Whenever the Building Inspector finds any building or part thereof within the Village to be in his judgment so old, dilapidated or so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation, occupancy or use and so that it would be unreasonable to repair the same, he shall order the owner to raze and remove such building or part thereof or, if it can be made safe by repairs, to repair and make safe and sanitary or to raze and remove at the owner's option. Such order and proceedings shall be as provided in Wis. Stat. § 66.0413.
A.
The provisions of this chapter shall apply to all structures in the Village containing one or more rental dwelling units and to all dwelling units which are either rented for human habitation or permitted by the owner thereof to be occupied for human habitation by the owner or a person other than the owner.
B.
This chapter establishes minimum standards for the human habitation or occupancy of premises in the Village and does not replace or modify the standards otherwise established for the construction, replacement or repair of buildings contained in the Building, Plumbing, Electrical and Mechanical Code, except such as are in conflict with the provisions of this chapter. [1]
The following definitions shall apply only to the interpretation and enforcement of this chapter:
Approved by or in accordance with regulations under this chapter, enforced and interpreted by the Building Inspector or others as indicated elsewhere in this chapter.
A story having part, but not more than one-half, of its floor to clear ceiling height below the average finished ground grade adjoining the building walls. When a basement is used for storage garages for use of occupants of the building or facilities common for the operation of the rest of the building other than facilities for dwelling or lodging, it shall not be counted as a story.
A habitable room within the dwelling unit which is used or intended to be used primarily for the purpose of sleeping.
The official of the Village appointed and designated as the Building Inspector.
A story having more than one-half of the floor to clear ceiling height below the average finished ground grade at the building walls. A cellar is not included in computing the number of stories for the purpose of height measurement.
A suite of habitable rooms, occupied by or intended to be occupied by not more than one family as a residence and forming a single habitable unit with cooking, living, sanitary and sleeping facilities.
The official of the Village appointed and designated as the Village Engineer.
The body of persons who live together in one dwelling unit as a single housekeeping entity.[1]
Every room in any building in which persons sleep, eat or carry on their usual domestic or social vocations or avocations, but shall not include private laundries, bathrooms, toilet rooms, pantries, storerooms, corridors, rooms for mechanical equipment for service in the building or other similar spaces not used by persons frequently or during extended periods.
Any person, firm or corporation who alone, jointly or severally with others shall own or have charge, care or control of any dwelling unit within the Village as owner, lessee, employee or agent of the owner or as trustee or guardian of the estate or person of the title holder and all such other persons shall be bound to comply with the provisions of this chapter to the same extent as the owner.
All premises which are actually rented under verbal or written lease to one or more tenants and also to the use of premises by one or more persons other than the owner thereof, who may be permitted by such owner to occupy such premises rent free or without consideration being paid to the owner for such use.
No person shall occupy as owner or 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 habitable room, kitchen, bathroom and toilet room shall have a window or windows with a total glass area equal to at least 8% of its floor area unless, in the opinion of the Building Inspector, the structure of the building precludes the use of windows, in which case other means of lighting and ventilation approved by the Building Inspector may be used. Such windows shall open onto a street, alley, yard, court or easement open to the sky. Such window or windows shall be so constructed that at least one-half may be fully opened and so that the sash can be opened and securely closed. Approved mechanical ventilation may be substituted.
B.
Every public hall and stairway of every dwelling containing four or more dwelling units shall be adequately lighted by means of properly located electric light fixtures at all times, provided that such electrical lighting may be omitted from sunrise to sunset where there are windows or skylights opening directly to the outside and where the total window or skylight area is at least one-tenth of the combined horizontal area of such hall and stairway and if such skylights provide adequate natural light to all parts of each such public pathway. Every public hall and stairway in dwellings containing two or three dwelling units shall be supplied with convenient light switches controlling adequate lighting systems, which may be turned on when needed instead of full-time lighting. Adequate bulbs shall be provided in every public hall and on every public stairway so that a minimum of two footcandles of light is delivered to all parts in the public hall or stairway.
C.
At least one window in each bedroom, bathroom and kitchen shall be supplied with a screen covering at least 33% of the window area, provided that such screens shall not be required in rooms deemed by the Building Inspector to be located sufficiently high in the upper stories of dwellings as to be free of mosquitoes, flies and other flying insects. Such screens shall have a wire mesh not less than number 16 or, in lieu thereof, mechanical ventilation.
[Amended 9-22-2014 by Ord. No. 621]
D.
Every kitchen and habitable room within every dwelling or dwelling unit shall contain at least two separate wall-type electric convenience outlets or one such convenient outlet and one supplied ceiling or wall-type electric light fixture. Every toilet room, bathroom, furnace room, laundry room and public hall shall contain at least one supplied ceiling-type or wall-type electric light fixture. Every outlet and fixture shall be installed and maintained in good working condition and connected with the source of electric power in conformance with Chapter 98, Building, Plumbing, Electrical and Mechanical Codes, of this Municipal Code. These must be serviced by approved wiring.
E.
Each dwelling unit shall have supplied heating facilities and such facilities shall be properly installed, maintained in reasonably good working condition and capable of adequately heating all habitable rooms, bathrooms and toilet rooms contained therein where intended for use by the occupants thereof to a temperature of at least 68° F. at a distance of three feet above floor level when the outdoor temperature is at 10° below 0° F. Every supplied central heating system shall comply with the following requirements:
No person shall occupy, let or offer to 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.
Every foundation, exterior wall and roof shall be reasonably weathertight and rodent-proof and kept in a good state of maintenance and repair.
B.
Every interior partition wall, floor and ceiling shall be capable of affording privacy, 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.
All water shall be conveyed and drained from every roof and structure so as not to cause dampness or damage to the exterior or interior of the structure. Such water, including sump pump drainage, shall be drained and directed in a manner which will in no way damage the adjoining premises.
[Amended 4-10-2006 by Ord. No. 494]
D.
Every window, exterior door and basement hatchway shall be reasonably weathertight and rodent-proof and shall be kept in reasonably good working condition and a good state of maintenance and repair.
E.
All exterior surfaces shall be protected from the elements and against decay and deterioration by paint or by other approved protective coating applied in workmanlike fashion.
F.
Every inside and outside stairway, porch and appurtenance thereto shall be so constructed as to be reasonably safe to use and capable of supporting such a load as normal use may cause to be placed thereon and shall be kept in sound condition and a reasonably good state of maintenance and repair.
G.
Every supplied plumbing fixture and water and waste pipe shall be properly installed and maintained in good, sanitary working condition.
H.
Every chimney and supplied smoke pipe shall be adequately supported, reasonably clean and maintained in a reasonably good state of repair.
I.
Every toilet room floor surface and bathroom floor surface shall be maintained so as to be reasonably impervious of water and so as to permit such floors to be kept in a clean and sanitary condition.
J.
Every supplied facility, piece of equipment or utility which is required under this chapter shall be so constructed or installed that it shall function properly and shall be maintained in reasonably good working condition.
K.
No owner or operator shall cause any service facility, equipment or utility which is required to be supplied under the provisions of this chapter to be removed from, shut off from or disconnected from any occupied dwelling or dwelling unit let or occupied by him except for such temporary interruptions as may be necessary while actual repairs, replacement or alterations are in the process of being made.
L.
Every owner of a building containing one or more dwelling units shall be responsible for the extermination of insects, rodents or pests on the premises. Wherever infestation exists in any of the dwellings 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.
Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining in a reasonably clean, sanitary condition all communal, shared or public areas of dwellings or premises thereof which are used or shared by the occupants of two or more dwelling units.
N.
No owner shall occupy, rent to any other person for occupancy or allow any other person to occupy any vacant dwelling unit unless it is reasonably clean and sanitary and complies with all provisions of this chapter and all rules and regulations adopted pursuant thereto.
O.
A written contract assigning any or all of the above responsibilities to the occupant shall be deemed sufficient to place the responsibilities of this article upon the occupant.
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.
No dwelling unit shall be occupied by more than one family, including two occupants who are not related to the family.
B.
At least one-half of the floor area of every habitable room shall have a ceiling height of not less than seven feet six inches, and the floor area of that part of any room where the ceiling height is less than seven feet six inches shall not be considered as part of the floor area in computing the total area of the room for the purpose of determining the maximum permissible occupancy or habitable area.
C.
Every dwelling unit shall contain at least 160 square feet of floor space for the first occupant thereof and at least 100 square feet of additional floor space for every additional occupant.
D.
No dwelling or dwelling unit containing two or more sleeping rooms shall have such room arrangement 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 such room arrangements exist that access to a sleeping room can be had only by going through another sleeping room or bathroom or a toilet room.
E.
In every dwelling unit at least one room occupied for sleeping purposes by one or more occupants shall contain at least 100 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 40 square feet of floor space for each occupant thereof.
F.
Every occupant of every dwelling unit shall have unrestricted access to a toilet and to a kitchen sink or lavatory basin located within the dwelling unit.
G.
No basement or cellar space shall be used as a habitable room or dwelling unit unless:
[Amended 4-10-2006 by Ord. No. 494]
No owner shall permit any nondwelling structure or fence to exist on any premises or maintain any premises which does not comply with the following requirements:
A.
All exterior surfaces of nondwelling structures shall be properly protected from the elements and against decay and decomposition by paint or other approved protective coating applied in a workmanlike manner.
B.
Every fence shall be kept in a good state of maintenance and repair or shall be removed. See also § 245-14.
[Amended 2-9-2004 by Ord. No. 443]
C.
Every lot shall be graded and maintained so that all water is diverted away from buildings and drained from the lot and so as to prevent standing water and soil saturation detrimental to structures and lot use. Such water, including sump pump drainage, shall be drained and directed in a manner which will in no way damage the adjoining premises.
[Amended 4-10-2006 by Ord. No. 494]
D.
The entirety of every driveway and parking area shall be paved within 18 months after an occupancy permit is issued or within one year after the public road servicing the property is completed, whichever event occurs later, with a permanent surface consisting of either 2 1/2 inches of asphaltic concrete over a six-inch crushed stone base, four inches of cement concrete over a four-inch crushed stone base, or, if no stone base is installed, six inches of cement concrete.
[Amended 2-9-2004 by Ord. No. 442; 4-10-2006 by Ord. No. 494]
E.
All open spaces or areas of lots containing a dwelling unit for which an occupancy permit has been issued shall be seeded or sodded with grass, except for such areas set aside for and planted with trees, shrubbery and gardens, within two years after an occupancy permit was issued.
[Amended 2-9-2004 by Ord. No. 442]
F.
Every premises shall be maintained in a presentable and reasonably well-kept condition. Every lawn and property shall be kept mowed, and every tree, shrubbery or garden area shall be kept free of weeds pursuant to Chapter 95 of this Municipal Code.
[Amended 2-9-2004 by Ord. No. 442; 3-14-2011 by Ord. No. 571]
G.
No person shall store firewood in the front yard, required side yard, side yard area that adjoins a public street or within 10 feet of the rear lot line on any lot in a residential district, except that a person may temporarily, not to exceed 14 days, store firewood in the front yard.
The Building Inspector or his designated representative is authorized to make, and upon receipt of complaint shall make, exterior inspections to determine whether the buildings, structures and premises located within the Village conform to the requirements of this chapter. For the purpose of making exterior inspections, the Building Inspector is authorized to enter, examine and survey at all reasonable times the exterior portions of all buildings, structures or premises. Every owner or occupant shall give the Building Inspector free access to any such premises. The Building Inspector or his delegated representative, having probable cause to believe a violation of this chapter exists, shall have authority to enter any of such premises after written notice has been given to the owner, occupant or his agent. If after such notice is given access is denied to the Building Inspector, he may apply to the circuit court for a special inspection warrant.
A.
The Building Inspector is hereby made responsible for the enforcement of this chapter. All inspections, enforcement, orders or matters relating to violations of this chapter shall be under his direction and supervision. He may appoint or designate such other public officials or employees of the Village to perform duties as may be necessary to the enforcement.
B.
The Building Inspector shall be supplied with official identification and, upon request, shall exhibit such identification when entering any premises subject to this chapter. The Inspector shall conduct himself as to avoid intentional embarrassment or inconvenience to occupants.
[Amended 5-11-2015 by Ord. No. 625]
Whenever the Building Inspector determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, written notice of such alleged violation shall be given to the owner of the property, as follows:
A.
Except as set forth in Subsection C, the notice shall be in writing; include the tax identification number and address of the property; include a statement of the violation(s) and why the notice is being issued; and include a correction order allowing a reasonable time to make the repairs and improvements required to bring the premises up to compliance with this chapter. The notice shall advise the owner of the right to request a hearing before the Village Board and that the notice shall become an order of the Building Inspector five days after receipt unless such a hearing is requested within five days after the notice was received. The notice shall notify the person responsible of the right of the Village, in the event the violation continues, to perform the work and charge the cost thereof as a special charge pursuant to § 178-12 and § 66.0627, Wis. Stats.
B.
For all violations that do not include a raze order, the notice shall be delivered personally or sent by priority mail with delivery confirmation (USPS tracking), addressed to the owner's last known address; or, if the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place on the structure affected by the notice.
A.
The Building Inspector shall cause to be placed upon a building, structure or premises a placard which will state the determinations of the Building Inspector as to the building, structure or premises being unfit for use or occupancy whenever all of the following occur:
(1)
Any building, structure or premises does not substantially comply with the requirements of this chapter.
(3)
The owner, occupant or operator has failed to correct the violations set forth in such notice.
(4)
The Building Inspector has further determined that the building, structure or premises is so damaged, decayed, dilapidated, unsafe or vermin-infested that it creates a serious hazard to the health or safety of the occupants or of the public and is therefore unfit for use or occupancy.
B.
The form of the placard placed under the provisions of this section shall be determined by the Building Inspector but shall also substantially state the specific violations of this chapter.
C.
No person shall deface or remove the placard from any building, structure or premises which has been placed by the Building Inspector until removal of such placard is authorized by the Building Inspector.
D.
Any building, structure or premises which has been determined by the Building Inspector as being so damaged, decayed, dilapidated, unsafe or vermin-infested that it creates a serious hazard to the health and safety of the occupants and which such building, structure or premises has been placarded by the Building Inspector shall be vacated within such reasonable time as is determined and ordered by the Building Inspector.
E.
No building, structure or premises which has been determined by the Building Inspector as unfit for use or occupancy and placarded as provided herein shall again be used or occupied until written approval is secured from and such placard is removed by the Building Inspector. The Building Inspector shall grant such approval and remove such placard in the event that the violations have been corrected and the Building Inspector determines that the building, structure or premises is now fit for use or occupancy.
A.
The owner, occupant or operator of any building, structure or premises shall have the time as specified in the notice under § 178-10 to remedy the violations specified in such notice.
B.
In the event the Building Inspector shall determine in his discretion that the owner, occupant or operator is within such time making a good faith effort to correct the violation, he may extend the time for compliance.
C.
If the owner, occupant or operator of building, structure or premises shall fail or refuse after notice and order of the Building Inspector to remedy the violations specified in such notice, the Building Inspector may cause such work to be done and certify the cost thereof to the Village Clerk, who shall extend such cost against the property upon the next tax roll of the Village.
[Amended 11-22-2004 by Ord. No. 467]
No owner of any building, structure or premises who has received a compliance order or upon whom a notice of violation has been served shall sell, transfer, mortgage, leave or otherwise dispose of to another until the provisions of the compliance order or notice of violation have been complied with or until such owner shall first furnish to the Building Inspector a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
