A. 
This chapter shall be known, referred to, and cited as the "Property Maintenance Code of the City of Onalaska."
A. 
The intent of this chapter is to ensure public health, safety, and welfare to the degree that they are affected by the occupancy and maintenance of structures and premises. It is also the intent of this section to help prevent the continuation, extension, and aggravation of blight in Onalaska. This chapter is enacted pursuant to the authorization contained in § 62.23, Wis. Stats. and applies to all structures and premises in the City of Onalaska. The provisions of this chapter shall not limit the authority of the City or other applicable jurisdictions to abate problems on improperly maintained and unsafe structures or premises pursuant to other applicable laws.
A. 
In their interpretation and application, the provisions of this chapter shall be held to the minimum requirements for the promotion and protection of the public health, safety, morals, and general welfare. Where the conditions imposed by any provisions of this chapter are either more or less restrictive than comparable standards imposed by any other provisions of this chapter or of any other applicable law, code, ordinance, resolution, rule, or regulation of any kind, the regulation that is more restrictive or that imposes higher standards or requirements shall govern.
A. 
The provisions of this chapter are severable. If any provision, section, subsection, sentence, clause, phrase or portion of this Property Maintenance Code is found to be unlawful or unenforceable, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. If any part of this chapter is found to be in conflict with any other chapter or with any other part of this chapter, the most restrictive or highest standard shall prevail. If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, such judgment shall not affect any other provision of this chapter not specifically included in said judgment; and if any court or competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, building, or structure, such judgment shall not affect the application of said provision to any other property, building, or structure not specifically included in said judgment.
A. 
The responsible person, as defined herein, shall maintain their structures and premises in compliance with this chapter. The responsible person is the property owner of record according to the La Crosse County Land Records System. A person shall not occupy, or permit another person to occupy, a structure or premises that does not comply with the provisions of this chapter. Occupants, including owner occupants and tenants, of a structure or premises are responsible for caring for and maintaining that part of the structure or premises that they occupy or control. All responsible persons shall be jointly and severally responsible for securing compliance of their structure or premises with this chapter.
A. 
Person authorized to conduct inspections. Agents of the City authorized to conduct inspections pursuant to this section shall include the Planning Department, Inspection Department, Police Department, Fire Department, Public Works Department and/or other authorized agents.
B. 
Inspections with consent. Authorized agents of the City, upon display of proper identification and the consent of the owner, owner's agent, occupant, or other responsible person, may enter any structure or premises (locked or unlocked) at any reasonable time to determine whether said structures or premises comply with the provisions of this chapter. No person shall obstruct or resist any authorized agent of the City acting in their official capacity and with lawful authority.
C. 
Special inspection warrant. The provisions of this chapter shall not be construed to allow an authorized agent of the City to inspect structures or premises without the consent of the owner, owner's agent, occupant, or other responsible person. If said person refuses to permit an inspection, an authorized agent of the City may apply to a court for a warrant to inspect the structure and premises pursuant to § 66.0119, Wis. Stats. In cases of emergency, a special inspection warrant shall not be required.
D. 
Access by owner or operator. The provisions of this section shall not restrict the owner, owner's agent, or other responsible person lawful access to structures or premises for the purpose of inspecting, maintaining, repairing, or altering the structure or premises as necessary to comply with the provisions of this chapter.
E. 
Confidentiality of complaints. In the event that the City receives a complaint regarding the maintenance of a structure or premises, the City may request contact information of the complainant. However, the City shall endeavor to keep the identity of all complainants confidential unless a complainant desires their name to be revealed. The City shall reveal a complainant's identity if so ordered by a court or required by law and/or as required in Chapter 3 of Title 3, Public Records,[1] of the City of Onalaska Code of Ordinances.
[1]
Editor's Note: So in original.
F. 
Inspections resulting from anonymous complaints. Anonymous complaints shall not cause the City to inspect the interior of a structure unless there is reason to believe there is immediate and grave danger to the occupants of the structure or to the occupants of structures on adjacent properties.
A. 
Penalties. If any responsible person, as defined herein, fails to comply with any provision of this chapter, a citation will be issued to the responsible person for the violation. The violation shall be referred to the City Attorney, who shall expeditiously prosecute all such violators. A violator shall, upon conviction, pay to the City a penalty of not less than $50 nor more than $1,000 per offense, together with the taxable costs of such action, plus reasonable attorneys' fees. Each day of continued violation shall constitute a separate offense. Every violation of this chapter is a public nuisance and the creation may be enjoined and the maintenance may be abated by action at suit of the City, the State of Wisconsin, or any citizen thereof. Any subsequent and similar violations of this chapter within a twenty-six-month period shall be considered a continued offense and as such may cause the usual penalty to double for each subsequent and continued offense up to the maximum allowed by this section.
B. 
Responsible person's liability to City for costs of correction of violation.
1. 
Notification of failure to maintain property. An authorized agent of the City shall serve written correction orders upon the owner, the owner's agent, or other responsible person, by certified mail or by delivering the order to them personally. In the event that the owner, their agent, or other responsible person cannot be found, an authorized agent of the City shall do one or more of the following:
a. 
Deliver and describe the written correction order to a person of suitable age and discretion at the owner's or owner's agent's regular place of abode; and/or
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Post the written correction in a conspicuous place on the structure or property affected by the order.
2. 
Collection of costs incurred by the City. If any owner, owner's agent, or other responsible person fails to comply with this chapter; and after written notice given by an authorized agent of the City as described in the foregoing subsection, has not complied with the correction orders within the time specified in the written notice, the City may cause such maintenance to be performed. The City Treasurer or other authorized agent shall certify to the County Treasurer of La Crosse County a statement of the cost incurred by the City to correct the deficiencies. Costs will include all expenses incurred associated with bringing the property into compliance with this chapter, including but not limited to administrative and clerical costs, notification and publication fees, equipment charges, tipping fees, contractor fees, and other related expenses. The cost thereof shall be a lien upon such real estate and shall be a personal liability of the owner of said real estate, collectable as any other money judgment. Such amount, together with interest, shall be entered as a special assessment against such lot or parcel of land and may be collected in the same manner as real estate taxes.
C. 
Enforcement of other ordinances and codes. The provisions in this chapter are intended to be coordinated with the enforcement of other City ordinances and codes, including the adopted Building Code.
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Structures may be raised pursuant to § 66.0413, Wis. Stats., and the provisions set forth in the City of Onalaska Building Code.