[Added 11-11-2019 by Ord. No. 07-19]
This article is adopted for the purpose of preserving and promoting the public health, safety, comfort, convenience, prosperity, and general welfare of the people of the Village and environs. This includes, among others, physical, aesthetic, and monetary values. It is recognized that there may now be or may, in the future, be residential buildings, structures, yards or vacant areas, and combinations thereof, which are so dilapidated, unsafe, dangerous, unhygienic, inadequately maintained or lacking in basic equipment or facilities as to 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. All repairs, alterations, additions to and changes in occupancy made pursuant to this article shall comply with the Wisconsin Building Code, the Wisconsin Plumbing Code, and with the Wisconsin Uniform Dwelling Code. All materials utilized in repairs, alterations, additions to and changes in occupancy made pursuant to this article must be approved for their intended use.
A. 
Rules. In the construction of this article, the rules and definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise:
(1) 
Words used in the present tense shall include the future.
(2) 
Words stated in the masculine gender include the feminine and neuter.
(3) 
Words used in the singular number shall include the plural number, and the plural the singular.
(4) 
The word "shall" is mandatory and not discretionary.
(5) 
The word "may" is permissive.
(6) 
The phrase "used for" shall include the phrases "arranged for," "designed for," "Intended for," "maintained for," and "occupied for."
B. 
Terms defined in other codes. Where terms are not defined in this Code and are defined in the Wisconsin Building Code, the Wisconsin Plumbing Code, and the Wisconsin Uniform Dwelling Code, such terms shall have the meanings described to them as in those codes. Where, however, terms are defined in both this Code section and the state codes cited immediately above, the definition set forth in this Code shall control.
C. 
Definitions. The following definitions shall be applicable in this article:
ADEQUATE
Adequate as determined by the Village Board or their designee(s), under the regulations of this article, or adequate as determined by an authority designated by law or this article. "Adequately" shall mean the same as "adequate."
[Amended 6-13-2022 by Ord. No. 22-03]
APPROVED
Approved by the Village Board or their designee(s), under the regulations of this article, or approved by an authority designated by law of this article.
[Amended 6-13-2022 by Ord. No. 22-03]
BUILDING
Any structure having a roof supported by columns or walls and intended for the shelter, support, enclosure or protection of persons, animals, or chattels; the term "building" shall be construed as if followed by the words "or portion thereof." For the purpose of this article, each portion of a building completely separated from other portions by an unpierced firewall shall be considered as a separate building.
DWELLING
A place of abode, a residence, or a house for use by one or more persons, excluding hotels or motels.
DWELLING UNIT
One or more rooms with provisions for living, cooking, sanitary, and sleeping facilities arranged for use by one or more persons.
EXTERMINATION
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.
INFESTATION
The sustained presence of household pests, vermin, or rodents.
LODGING HOUSE
A building where lodging only is provided for compensation for not more than three persons not members of the family.
OCCUPANT
One who occupies or has actual possession of any building.
OPERATOR
Any person who has charge or control of a building thereof in which dwelling units are located or let.
OWNER
Every person, firm, partnership, or any individual member thereof, corporation, business organization of any kind, the state, the county, the village, any sewer district, drainage district, and any other public or quasipublic corporation having vested interest in the property under consideration and shall include the representative, officer, agent, or other person having the ownership, control, custody, or management of any building.
PERSON
Includes any individual, firm, corporation, association, or partnership.
POLICE OFFICER or VILLAGE BOARD OR THEIR DESIGNEE(S)
Official(s) appointed to inspect properties for purposes of compliance with the Code.
[Amended 6-13-2022 by Ord. No. 22-03]
PROPERLY
As deemed proper by the Village Board or their designee(s), under the regulations of this article, or deemed proper by an authority designated by law or this article.
[Amended 6-13-2022 by Ord. No. 22-03]
RENTAL UNIT
Any dwelling unit not occupied by the owner and rented to a third party.
RESIDENTIAL BUILDING
(1) 
A building which is arranged, designed, used, or intended to be used for residential occupancy by one or more families or lodgers, and which includes, but is not limited to, the following types:
(a) 
Single-family dwellings.
(b) 
Two-family dwellings.
(c) 
Multiple-family dwellings (including apartment hotels).
(d) 
Lodging houses.
(2) 
For the purpose of this article, any building containing any of the above uses altogether with other uses shall be considered a residential building.
STRUCTURE
Anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having permanent location on the ground.
A. 
Purpose. The purpose of this section is to establish minimum standards for the maintenance of the exterior of all residential buildings and parts thereof and to obtain the public and private benefits accruing from the provision of such standards. Also, to ensure the safety of residents of the Village and assist in improving the esthetics of the Village making it more desirable place to live.
B. 
Minimum standards. No person shall occupy as owner or let to another for occupancy any space in a residential building for the purpose of living, sleeping, cooking, or eating therein which does not comply with the following requirements:
(1) 
Dwelling.
(a) 
Roof. The roof is to have no loose, damaged, deteriorated, and/or missing roof covering. Holes or other structural damage shall be repaired. Flashing shall be properly installed, secure, and free from deterioration.
(b) 
Chimney. The chimney shall be plumb and free of loose, damaged, or missing bricks. Loose or missing mortar between bricks shall be replaced.
(c) 
Walls. Loose, damaged, or missing siding or trim shall be replaced. Brick walls shall be free of damaged or missing bricks, and loose or deteriorated mortar joints.
(d) 
Windows. Cracked and broken windows and/or missing windowpanes shall be replaced. Boarded up windows shall be replaced.
(e) 
Doors. Exterior doors must fit into their frames.
(f) 
Steps. Loose, damaged, or missing bricks or deteriorated mortar joints shall be replaced on masonry foundations, risers, and wing walls. Severe spalling breaks and missing pieces of masonry treads and stoop shall be repaired or replaced. Wood steps shall be on an adequate foundation and properly attached to the porch or house. Stringers, risers, tread, and lattice shall be free of damage or deterioration. Handrails on all step units shall be free of deterioration and properly secured.
(g) 
Porch/decks. Damaged, deteriorated, or missing members of ceilings, floor, railing, support columns, and/or trim shall be repaired or replaced. Sagging or spongy floor and loose ceiling and floorboards shall be repaired or replaced. Deteriorated or separated sill boxboards shall be repaired or replaced.
(h) 
Foundation. Loose, damaged, or missing bricks, deteriorated mortar joints, and bowing of foundation walls are to be repaired or replaced. Openings in foundation walls for coal chutes, windows, electrical services, etc., shall be properly sealed.
(i) 
Window wells. Loose, damaged, or missing bricks, deteriorated mortar joints, and bowing of walls are to be repaired or replaced. Window wells are to be kept free of debris and litter. Drains are to be maintained and kept in working condition.
(j) 
Painted surfaces. All painted surfaces which are peeling, flaking, or blistering shall be scraped, primed, and painted.
(k) 
Electrical. House-to-garage service conductors must be properly installed and not sag. Insulation shall not be in a deteriorated condition. All electrical fixtures, switches, and receptacles shall be approved for exterior use, properly installed, and fully operational.
(l) 
Address. The property identification numbers must be displayed in accordance with Ch. 464, Streets and Sidewalks, § 464-16, Street numbers, of this Code.
(2) 
Garage.
(a) 
All garage walls shall be plumb and free of damaged, deteriorated, or missing siding and trim. All doors shall be operational and property installed. Windows shall be free of broken or severely cracked panes. Boarded up windows are not acceptable.
(b) 
Gutters and downspouts shall be properly installed, and free of damage, deteriorations, or leaks. The roof covering shall be the proper type for the pitch of the roof and be maintained in good condition. Rolled roofing is not acceptable for repairs on shingled roofs.
(3) 
Yard area.
(a) 
Fences. Fences shall be structurally sound and free of loose, damaged, or deteriorated members. Any areas with peeling or flaking paint shall be scraped, primed, and painted.
A. 
Purpose. The purpose of this section is to govern the minimum conditions for fire safety relating to structures and premises.
B. 
Responsibilities. The responsibility of owners, operators, and occupants of residential buildings is as follows:
(1) 
Every owner of a residential building containing more than two 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.
(2) 
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 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 residential building.
(3) 
Every owner of a residential building shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises. In all residential buildings except for single-family dwellings and owner-occupied two-family dwellings, extermination services shall be performed by a licensed exterminator.
(4) 
Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof.
(5) 
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 and complies with the requirements of this article.
(6) 
Every owner of a rental unit shall make available to the occupants the names of twox or more persons who may be called to arrange for emergency work. The names, with the telephone numbers, shall be posted in a conspicuous place readily accessible to the occupants. The names, with the telephone numbers, shall be revised periodically to maintain accurate information at all times.
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 and under provisions of § 66.0413, Wis. Stats., Razing buildings.
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 Village Board or their designee(s):
[Amended 6-13-2022 by Ord. No. 22-03]
(1) 
One that 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 heating, basic equipment, or sanitation facilities adequate to protect the health, safety, or welfare of the occupants or of the public.
B. 
Any dwelling, dwelling unit, building, or structure designated and placarded as unfit for human habitation and in need of repair by the Village Board or their designee(s) shall be vacated within such a reasonable time as is ordered by the Village Board or their designee(s).
[Amended 6-13-2022 by Ord. No. 22-03]
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 Village Board or their designee(s). The Village Board or their designee(s) shall remove such placard whenever the defect or defects upon which the designation and placarding action were based have been eliminated.
[Amended 6-13-2022 by Ord. No. 22-03]
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 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.
(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 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.
[Amended 6-13-2022 by Ord. No. 22-03]
A. 
Whenever a written complaint has been filed with the Village Clerk and the representatives of the Police Department or the Village Board or their designee(s) determines that there are reasonable grounds to believe that there has been a violation of any provision of this article or of any rule or regulation adopted pursuant thereto, a record shall be maintained for each inspection performed upon the complaint received, stating the name of the person making the complaint, the nature of the complaint, and any inspection conducted upon the complaint. A notice shall be given of such alleged violation to the person or persons responsible therefor as hereinafter provided.
(1) 
Such notice shall:
(a) 
Be in writing.
(b) 
Include a statement of the reasons why it is being issued.
(c) 
Allow 30 days for the performance of any act it requires.
(d) 
Be served upon the owner or his agent, or the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such owner or agent or upon such occupant if a copy thereof is served upon him personally; or if a copy thereof is sent by registered mail to his last-known address; or if a copy thereof is posted in a conspicuous place in or about the dwelling or dwelling unit affected by the notice; or if he is served with such notice by any other method authorized or required under the laws of this state.
(2) 
The above notice may contain an outline of remedial action which, if taken, will affect compliance with the provisions of this article and with rules and regulations adopted pursuant thereto.
B. 
Whenever there has been notice of a violation issued to the owner, the agent of any owner, or the occupant of the property which is in violation of this article, no further notice shall be necessary for any reoccurrence of the violation prior to the commencement of any forfeiture action or prior to seeking an injunction in a court of record.
C. 
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this article or of any rule or regulations adopted pursuant thereto may request and shall be granted a review to reconsider the matter by the Village Board or their designee(s), provided that such person shall file with the Village Clerk a written petition setting forth a brief statement regarding the basis for requesting such notice to be modified or withdrawn. The Village Board or their designee(s) shall, within 14 days after the day on which the petition was filed, sustain, modify, or withdraw the notice, depending upon his findings as to whether the provisions of this article and of the rules and regulations adopted pursuant thereto have been complied with. If the Village Board or their designee(s) sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to this article shall automatically become an order if a written petition for reconsideration is not filed in the office of the Village Board or their designee(s) within 14 days after such notice is served.
D. 
The findings and decision of the representatives of the Police Department or the Village Board or their designee(s) shall be summarized, reduced to writing, and entered as a matter of public record. Such record shall also include a copy of every notice or order issued in connection with this matter.
E. 
Determinations of the representatives of the Police Department or the Village Board or their designee(s) under this section may be appealed to the Zoning Board of Appeals using the procedures prescribed in § 595-121, Appeal procedure; powers of Zoning Board of Appeals, of this Code.
F. 
Whenever the representatives of the Police Department or the Village Board or their designee(s) finds that an emergency exists which requires immediate action to protect the public health, safety, or welfare, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this section, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the representatives of the Police Department or the Village Board or their designee(s) shall be afforded a hearing as soon as possible. After such hearing, depending upon his findings as to whether the provisions of this section and of the rules and regulations adopted pursuant thereto have been complied with, the representatives of the Police Department or the Village Board or their designee(s) shall continue such order in effect, modify it, or revoke it.
In any case where a provision of this article is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or code of this Village, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of this article is found to be in conflict with a provision of any other ordinance or code of this Village which establishes a lower standard for the promotion and protection of the health and safety of the people, the provisions of this article shall prevail, and such other ordinances or codes are hereby declared to be repealed to the extent that they may be found in conflict with this article.
Any person who shall violate any provision of this article or any order, rule or regulation made hereunder shall be subject to forfeiture as provided in § 1-4, Violations and penalties, of this Code, provided failure to correct a correctable condition within the time specified shall constitute a separate violation.
The Village Board shall establish from time to time by resolution fees for the initial and follow-up inspections or to recover any costs incurred as a result of this article.