[HISTORY: Adopted by the Village Board of the Village of
Blanchardville 4-4-2022 by Ord. No. 2022-003; amended in its entirety 12-5-2022 by Ord. No. 2022-019. Subsequent amendments noted where applicable.]
The Village Board finds that there exists, and may in the future
exist, within the Village, buildings or structures that are likely
to affect, by reason of their maintenance or lack of maintenance,
the health, safety, and general welfare of the citizens of this community.
It is declared that there is a need for the establishment of certain
standards relating to the maintenance and repair of buildings, structures,
and surrounding areas. It is further declared that failure to maintain
buildings and surrounding areas in a reasonable state of repair affects
the value of other properties in the area, and adversely affects the
environment and living conditions in the area.
A.
The provisions of this chapter shall apply uniformly to the maintenance,
use and occupancy of all buildings, structures, and premises within
the jurisdiction of the Village irrespective of when originally constructed
or rehabilitated.
B.
However, any legally established use or structure existing prior to the effective date of this title that does not conform with the provisions of this title because of size of rooms, size of windows, height of ceilings or other basic structural dimensions shall be considered a legal nonconforming use under the provisions of Chapter 520 of this code. However, such nonconforming use of the structure shall not be extended, enlarged, moved, or structurally altered except when required to do so by law or order, or so as to comply with the provisions of this title. Normal maintenance is permitted. This provision shall not be interpreted to disallow the extension or enlargement of a structure in respect to those dimensions that are or may still be in conformance with this title so long as such extensions or enlargements do not thereby create additional nonconforming dimensions.
This chapter shall be known and may be cited as the "property
maintenance code."
The degree of protection intended to be provided by this chapter
is considered reasonable for regulatory purposes. This chapter does
not imply that compliance will result in freedom from damages, nor
shall this chapter create a liability on the part of or a cause of
action against the Village or any officer or employer for any damage
that may result from reliance on this chapter. Lack of enforcement
of the standards, rules and regulations contained herein shall not
create a liability on the part of the Village or its officers and
agents notwithstanding the issuance of permits or inspection of the
premises.
The following definitions shall apply in the interpretation
and enforcement of this chapter. Words and phrases not herein otherwise
defined shall have the meanings accepted by common usage in other
villages and state of Wisconsin Codes and Statutes or the common definition
set forth in a standard dictionary.
Defined by reference to § 520-15.
That person within the governmental structure of the corporate
unit who is charged with the administration of the appropriate code,
or their designated representative.
Approved by the local or state authority having such administrative
authority.
Defined by reference to § 125-9.
A single system supplying heat to one or more dwelling unit(s)
or more than one rooming unit.
A vertical masonry shaft of reinforced concrete, or other
approved noncombustible, heat-resisting material enclosing one or
more flues, for the purpose of removing products of combustion from
solid, liquid or gaseous fuel.
Any enclosed space wholly or partly used or intended to be
used for living and sleeping, whether or not cooking and eating facilities
are provided; manufactured housing and modular construction, which
conform to nationally accepted industry standards and used or intended
for use for living and sleeping purposes shall be classified as dwellings.
See definition of "unit."
Defined by reference to § 46-8.
A toilet bowl which is flushed with water which has been
supplied under pressure and equipped with a water-sealed trap under
the floor level.
The average finished level of the adjacent ground.
An individual who shares a dwelling unit in a nonpermanent
status for not more than 30 days in a six-month period.
A room or enclosed floor area used or intended to be used
for living or sleeping purposes excluding bathrooms, water closet
compartments, basement laundries, furnace rooms, utility rooms of
less than 50 square feet of floor space, communicating corridor stairways,
closets, storage spaces, unheated areas and workshops and hobby areas
below ground level.
Water heated to a temperature of not less than 110° F.
at the outlet.
The Building Inspector or fire inspector that initiated an
enforcement action under the provisions of this chapter.
Any individual having possession of a premises or any individual
over one year of age, living, sleeping, cooking, or eating in or having
possession of a dwelling unit; except that in dwelling units a guest
shall not be considered an occupant.
Any person who has charge, care, control, or management of
a building, or part thereof, in which building units are let.
Any person who, alone or jointly or severally with others:
Has legal title to any premises, building, or building unit,
with or without accompanying actual possession thereof; or
Has charge, care or control of any premises, building, or building
unit, as owner or agent of the owner, or an executor, administrator,
trustee, or guardian of the estate of the owner. Any such person thus
representing the actual owner shall be bound to comply with the provisions
of this chapter and of the rules and regulations adopted pursuant
thereto, to the same extent as if he were the owner.
And includes any individual, firm, corporation, association,
partnership, cooperative or governmental agency.
Defined by reference to § 125-3.
A platted lot or part thereof or unplatted lot or parcel
of land or plat of land, either occupied or unoccupied by a dwelling
or nondwelling structure, and includes any such building or part thereof,
accessory structure or other structure thereon.
The existence of conditions which will permit an individual
or individuals to carry out an activity commenced without interference,
either by sight or sound by other individuals.
A form of construction which will prevent the ingress or
egress of rodents and/or animal pests to or from a given space of
building, or from gaining access to food, water, or harborage. It
consists of the closing and keeping closed of every opening in foundations,
basements, cellars, exterior and interior walls, ground or first floors,
roofs, sidewalk gratings, sidewalk openings, and other places that
may be reached and entered by rodents and/or animal pests by climbing,
burrowing or other methods, by the use of materials impervious to
rodent-gnawing and other methods.
Paid for, furnished by provided by, or under the control
of the owner, operator, or agent.
A room or group of rooms located within a building forming
a single habitable or business unit or any other part of a premise
controlled by another.
A.
No owner or individual shall occupy or let to another individual
any premises or premises unit unless it is safe, clean, sanitary and
complies with all applicable legal requirements of the state and the
city.
B.
Every owner of a premises containing two or more dwelling units shall
be responsible for maintaining, in a clean and sanitary condition,
the shared or public areas of the premises thereof.
C.
Vacant premises shall be maintained in a clean and sanitary condition
by the owner.
D.
Every occupant of a premises or premises unit shall store and dispose of all their rubbish in a clean, sanitary, and safe manner, and comply with the provisions of Chapter 391.
E.
Every occupant of a premises containing a single unit shall be responsible
for the extermination of insects, rodents and/or animal pests on the
premises; and every occupant of a premises unit in a premises containing
more than one premises unit shall be responsible for such extermination
whenever that premises unit is the only one infested. Notwithstanding
the foregoing provisions of his subsection, whenever infestation is
caused by failure of the owner to maintain a premises in a reasonably
rodent and/or animal pest-proof condition, extermination shall be
the responsibility of the owner. Whenever infestation exists in two
or more of the premises units in any premises or in the shared or
public parts of any premises containing two or more premises units,
extermination thereof shall be the responsibility of the owner.
G.
Every occupant of a premises unit shall keep all installed heating,
ventilating, electrical and plumbing fixtures in a clean, sanitary
and operable condition and shall be responsible for the exercise of
reasonable care in the proper use and operation thereof.
H.
Every owner or occupant of any premises shall comply with the provisions of § 300-9 governing the cutting of grass and noxious weeds.
J.
No owner, operator, or occupant of a building, building unit, or
premises shall suffer, permit or allow any condition which may be
dangerous to young children because of their inability to appreciate
peril and may reasonably be expected to attract them to the premises.
No person shall occupy as owner, occupant or let to another
for occupancy, any dwelling or dwelling unit, for the purposes of
living, sleeping, cooking, or eating therein, which does not comply
with the following requirements:
A.
Every dwelling unit having a kitchen or kitchenette shall be equipped
with the following:
(1)
A kitchen sink in good working condition and properly connected to
a water supply system which is approved by the appropriate authority,
and which provides at all times an adequate amount of heated and unheated
running water under pressure, and which is connected to an approved
sewer system.
(2)
Cabinets and/or shelves for the storage of eating, drinking, and
cooking equipment and utensils and of food that does not under ordinary
summer conditions require refrigeration for safekeeping; and a counter
or table for food preparation; said cabinets and/or shelves and counter
or table shall be of sound construction furnished with surfaces that
are easily cleanable and that will not impart any toxic or deleterious
effect to food.
(3)
A stove or similar device for cooking food, and a refrigerator or
similar device, for the safe storage of food at temperatures less
than 50° F. but more than 32° F., which are properly installed
with all necessary connections for safe, sanitary and efficient operation;
provided that such stove, refrigerator and/or similar devices need
not be installed when a dwelling unit is not occupied. Repair, maintenance
and replacement of the appliances shall be the responsibility of the
owner of the appliance.
B.
Within every dwelling unit there shall be a nonhabitable room which
affords privacy to anyone within said room and which is supplied with
a flush water closet in good working condition and within every dwelling
unit let to another there shall be one such closet for each 10 persons
or fraction thereof. Said flush water closet shall be equipped with
easily cleanable surfaces and shall be connected both to a water system
that at all times provides an adequate amount of running water under
pressure to cause the water closet to be operated properly, and to
a sewer system which is approved by the appropriate authority.
C.
Within every dwelling unit there shall be a lavatory sink. Said lavatory
sink, may be in the same room as the flush water closet, or if located
in another room, the lavatory sink shall be placed in close proximity
to the door leading directly into the room in which said water closet
is located. The lavatory sink shall be in good working condition and
properly connected to a water supply system which is approved by the
appropriate authority and which provides at all times an adequate
amount of heated and unheated running water under pressure, and which
is connected to a sewer system approved by the appropriate authority.
D.
Within every dwelling unit there shall be a room which affords privacy
to a person within said room and which is equipped with a bathtub
or shower in good working condition. Said bathtub or shower may be
in the same room as flush water closet or in another room and shall
be properly connected to a water supply system which is approved by
the appropriate authority, and which provides at all times an adequate
amount of heated and unheated water under pressure.
E.
Every dwelling unit in a one-story or two-story dwelling shall have
at least two approved means of egress leading to a safe and open space
at ground level. Every dwelling unit in a multiple dwelling shall
have immediate access to two or more approved means of egress leading
to a safe and open space at ground level, or as otherwise permitted
by the laws of this state and the village.
F.
All stairway landings, platforms, roof decks or similar elevations
or depressions more than two feet above or below adjacent grade or
floor level shall have a guard rail on the open sides thereof, at
least 36 inches in height, with an intermediate rail at mid-height
or vertical rails at 11 inches maximum spacing on center. Stairways
on the outside of buildings and an integral part thereof, having more
than three risers, shall have a handrail on each side. Alternate systems
providing at least the same degree of protection, approved by the
appropriate authority shall be acceptable.
G.
Access to or egress from each dwelling unit shall be provided without
passing through any other dwelling or dwelling unit, except common
areas provided for such purpose.
H.
No person shall let to another for occupancy any dwelling or dwelling
unit unless each exterior door of the dwelling unit is equipped with
a safe, functioning locking device.
[Amended 11-6-2023 by Ord. No. 2023-005]
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.
Every dwelling shall have heating facilities which are properly,
permanently installed and are maintained in a safe and good working
condition and are capable of safely and adequately heating all habitable
rooms, bathrooms, and water closet compartments in every dwelling
unit located therein to a temperature of at least 67° F. at a
distance of 48 inches above floor level under average minimum winter
temperature.
B.
No owner or occupant shall install, operate, or use a means of heating
employing a flame that is not vented outside the structure in an approved
manner.
No person shall occupy as owner, occupant, or let to another
for occupancy, a premises or premises unit which does not comply with
requirements of the applicable Wisconsin Administrative Code regarding
safe and sanitary maintenance of parts of buildings and with the following
requirements:
A.
Every exterior wall shall be free of deterioration, holes, breaks,
loose or rotting board or timbers.
B.
Structures that are finished with paint or stain should have paint
or stain applied as necessary to maintain exterior building surfaces.
When the building has more than 30% deterioration of its finished
surface due to peeling or chipping on any wall, that entire wall shall
be painted or stained. Such painting and staining shall be completed
within 90 days from the date of the first application.
C.
All exterior cornices, moldings, lintels, sills, oriel windows, and
similar projections shall be kept in good repair and free from cracks
and defects which make them hazardous or unsightly.
D.
Roof surfaces shall be tight and have no defects which admit water.
All roof drainage systems shall be secured and properly hung. Roof
drainage systems shall exist.
E.
Chimneys, antennas, air vents and other similar projections shall
be structurally sound and in good repair. Such projections shall be
secured properly, where applicable, to an exterior wall or exterior
roof.
G.
Every window, exterior door and hatchway or similar device shall
be rodent-proof and reasonably watertight and weathertight and shall
be kept in working condition and good repair.
H.
Every premises shall be maintained in a rat-free and rat-proof condition.
I.
All fences provided by the owner or agent on the premises and/or
all fences erected or caused to be erected by an occupant shall be
constructed of manufactured metal fencing material, wood, masonry,
or other inert material. Such fences shall be maintained in good condition.
The permissible height and other characteristics of all fences shall
conform to the appropriate statutes ordinances, and regulations of
the Village and the state. Wherever any egress from the premises opens
into the fenced area, there shall be a separate means of egress from
the fenced area.
J.
Accessory structures present or provided by the owner, agent or tenant
occupant on the premises shall be structurally sound and be maintained
in good repair. The exterior of such structures shall be made weather-resistant
through the use of decay-resistant materials or the use of paint or
other preservatives.
K.
Every foundation, roof, floor, exterior and interior wall, ceiling,
inside and outside stair, every porch, and every appurtenance thereto
shall be safe to use and shall be kept in sound condition and good
repair.
L.
Every plumbing fixture and all water and waste pipes shall be properly
installed and maintained in good sanitary working condition. No owner,
operator or occupant of any premises shall permit or allow to remain
any connection of roof leaders, surface drains, foundation footing
drains, or any other clear water drains to a building sewer or drain
which discharges into a sanitary sewer or private sewage treatment
facility. Cross-connections of water lines are prohibited. Connection
to the potable water supply system of any fixture or installation
creating a backflow or back siphonage hazard, without backflow or
back siphonage protection as approved by the appropriate authority,
is prohibited.
M.
No owner, operator or occupant shall cause without proper authority
any service, facility, equipment, or utility, which is required under
this chapter, to be removed or shut off from or discontinued from
any occupied dwelling or dwelling unit let or occupied by him, except
for such temporary interruption as may be necessary while actual repairs
or alterations are in progress or during temporary emergencies when
discontinuance of services is necessary for safety reasons.
A.
The Building Inspector and Fire Inspector are authorized and directed
to make inspections when there exists valid reason to believe that
a violation of this chapter or any rules and regulations pursuant
thereto has been or is being committed.
B.
For the purpose of making exterior inspections, the Inspector is
authorized to examine and survey at all reasonable times during daylight
hours the exterior portion of all buildings, structures or premises.
Every owner or occupant shall give the Inspector free access to any
said premises.
C.
The Inspector shall require any complainant reporting a violation
of this chapter to submit the report in writing.
D.
The Inspector or their designated representative having probable cause to believe a violation of this chapter exists, shall have authority to enter the interior of any such premises after at least a twenty-four-hour written notice has been given to the owner, or their agent and the occupant requesting an appointment for such entry and inspection. If, after such notice is given, access is denied by either the owner or occupant, the Village President or Planning Commission Committee may authorize the inspector or apply to obtain a special inspection warrant pursuant to Wisc. Statue 66.0119. Any such authorization or application must be discussed at the next Planning Commission Committee Meeting. Failure to comply with these requirements is governed by Chapter 5.
Whenever an Inspector determines that there is a violation of
any provision of this chapter, notice of such violation shall be given
to the person or persons responsible therefor, which shall:
A.
Be in writing;
B.
Indicate the nature of the violation(s);
C.
Be served upon the owner or his/her agent, and the occupant or operator(s),
as the case may require. Such notice shall be deemed to be properly
served upon such owner, or his/her agent, and occupant, or operator,
if a copy thereof is:
D.
Require compliance, or a plan of compliance, within a number of days
no less than six months (180 days) and not to exceed nine months (270
days), as determined by the appropriate authority.
E.
Advise the person served of the right to request a hearing before
the Board of Zoning Appeals to appeal the Building Inspector's order
and that the notice shall become an order of the Building Inspector
10 days after service unless such a hearing is requested.
A.
Whenever an owner, operator or agent of a premises or premises unit fails, neglects, or refuses to make repairs, raze or remove, make safe by repairs or other corrective action called for, the Building Inspector or Fire Inspector may undertake or contract such repairs or action when in their judgment, a failure to make them will endanger the public health, safety or welfare. If the owner fails to repair or remove a building which is dilapidated or blighted to the extent that such building, dwelling, or structure produces blight or deterioration by reason of such condition, the provisions of § 300-7 apply. Any such authorization or application must be discussed at the next Planning Commission Committee Meeting. Failure to comply with these requirements is governed by Village Chapter 5.
B.
A separate notice of intention to make repairs or take other corrective action shall be served upon the owner, operator, or agent pursuant to § 130-12.
C.
Every owner, occupant, operator or agent of a premises or premises
unit who has received notice of the intention of the Building Inspector
to make repairs or take other corrective action shall give entry and
free access to the agent of the Building Inspector for the purpose
of making such repairs. Any owner, occupant, operator, or agent of
a dwelling or dwelling unit who refuses, impedes, interferes with,
hinders, or obstructs entry to the premises pursuant to notice of
intention to make repairs or take other corrective action shall be
subject to a civil penalty of a minimum of $100 plus court costs for
each day said party fails to comply with this section.
D.
When repairs are made or other corrective action taken at the direction of the Inspector and the owner, operator or occupant fails to pay for the expense of such repairs, the cost of such repairs and corrective action may be levied and collected as a special charge or special tax upon the lot or land on which such work is done. This charge or special tax may include penalties as describe in § 130-16.
A.
Hearings.
(1)
Any person who receives a notice from the appropriate authority issued in connection with any alleged violation of the provisions of this chapter or of any applicable rules and regulations pursuant thereto or any order requiring repair or demolition pursuant thereto or any order requiring repair or demolition pursuant to § 130-12 of this chapter, may file a petition to the Board of Zoning Appeals for a hearing setting forth his/her reasons for contesting the notice or order. Any Chairperson, or the Village Clerk, serving on the Planning Commission Committee is authorized to require a meeting of the Zoning Board of Appeals to process the petition, within 20 days after receipt of the petition.
(2)
Such petition shall be filed within 10 days after receipt of notice of violation and must be in writing to any person designated in Subsection A(1).
(3)
The Village Clerk shall notify the petitioner of the hearing date,
time and location. If the Village Clerk is unable to, for whatever
reason, notify the petitioner then the Village President may provide
the notice.
(4)
Notification to the petitioner shall be deemed to be properly served
upon such owner, or his/her agent, and occupant, or operator, if a
copy thereof is:
(5)
At the hearing, the petitioner shall be given an opportunity to show
cause why the notice or order should be modified or withdrawn or why
the period of time permitted for compliance should be extended.
The procedures described in § 300-7 apply.
Any person who is deemed to have notice and any owner, occupant, operator or agent of a building or premises or any person making use of a premises who has received a notice as provided in § 130-12 and who fails, neglects or refuses to comply with, or permits violation of the ordinance provisions set forth in such notice at any time after the specified reasonable consideration period, or any person regardless of notice who fails to conform with these ordinance provisions shall be subject to a forfeiture of a minimum of $100 plus court costs for each day said party fails to comply with this section.
A.
In any case where a provision of this chapter is found to be in conflict
with a provision of any zoning, building, fire, safety or health ordinance
or code of the Village existing on the effective date of the ordinance
codified in this chapter, the provision which established the higher
protection of the health and safety of the people shall prevail. In
any case where a provision of this chapter is found to be in conflict
with a provision of any other ordinance or code of the Village existing
on the effective date of the ordinance codified in this chapter, which
established a lower standard for the promotion and protection of the
health and safety of the people, the provisions of this chapter shall
be deemed to prevail.
B.
If any section, subsection, paragraph, sentence, clause, or phrase
of this chapter should be declared invalid for any reason whatsoever,
such decision shall not affect the remaining portions of this chapter
which shall remain in full force and effect and to this end the provisions
of this chapter are hereby declared to be severable.
