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.
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:
(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.