[Adopted 4-13-1999 by Ord. No. 99-005
(Ch. 133)]
This article shall be known as the "City of Oconto Falls Minimum Housing
Code."
A.
This article is adopted for the purpose of preserving
and promoting the public health, safety, comfort, convenience, prosperity,
and general welfare of the people of the City and environs, including, among
others, physical, aesthetic, and property values.
B.
It is recognized that there may now be or may in the
future be residential buildings, structures, yards or vacant areas, and combinations
thereof which are so dilapidated, unsafe, dangerous, unhygienic, overcrowded,
unsightly and inadequately maintained or lacking basic equipment or facilities,
light, ventilation, and heating so as to constitute a menace to the health,
safety, and general welfare of the people. The establishment and enforcement
of minimum housing and property maintenance standards are necessary to preserve
and promote the private and public interest.
A.
Rules. In the construction of this article, the rules
and definitions contained in this section shall be observed and applied, except
when the context clearly indicates otherwise.
(1)
Words used in the present tense shall include the future.
(2)
Words used in the singular number shall include the plural
number, and the plural the singular.
(3)
The word "shall" is mandatory and not discretionary.
(4)
The word "may" is permissive.
(5)
The phrase "used for" shall include the phrases "arranged
for," "designed for," "intended for," "maintained for" and "occupied for."
B.
ADEQUATE
ADEQUATELY
APARTMENT
APPROVED
ATTRACTIVE APPEARANCE
BASEMENT
BOARDINGHOUSE
BUILDING
BUILDING INSPECTOR
CAPACITY IN PERSONS
CELLAR
COMPLIANCE INSPECTION
DWELLING
DWELLING UNIT
ELECTRICAL SERVICE
EXTERMINATION
FAMILY
FRIABLE MATERIAL
GARBAGE
GOOD WORKING CONDITION
HABITABLE ROOM
HABITABLE SPACE
HEALTH OFFICER
IMPERVIOUS TO WATER
INFESTATION
LIVING ROOM
LODGING HOUSE
LODGING ROOM
MIXED OCCUPANCY
MULTIPLE DWELLING
OCCUPANT
OPERATOR
ORDINARY MINIMUM WINTER CONDITIONS
OWNER
(1)
(2)
PERSON
PLUMBING
RESIDENTIAL BUILDING
(1)
(2)
ROOM
ROOMING HOUSE
ROOMING UNIT
RUBBISH
SLEEPING ROOM
STRUCTURE
SUPPLIED
TEMPORARY HOUSING
Definitions. The following definitions shall be applicable
in this article:
Adequate as determined by the Building Inspector under the regulations
of this article or adequate as determined by an authority designated by law
or this Code.
The same as "adequate."
One or more rooms with provisions for living, cooking, sanitary,
and sleeping facilities arranged for use by one family.
Approved by the Building Inspector under the regulations of this
article or approved by an authority designated by law, this article or this
Code.
An appearance which is in accordance with the generally accepted
professional practices for new construction within the City and which is not
likely to adversely affect the values of abutting or neighborhood properties
or of the principal property.
A portion of a building located partly or wholly underground and
having half or more than half of its clear floor-to-ceiling height below the
average grade of the adjoining ground.
See "lodging house" and "lodging room."
A combination of material to form a construction that is safe and
stable and adapted to permanent or continuous occupancy for assembly, business,
educational, high hazard, industrial, institutional, mercantile, residential,
or a storage purpose; the term "building" shall be construed as if followed
by the words "or portion thereof." For the purpose of this article, each portion
of a building completely separated from other portions by an unpierced fire
wall shall be considered as a separate building.
The Building Inspector of the City of Oconto Falls, Wisconsin, or
his duly authorized representative.
The maximum number of persons that can occupy a building, as determined
by the required floor space per person as established in this article.
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 definition of "basement" for reference.)
An inspection performed in conjunction with a lawful order of the
Common Council or Building Inspector for the purpose of certifying the fulfillment
of an official requirement listed in the order.
Any building which is wholly or partly used or intended to be used
for living or sleeping by one or more human occupants, excluding hotels or
motels, provided that temporary housing as hereinafter defined shall not be
regarded as a dwelling.
One or more rooms with provisions for living, cooking, sanitary,
and sleeping facilities arranged for use by one family.
The conductors and equipment for delivering electrical energy from
the supply system to the wiring system of the premises or the dwelling unit
served.
The control and elimination of insects, rodents, or other pests by
eliminating their harborage places, by removing or making inaccessible materials
which may serve as their food, by poisoning, spraying, fumigating, or trapping
or by other recognized and legal pest elimination methods approved by the
Health Officer.
An individual or two or more persons related by blood, marriage,
or legal adoption living together as a single housekeeping unit in a dwelling
unit, including foster children and not more than two roomers. For the purpose
of this definition, "children" means natural children or a ward as determined
in a legal guardianship proceeding. Up to two personal attendants who provide
services for family members or roomers who, because of advanced age or physical
or mental disability, need assistance with activities of daily living shall
be considered part of the family. Such services may include personal care,
housekeeping, meal preparation, laundry or companionship.
Material applied on ceilings, walls, structural members, piping,
duct work, or any other part of a building which when dry may be crumbled,
pulverized, or reduced to powder by hand pressure. The term includes nonfriable
material after such previously nonfriable material becomes damaged to the
extent that when dry it may be crumbled, pulverized, or reduced to powder
by hand pressure.
The animal and vegetable waste resulting from the handling, preparation,
cooking and consumption of food.
Capable of performing the task for which it was designed and in the
manner intended by this article.
A room or other enclosed floor space used or intended to be used
for living, sleeping, cooking or eating purposes, excluding bathrooms, water
closets, basements, compartments, laundries, pantries, foyers, or communicating
corridors, closets and storage spaces.
See "habitable room."
The Health Officer of the City of Oconto Falls, Wisconsin, or his
duly authorized representative.
Constructed of concrete, cement block, terrazzo, brick, tile, or
other material approved by the Building Inspector and having tight-fitting
joints.
The presence within or around a dwelling of any insects, rodents
or other pests.
A room used primarily for living, dining, or cooking purposes.
A dwelling containing lodging rooms that will accommodate five or
more persons not members of a family.
A portion of a dwelling used primarily for sleeping and living purposes,
excluding cooking facilities.
Occupancy of a building in part for residential use and in part for
some other use not accessory thereto.
Any dwelling containing more than two 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. Figure a winter base temperature not less
than -15° F. with inside room temperature of plus 70° F. minimum for
range (bathroom plus 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 a conditional sales contract, lease with option
to purchase, or any other form of written contract 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 (1) immediately preceding. Any such person thus representing the actual owner shall be bound to comply with the provisions of this article 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 article but shall be bound to notify the owner by means of a 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 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.
A building which is arranged, designed, used, or intended to be used
for residential occupancy by one or more families or lodgers and which includes,
but is not limited to, the following types:
For the purpose of this article, any building containing any of the
above uses together with other uses shall be considered a residential building.
A partitioned part of the inside of a building. For the purpose of
this definition, "partition" shall mean something that divides interior space,
especially an interior dividing wall. A wall is one of the sides of a room
or building connecting floor and ceiling and may also include anything which
encloses or separates space. A partition or wall which intrudes into the space
by more than 1/3 of the least dimension of an existing room may be regarded
as creating an additional separate room. The partitioned space shall be considered
as a room if privacy is implied; light and ventilation are affected; or a
bedroom through a bedroom, bathroom through a bedroom or bedroom through a
bathroom situation is created.
See "lodging house" and "lodging room."
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 materials, paper, rags, cartons, boxes, wood excelsior,
rubber, leather, tree branches, yard trimmings, leaves, tin cans, metals,
mineral matter, glass, crockery or dust.
A room used for sleeping purposes.
Anything constructed or erected, the use of which requires more or
less permanent location on the ground, or attached to something having permanent
location on the ground.
Paid for, furnished or provided by or under the control of the owner
or operator.
C.
Whenever the words "dwelling," "dwelling unit," "rooming
house," "rooming unit" or "premises" are used in this article, they shall
be construed as though they were followed by the words "or any part thereof."
The Health Officer and Building Inspector are hereby severally authorized
and directed to make inspections to determine the condition of dwellings,
dwelling units, and premises located within this 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 inspection,
the Health Officer and Building 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 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 article.
A.
Enforcement orders. Whenever the Health Officer 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 whenever the Building Inspector determines that there are reasonable
grounds to believe that there has been a violation of any such provision which
affects the safety of any such occupants or the safety of the general public,
the Health Officer or the Building 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 thereinafter 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.
(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 provision of this article.
B.
Board of Appeals hearing. Any person affected by any
such notice issued by the Health Officer or Building Inspector may request
and shall be granted a hearing on the matter before the Board of Appeals of
the City of Oconto Falls, provided that such person shall file in the office
of the Health Officer or Building 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 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.
Board of Appeals ruling. After such hearing the Board shall sustain, modify or withdraw the notice, depending upon its findings as to whether the provisions of this article 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 Inspector within 10 days after such notice is served. After a hearing, in the case of any notice suspending any permit required by this article, 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 hearing is not filed in the office of the Health Officer or Building Inspector within 10 days after such notice is served.
D.
Written record. The proceeding 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 office 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.
Emergency. Whenever the Building Inspector or Health Officer finds that an emergency exists which requires immediate action to protect the public health and 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 Health Officer, the person subject to the order shall be afforded a hearing as soon as possible in the manner provided in Subsection B. After such hearing, depending upon the findings as to whether the provisions of this article have been complied with, the Board shall continue such order in effect, or modify it, or revoke it.[1]
A.
Purpose. The purpose of this section is to establish
minimum standards for basic equipment, lighting, ventilation, and electrical
services for all residential buildings and parts thereof and to obtain the
public and private benefits accruing from the provision of such services.
A suitable environment for safe and healthy living is encouraged by adequate
water and sanitary facilities; proper storage and disposal of garbage, recyclables
and other refuse; safe means of egress; and provision of light, air, heat,
and electrical service.
B.
Minimum standards. 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:
(1)
Plumbing requirements.
(a)
Basic residential requirements. Every dwelling unit shall
contain a kitchen sink, a flush water closet, a lavatory basin, and a bathtub
or shower, all in good working condition and properly connected to hot and
cold water lines and to an approved water and sewer system. The flush water
closet, lavatory basin, and bathtub or shower shall be contained within a
separate room. Water pressure shall be available at all fixtures as specified
in § Comm 82.40, Wisconsin Administrative Code.
(b)
Water heating facilities. Every residential building
shall have supplied water heating facilities which are properly installed,
are maintained in a safe and good working condition, are properly connected
with the hot-water lines required hereunder and are capable of heating water
to such temperature as to permit an adequate amount of water to be drawn at
any required kitchen sink, lavatory basin, bathtub, or shower at a temperature
of not less than 110° F.
(c)
Basic lodging requirements. Each lodging house shall
provide at least one flush water closet, lavatory basin, and bathtub or shower,
properly connected to an approved water and sewer system and in good working
condition, for each seven persons or fraction thereof residing therein, including
members of the operator's family wherever they share the use of said facilities,
except that the required number of bathtubs or showers may be reduced by the
Board of Appeals for lodging houses utilizing gang bathrooms containing multiple
bathtubs or showers. All such facilities shall be located on the floor occupied
by persons sharing such facilities or the floor directly above or below and
shall be accessible from a common hall or passageway. Every lavatory basin
and bathtub shall be supplied with hot water at all times.
(2)
Refuse storage. Each occupant in every residential building
shall be responsible for supplying such building with garbage, refuse, and
recyclable material storage facilities, the type and location of which are
in compliance with City regulations.
(3)
Refuse disposal.
(a)
Each occupant in every residential building shall be
responsible for ensuring that garbage, refuse, and recyclable materials do
not accumulate in excessive proportions within the dwelling unit and are disposed
of in compliance with City regulations.
(b)
Each operator of every residential building shall be
responsible for ensuring that each occupant does not permit garbage, refuse,
and recyclable materials to accumulate in excessive proportions within the
dwelling unit and that such garbage, refuse, and recyclable materials are
disposed of in compliance with City regulations.
(5)
Windows and ventilation.
(a)
Every living room, sleeping room, kitchen or bathroom
shall have available natural light and ventilation complying with § Comm
21.05 or Ch. Comm 64, Wisconsin Administrative Code, as dictated by the occupancy
of the building. Existing light and ventilation conditions which do not comply
with Department of Commerce Codes may remain in use with the granting of a
variance by the Board of Appeals.
(b)
Exhaust ventilation shall be installed in all toilet
rooms. The volume of air exhausted shall not be less than 50 cubic feet per
minute.
(c)
All doors and windows required for ventilation shall
be protected with insect screen equivalent to not less than 16 wire mesh installed
to prevent the entrance of flies, mosquitoes and other insects, to be installed
prior to May 31 annually and maintained until storm windows are installed
in autumn.
(d)
All exterior door and windows shall have storm windows
or storm doors installed or maintained to prevent excessive drafts and heat
loss no earlier than October 15 but no later than November 15 annually.
(e)
Existing habitable rooms without openable windows shall
be provided with a mechanical ventilation system producing one air exchange
per hour. All required exhaust vents shall terminate outside the structure.
(6)
Electrical. Every dwelling unit and all public and common
areas in multiple dwellings shall be supplied with electric service, outlets,
and fixtures which shall be properly installed, shall be maintained in good
and safe working condition, and shall be connected to a source of electric
power in a manner prescribed by the Wisconsin Electrical Code (Chapter Comm.
16, Wisconsin Administrative Code). The minimum capacity of such electrical
services and the minimum number of outlets and fixtures shall be as listed
below. The electrical service shall be of sufficient size to handle the load
connected to it. The branch circuits shall be protected by S-type or equivalent
safety type, tamper-proof fuses, not to exceed the ampacity of the smallest
wire size in the circuit.
(a)
Every dwelling unit or room shall have electric service
capable of providing at least three watts per square foot of total floor area
(air conditioners, ranges, space heaters and motor-driven equipment 1/8 horsepower
or over excluded).
(b)
Every lavatory, bathroom, kitchen or kitchenette, dining
room, laundry room and furnace room shall contain at least one approved ceiling
or wall-type electric light fixture equipped with sufficient lamps or tubes
to provide no less than five footcandles at floor level at the center of the
room. Where more than one fixture is used or required, they shall be equally
spaced as far as practicable. (A switch outlet may be substituted for the
ceiling or wall fixture in the dining room.)
(c)
Convenience outlet receptacles shall be provided as follows
(measurements are at room perimeter and include doors and door alcoves):
[1]
Living room: one per 75 square feet or major fraction
thereof; minimum of two.
[2]
Dining room: one per 75 square feet or major fraction
thereof; minimum of two.
[3]
Kitchen: one per eight feet or fraction of countertop
and preparation area measured at rear (preparation area includes countertops,
sinks, range tops, and all other similar areas at counter height). Island-type
work areas require one for each eight feet or less of length. Separate outlets
shall be provided for refrigerators.
[4]
Dining areas in kitchen: one per 75 square feet or major
fraction thereof.
[5]
Bedroom: one per 75 square feet or major fraction thereof;
minimum of two.
[6]
Laundry: one when laundry equipment is present.
[7]
Bathrooms and lavatories: one; may be part of wall fixture
if 72.0 inches or less from floor.
[8]
Other habitable rooms: minimum of two.
(d)
Fixed appliances exceeding a rating of 1/8 horsepower
or 300 watts shall not be connected to general purpose branch circuits. Convenience
outlets are to be located to prevent use of extension cords (National Electric
Code 400-8).
(e)
All cords and temporary wiring not in compliance with
National Electric Code Article 400-A and all exposed abandoned wiring shall
be removed immediately upon the direction of the Building Inspector.
(f)
Switches or equivalent devices for turning on one light
in each room or passageway shall be located so as to conveniently control
the area to be lighted.
(g)
Public halls and stairways in multiple dwellings shall
be adequately lighted by natural or electric light at all times so as to provide
in all parts thereof at least 2 1/2 footcandles of light at the tread
or floor level. Halls and stairways in structures containing not more than
three dwelling units may be supplied with conveniently located switches, controlling
the lighting system, which may be turned on when needed. Other occupancies
require full-time or automatic time-switched lighting. When dwelling unit
doors open to the outside a minimum of 2 1/2 footcandles of illumination
at the locks is required. Required parking areas for more than three cars
shall be lighted to a minimum of one footcandle on all surfaces.
(h)
When the service in an existing residential building
is changed for any reason, the entire building electrical system shall be
brought to the above minimum standards. The minimum replacement electrical
service shall be 100 amps for the first two dwelling units in a building and
50 amps for each additional unit. Where electric heat and air conditioners
over 20 amps are added or in place, additional capacity to cover this demand
is required. All electrical work shall be done in accordance with the National
Electric Code. In addition, the structure shall be served by a smoke alarm
system that is wired from two separate branch circuits and all alarms are
to be interconnected. When one alarm sound they all will generate a warning.
(7)
Heating.
(a)
All habitable rooms shall be provided with a permanently
connected heating system complying with City ordinances.
(b)
Every dwelling unit shall have heating facilities which
are properly installed and are maintained in a safe, adequate, and efficient
condition by a qualified person, and a record shall be kept at the premises
showing the date of service and by whom.
[1]
The central heating unit shall be in good operating condition.
[2]
Every heat duct, steam pipe, and hot-water pipe shall
be free of leaks and shall function so that an adequate amount of heat is
delivered where intended.
[3]
Every seal between the sections of a warm air furnace
shall be tight, so noxious gases will not escape into heat ducts.
(c)
Every space heater shall comply with the City building
and heating codes and Wisconsin Administrative Code, when applicable, and
with all the following requirements:
(d)
All habitable rooms, bathrooms and water closet compartments
in every dwelling unit located therein shall be heated to a temperature of
at least 70° F., at a distance of 30 inches above floor level when the
outdoor temperature is at or above -15° F.
(e)
The occupant of a room, apartment, or dwelling unit may
maintain a lesser temperature than is specified above as long as it does not
affect the temperature in other habitable areas of the building.
(8)
Lighting.
(a)
Illumination shall be provided at all intersections of
passageways, at all exits, and at the head, foot, and landings of every stairway
in all buildings accommodating transients, three or more apartments, and lodging
houses. The illumination shall be provided during a period one hour before
sunset to one hour after sunrise.
(b)
Every residential building that will accommodate transients,
three or more families, or 20 persons shall have exit lights at the emergency
exit doors or other places as may be necessary to direct the occupant to the
exit doorways. The lights shall be red and accompanied by a sign bearing the
word "Exit" in the English language and in plain letters five inches high,
or a red illuminated translucent exit sign may be used. Emergency backup lighting
may be required in rooms permitting occupancy of 10 or more persons.
(9)
Cooking areas restricted.
(a)
The owner or operator of every residential building shall
not provide, use, or permit to be used and the occupant shall not provide,
use or permit to be used, in any room other than a kitchen, any equipment
designed or intended to be used for cooking or preparation of meals.
(b)
The owner or operator of every residential building shall
not provide, use, or permit to be used and the occupant shall not provide,
use or permit to be used, in the interior of any dwelling unit, on any roof,
or any deck attached to the exterior of any dwelling unit, or within five
feet of any wall of any dwelling unit, a barbecue grill designed or intended
to be used for cooking or preparation of meals.
(10)
Emergency work information. Every owner of a multifamily
dwelling unit shall make available to the occupants the names of two or more
persons that may be called to arrange for emergency work. The names with the
telephone numbers shall be posted in a conspicuous place readily accessible
to the occupants. The names with the telephone numbers shall be revised periodically
to maintain accurate information at all times.
A.
Purpose. The purpose of this section is to recognize
the private and public benefits resulting from the safe, sanitary, and attractive
maintenance of residential buildings, yards, or vacant areas. Attractive and
well-maintained property will enhance the neighborhood and City and provide
a suitable environment for increasing physical and monetary values.
B.
Maintenance requirements. Every owner or operator shall
improve and maintain all property under his control to comply with the following
minimum requirements:
(1)
Drainage.
(a)
All courts, yards, or other areas on the premises shall
be properly graded to divert water way from the building. Adjacent ground
surface shall be sloped away from the structure with a grading of at least
1/2 inch per foot for a minimum of five feet where possible or by other means
such as eaves troughs and downspout extensions.
(b)
Yards shall not be graded or landscaped in such a manner
to intentionally cause water to be diverted onto adjoining properties.
(c)
Water shall not be permitted to drain from paved driveways,
paved parking areas, rooftops, eaves troughs or downspouts onto adjoining
properties.
(d)
Water from rooftops, eaves troughs, downspouts, sump
pumps or surface drainage shall not be diverted via direct connections to
the municipal sanitary sewer system. Existing connections shall be severed,
at the owner's expense and in accordance with this Code, as of the date of
adoption of this article.
(2)
Weeds. All exterior property areas shall be kept free
from noxious weeds as required by the Oconto Falls Code and Wisconsin Statutes.
Where required weed and grass cutting is not performed by the property owner,
the Administrator - Clerk/Treasurer or designee shall perform said weed cutting
and process the charge therefor as a special charge against the benefitted
property.
(3)
Debris. All exterior property areas shall be properly
maintained in a clean and sanitary condition free from debris, rubbish or
garbage, physical hazards, rodent harborage and infestation, and animal feces.
All animal feces shall be removed as required by this Code.[1]
(4)
Fences, walks and parking areas. Fences, other minor
constructions, walks, driveways, parking areas, and similar paved areas shall
be properly maintained in a safe, sanitary and substantial condition. Approved
walks shall provide convenient all-weather access to buildings.
(5)
Exterior surfaces. Exterior surfaces of buildings and
structures not inherently resistant to deterioration shall be treated with
a protective coating of paint or other suitable preservative which will provide
adequate resistance to weathering and maintain an attractive appearance. Any
exterior surface treated with paint or other preservative shall be maintained
so as to prevent chipping, cracking, or other deterioration of the exterior
surface treatment and to present an attractive appearance. All paint or other
preservative shall be applied in a workmanlike fashion.
(6)
Yard areas. Yard areas of real estate shall not be permitted
to deteriorate or remain in a condition that is not in accord with the following:
(a)
Yard areas shall be kept in a clean and sanitary condition,
free from any accumulation of combustible or noncombustible materials, debris,
or refuse. Orderly staked firewood consisting of unmilled and unsawed wood
products in minimal quantities is permitted.
(b)
Yards shall not be used to store appliances, furnaces,
hot-water heaters, water softeners, or building material not used within 10
days, or any unsightly bulk items.
(c)
Landscaping, plantings and other decorative surface treatments,
including common species of grass, shall be installed if necessary and maintained
to present an attractive appearance in all court and yard areas. Lawns shall
be maintained to a height in compliance with this Code.
(d)
Plantings shall be maintained as not to present hazards
to adjoining properties or to persons or vehicles traveling on public ways
and shall be maintained so as to enhance the appearance and value of the property
on which located, and thereby the appearance and value of the neighborhood
and City. The City, after due notice to the property owner, will cause to
be cut or trimmed nonconforming areas and place said cost as a special charge
due against the property.
(7)
General requirements.
(a)
Every interior floor, wall, and ceiling, including door
and window assemblies, shall be kept clean and in good repair and shall be
capable of affording privacy. Any hazardous sagging or bulging shall be properly
repaired to a level or plumb position. All surfaces shall be free from serious
cracking, irregularities, and peeling paint. A waterproof and hard surface
shall be provided in spaces subject to moisture. All surface repairs shall
be completed to closely match the existing surface color and texture. Floor
surfacing shall provide ease of maintenance and durability appropriate for
the use of the room.
(b)
Every foundation, exterior wall, and floor and roof shall
be reasonably weathertight, watertight, and rodentproof and shall be kept
in proper repair and shall be capable of affording privacy. Any hazardous
sagging or bulging shall be properly repaired to a level or plumb position.
All chimneys and breaching shall be so constructed and maintained as to ensure
that it safely and properly removes the products of combustion from the building
and is not hazardous to the structure's occupants or the general public.
(c)
Every gap allowing the accumulation of dirt or other
objectionable matter in bathing, toilet, or food preparation areas shall be
tightly sealed with an impervious and cleanable material.
(8)
Stairs. 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 the load that normal use may cause to be placed
thereon and shall be kept in proper condition and repair and shall present
an attractive appearance. All interior and exterior stairs and steps and every
appurtenance thereto shall comply with the requirements specified in § Comm
21.04, Wisconsin Administrative Code, as dictated by the type of occupancy
in the building.
(9)
Plumbing fixtures. Every plumbing fixture and water pipe
shall be properly installed and maintained in good working condition, free
from defects, leaks, and obstructions.
(10)
Bathrooms. Every water closet compartment floor surface
and bathroom floor surface shall be properly 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, sanitary condition.
(11)
Supplied facilities.
(a)
Every supplied facility, piece of equipment, or utility
shall be so constructed, installed, and maintained that it will function in
a proper working condition.
(b)
The owner of any dwelling or apartment in which a cooking
stove and/or refrigerator is furnished for the use of tenants as part of a
rental agreement shall keep such cooking stove and/or refrigerator in good
mechanical working condition.
(c)
It shall be the responsibility of the tenant to maintain
supplied facilities in a clean and sanitary condition when contained within
the tenant's dwelling unit.
(12)
Equipment removal restricted. No owner, operator, or
occupant shall cause any service, facility, equipment, or utility which is
required under this article to be removed from or shut off from or discontinued
for any occupied dwelling, dwelling unit, or lodging room let or occupied
by him, except for such temporary interruption as may be necessary while actual
repairs are in process, during temporary emergencies when discontinuance of
service is approved by an authorized inspector, or as part of an eviction
process that follows statutory, Administrative Code, or regulatory agency
procedures.
(13)
Abandoned fuel oil tanks. All fuel oil tanks shall be
removed from the building. All unused and abandoned underground fuel oil tanks
shall be removed in accordance with regulatory agency orders.
(14)
Removal of debris.
(a)
No person shall dispose of rocks, trees, stumps, waste
building material, or other debris from land development, building construction,
street grading, or installation of underground utilities upon the surface
of any land in the City, except at approved disposal sites.
(b)
No landowner shall allow an accumulation of rocks, trees,
stumps, waste building material or other debris from land development, building
construction, street grading, or installation of underground utilities upon
the surface of his land for a period of more than 10 days.
(c)
All vacant lands within the City shall be leveled off
to permit the mowing of weeds as outlined with this Code. This includes the
removal of stones, bottles, wires and other debris that will interfere with
mowing operations.
(d)
All lands in the City shall be kept free of weeds and
maintained so there is no detrimental influence to the public health, safety,
comfort, or general welfare of the immediate neighborhood or community.
(15)
Occupancy. No owner shall occupy or let to any other
occupant any vacant dwelling unit unless it is clean, sanitary and fit for
human occupancy.
A.
Purpose. The purpose of this section is to establish
minimum standards for the quantity, location, and use of space in residential
building units so as to preserve and promote the public interest. A suitable
environment for safe, healthy, and desirable living can be enhanced by providing
adequate space and privacy for occupants of all residential buildings.
B.
Size of dwellings and rooms.
(1)
Detached single-family dwellings. Every detached single-family
dwelling other than a mobile home shall have at least 800 square feet of floor
area on the first floor level.
(2)
Size of rooms.
(a)
Apartments. The floor area of an apartment shall provide
not less than 300 square feet of floor area for the first occupant and at
least 100 additional square feet of floor area for each additional occupant.
(b)
Lodging rooms. The floor area of a lodging room shall
provide not less than 150 square feet of floor area for one occupant and 75
square feet for each additional occupant.
(3)
(4)
Hallways. Access to all lodging and sleeping rooms shall
be from a common hallway and not through bathrooms or other lodging and sleeping
rooms.
(5)
Cellar space. No cellar space shall be used as a sleeping
room.
(6)
Basement use as a sleeping room. No basement space shall
be used for a sleeping room unless:
(a)
The floor and walls are impervious to leakage of underground
and surface runoff water and are insulated against dampness.
(b)
The total window area in each room is equal to at least
the minimum window area required in this article. The required minimum window
area must be located entirely above grade of the ground adjoining such window
area.
(c)
The total of openable window area in each room is equal
to at least the minimum as required under this article.
(d)
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 device
as will effectively prevent their entrance.
(e)
Two means of exiting basement are available to all occupants.
A.
Purpose. The purpose of this section is to fix the responsibility
of owners, operators, and occupants of residential buildings.
B.
Responsibilities. The responsibility of owners, operators,
and occupants of residential buildings is as follows:
(1)
Every owner of a residential building containing two
or more dwelling units shall be responsible for maintaining in a clean, proper,
and sanitary condition the shared or public areas of the residential building
and premises thereof.
(2)
Every occupant of a residential building shall keep in
a clean, proper, and sanitary condition that part of the residential building
and premises thereof which he occupies and controls, except the operator of
every lodging house shall be responsible for the sanitary maintenance of all
walls, floors, ceilings, and every other part of the lodging house. Every
occupant of a residential building shall dispose of all his refuse, recyclables,
and garbage as required by the municipal ordinances.[1]
(3)
Every owner of a residential building shall be responsible
for hanging, installation and maintenance of all screen and double or storm
doors and windows, whenever the same are required under provisions of municipal
ordinances.
(4)
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 residential building shall be responsible for such extermination whenever
his dwelling unit is the only one infested. Notwithstanding the foregoing,
whenever infestation is caused by failure of the owner to maintain a residential
building in a reasonable condition, extermination shall be the responsibility
of the owner. Whenever infestation exists in two or more of the dwelling units
or lodging rooms in any residential building or in the shared or public parts
of any residential building, extermination thereof shall be the responsibility
of the owner.[2]
(5)
Every occupant of a dwelling unit shall keep all plumbing
fixtures therein in a clean and sanitary condition and shall be responsible
for the exercise of reasonable care in the proper use and operation thereof.
(6)
The owner or operator shall not occupy or let to another
for occupancy any space in a residential building unless it is clean, sanitary,
fit for human occupancy, and complies with the requirements of this article
and compliance inspections/orders thereunder and the occupancy is limited
to the maximum permitted thereby.
(7)
Every owner of a lodging house shall make available to
the occupants the names of two or more persons that may be called to arrange
for emergency work. The names, with telephone numbers, shall be posted in
a conspicuous place readily accessible to the occupants. The names with the
telephone numbers shall be revised periodically to maintain accurate information
at all times.
(8)
The operator of every lodging house shall change supplied
linen and towels therein at least once each 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 condition.
A.
Authorization to inspect. The Building Inspector is authorized
and empowered to inspect all residential buildings within the City for the
purpose of determining whether or not said residential buildings comply with
the requirements of this article. If any owner or occupant denies the Building
Inspector entry into any residential building or portion thereof, the Building
Inspector is authorized to obtain inspection warrants from an appropriate
court and then enter and inspect said residential building pursuant to the
authority of such warrant.
B.
No owner of a residential building may deny the Building
Inspector of the right to enter and inspect any portion thereof under the
control of a tenant when the tenant has consented to said entry and inspection.
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 procedures
and guidelines:
A.
Condemnation. 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:
(1)
One which is so damaged, decayed, dilapidated, unsanitary,
unsafe, or vermin infested that it creates a serious hazard to the health,
safety, or welfare of the occupants or of the public.
(2)
One which lacks illumination, ventilation, heating, basic
equipment, or sanitation facilities adequate to protect the health, safety,
or welfare 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, safety, or welfare of
the occupants or of the public at large.
(4)
One which, because of its general condition, location,
or appearance, is a blighting influence or causes decreasing physical or monetary
value of property in the neighborhood.
B.
Vacation of dwelling. Any dwelling, dwelling unit, building
or structure designated and placarded as unfit for human habitation and in
need of repair by the Building Inspector shall be vacated within such a reasonable
time as is ordered by the Building Inspector.
C.
No occupancy while placarded. No building or structure
or part thereof which has been designated and placarded as unfit for human
habitation and in need of repairs or razing shall again be used for human
habitation until written approval is secured from, and such placard is removed
by, the Building Inspector. The Building Inspector shall remove such placard
whenever the defect or defects upon which the designation and placarding action
were based have been eliminated.
D.
Defacing placard prohibited. No person shall deface or
remove the placard from any building or structure, or part thereof, which
has been condemned as unfit for human habitation and placarded as such.
E.
Razing. Any building or structure or part thereof designated
as unfit for human habitation and in need of repairs or razing by the Building
Inspector which, in the opinion of the Building Inspector, would be unreasonable
to repair shall be razed or removed upon legal written service of the order
of Building Inspector. If the owner shall fail or refuse to comply with the
order, the Building Inspector shall refer such violation to the City Attorney,
who will start any legal proceedings necessary to cause such building to be
razed or removed as a violation of this article.
F.
Secured from entry. Any building which has been vacant
for more than 30 days for any reason and has been damaged, illegally entered
or vandalized shall be secured against entry. This shall include adequately
boarding up doors, windows, and other openings in a workmanlike manner so
as to prevent illegal entry, vandalism or damage.
(1)
The building utilities, plumbing, electrical and heating
systems in vacant buildings shall be maintained at all times in a safe condition
or inactivated so as to prevent the possibility of damage to the structure
by the failure of such utilities and so as to prevent hazardous and dangerous
conditions.
(2)
When any building has been damaged by fire or other cause
and when hazardous or dangerous conditions exist and when such building cannot
be secured by conventional locking or boarding up of windows and doors, such
building shall be fenced off so as to prevent access and entry to the structure
and the area immediately surrounding the structure within three days of the
damage by fire or other cause.[1]
In any case where a provision of this article is found to be in conflict
with a provision of any zoning, building, fire, safety or health ordinance
or codes of this City existing on the effective date of this article, the
provision which establishes the higher standard for the promotion and protection
of the health and safety of the people shall prevail.
