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(a) Purpose. The purpose of this Section is to establish the responsibility of owners, operators, and occupants of residential buildings.
(b) Responsibilities. The responsibilities of owners, operators, and occupants of residential buildings are as follows:
(1) Every owner of a dwelling shall be responsible for maintaining in a clean, safe, and sanitary condition all shared, communal or public areas of the residential building and premises thereof.
(2) Every occupant of a dwelling unit shall keep in a clean, safe, and sanitary condition that part of the residential building and premises thereof which he/she occupies and controls, except the operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors, ceilings, and every other part of the rooming house.
(3) Every occupant of a dwelling containing more than one (I) 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/her dwelling unit is the only one infested. However, when infestation is caused by the failure of the owner to maintain a dwelling in a rodent-proof or substantially insect-proof, or if termites infest the dwelling unit, extermination shall be the responsibility of the owner.
(4) Every occupant of a dwelling unit shall maintain all plumbing fixtures therein in a clean and sanitary condition.
(5) The owner or operator shall not occupy or let to another for occupancy any space in a residential dwelling unless it is clean, sanitary, fit for human occupancy, complies with the requirements of this Chapter and the Wisconsin Administrative Code and compliance inspections/orders thereunder.
(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.
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:
(a) Finding of Defects. Any dwelling or dwelling unit which shall be found to have any of the following serious defects may 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 (actual or prospective) 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 (actual or prospective) or of the public.
(3) One which, because of its general condition of disrepair, is unsanitary or otherwise dangerous to the health, safety, or welfare of the occupants (actual or prospective) or of the public.
(4) One which has a history of structural fires and inadequate subsequent repairs.
(5) One which, because of its general condition, location or appearance, is a blighting influence or causes a decrease in the valuation of property in the immediate neighborhood.
(b) Designation as Unfit for Human Habitation; Vacation of Premises. Any dwelling, dwelling unit, building or structure designated and placarded by the Building Inspector as unfit for human habitation until necessary repairs are made or the structure is razed shall be vacated within such a reasonable time as is ordered by the Building Inspector.
(c) Unfit Dwelling Not to be Reoccupied. 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 properly addressed and corrected.
(d) Defacement or Removal of Condemnation Notices. 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) Legal Proceeding for Razing Order. 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 the Building Inspector. If the owner shall fail or refuse to comply with the order, the Building Inspector shall refer such violation to the Village Board and Village Attorney who will start any legal proceedings necessary to cause such building to be razed or removed as a violation of this Chapter. Any dwelling declared structurally unsafe or unsanitary shall be razed or restored according to the provisions of Sec. 66.0413, Wis. Stats.
(f) Vacant Buildings to be Secured From Entry. Any building which has been vacant for more than thirty (30) days due to damage, disrepair or vandalism shall be secured against unauthorized entry, except as provided under Subsection (f)(2) below. This shall include adequately boarding up and securing doors, windows, and other openings in a workmanlike manner so as to not present an attractive nuisance and to prevent illegal entry, vandalism or damage:
(1) The building's utilities, plumbing, electrical and heating systems in such vacant building shall be maintained at all times when possible 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 the existence of hazardous, unsanitary, and dangerous conditions.
(2) When any building has been seriously damaged by fire, weather 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 seven (7) days of the damage by fire, weather or other cause.
State Law Reference: Section 66.0413, Wis. Stats.
(a) Notice of Violation.
(1) Whenever the Building Inspector has found a violation or determines that there are reasonable grounds to believe that there has been a violation of any provision of this Chapter or of any rule or regulation adopted pursuant thereto, the Building Inspector or designee shall give notice of such alleged violation to the person or persons responsible. Such notice shall:
a. Be in writing.
b. Include a statement of the reasons why it is being issued.
c. Provide a reasonable time for the performance of any act it requires.
d. Be served upon the owner or his/her 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:
1. A copy thereof is served upon him/her personally;
2. A copy thereof is sent by certified mail to his/her last-known address;
3. A copy thereof is posted in a conspicuous place in or about the dwelling or dwelling unit affected by the notice; or
4. If he/she is served with such notice by any other method authorized or required under the laws of the State of Wisconsin.
(2) The above notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this Chapter and with rules and regulations adopted pursuant thereto.
(b) Violation Reoccurrence. Whenever there has been notice of a violation issued to the owner, the agent of any owner, or the occupant of property which is in violation of this Chapter, no further notice shall be necessary for any reoccurrence of the violation prior to the commencement of any forfeiture action or prior to seeking an injunction in a court of record.
(c) Hearing. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Chapter or of any rule or regulations adopted pursuant thereto may request and shall be granted a hearing on the matter before the Building Inspector, provided that such person shall file, in the office of the Building Inspector, a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten (10) days after the date the notice was served. Upon receipt of such petition, the Building Inspector shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to provide reasons why such notice should be modified or withdrawn. The hearing shall be commenced no later than ten (10) days after the day on which the petition was filed. Upon request of the petitioner, the Building Inspector may postpone the date of the hearing for a reasonable time beyond such ten (10) day period, if, in his/her judgment, the petitioner has submitted sufficient grounds for such postponement.
(d) Post-Hearing Determinations and Actions.
(1) Following such hearing, the Building Inspector shall sustain, modify, or withdraw the notice, depending upon his/her findings as to whether the provisions of this Chapter and of the rules and regulations adopted pursuant thereto have been complied with. If the Building Inspector sustains or modifies such notice, it shall be deemed to be an order.
(2) Any notice served pursuant to this Chapter shall automatically become an order if a written petition for a hearing is not filed in the office of the Building Inspector within ten (10) days after such notice is served.
(3) Following a hearing in the case of any notice suspending any permit related to this Chapter (such as a building permit) or by any rule or regulation adopted pursuant thereto, when such notice has been sustained by the Building Inspector, 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 Building Inspector within ten (10) days after such notice is served.
(4) Whenever any order to correct conditions regarding the premises made pursuant to this Chapter has not been complied with because the person to whom the order was directed has failed, neglected or refused to comply, the Building Inspector may request appropriate Village authorities to initiate prosecution, or institute any appropriate action to abate such building as a public nuisance, the cost of which will be assigned to the property owner as a special charge.
(e) Record of Proceedings. The proceedings at such hearing, including the findings and decision of the Building Inspector, shall be summarized, reduced to writing, and entered as a matter of public record. Such record shall also include a copy of every notice or order issued in connection with the matter.
(f) Emergency Situations.
(1) Whenever the Building Inspector finds that an emergency exists which requires immediate action to protect the public health, safety, or welfare, the Building Inspector may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as the Building Inspector deems necessary to meet the emergency. Notwithstanding other provisions of this Chapter, such order shall be effective immediately.
(2) Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Building Inspector shall be afforded a hearing as soon as possible. After such hearing, depending upon the Building Inspector's findings as to whether the provisions of this Chapter and of the rules and regulations adopted pursuant thereto have been complied with, the Building Inspector shall continue such order in effect, or modify it, or revoke it.
(g) Appeals of Determinations. Determinations of the Building Inspector under this Section may be appealed to the Board of Appeals using the procedures prescribed in Title 13, Chapter 1 of this Code of Ordinances. Any person aggrieved by the decision of the Board of Appeals may seek relief therefrom in any court of competent jurisdiction, as provided by state law.
(a) Findings and Intent. The Village Board finds that it is necessary to establish a program for registration by the Village of Edgar of residential rental dwelling units to assist in responding to complaints regarding unsafe or unsanitary conditions for tenants. The Village Board finds that a significant percentage of code complaints, violations and compliance actions occur involve residential rental dwelling units and that the conditions which are found to exist at such dwelling units adversely affect the neighborhoods in which they are located and the health and safety of tenants. This Section is adopted to help facilitate communications with the owners of residential rental dwelling units and secure cooperation with making appropriate repairs. Village officials and emergency responders can utilize contact information gathered through registration to contact property owners or landlords in case of an emergency with the rental property.
(b) Owner Registration.
(1) The owner of a residential rental dwelling or dwelling unit within the Village of Edgar shall record the residential contact information with the Village Administrator by January 1, 2018 for rental units existing on the effective date of this Chapter, or within thirty (30) days of full or partial occupancy of new construction or the creation of new residential rental units. The contact registration does not act as a statement or admission regarding the rental unit's condition, give ongoing permission to enter the premises for purpose of inspection, or in any manner interfere with the sale, ownership or occupancy of such property.
(2) With the registration, the owner, or the owner's agent, shall provide contact information as follows:
a. Legal name of the owner and the name of any agent or property manager, and their current addresses;
b. Street address of the rental property;
c. Number of rental units at that address; and
d. Telephone numbers (landline and cellphone), fax numbers, and email addresses at which the owner, his/her agent, or property manager can be reached and a response received within forty-eight (48) hours to take corrective actions.
(3) There shall be no fee for the residential rental contact registration.
(4) The owner of a residential rental dwelling or dwelling unit shall update the above contact information within thirty (30) days of any changes in the information required by Subsection (b)(2) to ensure that the registration on file with the Village is current and correct.
(5) Within thirty (30) days of the transfer, conveyance or sale of a residential rental unit, the new owner shall submit to the Village the required contact information required by this Section.
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