily allows access for an inspection of exterior
and common areas, and no habitability violation is discovered during
the inspection, or, if a violation is discovered, the violation is
corrected within 30 days.
(2)
Where no habitability violation is discovered during the inspection.
(3)
Which is a reinspection that occurs after a violation from an initial
inspection was corrected within 30 days.
(4)
Which does not occur because an occupant does not allow access to
the property.
A.
Injunction. Any violation of this article is hereby declared to be a public nuisance and a public health hazard. In addition to the penalties described in Subsection B, the Village Attorney may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any and all violations of this article and to require any violations of this article to be eliminated within 60 days after entry of judgment. The Village Attorney may request and shall be entitled to receive, on behalf of the Village, reimbursement for any and all costs and expenses, including reasonable attorney's fees, related to such injunction proceedings and any other enforcement action or litigation related thereto. All such penalties or costs and expenses awarded to the Village by a court of competent jurisdiction may be applied as a special assessment or lien against the property for collection by the Village.
B.
Penalty. Any person, firm or corporation who fails to comply with
or violates the provisions of this article shall be fined not less
than $25 nor more than $1,000 plus costs and expenses, for each offense.
Each day a violation exists or continues shall constitute a separate
offense.
The provisions of this article are severable. If any provision
of this article or the application thereof to any person or circumstance
is held or determined to be invalid, such invalidity shall not affect
any other provisions or applications of this article which can be
given effect without the invalid provisions or application.
