[Added 7-18-2019]
A.
It is
hereby found and declared that premises exist within the Village of
Mishicot which are blighted because there exist thereon blighted buildings
or other structures, either occupied or unoccupied by human beings,
and such buildings or other structures are blighted because faulty
design or construction, or failure to keep them in a proper state
of repair, or lack of proper sanitary facilities, or lack of adequate
lighting or ventilation, or inability to properly heat, or improper
management, or any combination of these factors has resulted in such
buildings or structures becoming so deteriorated, so dilapidated,
so neglected, so overcrowded with occupants, or so unsanitary as to
jeopardize or be detrimental to the health, safety, morals, or welfare
of the people of the Village.
B.
It is
hereby further found and declared that such blighted premises and
such blighted buildings or other structures contribute to the development
of, or increase in, disease, infant mortality, crime and juvenile
delinquency; that conditions existing on such blighted premises are
dangerous to the public health, safety, morals, and general welfare
of the people; that conditions existing on such blighted premises
necessitate excessive and disproportionate expenditure of public funds
for public health, public safety, crime prevention, fire protection,
and other public services; and that the conditions existing on such
blighted premises cause a drain upon public revenue and impair the
efficient and economical exercise of governmental functions in such
areas.
C.
It is
hereby further found and declared that the elimination of blighted
premises and the prevention of occurrence of blighted premises in
the future is in the best interests of the citizens of this Village,
of the State of Wisconsin, and of the entire United States, and that
the accomplishment of this end will be fostered and encouraged by
the enactment and enforcement of this article.
D.
The enactment
and enforcement of this article is hereby declared to be essential
to the public interest, and it is intended that this article be liberally
construed to effectuate the purposes as stated heretofore in this
section.
A.
APPROVED
BASEMENT
BATHROOM
BEDROOM
CELLAR
CLASS TWO DWELLING
(1)
(2)
COMMUNAL
DINING ROOM
DWELLING
DWELLING UNIT
EXTERMINATION
FAMILY
GARBAGE
GROUND FLOOR
HABITABLE ROOM
HOTEL
INFESTATION
KITCHEN
KITCHEN SINK
LAVATORY BASIN
LIVING ROOM
MULTIPLE DWELLING
OCCUPANT
OPERATOR
OWNER
(1)
(2)
PERSON
PLUMBING
PREMISES
ROOMER
ROOMING HOUSE
(1)
(2)
ROOMING UNIT
RUBBISH
SUPPLIED
TEMPORARY HOUSING
TOILET
The following definitions shall only apply in the interpretation
and enforcement of this article:
Approved by or in accordance with regulations established
by the Village Board.
A portion of a building below the first floor or ground floor
with its entire floor below grade.
A room containing a bathtub and/or shower stall, often a
wash basin, properly connected with both hot and cold water, and a
toilet.
A habitable room within a dwelling unit which is used, or
intended to be used, primarily for the purpose of sleeping, with a
door to ensure privacy, natural light and ventilation, but shall not
include any kitchen or dining room.
A portion of a building located partly or wholly underground
used especially for storage or refuge.
Any multiple dwelling which contains three or more dwelling
units.
CLASS TWO DWELLINGTYPE I — A Class Two dwelling which contains three or four dwelling units.
CLASS TWO DWELLINGTYPE II — A Class Two dwelling which contains five or more dwelling units.
Used or shared by, or intended to be used or shared by, the
occupants of two or more rooming units or two or more dwelling units.
A habitable room used or intended to be used for the purpose
of eating but not for cooking or the preparation of meals.
Any building or structure, except temporary housing, which
is wholly or partly used or intended to be used for living or sleeping
by human occupants and includes any appurtenances attached thereto.
Any habitable room or group of adjoining habitable rooms
located within a dwelling and forming a single unit with facilities
which are used or intended to be used for living, sleeping, cooking,
and eating of meals.
The control and elimination of insects, rodents, or other
pests by eliminating their harborage places; by removing or making
inaccessible materials that may serve as their food; by poisoning,
spraying, fumigating, or trapping; or by any other approved pest elimination
methods.
One adult occupant plus one or more persons who are legally
related by blood, marriage, adoption, or legal guardianship to said
occupant, as husband or wife, son or daughter, mother or father, mother-in-law
or father-in-law.
Animal and vegetable waste resulting from the handling, preparation,
cooking, or consumption of food, and shall also mean combustible waste
material or trash. The term shall also include paper, rags, cartons,
boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings
and other combustible materials.
That level of a dwelling, below the first floor, located
on a site with a sloping or multilevel grade which has a portion of
its floor line at grade.
A room or enclosed floor space used or intended to be used
for living, sleeping, or dining purposes, excluding such enclosed
places as kitchens, bathrooms, toilet rooms, laundries, pantries,
foyers, communicating corridors, closets, storage spaces, utility
rooms, and similar spaces.
Any dwelling wherein sleeping accommodations are offered
for compensation to transients in five or more rooms. It does not
include rooming houses.
The presence of any insects, rodents, or other pests within
a dwelling or on the dwelling premises.
An area used or intended to be used for cooking or the preparation
of meals.
A sink of a size and design adequate for the purpose of washing
eating and drinking utensils, located in a kitchen, properly connected
with a hot and cold water line.
A hand-washing basin which is properly connected with both
hot and cold water lines and which is separate and distinct from a
kitchen sink.
A habitable room within a dwelling unit which is used, or
intended to be used, primarily for general living purposes.
Any dwelling containing three or more attached dwelling units.
Any person over one year of age, including an owner or operator,
living, sleeping, or cooking in or having actual possession of a dwelling,
dwelling unit, or rooming unit.
Any person who rents to another or others or who has charge,
care, or control of a building or part thereof in which dwelling units
or rooming units are let, or who has charge, care or control of any
premises upon which no structures have been erected or upon which
non-dwelling structures are present.
Any person who, alone or jointly or severally with others:
Shall have legal title or equitable title to any premises upon
which no structures have been erected or upon which non-dwelling structures
are present or has legal or equitable title to any dwelling, dwelling
unit, or rooming unit; or
Shall have charge, care or control of premises upon which no
structures have been erected or upon which non-dwelling structures
are present or has charge, care or control of any dwelling, dwelling
unit, or rooming unit as executor, executrix, administrator, administratrix,
trustee or guardian of the estate of the owner.
Includes any individual, firm, corporation, association,
company, partnership, or organization of any kind.
Includes all of the following facilities and equipment per
Wis. Stats. § 145.01(10): to include, but not limited to,
water pipes, garbage disposal units, waste pipes, toilets, sinks,
installed dishwashers, lavatories, baths, catch basins, drains, vents,
hot water heaters, and any other similar fixtures, together with all
connections to water and sewer lines.
A platted lot or part thereof or unplatted lot or parcel
of land or plot of land, either occupied or unoccupied by any dwelling
or non-dwelling structure.
An occupant of a rooming house who is not a member of the
family of the operator of that rooming house, and shall also mean
an occupant of a dwelling unit who is not a member of the family occupying
the dwelling unit.
Any dwelling, or that part of any dwelling, containing one
or more rooming units, in which space is let by the owner or operator
to three or more roomers, and shall also mean any dwelling in which
a total of two roomers share a toilet or bath with the occupants of
a two-family dwelling.
ROOMING HOUSE TYPE IA rooming house in which space is let to more than two but fewer than nine roomers, and shall also mean any dwelling in which a total of two roomers share a toilet or bath with the occupants of a two-family dwelling.
ROOMING HOUSE TYPE IIA rooming house in which space is let to nine or more roomers.
Any room or group of rooms forming a single habitable unit
in a rooming house used or intended to be used for living and sleeping,
but not for cooking or eating of meals.
Noncombustible waste material, and the term shall include
the residue from the burning of wood, coal or coke, tin cans, metals,
mineral matter, glass, crockery, dust and other noncombustible materials.
Paid for, furnished, provided by, or under the control of
the owner or operator.
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 to any utility system on the
same premises for more than 30 days in a twelve-month period.
A water closet, with a bowl and trap made in one piece which
is of such shape and form and which holds a sufficient quantity of
water so that no fecal matter will collect on the surface of the bowl
and which is equipped with flushing rims which permit the bowl to
be properly flushed and scoured when water is discharged through the
flushing rims.
B.
Meaning of certain words. Whenever the words "dwelling," "dwelling
unit," "rooming house," "rooming unit," "hotel" and "premises" are
used in this article, they shall be construed as though they were
followed by the words "or any part thereof."
A.
Inspection by Mishicot Police Department. The Mishicot Police Department
shall make inspections to determine the condition of dwellings, dwelling
units, rooming units, and premises located within the Village of Mishicot,
in order that it may perform its duty of safeguarding the health and
welfare of the occupants of dwellings and of the general public.
B.
Access by owner or operator. Every occupant of a dwelling, dwelling
unit, or rooming unit shall give the owner or operator thereof, or
his/her agent or employee, access to any part of such dwelling, dwelling
unit, rooming unit, or its premises, at all reasonable times, for
the purpose of effecting such maintenance, making such repairs or
making such alterations as are necessary to effect compliance with
the provisions of this article or with any lawful rule or regulation
adopted or any lawful notice or order issued pursuant to the provisions
of this article.
A.
Service of notices. Whenever the Mishicot Police Department determines
that there has been a violation, or 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, the
inspector shall give notice of such violation or alleged violation
to the person or persons responsible therefor.
(1)
Such
notice shall:
(a)
Be written.
(b)
Include a description of the real estate sufficient for identification.
(c)
Include a statement of the reason or reasons why it is being
issued.
(d)
Allow a reasonable time for the performance of any act it requires.
(e)
Be served upon the owner, or the operator, or the occupant,
as the case may require, provided that such notice shall be deemed
to be properly served upon such owner, or upon such operator, or upon
such occupant, if a copy thereof is delivered to him/her personally
or, if not found, by leaving a copy thereof at his/her usual place
of abode, in the presence of someone of the family of suitable age
and discretion who shall be informed of the content thereof, or by
sending a copy thereof by mail, or by certified mail, with return
receipt requested, to his/her last known address, or, if the letter
with the copy is returned with a receipt showing it has not been delivered
to him/her, by posting a copy thereof in a conspicuous place in or
about the dwelling affected by the notice.
(2)
Such
notice may contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this article and with
rules and regulations adopted pursuant thereto.
B.
Petition for hearing ; opportunity to be heard; order if no petition.
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 regulation adopted pursuant thereto, may request and shall be granted
a hearing on the matter before the Village Board, provided that such
person shall file in the office of the Village Clerk-Treasurer a written
petition requesting such hearing and setting forth a statement of
the grounds therefor within 20 days after the day the notice was served.
Such written petition shall be accompanied by a filing fee in the
amount set by the Village Board. Within 10 days of receipt of such
petition, the Village Clerk-Treasurer shall set a time and place for
such hearing and shall give the petitioner written notice thereof
and an opportunity to be heard and to show cause why such notice should
be modified or withdrawn. The hearing before the Village Board shall
be commenced not later than 30 days after the date on which the petition
was filed, provided that, upon written application of the petitioner
to the Village Clerk-Treasurer, the Village Board may postpone the
date of the hearing for a reasonable time beyond such thirty-day period
if in the Village Board's judgment the petitioner has submitted to
such Board a good and sufficient reason for such postponement. Any
notice served pursuant to this section shall automatically become
an order if a written petition for a hearing is not filed in the office
of the Village Clerk-Treasurer within 20 days after such notice is
served. Any license which has been suspended by a notice shall be
deemed to be automatically revoked if a petition for a hearing is
not filed in the office of the Village Clerk-Treasurer within 20 days
after such notice is served. The Village Board shall have the power
to administer oaths and affirmations in connection with the conducting
of any hearing held in accordance with the provisions of this article.
[Amended 12-21-2021 by Ord. No. 12-21-2021]
C.
Village Board to sustain, modify or withdraw notices. After such
hearing the Village Board shall sustain, modify, or withdraw the notice,
depending upon its finding as to whether the provisions of this article
and of the rules and regulations adopted pursuant thereto have been
complied with. The Village Board may also modify any notice so as
to authorize a variance from the provisions of this article when,
because of special conditions, a literal enforcement of the provisions
of this article will result in practical difficulty or unnecessary
hardship, provided that the spirit of this article will be observed,
public health and welfare secured, and substantial justice done. If
the Village Board sustains or modifies such notice it shall be deemed
to be an order, and the owner, operator, or occupant, as the case
may require, shall comply with all provisions of such order within
a reasonable period of time, as determined by said Village Board.
After a hearing in the case of any notice suspending any permit required
by this article, when such notice has been sustained by the Village
Board, the permit shall be deemed to have been revoked.
[Amended 12-21-2021 by Ord. No. 12-21-2021]
D.
Review by Circuit Court by certiorari. The proceedings at such hearing, including the findings and decision of the Village Board, shall be reduced to writing and entered as a matter of public record in the office of the Mishicot Police Department. Such record shall also include a copy of every notice or order issued in connection with the matter. A copy of the written decision of the Village Board shall then be served in the manner prescribed under Subsection A(1)(e) of this section on the person who filed the petition for hearing. Any person or persons, jointly or severally, aggrieved by the decision of the Village Board, or any taxpayer, or any officer, department, board or bureau of the municipality, may seek relief therefrom by having the decision reviewed by the Circuit Court by certiorari, if the petition for the writ is presented to the Court within 30 days after the date on which the Village Board's decision was served on the person who filed the petition for hearing, and if the person aggrieved notifies the Village Board within 10 days after the Village Board's decision was served on him/her of his/her intention to present such petition to the Court. Such petition, duly verified, shall set forth that such decision is illegal, in whole or in part, or does not comply with the provisions of this section, specifying the grounds thereof.
[Amended 12-21-2021 by Ord. No. 12-21-2021]
E.
Issuance of subpoenas. Upon application of either the officer executing
the notice on behalf of the Village Board or the person or persons
against whom the notice has been issued, the Village Board shall issue
subpoenas in accordance with the statutes of the State of Wisconsin,
ordering witnesses to appear and testify under oath at the hearing
held before the Village Board.
[Amended 12-21-2021 by Ord. No. 12-21-2021]
F.
Issuance of order when emergency exists. Whenever the Village Board finds that an emergency exists which requires immediate action to protect the public health, the Village Board may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as the Village Board deems necessary to meet the emergency. Notwithstanding the other provisions of this article, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Village Board shall be afforded a hearing in the manner prescribed in this section. After such hearing, depending upon whether the findings of the Village Board adopted pursuant thereto have been complied with, the Village Board shall continue such order in effect, or modify it, or revoke it. Notwithstanding the other provisions of this article, every notice served by the Mishicot Police Department in accordance with the provisions of §§ 268-30F and G, 268-34B, D and E, and 268-35N and O of this article shall be regarded as an order and the provisions of Subsection B of this section shall not be applicable in such cases.
[Amended 12-21-2021 by Ord. No. 12-21-2021]
The Mishicot Police Department is hereby authorized and empowered
to make and adopt written rules and regulations necessary for the
proper enforcement of the provisions of this article. Such rules and
regulations shall be submitted by said Mishicot Police Department
to the Village Board and, if approved by a vote of a majority of the
members thereof, shall have the same force and effect as the provisions
of this article, and the penalty for violation thereof shall be the
same as the penalty for violation of the provisions of this article,
as hereinafter provided. A copy of such rules and regulations shall
be kept on file in the Village Clerk-Treasurer's office.
No person shall occupy as owner-occupant, or let to another
for occupancy, any dwelling or dwelling unit, for the purpose of living,
sleeping, cooking, and/or eating of meals therein, which does not
comply with the following minimum requirements:
A.
Kitchen sink required. Every dwelling unit shall contain an approved
kitchen sink.
B.
Toilet required. Every dwelling unit shall contain a toilet.
C.
Bathroom required. Every dwelling shall contain a bathtub and/or
shower.
D.
Lavatory basin required. Every dwelling unit shall contain a lavatory
basin.
E.
Privacy in a room containing toilet and bath. Every toilet and every
bath shall be contained within a room or within separate rooms which
afford privacy to a person within said room or rooms.
F.
Water heating facilities required. Every kitchen sink, bath and lavatory basin required in accordance with the provisions of this article shall be supplied with hot water by supplied water heating facilities. Every supplied hot water heating facility shall be properly connected with hot water lines required under the provisions of this article and shall be capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every kitchen sink, bath and lavatory basin required under the provisions of this article at a temperature of not less than 100° F. Such supplied hot water heating facilities shall be capable of meeting the requirements of this subsection when the dwelling or dwelling unit heating facilities required under the provisions of § 268-31E of this article are not in operation.
G.
Connection of sanitary facilities to water and sewer system. Every
kitchen sink, toilet, lavatory basin, and bath shall be in reasonably
good working condition and properly connected to an approved water
and sewer system.
H.
Rubbish storage facilities. The owner of any dwelling unit or units
shall supply the occupants of the dwelling unit or units with adequate
approved rubbish/recyclable storage facilities whose type and location
shall be available for the occupants' use.
I.
Garbage storage or disposal facilities. The owner of any dwelling
unit or units shall supply the occupants of the dwelling unit or units
with adequate garbage facilities or approved garbage storage containers
whose type and location are available for the occupants' use.
J.
Exits. Every exit from every dwelling or dwelling unit shall comply
with the following requirements:
(1)
Shall be kept in a reasonably good state of repair.
(2)
Shall be unobstructed at all times.
(3)
All stairs of more than three risers shall be provided with at least
one handrail for the full length of the stairs. Handrails shall be
provided on all open sides of stairs consisting of more than three
risers.
(4)
All handrails shall be at least 30 inches, but no more than 38 inches,
vertically above the nosing of the treads. Guardrails shall be located
not less than 36 inches above all openings between floors and open
sides of landings, platforms, balconies, or porches that are more
than 24 inches above grade or a floor.
(5)
Exits shall be provided to meet requirements of local and state building
codes.
No person shall occupy as owner-occupant or let to another for
occupancy any dwelling or dwelling unit, for the purpose of living
therein, which does not comply with the following requirements:
A.
Required window area. Every habitable room shall be provided with
natural light by means of glazed openings per § SPS 321.05(1),
Wis. Adm. Code.
B.
Adequate ventilation required. Every habitable room shall be provided
with natural ventilation per § SPS 321.05(2), Wis. Adm.
Code.
C.
Ventilation requirements for bathrooms and toilet rooms. Every bathroom
and toilet room shall comply with the ventilation requirements contained
in the Wisconsin Uniform Dwelling Code (UDC), § SPS 323.02(3)(d),
Wis. Adm. Code.
D.
Electric outlets required. Where there is electric service available
in existing dwellings now supplied with electrical service, every
habitable room, kitchen, and rooming unit within such dwelling shall
contain at least three separate and remote floor- or wall-type electric
convenience receptacles and one ceiling- or wall-type fixture or switched
wall receptacle with a switch at the point of entry to the room. If
a room has more than one point of entry, three-way switches shall
be installed to provide a switch at each entrance to the room. A toilet
room, bathroom and/or laundry room shall contain at least one remote
floor- or wall-type convenience receptacle. Every basement room, hallway,
storage room, and exit door shall have a ceiling or wall fixture or
fixtures to ensure adequate illumination for these areas. Every such
receptacle, switch and fixture shall be maintained in reasonably good
working condition and shall be installed according to applicable electrical
codes. If alterations are made to existing structures which would
result in the removal of lath/plaster or drywall or opening walls
and/or ceilings to bare studs or joist, all electrical wiring in those
affected areas shall comply with present electrical codes for wiring,
spacing of convenience receptacles, installation of switches, lighting
fixtures, installation of exhaust fans and installation of hard-wired,
battery backup smoke detectors.
E.
Heating facilities. Every dwelling shall be equipped with a heating
system. The system shall be properly installed, maintained in reasonably
good working condition, and capable of adequately heating all habitable
rooms, kitchens, bathrooms, and toilet rooms contained therein, or
intended for use by the occupants thereof, to a temperature of at
least 70° F. at a distance three feet above floor level when the
outdoor temperature is at or above -15° F. Every central heating
system must be listed by a recognized testing agency and shall comply
with all of the following requirements:
(1)
The central heating unit shall be in reasonably good operating condition.
(2)
Every heat duct, steam pipe and hot water pipe shall be free of leaks
and shall function so that an adequate amount of heat is delivered
where intended;
(3)
Every seal between the sections of a hot air furnace shall be tight
so noxious gases will not escape into heat ducts.
(4)
Every supplied space heater must be listed by a recognized testing
agency and shall comply with all of the following requirements:
(a)
No space heater burning solid, liquid, or gaseous fuels shall be
a portable type.
(b)
Every space heater burning solid, liquid or gaseous fuels shall be
properly vented to a chimney or duct leading to outdoor space.
(c)
Every coal, wood or other approved combustible material burning space
heater shall have a fire-resistant panel, extending a minimum of 18
inches on all sides, beneath it.
(d)
Every space heater location shall comply with § SPS 323.04,
Wis. Adm. Code.
(e)
Every space heater chimney connector shall comply with § SPS
323.045(4), Wis. Adm. Code.
F.
Lighting of public halls and stairways. Every public stairway, passageway
or exit door in every dwelling containing four or more dwelling units
shall be adequately lighted by means of properly located electric
light fixtures from one hour before sunset to one hour after sunrise.
Every public hall and stairway in dwellings containing two or three
dwelling units shall be supplied with convenient light switches controlling
an adequate lighting system which may be turned on when needed, instead
of full-time lighting.
[Amended 12-21-2021 by Ord. No. 12-21-2021]
G.
Screens and storm windows required. All windows in spaces which require heating shall be provided with storm windows or insulating-type multiple glazing systems. At least one openable window for each habitable room shall be supplied with screen protective covering. The screened area shall be equal to or greater than the openable area as required by Subsection B of this section. The alternate methods of mechanical ventilation provided for in Subsections B and C of this section may be used to meet the requirements of this subsection.
H.
Basement windows. Every dwelling having a bedroom in the basement
shall have at least one window which meets the requirements of §§ SPS
321.03(6) and SPS 321.05(1) and (2), Wis. Adm. Code.
I.
Supplied heating to dwellings or parts thereof. Every owner or operator
of any dwelling who rents, leases, or lets for human habitation any
dwelling unit contained within such dwelling on terms, either expressed
or implied, to furnish heat to the occupants thereof shall supply
a heating system designed to maintain therein a minimum temperature
of 70° F. in each dwelling unit whenever the outdoor temperature
shall fall below -15° F. Whenever a dwelling is heated by means
of a furnace, boiler, or other heating apparatus under the control
of the owner, operator or tenant of the dwelling, such owner, operator
or tenant, in the absence of a written contract or agreement to the
contrary, shall be deemed to have contracted, undertaken, or bound
himself/herself to furnish heat in accordance with the provisions
of this subsection to every dwelling unit which contains radiators,
furnace heat duct outlets, or other heating apparatus outlets and
to every communal bathroom and communal toilet room located within
such dwelling.
[Amended 12-21-2021 by Ord. No. 12-21-2021]
No person shall occupy as owner-occupant or let to another for
occupancy any dwelling unit, or portion thereof, for the purpose of
living therein, which does not comply with the following requirements:
A.
Maintenance of foundations, exterior walls and roofs. Every foundation,
exterior wall, and roof shall be reasonably weathertight, watertight,
rodent-proof, insect-proof, and structurally sound and shall be kept
in a reasonably good state of maintenance and repair.
B.
Maintenance of interior walls, floors and ceilings. Every interior
partition, wall, floor, and ceiling shall be capable of affording
privacy, be structurally sound, kept in a reasonably good state of
repair, and maintained so as to permit them to be kept in a clean
and sanitary condition.
C.
Rainwater drainage from roof. All rainwater shall be so drained and
conveyed from every roof so as not to cause dampness in the walls,
ceilings or floors of any dwelling unit or basement.
D.
Maintenance of windows, exterior doors, and basement hatchways. Every
window, exterior door, and basement hatchway shall be reasonably weathertight,
watertight and rodent-proof and shall be kept in reasonably good working
condition and a reasonably good state of maintenance and repair.
E.
Protection of exterior surfaces. All exterior surfaces shall be reasonably
protected from the elements and against decay by paint or other approved
protective coating applied in a workmanlike fashion. Any exterior
surface treated with paint or other preservative shall be maintained
so as to prevent deformation of the exterior surface or the deterioration
of the surface.
F.
Maintenance of stairways and porches. Every inside and outside stairway,
every porch or deck, and every appurtenance thereto shall be so constructed
as to be reasonably safe to use and capable of supporting the load
that normal use may cause to be placed thereon and shall be kept in
sound condition and in a reasonably good state of maintenance and
repair.
G.
Maintenance of supplied plumbing fixtures. Every supplied plumbing
fixture, water distribution system and waste or vent pipe shall be
properly installed and maintained in good, sanitary working condition.
H.
Maintenance of chimneys and supplied smoke pipes. Every chimney and
every supplied smoke pipe shall be adequately supported, reasonably
clean, protected from deterioration and maintained in a reasonably
good state of repair.
I.
Maintenance of bathroom and toilet room floors. Every toilet room
floor surface and bathroom floor surface shall be maintained so as
to be reasonably impervious to water and so as to permit such floor
to be kept in a clean and sanitary condition.
J.
Safe and effective functioning of supplied facilities. Every supplied
facility, piece of equipment, or utility which is required under this
article shall be so constructed or installed that it will function
properly and shall be maintained in reasonably good working condition.
K.
Discontinuance of required services, facilities, equipment, or utilities.
No owner or operator shall cause any service, facility, equipment,
or utility which is required to be supplied under the provisions of
this article to be removed from, or shut off from, or discontinued
for any occupied dwelling or dwelling unit let or occupied by him/her,
except for such temporary interruption as may be necessary while actual
repairs, replacement, or alterations are in process of being made.
L.
Pest extermination. Every owner of a dwelling containing two or more
dwelling units shall be responsible for the extermination of detrimental
insects, rodents, or other pests on the premises. Whenever infestation
exists in two or more of the dwelling units in any dwelling, or in
the shared or public parts of any dwelling containing two or more
dwelling units, extermination thereof shall be the responsibility
of the owner.
M.
Cleanliness of public areas of dwellings. Every owner of a dwelling
containing three or more dwelling units and every owner of a premises
where three or more dwelling units share the same premises shall be
responsible for maintaining in a clean and sanitary condition all
communal, shared or public areas of the dwelling and premises thereof
which are used or shared by the occupants of three or more dwelling
units.
N.
Vacant dwelling units to be clean and sanitary before being let for
occupancy. No owner shall occupy or rent to any other person for occupancy
or allow any other person to occupy any vacant dwelling unit unless
it is in a reasonably clean and sanitary condition. The owner shall
be responsible for the removal of any garbage/rubbish/recyclables
remaining after the tenants no longer occupy the premises. The owner
shall comply with all provisions of this article and all rules and
regulations adopted pursuant thereto.
No person shall occupy or let to another for occupancy any dwelling
or dwelling unit, for the purpose of living therein, which does not
comply with the following requirements:
A.
Dwelling unit to be occupied by one family. No dwelling unit shall
be occupied by more than one family plus two occupants who are not
members of the family.
B.
Minimum ceiling height. The minimum ceiling height of every dwelling
unit shall be in accordance with § SPS 321.06, Wis. Adm.
Code, and the floor area of that part of any room where the ceiling
height is less than five feet shall not be considered a part of the
floor area in computing the total floor area of the room for the purpose
of determining the maximum permissible occupancy thereof.
C.
Minimum floor area for dwelling unit. Every dwelling unit consisting
of only one habitable room shall contain at least 120 square feet
of habitable room floor area.
D.
Minimum floor area for occupancy by more than one occupant. No dwelling
unit containing less than 170 square feet of habitable room floor
area shall be occupied by more than one occupant, provided that if
a dwelling unit consisting of only one habitable room has a closet
with a minimum ceiling height of six feet, contained within the dwelling
unit and connected thereto with a doorway or other similar opening,
the actual floor area of the closet, up to and including a maximum
of 20 square feet, shall be included in computing the habitable room
floor area of the dwelling unit.
E.
Maximum occupancy for one-room dwelling unit. No dwelling unit consisting
of only one habitable room shall be occupied by more than two occupants.
F.
Maximum occupancy for dwelling units of two or more rooms. No dwelling
unit consisting of two or more rooms shall be occupied by more occupants
than the total number which is calculated on the following basis:
|
Type of Room
|
Occupancy Subtotal
|
|---|---|
|
Kitchen
|
0
|
|
Each habitable room containing less than 70 square feet of floor
area
|
0
|
|
Each habitable room containing at least 70 but less than 100
square feet of floor area
|
1
|
|
Each habitable room containing 100 or more square feet of floor
area
|
2
|
G.
Arrangement of sleeping, bath and toilet rooms. No dwelling or dwelling
unit containing two or more sleeping rooms shall have such room arrangements
that access to a bathroom or toilet room intended for use by occupants
of more than one sleeping room can be had only by going through another
sleeping room; nor shall room arrangements be such that access to
a sleeping room can be had only by going through another sleeping
room or a bathroom or toilet room.
H.
Cellar space not habitable. No cellar space shall be used as a habitable
room or dwelling unit.
I.
Basement space may be habitable. No basement space shall be used
as a habitable room or dwelling unit unless:
(1)
The floor and walls are of waterproof and damp-proof construction.
(2)
The total of window area in each room is equal to at least the minimum window area sizes as required in § 268-31A of this article.
(3)
Exiting from the basement shall be in accordance with § SPS
321.03(5) and/or (6), Wis. Adm. Code.
A.
Cleanliness. Every occupant of a dwelling or dwelling unit shall
keep in a clean and sanitary condition that part of the dwelling,
dwelling unit, and premises thereof which he/she occupies or controls,
free from any accumulation of combustible or noncombustible material,
debris or refuse. Prior to moving, vacating or relinquishing occupancy
or control, every occupant of a dwelling or dwelling unit shall properly
dispose of all garbage and rubbish, in accordance with the requirements
of this section.
(1)
Residential yards and exterior property areas shall be kept clean
and free of material and storage of equipment. Prohibited materials
and equipment include, but are not limited to, yard waste, litter,
animal feces, lumber, scrap metal, motor vehicle parts, discarded
or nonfunctional household appliances, material and equipment not
related to residential use and furniture. Owners or occupants shall
take measures, including daily cleanup of premises, to prevent litter
from being carried by the elements to adjoining premises. This regulation
shall not apply to the outdoor storage of building materials while
construction or alterations are taking place on the site or firewood
when cut to fireplace or stove size lengths and neatly and tightly
stored in the side or rear yard of a property, outside of any required
setback area. Firewood shall be stored in an unobtrusive area and
shall not be used as a screening device or fence.
(2)
Outside accessory buildings and structures, including but not limited
to storage sheds, gazebos, decks, swimming pools, cabanas, dog houses,
flagpoles, fences, kennels, rabbit hutches, chicken coops, play houses,
tree houses, barbecue pits and planters, shall be maintained in good
repair, painted or stained, and in a clean and sanitary condition.
(3)
Garbage receptacles, when stored outside, shall be leakproof, secure
against rodents and have permanent, tight-fitting covers. Garbage
receptacles shall be stored in an unobtrusive area and shall be screened
from off-premises view.
(4)
Compost piles or yard waste holding bins shall be permitted provided
they are located and maintained in a manner that does not produce
noxious odors or rodent harborage, nor shall they be allowed to deteriorate
to a point of being an eyesore or nuisance.
(5)
Properties shall be landscaped, mowed and trimmed so as to maintain
a height of grass no greater than eight inches unless allowed in another
section of the Municipal Code.
(6)
Driveways and sidewalks shall be kept in good, sound, stable condition
and repair.
B.
Disposal of rubbish. Every occupant of a dwelling or dwelling unit
shall dispose of all his/her rubbish/recyclables in a clean, sanitary
manner by placing them in adequate and approved rubbish/recyclable
containers.
C.
Removal requirement. The owner of any property shall be required
to remove all garbage, rubbish and recyclables or have such waste
removed by a licensed hauler at least once a week.
D.
Disposal of garbage. Every occupant of a dwelling or dwelling unit
shall dispose of all his/her garbage, and any other organic waste
which might provide food for rodents, in a clean and sanitary manner
by placing it in the approved garbage storage containers.
E.
Placing of screens and storm windows. Every occupant of a dwelling
or dwelling unit shall be responsible for placing all screens and
storm windows required under the provisions of this article or of
any rule or regulation adopted pursuant thereto, except where the
owner has agreed to supply such service. Screens shall be placed not
later than the first day of June of each year. Storm windows shall
be placed not later than the 15th day of November of each year.
F.
Extermination of pests. Every occupant of a dwelling containing a
single dwelling unit shall be responsible for the extermination of
any insects, rodents, or other pests therein or on the premises, and
every occupant of a dwelling unit in a dwelling containing more than
one dwelling unit shall be responsible for such extermination within
the unit occupied by him/her whenever his/her dwelling unit is the
only one infested. Notwithstanding the foregoing provisions of this
subsection, whenever infestation is caused by failure of the owner
to maintain a dwelling in a reasonably rodent-proof or reasonably
insect-proof condition, extermination shall be the responsibility
of the owner.
G.
Use and operation of supplied plumbing fixtures. Every occupant of
a dwelling unit shall keep all supplied 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.
H.
Installation and care of plumbing fixtures furnished by occupant.
Every plumbing fixture furnished by the occupant shall be properly
installed per manufacturer's installation instructions and shall be
maintained in reasonably good working condition, in a clean and sanitary
state, and free from defects, leaks or obstruction.
I.
Use and operation of supplied heating facilities. Every occupant
of a dwelling unit shall be responsible for the exercise of reasonable
care, proper use, and proper operation of supplied heating facilities.
J.
Installation and use of heating facilities furnished by occupant.
Every space heater furnished by the occupant shall be properly installed
per manufacturer's installation instructions, shall be maintained
in reasonable good working condition, and shall comply with all of
the following requirements:
(1)
No space heater burning solid, liquid, or gaseous fuels shall be
of a portable type.
(2)
Every space heater burning solid, liquid, or gaseous fuels shall
be properly vented to a chimney or duct leading to outdoor space.
(3)
Every coal, wood or solid fuel burning space heater shall have a
fire-resistant panel beneath it, extending a minimum of 18 inches
beyond the face of the unit.
(4)
Every space heater located within two feet of a wall shall be equipped
with insulation sufficient to prevent overheating of the wall per
manufacturer's installation instructions.
(5)
Every space heater smoke pipe shall be equipped with guards, properly
constructed of nonflammable material, and provided the necessary clearances
at the point where the pipe goes through a wall, ceiling, or partition.
K.
Destruction, mutilation and defacing of property. No person shall
willfully or wantonly damage, mutilate or deface any part of residential
real estate, supplied fixtures and equipment and supplied furnishings
or any other property of another.
No person shall operate a Class Two dwelling, or shall occupy
or let to another for occupancy any Class Two dwelling unit in any
Class Two dwelling, except in compliance with the following requirements:
A.
Permit required. No person shall operate a Class Two dwelling unless
said person holds a valid Class Two dwelling permit issued by the
Village Clerk-Treasurer in the name of the operator.
B.
Application for permit. The operator shall file, in duplicate, an
application for a Class Two dwelling permit in the office of the Village
Clerk-Treasurer on application forms prepared by the Village Clerk-Treasurer.
[Amended 12-21-2021 by Ord. No. 12-21-2021]
C.
Inspection by Mishicot Police Department. The Mishicot Police Department
shall, whenever an application is filed for a Class Two dwelling permit
for a Class Two dwelling which does not have a valid Class Two dwelling
permit, inspect the Class Two dwelling within 30 days of such filing.
Within 72 hours after the operator files an application for permit,
the Mishicot Police Department shall transmit to the Building Inspector
or his/her designee a duplicate copy of the application. The Building
Inspector or his/her designee shall, within 30 days after the date
on which such Class Two dwelling permit application was filed, report
in writing to the Mishicot Police Department the maximum number of
dwelling units, including Class Two dwelling units, which may be contained
within the Class Two dwelling in accordance with the provisions of
applicable zoning laws. No Class Two dwelling permit shall be issued
to any operator which would authorize the occupancy of a larger number
of dwelling units in a Class Two dwelling than is permitted under
the provisions of applicable zoning laws.
D.
Issuance of permit; fees. When all applicable provisions of this
article and of any rules and regulations adopted pursuant thereto
have been complied with by the operator, the Village Clerk-Treasurer
shall issue a Class Two dwelling permit upon the payment of an initial
fee and an annual renewal fee set by the Village Board. For a change
of a currently valid permit to a new owner, a reissue fee set by the
Village Board shall apply. All Class Two dwelling permits so issued
shall expire on the first day of January following the date of issuance,
unless sooner suspended or revoked as hereinafter provided. The permit
shall list the maximum number of Class Two dwelling units that may
be occupied in the Class Two dwelling for which the permit is issued.
[Amended 12-21-2021 by Ord. No. 12-21-2021]
E.
Posting of permit. Every Class Two dwelling permit issued by the
Village Clerk-Treasurer shall be conspicuously posted by the operator
in a public corridor or hallway or other public portion of the Class
Two dwelling for which it is issued and shall remain so posted at
all times.
G.
Nontransferability of permit. No Class Two dwelling permit issued
under the provisions of this article shall be transferable, and every
operator shall notify the Mishicot Police Department in writing within
24 hours after having relinquished proprietorship or having sold,
transferred, given away, or otherwise disposed of such interest or
control of any Class Two dwelling and shall file in writing with the
Mishicot Police Department the name and address of the operator to
whom proprietorship has been relinquished by sale, gift, or other
method of transferal or disposition.
H.
Relationship of permit to building code; enforcement of building code. The issuance of a Class Two dwelling permit to any Class Two dwelling shall not in any way signify or imply that the Class Two dwelling conforms with the Wisconsin Commercial Building Code or Chapter 147, Building Construction, and Chapter 395, Zoning, of the Village Code. It shall be the duty of the Building Inspector or his/her designee to enforce the provisions of said building and zoning codes. The issuance of a Class Two dwelling permit shall not relieve the owner or operator of the responsibility for compliance with said building and zoning codes and shall not relieve the Building Inspector or his/her designee of the responsibility for enforcement of said building and zoning codes.
J.
Numbering of Class Two and other dwelling units. Every Class Two
dwelling unit and every other dwelling unit in every Class Two dwelling
shall be numbered in a plain and conspicuous manner, the number to
be placed on the outside of the door to each such Class Two dwelling
unit and other dwelling unit. No two doors shall bear the same number.
No number on any door of any Class Two dwelling unit or other dwelling
unit shall be changed to any other number without first securing the
written approval of the Mishicot Police Department.
K.
Posting of maximum number of occupants signs. The operator shall post in every Class Two dwelling unit within a Class Two dwelling a sign on which shall be written or printed in letters not less than 3/8 of one inch in height the following words: "Not More Than __Persons Permitted to Occupy This Unit," provided that an appropriate Arabic number shall be inserted in the blank space as hereinafter provided. The Arabic number which the operator inserts in any such sign in a Class Two unit shall not be a larger number than the maximum number of persons permitted by § 268-33C through F of this article. The required sign shall remain posted in each Class Two dwelling unit at all times.
L.
Occupant to observe occupancy limitation. No occupant shall allow a larger number of persons to occupy a Class Two dwelling unit than the maximum number of persons permitted to occupy said Class Two dwelling unit as listed on the sign which the operator of the Class Two dwelling is required to post in the Class Two dwelling unit in accordance with the provisions of Subsection K of this section.
M.
Hearing when Class Two dwelling permit is denied. Any person whose application for a permit to operate a Class Two dwelling has been denied may request and shall be granted a hearing on the matter before the Village Board under the procedure provided by § 268-28 of this article.
N.
Suspension of permit. Whenever upon inspection of any Class Two dwelling
the Mishicot Police Department finds that conditions or practices
exist which are in violation of any provision of this article or of
any rule or regulation adopted pursuant thereto, the Mishicot Police
Department shall give notice in writing to the operator of such Class
Two dwelling that unless such conditions or practices are corrected
within a reasonable period, to be determined by the Mishicot Police
Department, the operator's Class Two dwelling permit will be suspended.
At the end of such period the Mishicot Police Department shall reinspect
such Class Two dwelling, and if said inspector finds that such conditions
or practices have not been corrected he/she shall suspend the permit
and give notice in writing to the operator that the latter's permit
has been suspended.
[Amended 12-21-2021 by Ord. No. 12-21-2021]
O.
Hearing when Class Two dwelling permit is suspended; revocation of permit. Any person whose permit to operate a Class Two dwelling has been suspended, or who has received notice from the Mishicot Police Department that his/her permit is to be suspended unless existing conditions or practices at his/her Class Two dwelling are corrected, may request and shall be granted a hearing on the matter before the Village Board under the procedure provided by § 268-28 of this article, provided that if no petition for such hearing is filed within 20 days following the day on which such permit was suspended, such permit shall be deemed to have been automatically revoked. Upon receipt of notice of permit revocation, the operator shall cease operation of such Class Two dwelling, and after the elapse of a reasonable period of time to be determined by the Mishicot Police Department, no person shall occupy for sleeping or living purposes any dwelling unit therein.
No owner shall permit any premises to exist or any non-dwelling
structure or fence to exist on any premises which does not comply
with the following requirements:
A.
Maintenance of non-dwelling structures. Every foundation, external
wall, roof, window, exterior door, basement hatchway, and every other
entranceway of every non-dwelling structure shall be in sound structural
condition and so maintained as to prevent the structure from becoming
dilapidated or a harborage for rodents and shall be kept in a reasonably
good state of maintenance and repair.
B.
Protection of exterior surface. All exterior surfaces of all non-dwelling
structures shall be properly protected from the elements and against
decay by paint or other approved protective coating or material applied
in a workmanlike manner.
C.
Maintenance of fences. Every fence shall be kept in a reasonably
good state of maintenance and repair or shall be removed.
D.
Grading and drainage of premises. Every premises shall be graded
and maintained so no stagnant water will accumulate or stand on the
premises or within any building or structure located on the premises.
E.
Pest control. Every premises shall be so maintained as to prevent
the premises from becoming a harborage for rodents, birds, and insect
pests. Whenever infestation with rodents, birds, or insect pests exists
on any premises upon which no structure or non-dwelling structures
are located, extermination thereof shall be the responsibility of
the owner if said owner is also the operator, but shall be the responsibility
of the operator if the operator is a person different from the owner.
The designation of dwellings, dwelling units or non-dwelling
structures as unfit for human habitation or occupancy and the procedure
for the condemnation and placarding of such unfit dwellings, dwelling
units or non-dwelling structures shall be carried out in compliance
with Wis. Stats. § 66.0413, Razing buildings, with the following
requirements:
A.
Condemnation of dwellings, dwelling units and non-dwelling structures
as unfit for human habitation or occupancy.
(1)
Any dwelling, dwelling unit or non-dwelling structure which the Mishicot
Police Department/Building Inspection Department shall find to have
any of the following defects may be condemned as unfit for human habitation
or occupancy:
[Amended 2-21-2023 by Ord. No. 2023-02]
(a)
One which is so old, out of repair, damaged, decayed, dilapidated,
unsanitary, dangerous, unsafe, or vermin infested that it creates
a hazard to the health or welfare of the occupants or the public;
(b)
One which lacks illumination, heat and ventilation, or sanitary
facilities adequate to protect the health or welfare of the occupants
or of the public; or
(c)
One which, because of its general condition or location, is
unsanitary or otherwise dangerous to the health or welfare of the
occupants or of the public.
(2)
Any dwelling, dwelling unit or non-dwelling structure may be condemned
as unfit for human habitation or occupancy by the Mishicot Police
Department/Building Inspection Department if the owner or occupant
failed to comply with any order based on the provisions of this article
or any rules or regulations adopted pursuant thereto, provided that
such dwelling, dwelling unit or non-dwelling structure is, in the
opinion of the Mishicot Police Department/Building Inspection Department,
unfit for human habitation or occupancy by reason of such failure
to comply.
B.
Notice to owner of condemnation and intent to placard. Whenever the
Mishicot Police Department/Building Inspection Department has condemned
a dwelling, dwelling unit or non-dwelling structure as unfit for human
habitation or occupancy, said inspector/Department shall give notice
to the owner of such condemnation and of its intent to placard the
dwelling, dwelling unit or non-dwelling structure as unfit for human
habitation or occupancy. Such notice shall:
(1)
Be written;
(2)
Include a description of the real estate sufficient for identification;
(3)
Include a statement of the reason or reasons why the notice is being
issued;
(4)
Include a description of the repairs and improvements required to
bring the condemned dwelling, dwelling unit or non-dwelling structure
into compliance with the provisions of this article and any rules
or regulations adopted pursuant thereto;
(6)
Be served upon the owner of record or owner's agent, provided that
such notice shall be deemed to be properly served upon such owner
or owner's agent if a copy thereof is delivered to him/her personally
or, if not found, by leaving a copy thereof at his/her usual place
of abode, in the presence of someone of the family of suitable age
and discretion who shall be informed of the contents thereof, or by
sending a copy thereof by certified mail, with return receipt requested,
to his/her last known address, or, if the certified letter with the
copy is returned with a receipt showing it has not been delivered
to him/her, by posting a copy thereof in a conspicuous place in or
about the dwelling affected by the notice.
C.
Appeal of notice relating to condemnation. Any owner affected by any notice relating to the condemnation of a dwelling, dwelling unit or non-dwelling structure as unfit for human habitation or occupancy may file a written request and shall be granted a hearing on the matter before the Village Board under the procedure set forth in § 268-28B of this article.
D.
Placarding of condemned dwellings, dwelling units, and non-dwelling structures as unfit for human habitation or occupancy. After the condemnation notice which is required under the provisions of Subsection B of this section has resulted in an order, in accordance with the provisions of § 268-28 of this article, the Mishicot Police Department/Building Inspection Department shall placard the affected dwelling, dwelling unit or non-dwelling structure as unfit for human habitation or occupancy. The Mishicot Police Department/Building Inspection Department shall post, in a conspicuous place or places upon the affected dwelling, dwelling unit or non-dwelling structure, a placard or placards bearing the following words: "Condemned as Unfit for Human Habitation or Occupancy."
E.
Vacation of condemned and placarded dwellings, dwelling units and
non-dwelling structures. Any dwelling, dwelling unit, or non-dwelling
structure which has been condemned and placarded as unfit for human
habitation or occupancy by the Mishicot Police Department/Building
Inspection Department shall be vacated within a reasonable time as
required by said inspector/Department. No owner or operator shall
let to any person for human habitation or occupancy and no person
shall occupy any dwelling, dwelling unit, or non-dwelling structure
which has been condemned and placarded by the Mishicot Police Department/Building
Inspection Department after the date on which said inspector has required
the affected dwelling or dwelling unit to be vacated.
F.
Placard not to be removed until defects are eliminated. No dwelling,
dwelling unit, or non-dwelling structure which has been condemned
and placarded as unfit for human habitation or occupancy shall again
be used for human habitation or occupancy until written approval is
secured from, and such placard is authorized to be removed by, the
Building Inspector. The Mishicot Police Department shall remove such
placard whenever the defect or defects upon which the condemnation
and placarding action were based have been eliminated.
[Amended 12-21-2021 by Ord. No. 12-21-2021]
G.
Placard to be removed only by Mishicot Police Department. No person shall deface or remove the placard from any dwelling, dwelling unit or non-dwelling structure which has been condemned as unfit for human habitation or occupancy and placarded as such, except as provided in Subsection F of this section.
Nothing in this article shall be construed or interpreted to
in any way impair or limit the authority of the Village of Mishicot
to define and declare nuisances or to cause the removal or abatement
of nuisances by summary proceedings or other appropriate proceedings.
[Amended 3-7-2023 by Ord. No. 2023-04]
Except where another penalty is prescribed, any person who shall violate any provisions of this article shall be subject to a penalty as set forth in §1-2 of the Code.
