[Adopted 10-6-2004 as
Title 15, Ch. 4, of the 2004 Code]
This article shall be known as the "City of Amery Minimum Housing
Code."
The designation of dwellings or dwelling units as unfit for
human habitation and the procedure for the condemnation and placarding
of such unfit dwellings or dwelling units shall be carried out in
compliance with the following procedures and guidelines:
A. Any dwelling or dwelling unit which shall be found to have any of
the following defects shall be condemned as unfit for human habitation
and shall be so designated and placarded by the Building Inspector:
(1) One which is so damaged, decayed, dilapidated, unsanitary, unsafe,
or vermin-infested that it creates a serious hazard to the health,
safety, or welfare of the occupants or of the public.
(2) One which lacks illumination, ventilation, heating, basic equipment,
or sanitation facilities adequate to protect the health, safety, or
welfare of the occupants or of the public.
(3) One which, because of its general condition or location, is unsanitary
or otherwise dangerous to the health, safety, or welfare of the occupants
or of the public.
(4) One 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. Any dwelling, dwelling unit, building or structure designated and
placarded as unfit for human habitation and in need of repair by the
Building Inspector shall be vacated within such a reasonable time
as is ordered by the Building Inspector.
C. No building or structure 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 Building Inspector.
The Building Inspector shall remove such placard whenever the defect
or defects upon which the designation and placarding action were based
have been eliminated.
D. No person shall deface or remove the placard from any building or
structure, or part thereof, which has been condemned as unfit for
human habitation and placarded as such.
E. Any building or structure or part thereof designated as unfit for
human habitation and in need of repairs or razing by the Building
Inspector, which in the opinion of the Building Inspector would be
unreasonable to repair, shall be razed or removed upon legal written
service of the order of Building Inspector. If the owner shall fail
or refuse to comply with the order, the Building Inspector shall refer
such violation to the City Attorney who will start any legal proceedings
necessary to cause such building to be razed or removed as a violation
of this article.
F. Any building which has been vacant for more than 30 days for any
reason and has been damaged, illegally entered or vandalized shall
be secured against entry. This shall include adequately boarding up
doors, windows, and other openings in a workmanlike manner so as to
prevent illegal entry, vandalism or damage.
(1) The building utilities, plumbing, electrical and heating systems
in vacant buildings shall be maintained at all times in a safe condition
or inactivated so as to prevent the possibility of damage to the structure
by the failure of such utilities and so as to prevent hazardous and
dangerous conditions.
(2) When any building has been damaged by fire or other cause and when
hazardous or dangerous conditions exist and when such building cannot
be secured by conventional locking or boarding up of windows and doors,
such building shall be fenced off so as to prevent access and entry
to the structure and the area immediately surrounding the structure
within three days of the damage by fire or other cause.
[Adopted 10-2-2019 by Ord. No. 22-2019 (Title 15, Ch. 8, of the 2004
Code)]
The following definitions will apply in the interpretation and
enforcement of this article. Whenever the words "rental dwelling,"
"rental dwelling unit," "rooming house" "or "premises" are used in
this article, they shall be construed as though they were followed
by the words "or any part thereof."
BASEMENT
A space a full-story height below the first floor which is
not designed or used primarily for year-round living accommodations.
Space, partly below grade, which is designed and finished as habitable
space is not defined as basement space. This shall be referred to
throughout this article.
BUILDING INSPECTOR
The Building Inspector of the City of Amery or his/her authorized
representative.
CELLAR
A portion of a building located partly or wholly underground
and having 2/3 or more of its clear foot-to-ceiling height above the
average grade of the adjoining ground (see "basement" for reference).
EXTERMINATION
The control and elimination of insects, rodents, or other
pests by eliminating their harborage places, by removing or making
inaccessible materials which may serve as their food, by poisoning,
spraying, fumigating, trapping, or by other recognized and legal pest
elimination methods approved by the Building Inspector.
GARBAGE
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
HABITABLE ROOM
A room or other 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 closets, closets, and storage space.
INFESTATION
The presence within or around a rental dwelling of any insects,
rodents, or other pests.
OCCUPANT
Any person over one year of age living, sleeping, cooking,
or eating in or having possession of a rental dwelling unit.
OPERATOR
Any person who has charge, care or control of a building,
or part thereof, in which rental dwelling units or rooming units are
offered for rent.
ORDINARY MINIMUM WINTER CONDITIONS
The temperature which is 15° F. above the lower recorded
temperature for the previous ten-year period (lowest temperature 19°
F.). Figure, winter base temperature not less -15° F. with inside
room temperature of +70° F. minimum for range. (Bathroom +80°).
OWNER
Any person who, alone or jointly, or severally with others:
A.
Shall have legal title to any rental dwelling unit, with or
without accompanying actual possession thereof, provided, whenever
the rental dwelling or dwelling unit is subject to conditional sales
contract, lease with option to purchase, or any other form of written
contract under the terms of which any person is entitled to a conveyance
of legal title upon payment of a specified sum, "owner" shall mean
the person who shall have such a contractual right, rather than the
person who is holding the legal title; or
B.
Shall have charge, care or control of any rental dwelling or dwelling unit as executor, executrix, trustee, receiver, or guardian of the owner as defined in Subsection
A of this definition. Any such person thus representing the actual owner shall be bound to comply with this article to the same extent as if he/she were the owner. Any person acting as the agent of the owner shall not be construed to be the owner within the terms of this article, but shall be bound to notify the owner, by means of a certified letter addressed to the owner at his/her last known address, of any order or notice to be issued by the Building Inspector relating to the property of the owner.
PERSON
Includes any individual, firm, corporation, association or
partnership.
PLUMBING
Includes all of the following supplied facilities and equipment,
gas pipes, gas-burning equipment, water pipes, garbage disposal equipment,
waste pipes, water closets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clothes washing machines, catch
basins, drains, vents, floor drains, laundry traps, drinking fountains,
gutters, downspouts, area drains, lines, sanitary and storm sewer
systems; also subsoil drainage and other supplied fixtures together
with all connections to water, sewer, or gas lines.
RENTAL DWELLING
Any building which is wholly or partly used or intended to
be used for living or sleeping by human occupants, provided temporary
housing as hereinafter defined shall not be regarded as a rental dwelling.
RENTAL DWELLING UNIT
Any room or group of rooms located within a rental dwelling
and forming a single habitable unit with facilities which are used
or intended to be used for living, sleeping, cooking, and eating.
RUBBISH
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, trimmings, leaves, tin cans, metals, mineral matter,
glass, crockery, or dust.
SUPPLIED
Paid for, furnished or provided by or under the control of
the owner or operator.
TEMPORARY HOUSING
Any tent, trailer, or other structure used for human shelter
which is designed to be transportable and which is not attached to
the ground, to another structure or any utilities system on the same
premises for more than 30 consecutive days.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Upon a complaint by any person, as part of a program of inspection
under § 66.0119, Wis. Stats., or as required under state
or federal law, the Building Inspector may inspect a rental dwelling
or rental unit. For the purpose of making such inspections, the Building
Inspector may enter, examine, and survey, at proper time after due
notice, all rental dwelling units, rooming units, and premises. The
owner or occupant of every rental dwelling, rental dwelling unit and
rooming unit, or the person in charge thereof, shall give the Building
Inspector access to such rental dwelling, rental dwelling unit or
rooming unit, and its premises, at proper times after due notice,
for the purpose of such inspection, examination and survey. Every
occupant of a rental dwelling or rental dwelling unit shall give the
owner thereof, or his/her agent or employee, access to any part of
such rental dwelling or rental dwelling unit, or its premises, at
all reasonable time for the purpose of making such repairs or alternations
as are necessary to effect compliance with the provisions of this
article.
No person shall occupy as owner/occupant, or let to another
or occupancy, any rental dwelling or rental dwelling unit for the
purpose of living, sleeping, cooking, or eating therein, which does
not comply with the following requirements:
A. Kitchen sink. Every dwelling unit shall contain a kitchen sink in
good working condition and properly connected to a water and sanitary
sewer system approved by the Building Inspector.
B. Bathroom. Every rental dwelling unit shall contain a room within
its walls, separate from the habitable rooms, which affords privacy
to a person within said room and which is equipped with a flush water
closet, a lavatory basin and a bathtub and/or shower and the necessary
fixtures and accessories therefor in good working condition and properly
connected to hot and cold water lines and sanitary sewer system approved
by the Building Inspector.
C. Connection of facilities. The tub and/or shower required under this
article and every kitchen sink, lavatory basin, and bath shall be
properly connected with public water lines.
D. Rubbish storage. Every rental dwelling unit shall be supplied with
adequate rubbish storage facilities conforming to City ordinances.
E. Garbage disposal facilities. Every rental dwelling unit shall have
adequate garbage disposal facilities or garbage storage containers.
F. Egress. Every rental dwelling unit shall have safe, unobstructed
means of egress heading to safe and open space at ground level, as
required by the laws of the State of Wisconsin and ordinances of the
City.
No person shall occupy as owner/occupant or let to another person
for occupancy any rental dwelling or rental dwelling unit, for the
purpose of living there, which does not comply with the following
requirements:
A. Window area. Every habitable room shall have at least one window
or skylight facing directly to the outdoors. The minimum total window
area measured between stops for every habitable room shall be 10%
of the floor area of such room.
B. Openable window area. Every habitable room shall have at least one
window or skylight which can be opened or such other device as will
adequately ventilate the room. The total of openable window area in
every habitable room shall be equal to not less than 4% of the floor
area, except where there is supplied a mechanical device affording
adequate ventilation.
C. Bathrooms and water closets. Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in Subsection
A and
B, except that no window or skylight shall be required in bathrooms and water closet compartments equipped with a mechanical ventilation system.
D. Heating facilities. Every rental dwelling shall have heating facilities
which are properly installed, maintained in a safe and good working
condition, and capable of safely and adequately heating all habitable
rooms, bathrooms and water closet compartments in every rental dwelling
unit located therein to a temperature of at least 70° F., at a
distance of 30 inches about floor level, under ordinary minimum winter
conditions.
E. Lighting. Every public hall and stairway in every multiple rental
dwelling shall be adequately lighted in conformity with the current
issue of the National Electric Code and the Wisconsin Administrative
Code.
F. Basement windows. Every basement shall receive natural and artificial
light and shall be ventilated according to Federal Housing Administration
and Wisconsin Administrative Code requirements. Every basement or
cellar window used or intended to be used for ventilation, and every
other opening to a basement which might provide an entry for rodents,
shall be supplied with a screen or such other device as will effectively
prevent their entrance.
No person shall occupy as owner/occupant or let to another for
occupancy any rental dwelling or rental dwelling unit, for the purpose
of living therein, which does not comply with the following:
A. Foundations, floors, ceilings, roofs. Every foundation, floor, wall,
ceiling, and roof shall be reasonably weather tight, watertight, and
rodent-proof; shall be capable of affording privacy; and shall be
kept in good repair.
B. Skylights, exterior doors, basement hatchways. Every window skylight,
exterior door, and basement hatchway shall be reasonably weathertight,
watertight, and rodent-proof, and shall be kept in sound working condition
and good repair.
C. Stairs, porches, and appurtenances. Every inside and outside stairs,
porch and appurtenance thereto shall be so constructed as to be safe
to use and capable of supporting any load that normal use may cause
to be placed thereon, and shall be kept in sound condition and good
repair.
D. Plumbing fixtures and water waste pipes. Every plumbing fixture and
water waste pipe shall be properly installed and maintained in good
sanitary working condition, free from defects, leaks and obstructions.
E. Bathroom floor surface. Every water closet compartment floor surface
and bathroom floor surface shall be constructed and maintained so
as to be reasonably impervious to water and as to permit such floor
to be easily kept in a clean and sanitary condition.
F. Safe installation required. Every supplied facility, piece of equipment,
or utility which is required under this section shall be so constructed
or installed that it will function safely and effectively, and shall
be maintained in satisfactory working condition.
G. Disconnection of utilities prohibited. No owner, operator, or occupant
shall cause any service facility, equipment or utility which is required
under this section to be removed from or shut off from or discontinued
for any occupied rental dwelling let or occupied by him/her except
for such temporary interruption as may be necessary while actual repair
or alterations are in progress, or during temporary emergencies or
when discontinuance of service is approved by the Building Inspector.
H. Rented premises to be fit for human occupancy. No owner shall occupy
or let to any other occupant any vacant rental dwelling unit unless
it is clean, sanitary and fit for human occupancy.
No person shall occupy or let to another for occupancy any rental
dwelling or rental dwelling unit, for the purpose of living therein,
which does not comply with the following requirements:
A. Gross floor area. Every rental dwelling unit shall contain a minimum
gross floor area of not less than 150 square feet for the first occupant,
100 square feet for the second occupant, and 75 square feet for each
additional occupant. The floor area shall be calculated on the basis
of the total area of all habitable rooms.
B. Sleeping rooms. In every rental dwelling unit of two or more rooms,
every room occupied for sleeping purposes by one occupant shall contain
at least 80 square feet of floor space, and every room occupied for
sleeping purposes by more than one occupant shall contain at least
40 square feet of floor space for each occupant thereof over 12 years
of age and at least 30 square feet for each occupant thereof under
12 years of age.
C. Ceiling heights. At least 1/2 of the floor area of every habitable
room shall have a ceiling height of at least seven feet six inches,
and the floor area of that part of any room where the ceiling height
is less than five feet shall not be considered as part of the floor
area in computing the total floor area of the room for the purpose
of determining the maximum permissible occupancy thereof.
D. Basement rental dwelling. No basement or cellar space shall be used
as a rental dwelling unit unless it complies with the "Minimum Property
Requirements No. 300" of the Federal Housing Administration.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
No person shall operate a rooming house unless he or she has
registered with the office of the City Administrator/Clerk-Treasurer.
To register, the owner or authorized contact person of the rooming
house must provide an address, telephone number, and, if available,
an electronic mail address or other electronic contact information
to the office of the City Administrator/Clerk-Treasurer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A. Water closets, wash basins, bathtub, or shower. At least one flush
closet, lavatory basin and bathtub or shower, properly connected to
a water and sanitary sewer system approved by the Building Inspector
and in good working condition, shall be supplied for each 10 persons
or fraction thereof residing within a rooming house, including members
of the operator's family wherever they share the use of the said facilities,
provided that in a rooming house where rooms are let only to males,
tank-system urinals of the floor-resting-type fixtures may be substituted
for not more than 1/2 of the required number of water closets. All
such facilities shall be so located within the rental dwelling as
to be reasonably accessible from a common hall or passageway to all
persons sharing such 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 Building
Inspector.
B. Changing linens and towels. The operator of every rooming house shall
change supplied bed linens and towels therein at least once a 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.
C. Sleeping room areas. Every room occupied for sleeping purposes by one person shall contain at least 80 square feet of floor space, and every room occupied for sleeping purposes by more than one person shall contain at least 40 square feet of floor space for each occupant thereof over 12 years of age and at least 30 square feet for each occupant therein under 12 years of age, as computed in accordance with §
258-18B.
D. Egress. 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 this state and the City.
E. Maintaining sanitary condition. The operator of every rooming house
shall be responsible for the sanitary maintenance of all walls, floors
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 leased or occupied
by the operator.
F. Application
to efficiency apartments. Every provision of this article which applies
to rooming houses shall also apply to efficiency apartments, cabins,
hotels and similar accommodations except to the extent that any such
provision may be found in conflict with the laws of this state or
with the lawful regulations of any state board or agency.
G. The Building Inspector may suspend the operation of §
258-18A or
B or §
258-22C by special or general order in writing when he/she shall deem an emergency exists which, in his/her discretion, shall warrant such suspension; provided, however, no such general or special order so suspending operation of §
258-18A or §
258-22C shall be for longer than 10 days.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any owner of a rental dwelling, rental dwelling unit or dwelling
unit or premises shall register with the office of the City Administrator/Clerk-Treasurer.
To register, the owner or authorized contact person of the rooming
house must provide an address, telephone number, and, if available,
an electronic mail address or other electronic contact information
to the office of the City Administrator/Clerk-Treasurer.
A. License required for rental dwellings. Any owner of a rental dwelling,
rental dwelling unit or dwelling unit or premises shall have a rental
housing license issued by the City. Application for such license shall
be on a form approved by the City. Any owner, or the owner's agent,
heirs or assigns, shall not rent any property within the City limits
without having been issued a rental housing license through the Office
of Building Inspector.
B. Fees. Fees as prescribed in the Schedule of Fees shall be paid for
each of the following:
(1) Individual rental dwelling unit.
(3) Sleeping rooms in owner-occupied building.
C. Term. Licenses shall be issued for a period of two years and are
nontransferable without further application.
Any person who shall violate any provision of this article or any order, rule or regulation made hereunder shall be subject to a penalty as provided in §
1-5 of this Code of Ordinances.