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Home My WebLink About91-294 June 6, 1991 �UNE 20, 1991 # 91-265 91-294 ORDINANCE FIRST READING SECOND READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: AMEND MINIMUM HOUSING & PROPERTY MAINTENANCE CODES INITIATED BY: COUNCIL MEMBERS CHAPIN AND JUNGWIRTH A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTIONS 16- 22, 16-25, 16-31, 16-33 (A) , 16-34 (A) , 16-35 (A) , 16-37, 16- 38 (B) , 16-40, 16-41, AND 18-79. 1 AND REPEALING SECTIONS 16- 24 (5) , 16-26, 16-27, 16-28, 16-29, 16-30, '16-35(A) (1) (C) , 16-35 (A) (7) (b) AND 16-37 (A) {6) O�' THE OSHKOSH MUNICIPAL CODE PERTAINING TO MINIMUM HOUSING AND PROPERTY MAINTENANCE CODES The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Sections 16-24 (5) , 16-26, 16-27, 16-28, 16- 29, 16-30, 16-35 (A) (1) (c) , 16-35 (A) (7) (b) and 16-37 (A) (6) of the Oshkosh Municipal Code pertaining to the minimum housing code are repealed. SECTION 2 . That Section 16-22 of the Oshkosh Municipal Code pertaining to definitions is amending by adding the following defined terms and is further amending by renumbering as appropriate subsequent definitions: (9) DEADBOLT LOCKING DEVICE. "Deadbolt Locking Device" shall mean any keyed, mortised lockset with at least a 3/4 inch bolt capable of being opened from the inside by a single turn of a knob. (19) INOPERABLE VEHICLE. "Inoperable vehicle" shall mean any unregistered vehicle, or any vehicle unable to move under its own power or unable to be used legally on any public street. SECTION 3 . That Section 16-25 of the Oshkosh Municipal Code pertaining to appeals from housing inspector orders is repealed and recreated to read as follows: SECTION 16-25 APPEALS FROM ORDERS OF HOUSING INSPECTOR Any person feeling aggrieved by any order or ruling of the Housing Inspector may appeal from such order or ruling to the Board of Zoning Appeals within five (5) calendar days after written notice of such order or ruling shall have been delivered to the aggrieved person. Such appeal shall be in writing, setting forth the order appealed from, and shall be filed with the City Clerk. A majority of those Board members voting shall be sufficient to sustain the order of the Housing Inspector. - 4 - ' June 6, 1991 91-265 Cont'd. June 20, 1991 91-294 SECTION 4 . That Section 16-31 of the Oshkosh Municipal Code pertaining to emergency orders is repealed and recreated to read as follows: SECTION 16-31 EMERGENCY ORDERS If the Housing Inspector shall determine that a dwelling is in such condition that it constitutes a public nuisance and that there is great danger to the public health, safety and welfare and if the owner or occupant if appropriate refuses to comply with orders within the time prescribed, the Housing Inspector or designee shall cause such dwelling or dwelling unit or part thereof to be posted unfit fcr h�aman habitation, occupancy or use by posting a placard on the premises containing the following words: THIS DWELLING UNIT CANNOT BE USED FOR HUMAN HABITATION, OCCUPANCY OR USE It is the duty of the Housing Inspector or designee to notify the owner and the occupants that such premises are unfit for human habitation, occupancy or use, and shall not be occupied until approval by the Housing Inspector or designee. The notice procedure shall be pursuant to Section 16-24, exclusive of subparagraph (A) (4) . SECTION 5. That Sections 16-33 (A) (5) and (6) of the Oshkosh Municipal Code are repealed and recreated to read as follows: (5) Garbage and refuse receptacles. Every owner shall supply every dwelling unit with adequate garbage and refuse disposal equipment or receptacles large enough to hold all garbage and refuse generated by that dwelling unit. Such receptacles shall comply with the requirements and standards set by the Department of Public Works and the Health Division, and shall be maintained by the owner or occupant in serviceable condition. (6) Stairways in sinc�le and two-family dwellings. Stairways in single and two-family dwellings shall be equipped with proper handrails mounted in accordance with Sec. ILHR 21. 04, Wis. Adm. Code, as may be amended from time to time, and shall be equipped with treads and risers reasonably uniform. Porches in sinc�le and two-family dwellings shall be equipped with guardrails and intermediate rails installed in accordance with Sec. ILHR 21. 04, Wis. Adm. Code, as may be amended from time to time, if none are installed. Guardrails in place at the time of the adoption of this subparagraph will not require replacement until such time as they are deteriorated, no lonc�er functional or deemed unsafe. Stairways and porches in other multiple - 5 - ' ' June 6, 1991 91-265 Cont'd. � June 20, 1991 91-294 family dwellings shall comply with the appropriate provi- sions of the Uniform Building Codes, as may be amended from time to time, contained with the Wisconsin Administrative Code. SECTION 6. That Section 16-33 (A) of the Oshkosh Municipal Code pertaining to minimum standards for occupancy is further amended by adding the following: (9) Doors (a) Exterior entry/exit doors shall be of solid core construction and capable of affording security by the installation of deadbolt locking devices. (b) Bedrooms shall be equ�pped witY: doors for privacy. SECTION 7. That Sections 16-34 (A) (2) (a) , (b) and (c) of the Oshkosh Housing Code pertaining to ventilation are repealed and recreated to read as follows: (a) Every habitable room shall be provided with window and/or door areas directly openable to the outside equal to at least four percent (4�) of the floor area except mechanical ventilation can be provided in a kitchen in lieu of windows or doors when the ventilation system is designed and installed according to accepted engineering practices or manufacturer's written specifications. (b) Every bathroom or toilet compartment shall have at least one (1) window directlx openable to the outside or shall be equipped with mechanical exhaust ventilation directly to the outside and installed according to accepted engineering practices or manufacturers written specifications. (c) All windows and/or doors openable directly to the outside as required by subparagraphs (a) and (b) shall be effectively screened with untorn or ripped screens in good serviceable condition. SECTION 7. That Sections 16-34 (A) (3) of the Oshkosh Municipal Code �ertaining to electrical service is amended by adding the following: (c) Electrical service panels shall be readily accessible to all occupants in a dwelling without passing through another dwelling unit as required by the National Electrical Code as may be amended from time to time. (d) Exterior lighting shall be required to illuminate exterior entry/exit steps in or leading to dwelling units. SECTION 8. That Section 16-34 (A) of the Oshkosh Municipal Code �ertaining to minimum standards is amended by adding the following: - 5 - � � ' June 6, 1991 91-265 Cont'd. June 20, 1991 91-294 (4) Natural Lighting Every habitable room shall be provided with window areas equal to at least eight percent (8�) of the floor area. SECTION 9. That Sections 16-35 (A) (1) (a) and (b) of the Oshkosh Municipal Code pertaining to maintenance requirements are repealed and recreated to read as follows: (a) Every floor, floor covering, wall, ceiling and kitchen countertop and cupboard shall be kept in good repair. Every building shell, foundation, exterior door and roof shall be kept in good repair and weathertight. (b) All rainwater shall be �o drained from the roof so as not to cause dampness inside the dwelling unit and so drained as not to allow standing water, water damage or other detrimental conditions in the dwelling. SECTION 10. That Section 16-35 (A) (6) of the Oshkosh Municipal Code pertaining to maintenance requirements is repealed and recreated to read as follows: (6) Safe and clean dwelling units and premises. No owner shall rent to any other person for occupancy or allow any person to occupy any dwelling unit or premises unless it is safe and clean, and complies with all provisions of this Article and with Section 18-79. 1 of this Code. SECTION 11. That Section 16-35(A) (7) (a) of the Oshkosh Municipal Code pertaining to cleanliness is repealed and recreat- ed to read as follows: (a) Every dwelling unit shall be kept free of any accumulation of refuse, trash, debris or other matter. SECTION 12 . That Sections 16-37 (A) (1) and (3) of the Oshkosh Municipal Code pertaining to responsibilities are re- pealed and recreated to read as follows: (1) Responsibilities of owner Every owner of a dwelling shall be responsible for maintaining in a safe, clean and good condition all communal, shared or public areas of the dwelling and appurtenant �remises. Yards shall be maintained by the owner according to the provisions of Sections 18-69 (A) and 18-79. 1 (B) & (C) of this Code. (3) Storage of garbage and refuse Every owner shall notify in writing the occupant and shall insure that garbage and refuse shall be properly stored behind and adjacent to the rear of the dwelling at - 7 - � � ' ,7une 6, 1991 91-265 Cont'd. � June 20, 1991 91-294 a point farthest away from any public sidewalk, alley or thoroughfare, that all garbage and refuse shall be stored in proper receptacles and shall not be placed at the curb or alley line for �ick-up day no earlier than 4:00 p.m. of the day preceding pick-up as established in Section 23-3 of this Code, and that all receptacles shall be returned by occupant to the point of storage within twelve (12) hours after collection. SECTION 13 . That Section 16-38 (B) of the Oshkosh Municipal Code pertaining to time for completion of Housing Inspection orders is amended by changing "two (2) years" to "one (1) year" . SECTION 14. That Section 16-40(B) of the Oshkosh Municipal Gode pertaining to rooming houses is repealed and recreated to read as follows: (B) Within sixty (60) days after the effective date of this Article, anyone renting to more than four (4) roomers shall make application to the Housing Inspector or designee for an operating license. SECTION 15. That Section 16-41(A) of the Oshkosh Municipal Code pertaining to term of the operating license is amended by changing "two (2) years" to "one (1) year" . SECTION 16. That Sections 18-79. 1 (A) and (B) of the Oshkosh Municipal Code pertaining to property maintenance requirements are recreated to read as follows: (A) The exterior of every structure or accessory structure, residential or non-residential, including fences, shall be maintained by the owner, occupant, or person authorized to use same, in good repair and all exterior surfaces thereof shall be kept painted or covered with exterior siding in- tended for that use by the manufacturer for purposes of preservation and appearance. The same shall be maintained by the owner, occupant, or person authorized to use same, free of broken or missing siding, shingles or exterior woodwork, crumbling stone or brick, excessive chipped, peeling, or lack of, paint, missing, broken or deterioratinq steps, porches, nandrails and c�uardrails or any other condi- tions reflective of deterioration and/or inadequate mainte- nance or as may tend to depreciate property values in the area or create a nuisance or hazard. (B) On all residential and non-residential premises in the City, any junk, debris or condition, including but not limited to: wood, bricks, concrete rubble, cinder block or other build- ing materials, scrap metal, tree limbs or brush, tree stumps with a height greater than their diameter, diseased or dead trees or other yard waste, household garbage or refuse not properly contained or stored, inoperable vehicles, motor or recreational, as defined in section 16-22 or parts thereof and inoperable machinery or parts thereof (except when - 8 - � ' � ' June 6, 1991 91-265 Cont'd. � June 20, 1991 91-294 housed inside out of public view) , refrigerators, stoves, washing machines, dryers, or other appliances, waterheaters, dilapidated dog houses or animal cages, animal waste, uphol- stered furniture, mattresses, bedsprings or other furniture not intended for exterior use by the manufacturer and used or stored on open porches or in yards, rutted lawns or driveways or any other unsightly conditions as may tend to depreciate property values in the area or create a nuisance, hazard or eyesore, shall not be allowed on any property by the owner, occupant, or person authorized to use same. Lots in residentially developed areas shall be kept free, by the owner, occupant, or person authorized to use same, or dirt piles, rubble and any other material or conditions which might hinder maintenance of the property, except that dirt piles used for landscaping purposes shall be leveled and said areas seeded with g.rass within thirty (30) days of the date of delivery of the dirt. Dirt piles in commercially and industrially zoned areas shall be removed within one (1) year of the date of deposit on the property, except those used in conjunction with properly zoned landscaping busi- nesses or contractor's yards. SECTION 17. This ordinance shall be in full force and effect from and after its passage and publication. �__._____ ___..� ruL:dI'PTED BY . �� P�''��0`,r:r�L ✓ ! - 9 - • • Ord 91-294 Substitute Amendment to Ord. 91- 2g� PURPOSE: To alter penalty provisions for the Housing & Property Maintenance Codes SECTION 17. That Section 16-46 of the Oshkosh Municipal Code pertaining to penalties for violations of the minimum housing code is repealed and recreated to read as follows: SECTION 16-46 PENALTIES Any person who shall violate any of the provisions of this Article shall upon conviction be punished by a forfeiture of not less than Fifty Dollars ($50. 00) for the first offense, One Hundred Dollars ($100.00) for a second offense within 12 months of conviction or Two Hundred Dollars ($200.00) for a third or subsequent offense within 12 months of conviction, nor more than Five Hundred Dollars ($500.00) , together with the costs of �rosecution, and in default of payment thereof, by imprisonment in the County Jail for a period not to exceed sixty (60) days. Each day of violation shall constitute a separate and distinct offense. (A) Smoke Detectors. Notwithstanding the foregoing, any person convTd of violating Section 16-33 (A) (7) shall forfeit not less than One Hundred Fifty Dollars ($150. 00) for the first offense and not less than Three Hundred Dollars ($300. 00) for the second or subse�uent offense within 12 months of conviction, and not more than Five Hundred Dollars ($500. 00) , together with the costs of prosecution, and in default of payment thereof, by imprisonment in the County Jail for a period not to exceed sixty (60) days. Each day of violation shall constitute a separate and distinct offense. SECTION 18. That Section 18-79. 1 (E) of the Oshkosh Municipal Code pertaining to penalties for violations of the property maintenance code is repealed and recreated to read as follows: (E) Any person who shall violate any of the provisions of this Section shall upon conviction be punished by a forfeiture of not lzss thar. Fif�Y Doil�rs �$��. �C; f�r }r.e �i�st ��e^s�, �ne Hundred Dollars ($100. 00) for a second offense within 12 months of conviction or Two Hundred Dollars ($200. 00) for a third or subsequent offense within 12 months of conviction, nor more than Five Hundred Dollars ($500. 00) , together with the costs of �rosecution, and in default of payment thereof, by imprisonment in the Count� Jail for a period not to exceed sixty (60) days. Each day of violation shall constitute a separate and distinct offense. In addition, any violation of this Section may be abated pursuant to Section 18-80 of this Code. SECTION 19. 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