[Adopted 12-1-1994 by Ord. No. 12-94
as §§ 24.01, 24.02, 24.03, 24.11 and 24.12 of the 1994
Code]
[Amended 7-8-2003 by Ord. No. 20-03]
The following definitions shall apply in the
interpretation and enforcement of this article:
Any building which is wholly or partly used or intended to
be used for living or sleeping by human occupants.
Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities which are used or
intended to be used for living, sleeping, cooking and eating.
Director of the County Health Department.
[Amended 6-12-2006 by Ord. No. 15-06]
Any person, over one year of age, living, sleeping, cooking
or eating in, or having actual possession of, a dwelling unit or rooming
unit.
Any person who has charge, care or control of a building,
or part thereof, in which dwelling units or rooming units are offered
for rent.
Any person who, alone or jointly or severally with others,
shall have:
Legal title to any dwelling or dwelling unit,
without accompanying actual possession thereof;
A contract right under such terms that the person
shall be entitled to a conveyance of title upon payment of a specified
sum; or
Charge, care or control of any dwelling or dwelling
unit, as owner or agent of the owner, or as executor, executrix, administrator,
administratrix, 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 article and of rules and regulations adopted
pursuant thereto, to the same extent as if he were the owner.
Any individual, firm, corporation, association or partnership.
A.
The Building Inspector is hereby authorized and directed
to make inspections to determine the condition of dwellings, dwelling
units, rooming units and premises located within this Village in order
that this officer may perform his duty of safeguarding the health
and safety of the occupants of dwellings and of the general public.
[Amended 7-8-2003 by Ord. No. 20-03; 6-12-2006 by Ord. No.
15-06]
B.
For the purpose of making such inspections the Building
Inspector is hereby authorized to enter, examine, and survey at all
reasonable times all dwellings, dwelling units, rooming units and
premises. The owner or occupant of every dwelling, dwelling unit,
and rooming unit, or the person in charge thereof, shall give the
Building Inspector free access to such dwelling, dwelling unit or
rooming unit and its premises at all reasonable times for the purpose
of such inspection, examination and survey.
[Amended 7-8-2003 by Ord. No. 20-03; 6-12-2006 by Ord. No.
15-06]
C.
Every occupant of a dwelling or dwelling unit shall
give the owner thereof or his agent or employee access to any part
of such dwelling or dwelling unit, or its premises, at all reasonable
times for the purpose of making such repairs or alterations as are
necessary to effect compliance with the provisions of this article
or with any lawful rule or regulation adopted or any lawful order
issued pursuant to the provisions of this article.
[Amended 7-8-2003 by Ord. No. 20-03]
A.
Whenever the Building Inspector or Police Chief determines
that there are reasonable grounds to believe that there has been a
violation of any provision of this article which affects the health
of the occupants of any dwelling, dwelling unit or rooming unit or
the health of the general public, or affects the safety of any such
occupants or the safety of the general public, the Building Inspector
or Police Chief shall give notice of such alleged violation to the
person or persons responsible therefor and to any known agent of such
person as hereinafter provided.
[Amended 6-12-2006 by Ord. No. 15-06]
(1)
Such notice shall:
(a)
Be in writing.
(b)
Include a statement of the reasons why it is
being issued.
(c)
Allow a reasonable time for the performance
of any act it requires.
(d)
Be served upon the owner or his agent or the
occupant, as the case may require, provided that such notice shall
be deemed to be properly served upon such owner or agent or upon such
occupant if a copy thereof is served upon him personally or if a copy
thereof is posted in a conspicuous place in or about the dwelling
affected by the notice or if he is served with such notice by any
other method authorized or required under the laws of this state.
(2)
Such notice must contain an outline of remedial action
which, if taken, will effect compliance with the provisions of this
article.
B.
Any person affected by any such notice issued by the
Building Inspector or Police Chief 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 Building Inspector or Police
Chief, within 10 days after service of the notice, a written statement
of the grounds therefor. Upon receipt of such petition, the Building
Inspector or Police Chief respectively shall arrange a time and place
for such hearing and shall give the petitioner written notice thereof.
Such hearing shall be held as soon as practicable after the receipt
of request therefor. At such hearing the petitioner shall be given
an opportunity to be heard and to show cause why such notice should
not be complied with.
[Amended 6-12-2006 by Ord. No. 15-06]
C.
After such hearing the Board shall sustain, modify or withdraw the notice, depending upon its findings in regard to compliance with the provisions of this article. If the Board shall sustain or modify such notice it shall be deemed to be an order. Any notice served pursuant to Subsection A shall automatically become an order if a written petition for a hearing is not filed in the office of the Building Inspector or Police Chief within 10 days after such notice is served. Any permit which has been suspended by a notice shall be deemed to be automatically revoked if a petition for hearing is not filed in the office of the Building Inspector or Police Chief within 10 days after such notice is served. In any case in which a hearing is held and the notice sustained, the permit shall be deemed to have been revoked.
[Amended 6-12-2006 by Ord. No. 15-06]
D.
The proceedings at such hearing, including the findings
and decision of the Board, shall be summarized, reduced to writing
and entered as a matter of public record in the offices of the Board.
Such record shall also include a copy of every notice or order issued
in connection with the matter. Any person aggrieved by the decision
of the Board may seek relief therefrom in any court of competent jurisdiction
as provided by the laws of this state.
E.
Whenever the Building Inspector or Police Chief finds that an emergency exists which requires immediate action to protect the public health or safety, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this article, such order shall be effective immediately but, upon petition to the Building Inspector or Police Chief, shall be afforded a hearing as soon as possible, in the manner provided in Subsection B. After such hearing, depending upon the findings in regard to compliance with the provisions of this article, the Board shall continue such order in effect or modify it or revoke it.
[Amended 6-12-2006 by Ord. No. 15-06]
[Added 4-5-1999 by Ord. No. 5-99]
A.
Scope. These standards shall apply to all improved
properties, irrespective of whether the property is used for business,
residential, or industrial purposes, unless the application of standards
is otherwise limited by the terms of this section.
B.
Minimum standards. No person shall occupy, use, let,
or hold out to another for occupancy or use any building, structure,
or premises which does not comply with the requirements of this section.
C.
Foundations, exterior walls and roofs. The foundation
shall be substantially watertight, protected against rodents, and
kept in good condition and repair. The foundation elements shall adequately
support the building at all points. Every exterior wall shall be substantially
watertight, weathertight, protected against rodents, kept in good
condition and repair, and free of deterioration, holes, breaks, loose
or rotting boards or timber, and any other condition which might admit
rain or dampness to the interior portions of the walls or exterior
spaces of the dwelling. All exterior wood surfaces shall be protected
by paint, stain, or other water- and weather-resistant treatment.
Every roof shall be watertight, weathertight, kept in good condition
and repair, and have no dangerous defects. Roof drainage shall be
adequate to prevent rainwater from causing dampness in the walls.
All cornices, copings, parapets, moldings, belt courses, lintels,
sills, and similar projections shall be kept in good repair, free
from cracks or defects which make them hazardous or dangerous.
D.
Windows, doors and hatchways. Every window shall be
fully supplied with transparent or translucent windowpanes, substantially
without cracks or holes, substantially tight, and kept in good condition
and repair. Windows, other than fixed windows, shall be easily opened
and shall be held in position by window hardware. Every exterior door
shall fit substantially tight within its frame and be kept in good
condition. Window and door frames shall be kept in good condition
and shall exclude rain and substantially exclude wind from entering
the building or structure. Every basement hatchway shall prevent the
entrance of rodents, rain, and surface drainage water into the building
or structure.
E.
Screens. From June 1 to September 15, screens shall
be installed on doors or windows when they are required for ventilation.
Screening shall be at least a 14 mesh and shall be attached to the
frame in a manner which does not leave openings larger than those
in the screen itself. Frames shall be in good condition and repair
and fit tightly into the window or door frame so as not to allow the
passage of insects or rodents. Screens shall be provided with positive
attachment devices to ensure that inserts will not fall from, or be
dislodged from, the door or window frame. A self-closing device shall
be provided for screen doors.
F.
Stairways and porches. Every exterior stairway and
porch, and its supports, shall be kept in good and safe condition
and repair, free of deterioration, with every rail and balustrade
firmly fastened and maintained.
G.
Chimneys. Every chimney and chimney flue shall be
in good and safe condition and repair.
H.
Grading and drainage of lots. Every yard, court, driveway,
or other portion of the lot shall be graded or drained so as to prevent
the accumulation of stagnant water on any such surface. Driveways
shall be maintained in good condition and repair.
I.
Yards. Yards shall be kept substantially clear of
debris and be provided with adequate lawn or ground cover of vegetation,
hedges, or bushes. All areas not covered by any of the foregoing shall
be treated to prevent dust or the blowing or scattering of dust particles
into the air. All trees, bushes, or vegetation which overhangs a public
entrance shall be properly trimmed to avoid obstruction of the view
and movements of vehicles and pedestrians.
J.
Infestation. Every building, structure, and all exterior
appurtenances on the premises shall be adequately protected against
rats, mice, termites, and other vermin. Occupants and operators shall
be responsible for extermination of rodents and vermin from that part
of the premises under their exclusive control, except where more than
one unit is infested at the same time. The owner shall also be responsible
for extermination of the infestation.
K.
Exterior appearance. Every building, structure, and
all exterior appurtenances on the premises shall be kept neat, free
from graffiti, and attractive in appearance. All wooden portions shall
be painted, stained, or receive other similar treatment as often as
necessary to maintain such appearance. Stone, brick, or other masonry
shall be kept adequately painted and maintained.
L.
Refuse, garbage and rubbish storage requirements.
Every building or structure shall have adequate refuse, garbage, or
rubbish storage containers. Garbage containers shall be kept in an
enclosed area such as a garage or building; however Village-provided
garbage containers may be stored outside where they are not visible
from the street. No occupant shall accumulate rubbish, boxes, lumber,
metal, or other materials which may attract rodents or vermin.
[Amended 6-8-2009 by Ord. No. 07-09]
M.
Accessory structures. Every accessory structure shall
be kept in good condition and repair, not obstruct light and air of
doors or windows, not obstruct a safe means of access to any building
or structure, not create fire or safety hazard, and not provide rat
or vermin harborage. All accessory structures in deteriorated condition
and not repairable shall be removed.
N.
Parking lots. Every parking lot used for business
or industrial purposes shall be kept substantially clear of debris
and shall be maintained in conformance with any standards or conditions
imposed upon the business or industrial use at the time of any site
plan and/or development plan approval.
O.
Maintenance of property complaint. Complaints alleging
a violation of this section shall be commenced by service of written
notice from the Village of Johnson Creek or its Building Inspector
of noncompliance upon the property owner. In the event that a property
owner fails to take action to bring said property into compliance
with this section within five business days of the date of said written
notice, the Village of Johnson Creek may take any and all steps necessary
to place the building, structure, or appurtenances in a condition
consistent with this section, including but not limited to directing
the Public Works Department to complete any necessary repairs and
place the costs incurred by the Village of Johnson Creek in taking
said action on the owner's tax bill as a special assessment.
[Amended 7-8-2003 by Ord. No. 20-03]
The designation of dwellings or dwelling units
as unfit for human habitation and the procedure for the condemnation
and placarding of such unfit dwellings or dwelling units shall be
carried out in compliance with the following requirements:
A.
Any dwelling or dwelling unit which shall be found
to have any of the following defects shall be condemned as unfit for
human habitation and shall be so designated and placarded by the Building
Inspector or Police Chief:
[Amended 6-12-2006 by Ord. No. 15-06]
(1)
One which is so damaged, decayed, dilapidated, unsanitary,
unsafe, or vermin infested that it creates a serious hazard to the
health or safety of the occupants or of the public.
(2)
One which lacks illumination, ventilation, or sanitation
facilities adequate to protect the health or safety of the occupants
or of the public.
(3)
One which because of its general condition or location
is unsanitary, or otherwise dangerous, to the health or safety of
the occupants or of the public.
B.
Any dwelling or dwelling unit condemned as unfit for
human habitation and so designated and placarded by the Building Inspector
or Police Chief shall be vacated within a reasonable time as ordered
by the Building Inspector or Police Chief.
[Amended 6-12-2006 by Ord. No. 15-06]
C.
No dwelling or dwelling unit which has been condemned
and placarded as unfit for human habitation shall again be used for
human habitation until written approval is secured from and such placard
is removed by the Building Inspector or Police Chief. The Building
Inspector or Police Chief shall remove such placard whenever the defect
or defects upon which the condemnation and placarding action was based
have been eliminated.
[Amended 6-12-2006 by Ord. No. 15-06]
D.
No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as provided in Subsection C.
E.
Any person affected by any notice or order relating to the condemning and placarding of a dwelling or dwelling unit as unfit for human habitation may request and shall be granted a hearing on the matter before the Building Inspector or Police Chief, under the procedure set forth in § 112-11.
[Amended 6-12-2006 by Ord. No. 15-06]
[Amended 7-8-2003 by Ord. No. 20-03; 6-12-2006 by Ord. No.
15-06]
Any person who shall violate any provision of this article or any rules or regulations adopted by the Building Inspector or Police Chief pursuant to authority granted by this article shall, upon conviction, be punished by a civil forfeiture as provided in Chapter 60, Penalties, and in default of payment of such forfeiture by imprisonment for not less than one day nor more than 20 days. Each day of failure to comply with any such provision shall constitute a separate violation.
