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HomeMy WebLinkAbout8.14.19 Rental Housing Agenda r c4 Oshkosh RENTAL HOUSING ADVISORY BOARD August 14, 2019 3:30 PM To Whom It May Concern: Please note the City of Oshkosh Rental Housing Advisory Board will meet on WEDNESDAY, August 14,2019 at 3:30 PM in Room 406(Council Chambers) at Oshkosh City Hall,215 Church Avenue to consider the following agenda: A. CALL TO ORDER (3:30 p.m.) B. ROLL CALL D. CITIZEN STATEMENTS (Citizen statements are limited to three (3) minutes, must address items that are not listed on the Rental Housing Advisory Board (RHAB) meeting agenda, are limited to issues that have an impact on the City of Oshkosh and the RHAB may address at a future meeting, and must not include endorsements of any candidates or other electioneering). E. APPROVAL OF MINUTES —June 12,2019 F. UW-O STUDENT MOVE-IN INSPECTIONS G. VACANT BUILDING REGISTRY AND INSPECTION PROGRAM—Discussion/Action H. INSPECTION UPDATE I. OSHKOSH SATURDAY FARMERS MARKET J. SOCIAL/TRADITIONAL MEDIA UPDATE K. RENTAL HOUSING ADVISORY BOARD 2019 ACTION PLAN AND STRATEGIC PLAN L. FUTURE AGENDA ITEMS M. ADJOURN City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 http://www.ci.oshkosh.wi.us RENTAL HOUSING ADVISORY BOARD MINUTES June 12, 2019 PRESENT: Danny Garcia, Katrina DeGroot, Todd Hutchison Timothy Ernst, Linda Jevaltas, Margy Davey EXCUSED: Steve Herman STAFF: Allen Davis, Community Development Director, Casey Koelbl, Housing Inspector, Andrea Flanigan, Recording Secretary CALL TO ORDER Ms. Davey called the meeting to order at 3:30 p.m. ELECT CHAIR Ms.Jevaltas nominated Timothy Ernst. Danny Garcia seconded the nomination. Mr. Hutchison nominated Margy Davey. Ernst (5) DeGroot, Garcia, Ernst,Jevaltas,Davey Margy (1) Hutchison Timothy Ernst appointed Chair. ELECT VICE CHAIR Mr. Hutchison nominated Margy Davey. Margy (6)DeGroot, Garcia, Ernst,Jevaltas, Davey, Hutchison Margy Davey appointed Vice Chair. CITIZEN STATEMENTS Lindsey Erickson, 240 Algoma Blvd.Apt 310 stated Winnebago County is putting on a workshop on June 26t1, 9:00 AM -4:00 PM at Reeve Memorial Union. The learning session is about family support and social connectedness. Registration is free. Mr. Davis stated we would notice the event for the board in case anyone wishes to attend. APPROVAL OF MINUTES -May 8,2019 The minutes of the April 10, 2019 meeting were approved as presented. (Davey/Garcia) UWO COMMUNICATIONS CLUB -Move in Inspections Gaby Newman,president of the University of Wisconsin-Oshkosh Communications Club along with Luke Schwan spoke to the Board about collaborating with the City rental housing inspection program to offer students the opportunity to have their rental units inspected when they move in. She presented a draft email the Communications Club would send to students living off campus explaining the process. The inspections would aim to help students become responsible renters and feel comfortable knowing their new home meets code. Students would have livable conditions and a general checklist when moving into a rental. Mr. Hutchison questioned if the landlord would be notified of the inspections if the tenant agrees to one. Mr. Davis stated it is up to the tenant to invite the landlord to the inspection. Mr. Hutchison stated he believed it would be more efficient to notify the landlord that the inspection would be taking place and invite them to attend. If there are any corrections that need to be made the inspector would be there to explain them to the landlord and tenant. Ms. Palmeri stated the board has discussed giving the landlord a property report after the inspections take place. Mr. Ernst asked the board to send comments and edits of the draft e-mail and attachments to Andrea by July 1st.Andrea will then forward to Gabby and Luke to prepare the final draft. VACANT BUILDING REGISTRY AND INSPECTIONS PROGRAM Mr. Davis stated Mr. Prickett has not had time to work on the vacant building registry. He will be ready to present at the August meeting. INSPECTION UPDATE Mr. Koelbl reported he had completed 3 voluntary inspections last month which had a total of 19 code violations. Mr. Hutchison asked if it was possible to get a list of the violations. Mr. Koelbl stated many of the violations are the same. Hand rails and guard rails are a common violation that need to be corrected. 2 1 111 e OSHKOSH SATURDAY FARMERS MARKET Ms. Davey stated there are three dates Rental Housing will have a booth at the Farmers Market.July 201h, August 17th and September 141h. The board discussed who could attend those dates. July 20t": Degroot and Davey August 17t":Jevaltas and Ernst September 14: Ernst and Hutchison Gabby Newman stated she would be available to help all 3 dates and Luke would be available September 1411,and could help part of the time on July 201h and August 171h SOCIAL MEDIA UPDATE Ms. Jevaltas stated the Facebook page needs to be updated to include vacant registry information as well as brochures and a link to the Rental Housing page on the City's website.Right now the safety checklist is no readable and everything shows up under photos instead of information. Ms. Davey left at 4:20 PM. Mr. Ernst stated Facebook cannot do PDF's so any information put on Facebook would have to be a JPEG file. There is an option to pin a post to the top of the page so it is the first item seen on the page. Mr. Koelbl stated he will be meeting with Emily in Media Services to review some different options for the page. RENTAL HOUSING ADVISORY BOARD 2019 ACTION PLAN AND STRATEGIC PLAN Mr. Ernst explained the action plan and strategic plan to the new board members.He stated it is a working document that states the mission of the board and provides council with an outline of what the board is working on. Mr. Garcia motioned to amend the Strategic Plan to add `Anti-Discrimination Policy Pertaining to Housing"under Rental Housing Policy/Code Changes in the Strategic plan. /seconded by Jevaltas. Motion carried by voice vote. Motion by Jevaltas to approve the Rental Housing Advisory Board 2019 Strategic Plan and Action Plan as amended/Seconded by DeGroot Motion carried by voice vote. 3 1 li u FUTURE AGENDA ITEMS Lynn Lorenson Discussion UWO Student Move-in Inspections Vacant Building Registry and Inspection Program Discussion Inspection Update Social/Traditional Media Update Rental Housing Advisory Board 2019 Action Plan and Strategic Plan ADJOURNMENT There being no further business,the meeting adjourned at 4:35 p.m. (Hutchison/Garcia) Respectfully submitted, Allen Davis Community Development Director 41 11 u MUNICIPAL CODE OF THE CITY OF OSHKOSH 2019 SECTION 17-35 VACANT BUILDING CODE 17-35.01 TITLE This section shall be known as the "Vacant Building Code" 17-35.02 PURPOSE (A)This Code is enacted to facilitate the identification, inspection of, and to assure the property maintenance of vacant buildings for the purpose of preserving and promoting the public health, safety, prosperity and general welfare, and to abate and prevent public and private nuisances and potential fire hazards. (B)The Common Council of the City of Oshkosh, Wisconsin,finds that there are now, and may in the future be,vacant buildings which are dilapidated, unsafe, unhygienic and inadequately maintained so as to create or contribute to blight and so as to jeopardize the health, safety, prosperity and general welfare, and so as to create a public and/or private nuisance. (C) Intent. The purpose of the Code is to establish the measures and requirements reasonably necessary to protect the health, safety and welfare of the public from the public and/or private nuisances, blight and negative market impact of vacant or abandoned buildings and structures. 17-35.03 PUBLIC RECORD (A) Finding. In addition to the purposes in Section 17-35.02,the City finds that vacant buildings are targets for vandalism, arson and other illegal activities. The City still further finds that the public disclosure of the identification of any or all vacant buildings would provide to persons with criminal intentions a data source to locate vacant buildings in which to carry out illegal activity. While the City acknowledges the requirements of the Wisconsin Public Records Law embodied in Wisconsin Statutes SS 19.31 through 19.39, and the strong public policy underpinning those Statutes that all persons are entitled to the greatest possible information regarding the affairs of government,the City also recognizes that against that strong public policy, records custodians must balance contrary public policy such as that found by the city in this subsection A.,that would weigh against disclosure of a particular document. (B) Policy. Prior to releasing any records that are received, created, or maintained pursuant to the provisions of this chapter or are received, created or maintained to accomplish the purpose of this section, the records custodian will consider the intent of the City articulated in this subsection. 17-35.04 RULES OF INTERPRETATION AND DEFINITIONS (A) Rules of Interpretation 1. Tense. Words used in the present tense shall be interpreted to include the future tense. 2. Gender. Words used stating or implying gender shall be interpreted to include the masculine, feminine and neuter. MUNICIPAL CODE OF THE CITY OF OSHKOSH 2019 3. Number. Words used implying the singular shall be interpreted to include the plural, where appropriate, and vice versa. 4. "May"and "Shall" a. The word "may" is permissive. b. The word "shall" is mandatory and not directory. 5. "Used For". The phrase "used for shall include the phrases "arranged for", "designed for", "intended for" and "maintained for". (B) Definitions. 1. Accessory Building/Structure. A detached building or structure on the same lot,with and of a nature customarily incidental and subordinate to the principal building or structure or use of the land, i.e., a child's playhouse, garden house, greenhouse, garage, carport, shed,fence or retaining wall. 2. Building. Any Structure used or intended for supporting or sheltering any use or occupancy. For multi-unit structures, each non-residential unit is deemed a separate "building" subject to this chapter; in multi-unit structures, individual residential units are to be considered a part of the larger building that encompasses the other residential units. 3. Code. The Vacant Building Code (all of Section 17-35 of the City of Oshkosh Municipal Code) 4. Code Official. The Director of the Department of Community Development or any duly authorized designee of the Director. 5. Department. The Department of Community Development of the City of Oshkosh, Wisconsin. 6. Exterior Premises. The open space on the premises or the portion of the premises upon which there is not a structure. 7. Garbage. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food. 8.Good Repair. "Good Repair" shall mean free from blighting and hazardous conditions, clean and sanitary and in a safe condition. 9. Imminent Hazard. A condition which could cause serious or life-threatening injury or death at any time. 10. Mixed Occupancy. Occupancy of a structure in part for residential use and in part for some other lawful use under the Zoning Ordinance, not accessory thereto. 11. Municipal Code. The City of Oshkosh,Wisconsin Municipal Code 12. Occupied. A building is "occupied" when it is open to the public,when a business or manufacturing activity is performed therein,when people reside therein, or when any personal property is moved therein. Any building or structure shall be deemed to be occupied if one or more persons actually conducts a lawful business or resides in all or any part of the building as the licensed business-occupant, or as the legal or equitable owner/occupant(s) or tenant(s) on a permanent, non-transient basis, or any combination of the same. For the purposes of this MUNICIPAL CODE OF THE CITY OF OSHKOSH 2019 section, evidence offered to prove that a building is so occupied may include, but shall not be limited to, the regular receipt of delivery of regular mail through U.S. Postal Service; proof of continual telephone, electric,gas, heating, water and sewer. 13. Owner. Every person, partnership, limited partnership, corporation, service corporation, limited liability company or partnership, or other legally-recognized entity or association,who alone or jointly or severally with others: a. Has the legal title to a Building or Structure; b. Has legal right or obligation to the care, charge, or control of any building or Structure, in any capacity including, but not limited to; agent, executor, administrator,trustee, guardian, or personal representative of the estate of the holder of legal title; or an agent,trustee, receiver or other person appointed by court order with authority to have possession or control of the Building or Structure; or c. Is a mortgagee,where: (1)the mortgagee has initiated foreclosure proceedings by filing a summons and complaint in Winnebago County Circuit Court; or (2)the mortgagee has obtained a judgement of foreclosure against the mortgagor with regard to the premises containing the Vacant Building or Structure; or (3)the mortgage or note secured by the mortgage contains a provision authorizing the mortgagee to act to secure or repair the property of the mortgagor, and the mortgagor no longer maintains the Vacant Building or Structure; or d. Is a land contract vendor, where: (1)the land contract vendor has initiated foreclosure proceedings by filing a summons and complaint in Winnebago County Circuit Court; or (2)the land contract vendor has obtained a judgment of foreclosure against the land contract vendee with regard to the premises containing the Vacant Building or Structure; or (3)the land contract contains a provision authorizing the land contract vendor to act to secure or repair the property of the vendee, and the vendee no longer maintains the Vacant Building or Structure. e. "Owner" does not include any real estate licensee providing brokerage services in accordance with Wis. Stat. Chapter 452. 14. Responsible Person. A natural person who is the owner, operator or manager of any structure or premises. 15. Rubbish. Combustible and noncombustible waste materials, except garbage. The term shall include the residue from the burning of wood, coal, coke, and other combustible materials, paper, rags, cartons, boxes, wood excelsior, robber, leather,tree branches,yard trimmings,tin cans, metals, mineral matter,glass, crockery, and dues and other similar materials. MUNICIPAL CODE OF THE CITY OF OSHKOSH 2019 16. Secured. A building that has a permanent door or window in each appropriate building opening that is secured to prevent unauthorized entry and has all of its door and window components, including frames,jambs, rails, stiles, muntins, mullions, panels, sashes, lights and panels intact and unbroken. 17. Structure. Anything constructed or erected,which requires location on the ground or attached to something having location on the ground. 18.Vacant. A building or structure shall be deemed to be vacant if no person or persons, currently conducts a lawfully licensed business, or lawfully resides or lives in any part of the building as the legal or equitable owner(s), tenant-occupant(s), owner-occupants or tenant(s) on a permanent, non-transient basis; and,for multi-tenant commercial properties, multi-family residential properties and duplexes where substantially all lawful business or construction operation or residential occupancy is at a level of 95 percent vacant. Vacant status is determined from a totality of circumstances. For purposes of this section only, rebuttable evidence of vacancy includes, but is not limited to, low or no utility usage, lack of customary furnishing consistent with occupancy, accumulation of newspapers of fliers, and fixtures or window coverings which are not Secured. 19. Waste. "Waste" shall mean garbage, ashes, rubbish and trash, but not of an earthly or construction nature. 20. Zoning Ordinance. The Zoning Ordinance for the City of Oshkosh, Wisconsin. (C)Terms Defined Elsewhere. Where terms are not defined in this Code and are defined in other City Ordinances, Codes or ASHRAE and NFPA 70, such terms shall have the meanings ascribed to them therein. (D)Terms Not Defined. Where terms are not defined herein, or through the methods of interpretation authorized by this Section, such terms shall have ordinarily accepted meanings, such as the context indicates. 17-35.05 APPLICABILITY (A) General. The provisions of this Vacant Building Code shall apply to: (1)All manufacturing, commercial, institutional, residential, and mixed occupancy buildings vacant for one hundred eighty(180) consecutive days and, (2)All manufacturing, commercial and mixed occupancy buildings, where foreclosure proceedings have been initiated by filing a summons and complaint in Winnebago County Circuit Court. (B) Exemptions. Upon application to the Director of Community development, an exemption from the provisions of this code may be granted for a period of up to 365 days. In the event an exemption is granted the premises must be maintained in a clean and sanitary condition with grass/weeds cut and snow removed and the building maintained in good condition during the exemption period consistent with the Code. The exemption may be revoked for a failure of MUNICIPAL CODE OF THE CITY OF OSHKOSH 2019 the applicant to maintain the Building or the premises associated with the building free from violation of law. Any one of the following circumstances may be a basis for an exemption from the provisions of this section: 1. A Building under active construction, rehabilitation, renovation or repair for which a Building Permit has been obtained. 2. A Building with a raze permit or with a raze order pending from the City of Oshkosh. 3. A Building whose owner is actively seeking in good faith to rent or sell the building,which good faith is supported by evidence to the reasonable satisfaction of the Director of Community Development of such activity. 4. A property that has been used by the owner as a vacation home; or on a seasonal basis. 5. A property that is currently part of an estate sale that is in probate and is not subject to bankruptcy. 6. A property that is a vacant lot. Property owned by governmental bodies is exempt from the requirements of the Vacant Building Code. (C) Conflict. In any case where a provision of this Code is found to be in conflict with a provision of the Zoning Ordinance or any other provisions of the City of Oshkosh Municipal Code,the provision which established the higher standard for the protection of the public health, safety and welfare shall prevail. (D)Application of Other Ordinances. Nothing contained herein shall be deemed to authorize the use of a structure or premises contrary to any other provision of the Code or the Zoning Ordinances. Repairs, additions or alterations to a structure shall be done in accordance with the procedures and provisions of State law and Chapters 7, 11 and 22 of the Municipal Code. Nothing in this Vacant Building Code shall be construed to cancel, modify or set aside any provision of the Zoning Ordinance. (E) Existing Remedies. The provisions in this Code shall not be construed to abolish or impair existing remedies of the City, or its officers or agencies, under State laws or other City Municipal or Zoning Ordinances relating to the removal or demolition of any structure which is dangerous, unsafe and unsanitary, or the abatement of public nuisances. (F) Historic Buildings. The provisions of this Code shall apply to structures designated by the Federal Government, State or City as historic buildings. Any work to said structures shall also comply with all applicable code requirements. (G) Referenced Statutes,Ordinances,Codes and Standards. The Statutes, Ordinances, Codes and Standards referenced in this Code shall be incorporated herein by reference and be part of the requirements of this Code to the prescribed extend of each such reference, and include amendments, renumbering and successor acts. (H) Requirements Not Covered by this Code. The requirements necessary for the strength, stability, or proper operation of an existing structure or equipment, or for the public safety, health and MUNICIPAL CODE OF THE CITY OF OSHKOSH 2019 general welfare, not specifically covered by this Code, shall be determined by the Code Official, subject to a right of appeal to the Board of Zoning Appeals. 17-35.06 SEVERABLILTY (A) If any provision of this Vacant Building Code is, for any reason, held to be unconstitutional, invalid or unenforceable by any court of competent jurisdiction, such judgment shall not affect the validity of the remaining provisions of this Code,which shall remain in full force and effect. (B) If the application of any provision of this Vacant Building Code is for any reason held to be an invalid application to a particular premises or structure by any court of competent jurisdiction, such provision shall continue to apply and remain in full force and effect to any premises or structure not specifically included in said judgment. 17-35.07 CODE OFFICIAL (A) Code Official. The Code Official shall have the authority to exercise the powers and duties of the position specified in this Code. The Code Official shall administer and enforce this Code. (B) Inspections. The code Official has the power to inspect premises and structures to determine compliance with this Code. All reports of such inspections shall be in writing, signed or initialed and dated. The Code Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise in the course of their duties. (C) Right of Entry. The Code Official is authorized to enter structures or Premises, at reasonable times, with the express or implied consent of the owner, operator or occupant,to conduct administrative interior and exterior inspections for the purpose of determining whether there is compliance with the provisions of this Code. If entry is refused or not obtained,the Code Official is authorized to pursue recourse to obtain entry as provided by law. (D) Reinspections. Every owner, operator and occupant of a Premises shall cooperate with and facilitate reinspections of Premises at reasonable times pursuant to reasonable notice by the Code Official to determine Code compliance with and Order to Repair. Failure by said owner, operator or occupant to cooperate with and facilitate such reinspections by the Code Official shall be a violation of this code. (E) Obstruction. No owner, or operator of a Premises may deny the code Official the right to enter and inspect any portion thereof under the control of a lawful occupant where such occupant has consented to said entry and inspection. (F) Denial of Entrance. No occupant of a Premises shall obstruct the owner thereof from complying with any order(s) of the Code Official made under authority of this Code. Obstruction shall include the denial of entrance into a Premises at reasonable times pursuant to reasonable notice. (G) Identification. The Code Official shall carry city issued identification when entering and inspecting Premises in the performance of their duties under this Code and display such identification, when asked. MUNICIPAL CODE OF THE CITY OF OSHKOSH 2019 (H) Notices and Orders. The Code Official shall, as necessary, issue notices and orders to responsible persons and tenants, where relevant,to obtain compliance with this Code. (1) Department Records. The Director of the Department is responsible for keeping official records of all business and activities of the Department specified in the provisions of this Code in accordance with State and City record keeping requirements. 17-35.08 VACANT OR ABANDONED BUILDING OR STRUCTURE REQUIREMENTS (A)Vacant Building Permit. The owner of a vacant building or structure shall obtain a Vacant Building Permit for the period during which it is vacant. When a building or structure becomes vacant, as defined by this Code,the owner of the building or structure shall apply for and obtain a Vacant Building Permit and pay the fee(s) as set forth in Section 17-35.09. Upon the expiration of a Vacant Building Permit, if the building or structure is still vacant,the owner shall arrange for an inspection of the building and premises with the Code Official pursuant to Section 17-35.09, and renew the permit within ten (10) days of expiration in the same manner as the expired permit. All renewed permits shall be subject to all conditions and obligations imposed by this Code. (B) Code Compliance. The owner of a vacant building or structure shall comply with all building, fire, property maintenance, zoning and other applicable Codes or Ordinances, and shall apply for all necessary building, fire prevention and zoning permits upon application for a Vacant Building Permit. (C)Waste Removal. The owner of a vacant building or structure shall immediately remove all waste from the interior of the structure. The owner of a vacant building or structure shall also immediately remove any waste, debris or excessive vegetation from the exterior premises surrounding the vacant building or structure in accordance with the vacant building maintenance standards of this Code and Municipal Code. (D) Owner's Responsibility. The owner of a vacant building or structure shall immediately lock, barricade or secure all doors, windows and other openings in the building or structure to prohibit entry by unauthorized persons in accordance with the Vacant Building Maintenance Standards of this Code. If the owner does not reside within the State,the owner shall provide to the Code Official,the name, address and telephone number of an agent who is available for service of process within the State of Wisconsin. The owner shall provide to the Code Official, the name, address and telephone number of a manager who is a natural person who is available for contact by the Code Official at all times for emergency repairs and maintenance, and who will respond to the vacant building or structure when require by the Code Official. The agent and manager may be the same person, and/or either may be a Responsible Person. The owner shall notify the Code Official within thirty (30) business days of any changes to the name, address or telephone number of the agent or manager. MUNICIPAL CODE OF THE CITY OF OSHKOSH 2019 (E) Owner's Obligations Continuous Through Term of Vacancy. The obligations of owners of a vacant building or structure are continuing obligations which are effective throughout the time of vacancy, as that term is defined in this Code. 17-35.09 VACANT BUILDING PERMIT; INSPECTION; MAINTENANCE STANDARDS; FEES (A) Permit Application. Application by the owner of a vacant building or structure for a Vacant Building Permit shall be made on a form provided by the Code Official. The owner of a vacant property shall file the permit application with the City no later than the earliest of: 1. One hundred eighty(180) days after the premises becomes vacant; or 2.Thirty(30) days after a bank, lender or other financial institution shall, directly or through an agent or servicing company, initiate foreclosure proceedings by filing a summons and complaint in Winnebago County Circuit Court; or 3.Thirty days after transfer of ownership of the vacant property. Applicants shall disclose all measures to be taken to ensure that the building will be kept weathertight, secure from trespassers, and safe for entry by police officers and firefighters in times of exigent circumstances or emergency. The application shall include, but not be limited to,the following: (1) Contact information for each owner. If the owner is other than a natural person or persons,the following shall apply, as appropriate: (a) If the owner is a corporation, limited liability company, limited or liability partnership,the registration statement shall provide the names and residence addresses of all responsible persons and the name and business address of the registered agent for service of process appointed pursuant to Wisconsin State Statutes. (b) If an estate,the name and business address of the personal representative of the estate. (c) If a trust,the names and addresses of the trustee or trustees. (d) If a partnership,the names and residence addresses of the partner or partners. (e) If another form of unincorporated association,the name and residence address of a responsible person. (f) If an individual person,the name and residence address of that individual person. (2) The name and addresses of all known lien holders and or parties with a legal or equitable ownership interest such as a bank, lender, or financial institution. (3) A statement of physical inspection of the premises including one or more photographs of the property accurately portraying the current condition of the exterior premises. MUNICIPAL CODE OF THE CITY OF OSHKOSH 2019 (3) Any rehabilitation or demolition plans. (4) An acknowledgment by the owner that grass and weeds shall not exceed a height of eight inches (8"), and that snow and ice shall be removed from the public right-of-way within twenty four(24) hours of a snowfall. (B) Inspection of Premises. (1) Purpose. The Code Official, or his/her designee, may inspect vacant building to determine the structural integrity of the building,the repairs necessary to maintain structural integrity, to determine what repair actions must be undertaken to maintain the premises safe for entry of police officers and firefighters in times of exigent circumstances or emergency,that the building and its contents do not present an imminent hazard to the public during the time that the building remains vacant, and that the building and structure are in compliance with the Vacant Building Maintenance Standards. (2) Inspector. The Code Official, or his/her designee, may conduct inspections made pursuant to the provisions of this Vacant Building Code in conjunction with other inspectors of the Division, police officers, firefighters, or inspectors from other governmental bodies. (3)Types of Inspections. (a) Code Official Directed. (1) Implied Consent. Any owner of a building,which is either the subject of a Vacant Building Permit or an application filed by a responsible person,for a Vacant Building Permit, is deemed to have given consent to inspections of the building. (2) Reinspections. At any time subsequent to the issuance of an Order to Repair,the Code Official may conduct reinspections to determine compliance with the Order to Repair. Such reinspections will be conducted only after a reasonable time has been afforded to a responsible party to comply with the portions of the Order. Reinspections are subject to reinspections fees under Section 17-35.11. (3) Emergency Inspections/Emergency Repairs. If, at any time,the Code Official has reason to believe that an emergency situation exists with respect to the building, which tends to create an imminent hazard to health, welfare or safety of the general public, the code Official may enter the building to inspect the premises, without notifying the responsible party or obtaining a warrant. If the Code Official finds an emergency situation exists in fact, which presents and imminent hazard to the health, welfare or safety of the general public,the maintenance of which, until such time as the reasonable party could conduct the repairs, would be unreasonable,the code Official may cause any reasonable action, including the employment of necessary labor and materials, to perform emergency repairs. Costs incurred in the performance of emergency repairs shall be paid by the city and the Code Official shall recover the costs through special assessments levied against the benefited property. A One Hundred ($100.00) Dollar administrative fee for processing and administering the MUNICIPAL CODE OF THE CITY OF OSHKOSH 2019 special assessment shall be added to the special assessment against the benefited property. (4) Inspections Made Pursuant to a Special Inspection Warrant. If any responsible party takes any action contrary to the implied consent given by the owner in Section 17-35(B)(3)(a)(1) above,the owner hereby consents to the issuance of a Special Inspection Warrant by a judge of a court of competent jurisdiction, pursuant to Section 66.0119,Wisconsin Statutes, or any successor thereof. Any interior inspection made pursuant to a Special Inspection Warrant shall be deemed a reinspection for the purpose of imposition of fees pursuant to Section 17-35.11. (b) Responsible Party Requests for Inspection. Requests from responsible parties for inspections of buildings which are both subject to a Vacant Building permit and are under the control of the requesting responsible party. (C) Issuance of Orders to Repair. The Code Official, upon inspection, may issue orders to repair for work needed to: (1) Adequately protect the building from intrusion by trespassers and from deterioration by the weather in accordance with the Vacant Building Maintenance Standards set forth in this Code; and (2) Ensure that allowing the building to remain will not be detrimental to the public health, safety and welfare, will not unreasonably interfere with the reasonable and lawful use and enjoyment of other premises within the neighborhood, and will not pose an extraordinary hazard to police officers or firefighters entering the premises in times of emergency. When issuing such orders,the code Official shall specify the time for completion of the work. All work done pursuant to this subsection shall be done in compliance with the applicable Building, Fire, Property Maintenance and Zoning Codes and Ordinances. (D) Issuance of Vacant Building Permit. The code Official shall issue a Vacant Building Permit upon being satisfied that the building has been inspected and is in compliance with the Vacant Building Maintenance Standards set forth in this Vacant Building Code, and is adequately protected from intrusion by trespassers and from deterioration by weather. This Permit shall be effective for a period of six(6) months from the date of issuance. (E) Identification. Upon issuance of the Vacant Building Permit an identifying label will be provided by the Department which shall be installed in a conspicuous location such as an exterior door or window. (F)Vacant Building Maintenance Standards. A vacant building or structure shall be deemed adequately protected from intrusion by trespassers and from deterioration by the weather if it satisfies the following Vacant Building Maintenance Standards: (1) Building Openings. Doors,windows, areaways, and other openings shall be weathertight and secured against entry by birds,vermin and trespassers. Missing or broken glass in doors,windows and other such openings shall be repaired/replaced with glass. No building opening shall be boarded. MUNICIPAL CODE OF THE CITY OF OSHKOSH 2019 (2) Roofs. The roof and flashings shall be sound and tight, not admit moisture, or have defects which might admit moisture, rain or roof draining; and, allow for drainage to prevent dampness or deterioration in the interior walls or interior of the building. (3) Drainage. The building storm drainage system shall be functional and installed in an approved manner, and allow discharge in an approved manner. (4) Building Structure. The building shall be maintained in good repair, structurally sound, and free from debris, rubbish and garbage. The building shall be maintained in a sanitary manner and in a manner that does not pose a threat to the public health, safety and welfare. (5)Structural Members. The structural members shall be free of deterioration and capable of safely bearing imposed dead and live loads. (6) Foundation Walls. The foundation walls shall be maintained structurally sound and in a sanitary condition so as not to pose a threat to the public health, safety and welfare, shall be capable of supporting the load which normal use may cause to be placed thereon, and shall be free from open cracks and breaks, free from leaks, and be animal and rat-proof. (7) Exterior Walls. The exterior walls shall be free of holes, breaks, and loose or rotting materials. Exposed metal,wood, or other surfaces shall be protected from the elements and against decay or rust by periodic applications of weather-coating materials, such as paint or similar surface treatment. (8) Decorative Features. The cornices, belt courses, corbels,terra cotta trim, wall facings and similar decorative features shall be safe, anchored and in good repair. Exposed metal, wood or other surfaces shall be protected from the elements and against decay or rust by periodic applications of weather-coating materials, such as paint or similar surface treatment. (9) Overhanging Extensions. All balconies, canopies, marquees, signs, metal awnings, stairways,fire escapes, standpipes, exhaust ducts and similar features shall be in good repair, anchored, safe and sound. Exposed metal and wood surfaces shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. (10)Chimneys and Towers. Chimneys, cooling towers, smokestacks and similar appurtenances shall be structurally safe and in good repair. Exposed metal and wood surfaces shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. (11) Walkways. Public walkways shall be in good repair, shall be safe for pedestrian travel, and shall be free of snow and ice. Snow and ice removal shall be completed within twenty four(24) hours of a snowfall. (12)Accessory Building/Structures. Accessory buildings/structures such as garages, sheds and fences shall be free from safety, health and fire hazards; and, shall comply with these Vacant Building Maintenance Standards. MUNICIPAL CODE OF THE CITY OF OSHKOSH 2019 (13) Exterior Premises. The premises upon which the structure or building is located shall be clean, safe, sanitary, free from waste, rubbish,garbage, excessive vegetation, exterior storage, and shall not pose a threat to the public health, welfare or safety. (14) Fire Alarms/Sprinklers. Any fire alarm or sprinkler systems shall be maintained in good working condition. (15) Knox Box. A knox box shall be supplied for commercial properties to allow for Fire Department access in the event of a call for service. (F)Vacant Building Permit Fee. The Department shall charge a fee for the Vacant Building Permit as approved within the fee schedule adopted by the Common Council. (G) Unpaid Permit. Vacant Building Permit Fees shall be collected as a special charge as provided in SS 66.0627 of the Wisconsin Statutes and entered on the tax roll if unpaid, or may be collected in any other manner allowed by law. The owner or agent shall also be responsible for any penalty fees in accordance with the inspection fee schedule. The enactment of this ordinance shall constitute notice to property owners of such charge. 17-35.10 BOARD OF ZOINING APPEALS Appeals. Any person receiving a notice of violation and order which has been issued in connection with the enforcement of any provision of this Code and aggrieved thereby, may appeal from such order or ruling to the Board of Zoning Appeals as provided for in Section 30-6(B)of the Municipal Code. 17-35.11 REINSPECTION FEES To compensate the City for inspection and administrative costs related to the enforcement of this Code, an escalating fee as approved within the fee schedule adopted by the Common council, may be charged for any reinspections following the initial inspection which resulted in an order for corrective action, and the first reinspections to determine compliance with an order for corrective action issued hereunder. There shall be no reinspections fee for a final inspection indicating compliance, or for a reinspection occurring during the period of an approved time extension granted for good cause and involving a good faith effort on the part of the property owner to comply with the order. Reinspection Fees shall be collected as a special charge as provided in SS 66.0627 of the Wisconsin Statutes and entered on the tax roll if unpaid, or may be collected in any other manner allowed by law. The enactment of this ordinance shall constitute notice to property owners of such charge. Rental Housing Advisory Board — 2019 Strategic Plan Membership and Terms: The Oshkosh Rental Housing Advisory board shall consist of seven (7) members, with up to two (2) alternates. Each member shall serve for a period of three (3) years. The board's composition should seek to reflect the diverse interest in rental housing conditions, such as, but not limited to nor excluding, landlords, tenants, neighborhood association representatives, health and safety professionals, real estate agents, and contractors. Purpose: The purpose of the Rental Housing Advisory Board is to advise staff on the creation of rental housing educational materials and residential rental training programs for landlords and tenants, to review and make recommendations regarding city policy or changes to the municipal code pertaining to rental housing. This includes all matters related to health, safety, and general welfare of the renting public. Advise • Attend 6 meetings per year. • Review policy pertaining to rental properties. • Create rental inspection districts. • Respond to State rental Inspection changes. • Report to Council on a regular basis. Educational Materials Distribute appropriate materials prepared by other entities that pertain to our purpose. • Tenants Bill of Rights • Rent Abatement • Tenant Association Brochure Create and distribute materials containing information to educate landlords, renters, and the general public on issues pertaining to local rental housing. • A Helpful Guide for Renting in Oshkosh • How Our Inspection Program Works • Information on Short Term Rentals in Oshkosh Training Programs • Inspection Certification • Code Compliance Training: Research, develop and implement a training course on code compliance focused on the needs of landlords. • Landlord/Tenant Rights: Research, develop and implement a program to educate landlords and tenants on their respective rights. • Fair Housing: Schedule anti-discrimination training directed at both landlords and tenants through the Fair Housing Council. • Rent Smart 2019: Direct tenants to these free workshops provide by UW Extension. • Facilitate a workshop supporting tenant associations. Outreach • Farmers Market: Participate in local farmers market as an opportunity for education and outreach to the community. • State of the City: Create and staff an exhibit to make our presence known. • Collaborate with local associations with an interest in rental properties. Examples include the Winnebago County Apartment Association, neighborhood associations, Rent Smart at UW Extension, the Fair Housing Council, World Relief, and Catholic Charities. • Collaborate with the UWO student community. • Through the use of social and traditional media. Rental Housing Policy/Code Changes Research policies and codes from other municipalities. Consider best practices, modify existing or write new policies or code to address local needs. Investigate categories: • Residency requirements for landlords/property managers • Mobile homes • Landlord/tenant mediation • Service animals • Protected Class code update • Vacant Property Registration Ordinance (VPRO) • Inspection Certificate for Excellent Completed Inspection —a gold star • Anti-Discrimination Policy Pertaining to Housing Rental Housing Advisory Board — 2019 Action Plan Advise Topic Action to Take Responsible Party Completion Date RHAB Meetings Attend bi-monthly Board members End of term Policy review Review as pertains to Staff, Board City rental properties members Inspection districts Create and monitor Staff, Board members State legislative Monitor Staff changes Respond as needed Staff, RHAB Report Keep Council Council Liaison informed of progress Educational Materials Topic Action to Take Responsible Party Completion Date Distribute existing Determine Staff, RHAB pertinent materials: distribution points Tenants Bill of Rights Determine Rent Abatement distribution methods Tenant Assn Flyer Create needed Create and/or Staff, RHAB materials: approve content for A Helpful Guide for information not Renting in Oshkosh covered in existing How Our Inspection materials Program Works Upon completion, Information on Short print and distribute Term Rentals Training Programs Topic Action to Take Responsible Party Completion Date Inspection Certification Code Compliance Training for RHAB landlords: research, develop, implement Landlord/Tenant Education on Rights respective rights: research, develop, implement Fair Housing Anti-discrimination Staff, with Fair for tenants/landlords Housing Council Rent Smart 2019 Supply class info Staff, with UW Extension Outreach Topic Action to Take Responsible Party Completion Date Farmer Market Participate RHAB, Margy 2019 Summer: Jul 20, Aug 17, Sept 14, Oct 5 State of the City Create and staff RHAB, Staff exhibit each year Collaboration Reach out to local RHAB, Staff associations sharing same purpose as RHAB Rental Housing Policy/Code Changes Topic Action to Take Responsible Party Completion Date Residency Research, modify or RHAB, Staff requirements write policy or code Mobile homes Research, modify or RHAB, Staff write policy or code Landlord/tenant Research, modify or RHAB, Staff mediation write policy or code Service animals Research, modify or RHAB, Staff write policy or code Protected Class Research, modify or RHAB, Staff write policy or code VPRO Research, modify or RHAB, Staff write policy or code