This article shall be known as the "Minimum
Housing Code."
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 Village of Osceola and environs.
This includes, among others, physical, aesthetic, and monetary values.
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, inadequately
maintained or lacking in basic equipment or facilities 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 is necessary to preserve and promote the private
and public interest. All repairs, alterations, additions to and changes
in occupancy made pursuant to this article shall comply with the Wisconsin
Building Code, the Wisconsin Plumbing Code, and with the Wisconsin
Uniform Dwelling Code. All materials utilized in repairs, alterations,
additions to and changes in occupancy made pursuant to this article
must be approved for their intended use.
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
and under provisions of § 66.0413, Wis. Stats.
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 Housing
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.
(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. Any dwelling, dwelling unit, building, or structure
designated and placarded as unfit for human habitation and in need
of repair by the Housing Inspector shall be vacated within such a
reasonable time as is ordered by the Housing Inspector.
C. 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 Housing Inspector. The Housing Inspector shall remove such
placard whenever the defect or defects upon which the designation
and placarding action were based have been eliminated.
D. 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. Any building or structure or part thereof designated
as unfit for human habitation and in need of repairs or razing by
the Housing Inspector, which in the opinion of the Housing Inspector
would be unreasonable to repair, shall be razed or removed upon legal
written service of the order of the Housing Inspector. If the owner
shall fail or refuse to comply with the order, the Housing Inspector
shall refer such violation to the Village Attorney, who will initiate
procedures pursuant to § 66.0413, Wis. Stats., to cause
such building to be razed or removed as a violation of this article.
F. Any building which has been vacant for more than thirty
(30) days for any reason and has been damaged, illegally entered or
vandalized shall be secured against entry. This shall include adequate
boarding up of 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 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.
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 code of this Village, 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 article is found to be in conflict with
a provision of any other ordinance or code of this Village which establishes
a lower standard for the promotion and protection of the health and
safety of the people, the provisions of this article shall prevail,
and such other ordinances or codes are hereby declared to be repealed
to the extent that they may be found in conflict with this article.
Any person who shall violate any provision of this article or any order, rule or regulation made hereunder shall be subject to a forfeiture as provided in §
1-19 of this Municipal Code, provided failure to correct a correctable condition within the time specified shall constitute a separate violation.
The Village Board shall establish from time
to time by resolution fees for the initial and follow-up inspections
or to recover any costs incurred as a result of this article.