City of Onalaska, WI Regulation

Vacant building permit. The owner of a vacant building or structure subject to this code shall obtain a vacant building permit for the period during which it is vacant. When a building or structure becomes vacant, as defined by this chapter, for the period of time greater than allowed under Section 12.03.22, the owner of the building or structure shall apply for and obtain an annual vacant building permit. Upon the expiration of a vacant building permit, if the building or structure is still vacant, the owner shall arrange for an inspection of the building and premises with the Code Official pursuant to Section 12.03.42, and renew the permit within 15 days of expiration in the same manner as the expired permit. All renewed permits shall be subject to all conditions and obligations imposed by this chapter.

Code compliance. The owner of a vacant building or structure shall comply with all building, fire, property maintenance, UDC, and other applicable codes or ordinances and shall apply for all necessary building, fire prevention and zoning permits upon application for a vacant building permit.

Waste removal. The owner of a vacant building or structure shall immediately remove all waste from the interior of the structure. The owner of a vacant building or structure shall also immediately remove any waste, debris or excessive vegetation from the exterior premises surrounding the vacant building or structure in accordance with the vacant building maintenance standards of this chapter and the Code of Ordinances.

Owner's responsibility. The owner of a vacant building or structure shall immediately lock, barricade or secure all doors, windows and other openings in the building or structure to prohibit entry by unauthorized persons in accordance with the vacant building maintenance standards of this code. If the owner does not reside within the state, the owner shall provide to the Code Official the name, address and telephone number of an agent who is available for service of process within the State of Wisconsin. The owner shall provide to the Code Official the name, address and telephone number of a manager who is a natural person who is available for contact by the Code Official at all times for emergency repairs and maintenance and who will respond to the vacant building or structure when required by the Code Official. The agent and manager may be the same person, and/or either may be a responsible person. The owner shall notify the Code Official within 30 business days of any changes to the name, address or telephone number of the agent or manager.

Owner's obligations continuous through term of vacancy. The obligations of owners of a vacant building or structure are continuing obligations which are effective throughout the time of vacancy, as that term is defined in this code.

Permit application. Application by the owner of a vacant building or structure for a vacant building permit shall be made on a form provided by the Planning Department. Applicants shall disclose all measures to be taken to ensure that the building will be kept weathertight, secure from trespassers and safe for entry by law enforcement officers and firefighters in times of exigent circumstances or emergency. The application shall include, but not be limited to, the following:

Contact information for each owner. If the owner is other than a natural person or persons, the following shall apply, as appropriate:

If the owner is a corporation, limited liability company, limited or liability partnership, the registration statement shall provide the names and residence addresses of all responsible persons and the name and business address of the registered agent for service of process appointed pursuant to Wisconsin State Statutes.

If an estate, the name and business address of the personal representative of the estate.

If a trust, the names and addresses of the trustee or trustees.

If a partnership, the names and residence addresses of the partner or partners.

If another form of unincorporated association, the name and residence address of a responsible person.

If an individual person, the name and residence address of that individual person.

Any rehabilitation or demolition plans.

An acknowledgment by the owner that grass and weeds shall not exceed a height of eight inches and that snow and ice shall be removed from the public right-of-way within 24 hours of a snowfall.

Inspection of premises.

Purpose. The Code Official, or their designee, may inspect vacant buildings to determine the structural integrity of the building, the repairs necessary to maintain structural integrity, to determine what repair actions must be undertaken to maintain the premises safe for entry of law enforcement officers and firefighters in times of exigent circumstances or emergency, that the building and its contents do not present an imminent hazard to the public during the time that the building remains vacant, and that the building and structure are in compliance with the vacant building maintenance standards.

Inspector. The Code Official, or their designee, may conduct inspections made pursuant to the provisions of this Vacant Building Code in conjunction with other officials of the City, law enforcement officers, firefighters, or inspectors from other governmental bodies.

Types of inspections:

Code Official-directed.

Implied consent. Any owner of a building which is either the subject of a vacant building permit or an application filed by a responsible person, for a vacant building permit, is deemed to have given consent to inspections of the building.

ii.

Reinspections. At any time subsequent to the issuance of an order to repair, the Code Official may conduct reinspections to determine compliance with the order to repair. Such reinspections will be conducted only after a reasonable time has been afforded to a responsible party to comply with portions of the order. Reinspections are subject to reinspection fees under Section 12.02.51.

iii.

Emergency inspections/emergency repairs. If, at any time, the Code Official has reason to believe than an emergency situation exists with respect to the building which tends to create an imminent hazard to health, welfare or safety of the general public, the Code Official may enter the building to inspect the premises without notifying the responsible party or obtaining a warrant. If the Code Official finds an emergency situation exists in fact which presents an imminent hazard to the health, welfare or safety of the general public, the maintenance of which, until such time as the responsible party could conduct the repairs, would be unreasonable, the Code Official may cause any reasonable action, including the employment of necessary labor and materials, to perform emergency repairs. Costs incurred in the performance of emergency repairs shall be paid by the City, and the Code Official shall recover the costs through special assessments levied against the benefited property. A $100 administrative fee for processing and administering the special assessment shall be added to the special assessment against the benefited property.

iv.

Inspections made pursuant to a special inspection warrant. If any responsible party takes any action contrary to the implied consent given by the owner in Section 12.02.42.B.3.a.i, above, the owner hereby consents to the issuance of a special inspection warrant by a judge of a court of competent jurisdiction, pursuant to § 66.0119, Wis. Stats., or any successor thereof. Any interior inspection made pursuant to a special inspection warrant shall be deemed a reinspection for the purpose of imposition of fees pursuant to Section 12.03.51.

Responsible party requests for inspection. Requests from responsible parties for inspections of buildings which are both subject to a vacant building permit and are under the control of the requesting responsible party.

Issuance of orders to repair. The Code Official, upon inspection, shall issue orders to repair for work needed to:

Adequately protect the building from intrusion by trespassers and from deterioration by the weather in accordance with the vacant building maintenance standards set forth in this chapter; and

Ensure that allowing the building to remain will not be detrimental to the public health, safety and welfare, will not unreasonably interfere with the reasonable and lawful use and enjoyment of other premises within the neighborhood and will not pose an extraordinary hazard to law enforcement officers or firefighters entering the premises in times of emergency. When issuing such orders, the Code Official shall specify the time for completion of the work. All work done pursuant to this section shall be done in compliance with the applicable building, fire, property maintenance, UDC, and other ordinances.

Issuance of vacant building permit. The Code Official shall issue a vacant building permit upon being satisfied that the building has been inspected and is in compliance with the vacant building maintenance standards set forth in this Vacant Building Code and is adequately protected from intrusion by trespassers and from deterioration by the weather. This permit shall be effective for a period of 365 days.

Vacant building maintenance standards. A vacant building or structure shall be deemed adequately protected from intrusion by trespassers and from deterioration by the weather if it satisfies the following vacant building maintenance standards:

Building openings. Doors, windows, areaways, and other openings shall be weathertight and secured against entry by birds, vermin and trespassers. Missing or broken glass in doors, windows and other such openings shall be repaired/replaced with glass. No building opening shall be boarded. All first-floor or ground-level windows, doors and openings shall be free of any posters, paper or fabric coverings.

Roofs. The roof and flashings shall be sound and tight, not admit moisture, or have defects which might admit moisture, rain or roof draining; and allow for drainage to prevent dampness or deterioration in the interior walls or interior of the building.

Drainage. The building storm drainage system shall be functional and installed in an approved manner and allow discharge in an approved manner.

Building structure. The building shall be maintained in good repair, structurally sound, and free from debris, rubbish and garbage. The building shall be maintained in a sanitary manner and in a manner that does not pose a threat to the public health, safety and welfare.

Structural members. The structural members shall be free of deterioration and capable of safely bearing imposed dead and live loads.

Foundation walls. The foundation walls shall be maintained structurally sound and in a sanitary condition so as not to pose a threat to the public health, safety and welfare, shall be capable of supporting the load which normal use may cause to be placed thereon, and shall be free from open cracks and breaks, free from leaks, and be animal- and rat-proof.

Exterior walls. The exterior walls shall be free of holes, breaks, and loose or rotting materials. Exposed metal, wood, or other surfaces shall be protected from the elements and against decay or rust by periodic applications of weather-coating materials, such as paint or similar surface treatment.

Decorative features. The cornices, belt courses, corbels, terra-cotta trim, wall facings and similar decorative features shall be safe, anchored and in good repair. Exposed metal, wood or other surfaces shall be protected from the elements and against decay or rust by periodic applications of weather-coating materials, such as paint or similar surface treatment.

Overhanging extensions. All balconies, canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts and similar features shall be in good repair, anchored, safe and sound. Exposed metal and wood surfaces shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.

10.

Chimneys and towers. Chimneys, cooling towers, smokestacks and similar appurtenances shall be structurally safe and in good repair. Exposed metal and wood surfaces shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.

11.

Walkways. Public walkways shall be in good repair, shall be safe for pedestrian travel, and shall be free of snow and ice. Snow and ice removal shall be completed within 24 hours of a snowfall.

12.

Accessory building/structures. Accessory buildings/structures such as garages, sheds and fences shall be free from safety, health and fire hazards; and, shall comply with these vacant building maintenance standards.

13.

Exterior premises. The premises upon which the structure or building is located shall be clean, safe, sanitary, free from waste, rubbish, garbage, excessive vegetation, exterior storage, and shall not pose a threat to the public health, welfare or safety.