(a) Generally. The Building Inspector, or designee, or public health authorities are authorized and empowered to inspect all residential dwellings, whether owner-occupied or rental untis, within the Village of Edgar pursuant to the requirements of this Section for the purpose of determining whether or not said residential dwellings comply with the requirements of this Chapter. As required by Section 706.22, Wis. Stats., this Chapter, and any inspections thereunder, is intended not to restrict the ability of a person to purchase, sell, take title to, or finance real property or restrict the ability of a purchaser of, or transferee of title, of residential real property to take occupancy of the property.
(b) When Inspections May Occur; Inspection Warrants.
(1) All properties in the Village of Edgar, including residential rental dwelling units, shall be subject to inspection requests. The inspections process may be initiated based on tenant or citizen complaints or requests or where the Building Inspector believes probable cause exists justifying such inspection(s) and after an inspection warrant is first obtained or consent is voluntarily given to conduct such inspections.
(2) Inspections by the Village shall only be conducted under the following circumstances:
a. In an occupied dwelling unit with consent from the owner or the owner's agent who is present at the time of inspection;
b. In an occupied dwelling unit with consent from an adult tenant who is present at the time of inspection; or
c. Following the obtaining by the Building Inspector or designee of a special inspection warrant under Section 66.0119, Wis. Stats.
(3) If any owner or occupant refuses to give voluntary consent to the Building Inspector to enter for inspection purposes any residential dwelling or portion thereof, the Building Inspector is authorized to and may seek an inspection warrant from an appropriate court, and then only enter and inspect said residential building pursuant to the authority granted by such warrant.
(4) 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 is present for the inspection. No person shall prevent, resist or interfere with the Building Inspector, Fire Inspector or public health authorities when lawfully entering a premises and carrying out their duties as prescribed by this Chapter and other pertinent provisions of the Village of Edgar Code of Ordinances.
(5) The Village may charge a fee for such residential inspections, including those for residential rental units.
(c) Violations. Violations identified during such inspections shall be abated within the time ordered by the Building Inspector.
State Law Reference:
Sec. 706.22, Wis. Stats.