[HISTORY: Adopted by the Common Council of
the City of Jefferson 8-6-2002 by Ord. No. 7-02 as Ch. 15 of the 2002
Code. Amendments noted where applicable.]
The following definitions will apply in the
interpretation and enforcement of this chapter. Whenever the words
"dwelling," "dwelling unit," "rooming house," "rooming unit" or "premises"
are used in this chapter, they shall be construed as though they were
followed by the words "or any part thereof."
A space of full story height below the first floor which
is not designed or used primarily for year-round living accommodations.
Space partly below grade, which is designed and finished as habitable
space, is not defined as basement space. (Reference: See page 14,
FHA No. 300, dates 1/1960. This shall be referred to throughout this
chapter.)
The Building/Zoning Inspector of the City of Jefferson, Wisconsin,
or his duly authorized representative.[1]
A portion of a building located partly or wholly underground
and having 2/3 or more of its clear floor-to-ceiling height below
the average grade of the adjoining ground. (See "basement" for reference.)
Any building which is wholly or partly used
or intended to be used for living or sleeping by human occupants,
provided that temporary housing, as hereinafter defined, shall not
be regarded as a dwelling.
Any 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.
The control and elimination of insects, rodents, or other
pests by eliminating their harboring places, by removing or making
inaccessible materials which may serve as their as their food, by
poisoning, spraying, fumigating, or trapping or by other recognized
and legal pest elimination methods approved by the Health Officer.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
A room or other enclosed floor space used or intended to
be used for living, sleeping, cooking or eating purposes, including
bathrooms, water closet compartments, laundries, pantries, foyers,
or communal corridors, closets and storage spaces.
The Health Officer of the City of Jefferson, Wisconsin, or
his duly authorized representative.
The presence within or around a dwelling of any insects,
rodents or other pests.
Any dwelling containing more than two dwelling units.
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.
The temperature which is 15° F. above the lowest recorded
temperature for the previous ten-year period (lowest temperature,
1959: -32° F.). Figure winter base temperature not less than -17°
F. with inside room temperature of +70° F. minimum for range (bathroom
+80° F.).
Any person who, alone or jointly or severally with others:
Shall have legal title to any dwelling unit,
with or without accompanying actual possession thereof; provided,
however, that whenever the dwelling or dwelling unit is subject to
land contract, lease with option to purchase, or any other form of
written contact under the terms of which any person is entitled to
a conveyance of legal title upon payment of a specified sum, the term
"owner" shall mean the person who shall have such a contractual right,
rather than the person who is holding the legal title; or
Shall have charge, care or control of any dwelling or dwelling unit as executor, executrix, trustee, receiver or guardian of the owner as defined in Subsection A immediately preceding. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter to the same extent as if he were the owner. Any person acting as the agent of the owner shall not be construed to be the owner within the terms of this chapter but shall be bound to notify the owner, by means of registered letter addressed to the owner at his last known address, of any order or notice to be issued by the Health Officer or Building/Zoning Inspector relating to the property of the owner.
Includes any individual, firm, corporation, association or
partnership.
Includes all of the following supplied facilities and equipment:
gas pipes, gas-burning equipment, water pipes, garbage disposal equipment,
waste pipes, water closets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clothes-washing machines, catch
basins, drains, vents, floor drains, laundry traps, drinking fountains,
gutters, downspouts, area drains, lines, sanitary and storm sewer
systems, subsoil drainage and any other supplied fixtures, together
with all connections to water, sewer or gas lines.[2]
Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping but not for cooking
or eating purposes.
Combustible or noncombustible waste materials, except garbage,
and the term shall include the residue from the burning of wood, coal,
coke and other combustible material, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, leaves,
tin cans, metals, mineral matter, glass, crockery, or dust.
Paid for, furnished or 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 utilities system on the
same premises for more than 30 consecutive days.
[1]
Editor's Note: Throughout this chapter, references
to the "Superintendent of Inspections" were amended to read "Building/Zoning
Inspector" 10-18-2005 by Ord. No. 17-05.
[2]
Editor's Note: The former definition of "rooming house," which immediately followed this definition, was repealed 7-21-2015 by Ord. No. 6-15. This ordinance also provided that it is the intent of the City to replace the definition of "rooming house" with the definition of "family unit" in Ch. 300, Zoning.
The Health Officer and Building/Zoning Inspector
are hereby severally authorized and directed to make inspections to
determine the condition of dwellings, dwelling units, and premises
located within the City, in order that they may perform their duty
of safeguarding the health and safety of the occupants of dwellings
and of the general public. For the purpose of making such inspections,
the Health Officer and Building/Zoning Inspector are hereby severally
authorized to enter, examine, and survey, at proper times, after due
notice, all 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 Health Officer and Building/Zoning
Inspector access to such dwelling, dwelling unit or rooming unit and
its premises at proper times after due notice for the purpose of such
inspection, examination and survey. Every occupant of a dwelling unit
or dwelling 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 chapter.
A.
Whenever the Health Officer determines that there
are reasonable grounds to believe that there has been a violation
of any provision of this chapter which affects the health of the occupants
of any dwelling, dwelling unit or rooming unit, or the health of the
general public, or whenever the Building/Zoning Inspector determines
that there are reasonable grounds to believe that there has been a
violation of any such provisions which affects the safety of any such
occupants or the safety of the general public, the Health Officer
or the Building/Zoning Inspector, as the case may be, shall give notice
of such alleged violation to the person or persons responsible therefor
and to any known agent of such person, as herein provided.
(1)
Such notice shall:
(a)
Be put 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; and
(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 sent by registered mail to his last known address,
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
chapter.
B.
Any person affected by any such notice issued by the
Health Officer or Building/Zoning Inspector may request and shall
be granted a hearing on the matter before the Board of Zoning Appeals
of the City of Jefferson, provided that such person shall file in
the office of the Health Officer or Building/Zoning Inspector, as
the case may be, within 10 days after service of the notice, a written
petition requesting such hearing and setting forth a brief statement
of the grounds therefor. Upon receipt of such petition, the Health
Officer or Building/Zoning Inspector, 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.
C.
After such hearing, the Board shall sustain, modify, or withdraw the notice, depending upon its findings as to whether the provisions of this chapter have been complied with. If the Board shall sustain or modify such notice, it shall be deemed to be an order. Any notice served pursuant to Subsection A of this section shall automatically become an order if a written petition for a hearing is not filed in the office of the Health Officer or Building/Zoning Inspector within 10 days after such notice is served. After a hearing in the case of any notice suspending any permit required by this chapter, when such notice has been sustained by the Board, the permit shall be deemed to have been revoked. Any such permit 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 Health Officer or Building/Zoning Inspector within 10 days after such notice is served.
D.
The proceedings at such hearings, including the findings
and decisions 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 an court of competent jurisdiction,
as provided by the laws of this state.
E.
Whenever the Health Officer finds that an emergency exists which requires immediate action to protect the public health, 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 chapter, such order shall be effective immediately, but upon petition to the Health Officer a hearing shall be afforded as soon as possible in the manner provided in Subsection B. After such hearing, depending upon the finding as to whether the provisions of this chapter have been complied with, the Board shall continue such order in effect or modify it or revoke it.
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, or eating therein which does
not comply with the following requirements:
B.
Every dwelling unit shall contain a room within its
walls, separate from the habitable rooms, which affords privacy to
a person within said room and which is equipped with a flush water
closet, a lavatory basin, and a bathtub or shower and the necessary
fixtures and accessories therefor, in good working condition and properly
connected to hot and cold water lines and a sanitary sewer system,
approved by the Health Officer or Building/Zoning Inspector.
D.
Every dwelling unit shall be supplied with adequate
rubbish storage facilities.
E.
Every dwelling unit shall have adequate garbage disposal facilities or garbage storage containers (refer to Chapter 235, Solid Waste).
F.
Every dwelling unit shall have safe, unobstructed
means of egress leading to safe and open space at ground level, as
required by the laws of the State of Wisconsin and ordinances of the
City of Jefferson.
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 habitable room shall have at least one window
or skylight facing directly to the outdoors. The minimum total window
area, measured between stops, for every habitable room shall be 10%
of the floor area of each room. (See Federal Housing Administration
Bulletin No. 300, Minimum Property Requirements, for Skylight Area.)
B.
Every habitable room shall have at least one window
or skylight which can easily be opened or such other device as will
adequately ventilate the room. The total of openable window area in
every habitable room shall be equal to less than 4% of the floor area,
except where there is supplied a mechanical device affording adequate
ventilation per Federal Housing Administration regulations.
C.
Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in Subsections A and B of this section, except that no window or skylight shall be required in bathrooms and water closet compartments equipped with a mechanical ventilation system per Federal Housing Administration regulations, approved by the Health Officer or Building/Zoning Inspector.
D.
Every dwelling shall have heating facilities which
are properly installed, are maintained in safe and working conditions,
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 70° F. at a distance of 30
inches above floor level, under ordinary minimum winter conditions.
E.
Every public hall and stairway in every multiple dwelling
shall be adequately lighted in conformity with the current issue of
the National Electrical Code and Federal Housing Administration regulations.
F.
Every basement shall receive natural and artificial
light and shall be ventilated according to Federal Housing Administration
requirements or equal minimum. Every basement or cellar window used
or intended to be used for ventilation and every other opening to
a basement which might provide an entry for rodents shall be supplied
with a screen or such other devices as will effectively prevent their
entrance.
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:
A.
Every foundation, floor, wall, ceiling, and roof shall
be reasonably weathertight, watertight, and rodentproof, shall be
capable of affording privacy, and shall be kept in good repair.
B.
Every window, skylight, exterior door, and basement
hatchway shall be reasonably weathertight, watertight, and rodentproof
and shall be kept in sound working condition and good repair.
C.
Every inside and outside stair, every porch, and every
appurtenance thereto shall be so constructed as to be safe to use
and capable of supporting any load that normal use may cause to be
placed thereon and shall be kept in sound condition and good repair.
D.
Every plumbing fixture and water waste pipe shall
be properly installed and maintained in good sanitary working condition,
free from defects, leaks and obstructions.
E.
Every water closet compartment floor surface and bathroom
floor surface shall be constructed and maintained so as to be reasonably
impervious to water and so as to permit such floor to be easily kept
in a clean and sanitary condition.
F.
No owner, operator, or occupant shall cause any service
facility, equipment, or utility which is required under this chapter
to be removed from, or shut off from, or discontinued for any occupied
dwelling 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, or when discontinuance of service
is approved by the Health Officer or Building/Zoning Inspector.
G.
No owner shall occupy or let to any other occupant
any vacant dwelling unit unless it is clean, sanitary, and fit for
human occupancy.
H.
Every supplied facility, piece of equipment or utility
which is required under this chapter shall be so constructed or installed
that it will function safely and effectively and shall be maintained
in satisfactory working condition.
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.
Every dwelling unit shall contain a minimum gross
floor area of not less than 150 square feet for the first occupant,
100 square feet for the second occupant, and 75 square feet for each
additional occupant. The floor area shall be calculated on the basis
of total area of all habitable rooms.
B.
In every dwelling unit of two or more rooms, every
room occupied for sleeping purposes by one occupant shall contain
at least 80 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 over 12 years
of age and at least 30 square feet for each occupant thereof under
12 years of age.
C.
At least 1/2 of the floor area of every habitable
room shall have a ceiling height of at least seven feet six inches,
and the floor area of that part of any room where the ceiling height
is less than five feet shall not be considered as part of the floor
area in computing the total floor area of the room for the purpose
of determining the maximum permissible occupancy thereof.
D.
No basement or cellar space shall be used as a dwelling
unit unless it complies with the Minimum Property Requirements (No.
300) of the Federal Housing Administration (current issue).
E.
Every dwelling unit shall be supplied with water heating
facilities which are installed in an approved manner, properly maintained,
and capable of heating water to such a temperature as to permit an
adequate amount of water to be drawn at every required kitchen sink,
lavatory basin, bathtub, shower, and laundry facility, or other similar
units, at a temperature of not less than 130° F., at any time
needed.
F.
Where there is electric service available to the building,
every habitable room of a dwelling unit shall contain at least two
separate and remote outlets, one of which may be a ceiling or wall-type
electric light fixture. Every public hall, bathroom, laundry room,
or furnace room shall contain at least one electric light fixture.
In addition, every bathroom and laundry room shall be provided with
at least one electric outlet.
G.
From May 1 to October 1, in every dwelling unit, for
protection against mosquitoes, flies and other insects, every door
opening directly from a dwelling unit to outdoor space shall have
supplied and installed screens and a self-closing device, and every
window or other device with openings to outdoor space, used or intended
to be used for ventilation, shall likewise be supplied with screens
installed.
A.
Every owner of a dwelling containing more than four
dwelling units shall be responsible for maintaining in a clean, sanitary
condition the shared or public area of the dwelling and premises thereof.
B.
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 occupies and controls.
D.
Every occupant of a dwelling or dwelling unit shall dispose of all his garbage and any other organic waste which might provide food for rodents in a clean and sanitary manner by placing it in the garbage disposal facilities or garbage storage containers required by § 154-4E of this chapter. It shall be the responsibility of the owner to supply such facilities or containers for all dwelling units in a dwelling containing more than four dwelling units located on the premises where more than four dwelling units share the same premises. In all other cases, it shall be the responsibility of the occupant to furnish such facilities or containers. (See also Chapter 235, Solid Waste.)
E.
Every occupant of a dwelling or dwelling unit shall
be responsible for hanging all screens whenever the same are required
under the provisions of this chapter or of any rule or regulation
adopted pursuant thereto, except where the owner has agreed to supply
such service.
F.
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 whenever his 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 ratproof or reasonably insectproof
condition, extermination shall be the responsibility of the owner.
G.
Every occupant of a dwelling shall keep all plumbing
fixtures therein in a clean and sanitary condition and shall be responsible
for the exercise of reasonable care in a proper use and operation
thereof.
No person shall operate a rooming house or shall occupy or let to another for occupancy any rooming unit in any rooming house except in compliance with the provisions of every section of this chapter, except the provisions of §§ 154-4 and 154-8.
A.
No person shall operate a rooming house unless he
holds a valid rooming house permit issued by the office of the City
Clerk/Treasurer in the name of the operator and for the specific dwelling
unit. The operator shall apply to the office of the Building/Zoning
Inspector for a permit, which shall be issued by the office of the
City Clerk/Treasurer upon compliance by the operator to the satisfaction
of the Building/Zoning Inspector with the applicable provisions of
this chapter. The permit shall be displayed in a conspicuous place
within the rooming house at all times. No such permit shall be transferable.
Every person holding such permit shall give notice in writing to the
office of the City Clerk/Treasurer and the Building/Zoning Inspector
within 24 hours after having sold, transferred, given away, or otherwise
disposed of ownership of, interest in, or control of any rooming house.
Such notice shall include the name and address of the person succeeding
to the ownership or control of such rooming house. Every rooming house
permit shall expire at the end of one year following its date of issuance,
unless sooner suspended or revoked as hereinafter provided.
B.
Any person whose application for a permit to operate a rooming house has been denied may request and shall be granted a hearing on the matter, under the procedure provided by § 154-3 of this chapter.
C.
Whenever upon inspection of any rooming house the
Health Officer or Building/Zoning Inspector finds that conditions
or practices exist which are in violation of any provisions of this
chapter, the Health Officer or Building/Zoning Inspector shall give
notice in writing to the operator of such rooming house that unless
such conditions or practices are corrected within a reasonable period,
such period to be determined by the Health Officer or Building/Zoning
Inspector, the operator's rooming house permit will be suspended.
At the end of such period, the Health Officer or Building/Zoning Inspector
shall reinspect such rooming house, and if he finds that such conditions
or practices have not been corrected he shall give notice in writing
to the operator that the latter's permit has been suspended. Upon
receipt of notice of suspension, such operator shall immediately cease
operation of such rooming house and no person shall occupy for sleeping
or living purposes any rooming unit therein.
D.
Any person whose permit to operate a rooming house has been suspended or who has received notice from the Health Officer or Building/Zoning Inspector that his permit is to be suspended unless existing conditions or practices at his rooming house are corrected may request and shall be granted a hearing on the matter before the Board of Zoning Appeals under the procedure provided by § 154-3 of this chapter, provided that, if no petition for such hearing is filed within 10 days following the day on which such permit was suspended, such permit shall be deemed to have been automatically revoked.
E.
At least one flush water closet, lavatory basin and
bathtub or shower, properly connected to a water and sanitary sewer
system approved by the Building/Zoning Inspector and in good working
condition, shall be supplied for each 10 persons or fraction thereof
residing within a rooming house, including members of the operator's
family wherever they share the use of said facilities, provided that
in a rooming house where rooms are let only to males, tank system
urinals of the floor-resting type fixtures may be substituted for
not more than 1/2 of the required number of water closets. All such
facilities shall be so located within the dwelling as to be reasonably
accessible from a common hall or passageway to all persons sharing
such facilities. Every lavatory basin and bathtub or shower shall
be supplied with hot water at all times. No such facilities shall
be located in a basement except by written approval of the Health
Officer or Building/Zoning Inspector.
F.
The operator of every rooming house shall change supplied
bed linen and towels therein a least once a week and prior to the
letting of any room to any occupant. The operator shall be responsible
for the maintenance of all supplied bedding in a clean and sanitary
manner.
G.
Every room occupied for sleeping purposes by one person shall contain at least 80 square feet of floor space and every room occupied for sleeping purposes by more than one person shall contain at least 40 square feet of floor space for each occupant thereof over 12 years of age, and at least 30 square feet for each occupant therein under 12 years of age, as computed in accordance with § 154-7C of this chapter.
H.
Every rooming unit shall have safe, unobstructed means
of egress leading to safe and open space at ground level, as required
by the laws of this state and City.
I.
The operator of every rooming house shall be responsible
for the sanitary maintenance of all walls, floors, and ceilings and
for maintenance of a sanitary condition in every other part of the
rooming house and shall be further responsible for the sanitary maintenance
of the entire premises where leased or occupied by the operator.
J.
Every provision of this chapter which applies to rooming
houses shall also apply to efficiency apartments, motels, cabins,
hotels, and similar accommodations except to the extent that any such
provision may be found in conflict with the laws of this state or
with the lawful regulations of any state board or agency.
K.
The Health Officer is empowered to suspend the operation of § 154-7A and B and/or 154-9G hereof by special or general order in writing, when he shall deem an emergency exists which, in his discretion, shall warrant such suspension; provided, however, that no such general or special order so suspending operation of § 154-7A and/or 154-9G shall be of a duration longer than 10 days.
[Amended 10-18-2005 by Ord. No. 17-05]
Any person violating any of the terms of this
chapter shall forfeit a fine of not less than $5 nor more than $25,
together with cost of prosecution, provided that for violation of
any condition that can be corrected by modification or repair, the
failure to correct or rectify such defect within a reasonable time
shall constitute a separate violation and be subject to penalties
herein provided.
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 this City existing on
the effective date of this chapter, the provision which establishes
the higher standard for the promotion and 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 this City existing on the effective date
of this chapter which establishes 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, and such other ordinances
or codes are hereby declared to be repealed to the extent that they
may be found to be in conflict with this chapter.
[Added 5-27-2014 by Ord. No. 13-14]
A.
The Common Council of the City of Jefferson hereby adopts § 106.50,
Wis. Stats., as amended, and all subsequent amendments thereto.
B.
The officials and employees of the City of Jefferson shall assist
in the orderly prevention and removal of all discrimination in housing
within the City of Jefferson by implementing the authority and enforcement
procedures set forth in § 106.50, Wis. Stats., as amended.
C.
The Municipal Clerk shall maintain forms for complaints to be filed
under § 106.50, Wis. Stats., as amended, and shall assist
any person alleging a violation thereof in the City of Jefferson to
file a complaint thereunder with the Wisconsin Department of Work
Force Development, Equal Rights Division, for enforcement of § 106.50,
Wis. Stats., as amended.
