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PURPQSE: P�EVISE MLN�1C1"�1 HOLSING CODE
ID7I'iZATID BY : QTY
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A C�7ERAL ORDII�N� OF THI? QTY OF C6HKQiH IZEPF,P,T_I�IG AND RFC:t�p'�`ING AKPIQ,E; I7,
SECSIONS 1E-21. '�'H�7 15-47 OF THE: �fIICCSH Mr]NiCSPAL CODE PEI:i'EIII�TING � MLNINNM
HOiSiPJG CODE
The Coic�n Co�ciZ o= the City or" Oshkcsh do ordain as follows:
UECI'StJN 1. Tha�: Art�.cl.e II, Sections �6-21 ��uu :.(i-46 oi the Oshkosh
Nhmicipal Ccdc� �-�s;>rtairvng'. to Minumnn Housing Co3e i.s �-,�reby re�alirl.
SECTI�7 2. Th�t Article Ii, Section:; 1E-21 thni 1,6-47 of t`�G Ostilcosh
P�r�ici.pal. C�3e pertai.nir.g to iNiiir.vm Housir.q C.czle is nereby r.ecreated to read
as fc11a,T �.
(AS AZ'I'AC:f� Fi�:F+E,7L"';
SELZ30N 3. This oniinanc�e shali be in full forc� and effect from and
a£ter its passaye and dat�� of oublicatioao
a m.
SUB�(ITTED By
I PF;O''^�
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What follows is the ";iINL*SIM HOUSING CODE" for the City of Oshkosh with proposed
anendments, which are underlined. Only those portions which are undetlined are
changes. All of the remainder is the original :ti.nimum Aousing Code as adopted
by the City of Oshkosh on Su1y 23, 1970•.
ARTICLE LI. MINIMIM HOUSING CODE.
DIVISION L PURPOSE; POLICY; SCOPE; HOUSING INSPECTIONS.
SECTION 16-21 TITLE; PURPOSE; POLICY AND CONSTRUCTION SCOPE.
(A) Tit1e
This Article sha11 be knocm and cited as the Minunum Housing Code of
the City of Oshknsh.
(B) Purpose '
The purpose of this Article is to prevent the deterioratian of tesi-
dential units and neighborhoods and to insure a minimum level of
housing standards for the tesidents of the City.
Such units or neighborhoods could become so dilapidated and neglected
that they jeopardize or are detrimental to the health, safety, morals
and general welfare of the people of the City, or to the economic
vaLues of adjoining ptoperty.
The adoption and subsequent enforcement of this Article is therefore
deemed essential to the public interest. It shall be reasonably
construed to maintain a pleasant, safe and healthful enviroctment, and
to help insure the maintenance of property vaLues within the City.
(C) Scope
This Article sha11 pertain to all rental dwellings and their premises
in the City.
SECTIO�i 16-22 DEFiNITIONS.
(A) The following definitions shall apply in the inteLpretation and
enforcement of tne Minimum Housing Code:
{1) APAR'�IE��IT KOTEL Same as "Aotel".
(2) APPROVED "approved" shall mean in accordance with regulatioa
established by City ordinance or Code and authority designated by
law to enforce such ordinance or Code.
(3) BAS �SENT "Basement" shall mean a story whose floor line is below
grade at any entrance or exit and e.fiose ceiling is not more tnan
five (5') feet above grade at such enYrance or exit. The f3rst
floor is the floor next above the basement, or the lowest floor
if there is no basement. The numbez of sCUries includes all
stories except the base�aent.
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(4) BATH "Bath" shall mean a bathtub or shower stall properly con-
nected with both hot and cold water lines.
(5) B?.THROOM "Bathroom" sha11 mean a non-habitable room which is
used, or intended to be used, primarilq for 6athing and or toilet
uurnoses. and which co¢tains a water closet. lavatorv, bathtub or
(6) BEDROOM "Bedroom" shall mean a habitable room within a dwelling
unit which is used, or intended to be used, pri.marily for Che
purpose of sleeping� but sha11 not iaclude any kitchen or dining
room. Bedroom, however, sha11 not be interpreted so as to
prohibit efficieacp apartments.
(7} CITY °City" shall mean the Citp of Oshkosh, Wisconsin.
(S) COLY4UNAL "Communal" shall meaa used ar shared by, ot intended co
be used or shared by, the occupants of two or mnze rooming units
ar two oY more dwelling units.
(9) DWELLING "Dwelling" shall mean a building or portion thereof
designed or used exclusively for residential occupancy, hut not
including home trailers, mobile homes, hotels, motels, boarding
and lodgi.ng houses, tourist cou�ts or tourist homes.
(a) SI23GLE-FA.'4ILY DWELLING "Single-Family Dwelling" shall mean a
building designed for and occupied exclusively by one
family.
(b) TWO-EA.�SILY DWELLIHG "Two-Family Dwelling" shall mean a
building designed for and occupied exclusively by two
families.
(c) RENTAI. DWELLING ^Rental Dwelling" sha11 mean a dwelling oz
nnrrinn rhereof in which snace is let for residential
oecunancy Yor a petioa oL �aore inan xour wee!cs to anY per
or persons not related to the owner � bluod, marria�e,
adoption, or legal �uardianship, in exchan�e for the paym
ot rent c,: offerine of services. but not includine foster
en as
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(10) DGiELLING UI3IT "Dwelling Unit" sha11 mean a roo� or suite of rooms
usad as a single-family dwelling including bathroom and kitcnen.
(iij r,rrlCi�:NCY APART:IENT "Efficiency Apartment" sha11 be a dwelling
unit consisting of one habitable zooa.
(12) EXTER�SI;tATION "Extermination" sha11 mean the control and elimina-
tion of insects, rodents or other pests by elimination of their
harborage places, by removing or oakina inaccessibie �nat2rial
that may serve as their food, by poisoaing, sorayin$, trapping or
by any other recoqnized and legal elimination nethods approved by
the $ealth Department of the City.
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(13) F�?fILY "Eamily" shall mean one or more persons related by blood
marriaQe, adoptio¢, or 1ega1 �uardianship, or a�roup of not mo
ihan four C4) oersons_ wno ne2d not be ielated_ livine toeether
(14) GARBAGE "Garbage" shall mean the aniunal and vegetable uraste
resul[ing from the preparation, handling, cooking and consnmption
of food.
(15} HABITASLE ROOi4 "Habitable Room" shall mean a room or enclosed
floor space used or intended to be used for living, sleeping
. cooking or eating purposes, excluding bathrooms, laundries,
pantries, foyers, communicatin� corridors, closets and storage
spaces.
(16) HOTEL "Hote1" sha11 mean a building in which lodging, or boarding
and lodging are provided and oEfered to the public for compensa—
tion, and in which ingress and egress to and from all rooms are
made through aa inside lobby or office supervised by a person in
charge at a11 times.
(17) II3FESTATION "Infestation" shall mean the presence of any insects,
rodents, oL other pests within a dwelling or on the clwelling
premises.
(18) KITCHEN "Kitchen" shall mean a habitable room or area used or
intended to be used foi cookino or the prepatation of ineals.
(19) MULTIPLE Dtv'ELLING "Multiple Dwelling" shall mean any dwelling
containiag mor�. than Cwo (2) units.
(20) NUISA[3GE ".Iuisance", for the purposes of ihe ilini.mum Housing
Code, shall be defined as follows:
(a) Any attractive nuisance which may prove detri.mental to
children whether in a building or upon a lot. This includes
any abandoned wells, shafts, 6asements, and excavations; or
any abandoned refrigerators and inoperable motor vehicles;
or any structurally unsound stiuctures; or any lumber,
trash, debris or vegetation which nay prove a hazard for
inqu:i.sitive m3nors.
(b) [,hiatever is dangerous to human life or is detrimental to
heaLth.
(c) Overcrowding a toom wirh occupants.
(d) Insufficient ventilation or illumination.
(e) Inadequate or unsanitary sewerage or plumbing facilities.
(f) Uncleanliness.
(g) Whatever renders air, food or drink unwhoLesome or is
detrimental to the health of riuman beings.
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' (h) Unsafe or dangerous electrical wiring.
(21) OCCUPANT "Occupant" shall mean any person living, sleeping or
eaLing, or haviag actual possession of a dwelliag unit or roomfng
unit.
(22) OPERATOR "Operator" sha11 mean any person who is in charge or
control of a building or part thereof in which dwelling units or
rooming units are let.
(23) OWNER "Owner" shall mean any person who alone or jointly or
severaLly with others shall be the legally recorded holder of the
title with or without actual possession thereof, ot who has
charge, care ot control of any dwelling or dwelling unit as agent
or owner or as executor, administrator, trustee or ouardian of
the estate o£ the owner. The term "owner" under this Article
shall also include the legally recorded holder of a land contract
vendee interest.
(24) PERSON "Person" shall mean and include any individual, firm,
corporation, partnership or associationo
(25) PL[JI�ffiING "Plumbing" shall mean and include the follocring: all
piping� fixtures, appliances, equipment, devices and appurt-
enances in connection with the vater supply, water distribution
and drainage systems, including hot water storage Laaks, *aater
softeners and water heaters connected with such c+ater and drain-
age systems and also includes the installation thereof or a water
pressure system other than municipai systems as provided in
Chapter 144 of the Wisconsin Statutes.
(26) PRESISES "Premises" shall mean a lot together with all buildings
and structures thereon. .
(27) ROO�SER "Roomer" shall mean an occupant of a rooming house who is
not a member of the family of Lhe operator of that rooming house,
or an occupant of a dwelling unit who is not a member of the
famiYy occupying the dwelling uait.
(28) ROOMING HOUSE "Rooming House" shall mean any dwelling, or that
part of any dwelling, containing one or more rooming units, in
which space is let by the owner or operator to more than fout
roamers.
(29} k00MING UNIT "Rooming Unit" shali mean any room or group of rooms
foxming a single habitable unit in a:ocaing iiouse used or
ia:eaued to be used for living and/or sleeping.
(30) RUBBISH "Rubbish" sha11 mean household waste, except garbage; and
the term shall include tin cans, glass, metal, crockery, and
similar household wastes; also papers, rags, lawn rakings and
other combustible refuse.
(31) SUPPLIED "Supplied" sha11 mean paid for, furnished or provided by
or under the control of the owner or operator.
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(32) :�ANING OF CERTAIN WORDS Whenever the words "Dwelling", "Dwelling
Unit", "Rooming House", or "Premises" are use3 in this Article,
they sha11 he construed as though they were followed 'oy the words
"or any part thereof".
(B) All words other than those specifically defined herein shall have
their ordinarily accepted meanings as implied by the context.
SECTION 16-23 INSPECTION OF PREMISES - HOUSING INSPECTOR - AUTHORIZATION;
TP�fE; NOTiCE - SEARCH WARRANT - WAIVER; NON-PERTINENT DISCOVERIES
CONFIDEIQTIAL; OBSTRUCTION - REFUSAL - CEASE AN❑ DESIST ORDER.
(A) The Housing Znspector is authorized and dizected io make inspection
when he has valid reason to believe that a violation of this Article
has occurred.
(B) The Housing Inspector is authorized to enter and inspect all dwellings
and dwelling units subject to the provisions of this Article between
the hours of 5:00 A.M. and 5:00 P.M. (except Sundays and Holidays),
for the purpose of de[ermining whether there is compliance with the
provisions of this Article. He sha11 give the occupant thereof, or if
there be none, then the owner thereof, reasonable notice of his intent
to inspect the premises and may then make his inspection only 3f he is
given permission to do so. In the absence of such permissioe, he
sha11 obtain a search watranC before entering the premises. Aowever,
if delay in inspection would pose a serious and imminen.z threat to
human life, health or property, he may enter the premises without such
permission or notice and with or witiout a search warrant as the
circumstances may prescribe. The Housing Inspector and the owner or
occupant in charge may agree to an inspection by appointment at a time
other than during the hours specified above.
(C) The Housing Inspector shall keep confidential a11 evidence qot related
to the pupose of this Article which he may discover in the course of
the inspection. Such evidence shall be coasidered privileged and
shall not be admissible in any judicial proceeding without consent of
the owner, occupant, or othet person in charoe of the dwelling unit so
inspected.
(D) If any ownzr, occupant, or other person in charoe of a dwelling or
dwelling unit subject to the provisions of this Article refuses,
impedes, inhibits, interferes with, restricts or o6structs entry and
ttee access to any part oi the structural premises wnere inspection
authorized by this Article is sought, the Housing Inspector may seek
from any court of competent jurisdiction, an order that such owner,
occupant or other person in charge cease and desist with such inter-
ference.
DIVISION 2. NOTLCES; HOUSING ADVISORY A.�III APPEALS BOA.RD; O.RDERS;
HEAAINGS; REVIEW.
SECTION 16-24 NOTICES - CUNTE4iTS; SERVICE; TI?fE FOP. RE4EDir1L ACTION SY OWN�I'i.
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(A) Svhenever the Housing Inspactor deter.nines that there has been a violation
or that ihere are reasonable grounds to believe that there has been a
violation of any provision of this Article, he shall give written notice c
such violation or alleged violation to the owner of record of the property
or his agent. Such notice shall:
t�)
i2)
(3)
Include a description of real estate sufficient for identificatian.
Include a statement of the alleged violation or violations.
Include an order for remedial action.
{4) Allota reasonable time, of up to six (6) months, fot performance o£
any action required.
(5) Be served upon the owner, or his agent, provided hoc+ever that such
notice sha11 be deemed to be properly served upon such owner, if a
copy thereof is delivered to him personally or if not found, by leavin
a copy thereof at his usual place of abode, in the presence of someone
of the family of suitable age and discretion who shall be informed of
the contents thereof, or by sending a copy thereof by registered mail,
with return receipt required, to his last known address, or if the
registered letter with the copy is returned with a receigt shocring it
has not 6een delivered, to him, by posting a copy thereof in a conspic�
place in or about the dwelling affected by the notice.
SECTION 16-25 HOUSING ADVISORY AND APPEALS BOARD - CREATION; MEMBERS -
APPOZAITMENT; RULES AND REGULATIONS; DECLSI�NS AND FI2iDINGS.
(A) In order to provide for reasonable interpretation oE the provisions of this
Article, there is created a"Housing Advisory and Appeals Eoard", consisting
of five (5) members who are qualified by experience and training to pass
upon matters pertaining to housing.
B. The Housing Aavisory ana apneals noara
�,pointed hy the Mayor, with the appro�
(3) years excent that o£ thosF first ,
one (1) yeat two (2) for two (2) year:
The members shall serve without compen�
of the Citv Council shall desi�nate a
The ;fayor with the a�proval of the Ci
alternate mem8ers for a term of three
nnwPr_ ontv when a memoer of the Board
ict of
ur cne
Housing Znsp�
of the Board
hall consist of
1 of the City C
pointed, one (1
and two (2) fo
tion. The Mayc
C1) oE the r�en
arest or in a member's absenc
xpired tex�s of inembers whose
sha11 be an ex-officio member
the approval
Chairma:�,
t two (2 i
with full
me vacant. The
act as Secretary
(C) The Board shall adopt reasonable rules and regulations for conducting its
investigations and shall render a11 decisions and findings in writing to
the Aousing Inspector wi.th a duplicate copy to the appellant and may recommen
to the City Council such new legislation as is consistent herewith.
SECTION 16-25 HOUSING BOARD - HGAFtiVGS - PETITIOt3S - CONTENTS - FILING; HOUSIr'G
INSPECTOR - RECORDS; OATHS t1�*7D AFFIR�La.TIONS.
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(A) Any person affected by any notice Which has been issued in connection
with the enforcement of any provision of this Article, may request and
shall be granted a hearing on the matter before the Aousing Advisory
and Appeals Board provided, that the person requesting the hearing
shall file a written petition with the Board and with the Housing
Inspector raquesting such hearing, specifying the grounds thereof.
Such petition shall be filed prlor to expiration of the time stated on
the ordar. The patition for hearing shall he filed with the Board in
duplicate, and shall sat forth name, address, and a brief statement of
grounds for such hearing.
(B) The Housing inspector shall forthwith, upon the filing of such petitons,
transmit to the Board all of the papers constituting the recocd upon
which the petiiion for the hearing was taken.
(C) The Board shall have the powez to administer oaths and affirmations in
connection with the conduct of and hearino held in accordance with the
provisions of this Article.
SECTION 16-27 HOUSIVG BOARD - HEARINGS - TI�; POSTPONEMENT; NOTICE OF HEARING
PETITIONER TO SAOW CAUSE; EFFECT OF DEFAULT - DISMISSAL.
(A) The Board shall fi�c a reasonable tune for hearing of t�e petition,
which sha11 be not less than teu (10) days nor more tt�an thirty (30)
days after the date on which the petition was filed; provided also,
that upon written application oE the Petitioner to the Board, it may
postpone the date of the hearing for a reasonable time beyond such
thirty (30) day period, if in its judgment, the petition has set fortn
a good and sufficient reason for such postgonement.
(B) The Board sha11 give ten (10) days written notice of Lhe time and
place of the hearing to the Petitioner and to the Housing Inspector.
(C) At such hearing the Petitioner shall be given an opportunity to be
heard and to show cause why such notice should be modified oz witri-
drawn.
(D) The failure of the Petitioner or his representative to appear ae his
hearing shall be gcounds for dismissal of the petition and sha11
terminate the right of further appeal.
SECTZON 16-28 AOUSING BOARD - NOTICE !vY ORSIER ZF PETITION FOR HEARI:3G NOT
FILED.
Any notice served pursuant to Section 16-24 of this Article sha11 automatically
becaae an order if a written petition foc a hearing is not filed i.n the office
of the B^ard ptior to expiration of the time stated on the notice, Any occu-
pancy permit which has been suspended by a notice shall be deemed auto�aatically
revoked if a petition for hearing is not filed in the office of the Board prior
to the expiration of the time stated on the notice.
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SECTION 1b-29 DECISIONS OF THE BOARD - COMPL7ANCE - TI:IE LIMIT; PER�I2S -
REVOCATION.
(4) After such hearing the Board shall sustain, modify or withdraw the
order depending upon its findings as to whether the provisions of this
Article have been complied with, The Board may also modify any order
so as to authori2e a variance from the provisions of this Article when
because of special conditions, a literal enforcement of the provisions
of ihis Article will resulC in unnecessary hardship, provided that the
spirit of this Article is observed, public health and welfare secured,
and substantial justice done,
(B) If the Board sustains or modifies such order, the owner, operator or
accupant, as the case may require, shaLl comply with a11 provisicas of
such order *.rithin a reasonable period of time as determined by the
Board.
(C) After a hearing in the case of any notice or order suspending any
perait required by this Article, when such notice order has been
sustained by the Board, the Board shall order the permit revoked,
SECTION 16-30 DECISIONS OF THE BOARD - RECORD, SERVICE ON PETLTIONER; COURT
REVIE�d - ST�`IDING; TL�LE LL�tIT; YOTIFICATLON OF SOARD - TZME
LL+tIT - CONTENT5.
(A) The proceedings at such hearing, including the findings and decisions
of the Board, shall be summarized, reduced to writing, and entered as a
mattez� of public record in the office of the Board. Such record shall
also include a copy of every notice or order issued in conuection csith
the matter.
(B) A copy of the written decisioa of the Board shall then be served in
the manner prescribed under Section 16-24 (A) on the person who filed
the petition for hearing.
(C) Any person or persons jointly or severally aggrieved by the decision
of the Board, or any taxpayer, or any officer, department, board, or
bureau of the munirxpality may seek relief there`rom by having the
decision reviewed by a courC of competent jurisdictio¢ by certiorari,
if ihe petition for the writi is presented ta the Court within fifteen
(15) days after the date on which the said Board's decision was served
on the qerson who F�il aA ±!�_ ���„��� ;�;,� ; �o«po a�,u iL tne person
aggrieued notifies said Board within seven (7) days after said Board's
decision was served on him of his intention to present such petition
to the court. Such petition duly veXified, sha11 set forth that such
decision is illegal in whole or in part, or does not comply with the
provisions of Section 16-24 specifying the grounds thereof.
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SECTION 16-31 E�fERGENCY ORDERS - HOUSING INSPECTOR - NOTICE.
If the Housing Inspector sha11 determine that a building is in such condition
that it constiiutes a public nuisance and that there is great and immediate
danoer to the public health, safety, and welfare, he shall post.a notice on the
premises containing the following words:
THIS BUILDING CANNOT BE USED
FOR HU:i.4N HP.BITATION, OCCUPAPICY OR USE
and he shall i,nmediately prohibit its use, until the necessary repairs have been
made, The procedure thereafter followed sfia11 be pursuant to Section 16-24.
SECTION 16-32 UNAUTH4RZZED RFatOVAL OF NOTICE.
No person shall interfere crith, obsiruct, muiilate, deface or remove the official
notice or placard from any dwelling or from dwelling unit.
DIVISION 3. MINLi1UM STANDARDS, REQUIR&^SENTS A�`iD
CONDITIONS EOR OCCUPrL`iCY.
SECTION 16-33 AfINL*fiJ�f STANDARDS EOR EQUIPMENT AND FACZLITIES.
{A) All habitable buildings shall comply with the followiag requirements
for basit equipment aad facilities:
(1) Sinks
Every dwelling unit sha11 contain a kitchen sink which shall be
located in the room in which the food is cooked or prepared.
(Z} Bathrooms
(a) Every dwel
unit sha11 contain a
irres�*ective oE the
v_ exceot that where
consisting of not more than three (
at least one (1) bath, water cl.oset
two (2) sucn dwellinz units.
isuc requirza as a
there are dwelling unit
i roocas there shall be
(b) A room wherein a water closet, lavatory or bath is installed
sha11 insure privacy to a pezson crithin includin� a door on
eacli doorway to any such rooa.
(3) Plumbin� �
All plumbing shall be in accordaace with the Plumbino Code for
the City of Oshkosh, and with Wis. Adm. Code Chapter �{62.
(4) Water heating faciL9.ties
Every dwelling unit sha11 have automatic or manually operated
water heating facilities which are proper2y installed, are
maintained in safe and good working coadition, and are connec[ed
n
to fixtures as required in the przceding paragraph; and are
capa6le of heating water to a teaperature of at least one hundred
twenty (120°) degrees Farenneit so as to permit an adequate
amount of hot water to be dracm at every required sink, lavatory
basin, bathtub, or shower even when the required dwelling space
heating facilities are not in operation.
(5) Garbage and refuse receptacles
Every dwelling unit sha11 have adequate disposal equipmeni or
receptacles for garbage and rubbish large enough to hold all
gatbage aud rubbish generated by that dwelling unit. Such
receptacles sha11 comply with the requirements and standards set
by the Department oi Public Worlcs and the City Health Department.
(6) Stairways, Handrails, and GuardraiLs
(a) All stairways shall have risers of
one
tread to tread, and
de. aeasured riser
to riser. Stairwavs crith more
constructed
not less than
va the treads. measured verticall
nose of the treads.
nore tnan cwenLV-zour
a
or
at least
the floor,
However; any stairway constructed before 1957 which fails
to meet these riser and trezd measurement requiraaents by a
distance of less than 1/2 inch, and which is otherwise in safe
and sour.d conditions, shall not be reau_red to meet the above
riser and tread seasureaent reauirements_
(b) After the effective date of this amend�ent, any dwelling
which is chan�ed as to tlte number of dwellino units within
the dwelling, or to which new habitable rooms are added, or
wh3ch is chan��ed from a r.on-tental dwelling to a renCal
dc�ellin¢ sha11 have all staitwavs made to cn�nolv vrith the
SECTION 16-34 *.ffNTi[Uht S'�NDARDS FOR HEATING,.VENTILATION, ELECTRLCAL SERVICE
AND LIGHTING.
(A) A7.1 habitable buildings,shall comply with the foliowing requirements
for heating, ventilation, electrical service and lighting: -
(1) Heating
Every d�aelling shall have heatin� facilities which are capa6le of
safely and adequately heating a11 habitable rooms and bathrooms,
within its waLls to a temperature of at least sixty-five (05°)
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degrees Fahrenheit with an outside temperature of minus fifteen
(-15°) degrees Fahrenheit, without Eorcing the heating facilities
beyond safe capacity. Heat sha11 be supplied such that the
temperature within a11 habitable rooms and battirooms is wich�n
the range oE sixty-£ive (65°) degrees Fahrertheit to saventy-five
(75�) deorees Fahrenheit at a11 times that the outside temneratur
is less
(2) Lioht and VentiLation
(a) Af t
whi�
the
whi
dwe.
1iQ
Adm
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fective date of this amendment
❑�ed as to the numbec of dwall
cnangea irom a n
sha11 be made to
(b) All habitable rooms
provided rai.th natur
exterior doors or w
(c)
t.
mply with the requiremen[s for
ted in Section Ind 21.05 Wis.
kitchens and bathrooms, shaL1 b
ation by aeans of ope¢abLe
at least 3.5% of the net floor
Every bathroom and toilet compartment shall have at least
one (1) window openahle directly to the outside or be
equipped with a power-driven fan or gravity vent ducted to
the outside.
(d) Whea flies or other pests are prevalent, all windovs and/or
doors openable directly to the outside as required by
Subsection (A) (1) and (2) of this Section shall be effect-
ively screened.
(e) A11 openings to a building which migh�. provide an entry for
rodents sha11 be effectively protected at a11 times so as to
prevent their entry.
(3) Electrical service
(a) Every habitable room sha11 contain at least tWO (2) separate
wall--i:ype electric convenience outlets or one (L) such
convenieace outlet and one (1) ceiLing-type or wall-type
electric fixture; and every water closet compartment,
bathroom, laundry room, furnace room and public hall sha11
contain at least one (1) ceiting or wa21-type electric
fixture. Every such outlet and fixtur.e sha11 be properly
installed and sha11 be maintained in a good and safe working
condiiion and shall be connected to the source of the elec-
tric pocrer in a safe manner.
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(b) In every building accosodating two (2) or more dwelling
units using the same corridors and stairways, adequate
lighting sha11 provided in such corridors and stairways when
needed. Such lighting sha11 be operated by any of the
following means:
(i) Light switches
a) Corridors - By conveniently located light switches.
b) Stairs - At least the equivalent of a three-way
light switch system located at the top and bottom
' of all stairc�ays.
(ii) Any automatic type of opetation which will maintain
adequate lighting at a11 times, either natural or
artificial.
(4) Energy Conservation
(a) 2,11 exterior windows, exceot for basement windows shall be
double olazed or have storm windows. �11 exterior door-
sha11 have a stocs door or equivalent insulated door.
(b) Exterior ioints around windows and door frames between wa11
cavities and window or door frames, betu�en walls and foun-
dations, between wa11s and roofs, betaee� wa11s and floors,
between separat2 wall panels, at ext�cio- penetrations of
utility services, and a11 other openi... in the exterior
surEaces of a11 dwellings shall be cauli:ed oasketed
weatherstripped or otherwise sealed.
(c) After the effective date of this amendment, any dwelling
which is chanQed as to the number of dwellino units within
the dwellinQ, or to which new haoitable reo�as are adde3 or
which is chan�ed from a non-renial dwellin� to a rentat
dwellinQ sha11 have a11 ceilinos or attics between neated
areas and unheated areas insuLated aitti standard insulat�no
material, such as celulose or mineral fiber processed from
rock, slag or or glass, to a level which provides an insuLa-
tion value of not less than A-38, esceQt as Eollows:
(i) If insulatin� material with an insulation value of R-38
cannut be installed because of inadequate space bz�:;een
the ceiling and the roof, then as much insutation as
space persits shall be installed.
(ii) If an area already has insulation w3tn a uniPorm insu-
lation value oE R-19, no addi[ional insulation sha11 be
required in that area.
(d) idhenever stud s�aces or other structural cavities are ex-
posed in exterior walls, such as durin� rzmodeLiaP or other
alterations, tho;z exoosed cavities sha11 be filled wicil a
standard insulating ruaterial, sucn as celulose or mineral
fiber processed c`ron rocic, s1a� or �lasc, before tne cavitv
��
/ 1
SECTION 16-35 REQUIREMENTS FOR MAINTENANCE.
(A) All habitable buildings shall comply with the following requirements
for maintenance:
(1) Floors, walls, etc.
(a) Every floor, wall, ceiling, foundation and roof shall be
weathertight, capable of affording privacy, kept i.n good
repair, and in a clean condition.
(b) All rainwater sha11 be so drained from the roof so as not to
cause unreasonable dampness in any wa11, ceiling or floor of
a habitable room, bathroom or toilet room.
(c) Exterior surfaces sha11 be painted or suitably surfaced to
prevent unreasonable deterioration of the structure.
(d) All windows and doors shall be maintaiued in good repair.
(e) All cracking, scaling, oeeling, chiopin2, and loose paint
such as
weiQnt on
nd sanded to thoroughly remove sucn
ted with two coats of a suitable no
r`ace sha11 be covr.red with a suita
more. than five tent
sha11 be avolied to
fR.7
(2) Stairs and porches
Every inside and outside stair, every porch and every apputte-
nance thereto shall be so constructed as to be safe to use and
capable of supporting the load that normal use would cause to be
placed thereon, and shall be kept in sound condition and good
repair, and in a clean condition. Such stairs shall be kept ftee
of refuse or stored material.
(3) Plumbina systems
Pumbing systems shall be maintained in a sanitary and functional
condition. Leaking pipes and cracked or broken fixi.ures shall be
considered unsanitary.
(4) Chi.mney and smoke pipes
Every chi.mney and smoke pipe sha11 be adequately supported,
reasonably clean aad maintained in a good state of repair.
(5) Discontinuance of service
No owner, occupant or operator sha11 cause any required service,
facility, equipment or utility to be removed from, shut off from
or discociCinued Eor any occupied dwelling uni[, excepC fot such
temporary interruption as may be necessary crhile actual repairs
or alterations are in progress, or during a temporary emergency.
�3
(6) Vacant dwelling units to be clean before being 1et for occupancy
No owner sha11 rent to any other person for occupancy or ailow
any other person to occupy any dwelling unit unless it is safe
and clean and complies with a11 rules and regulations.
(7) Cleanliness
(a) Every dwelling unit shall be kept free of any accumulation
of rubbish, trash, debris or other matter if the same tends
to create a health and(or fire hazard.
(b} The accumulation or storage of junk, wood, brick, cement,
block, or other unsightly debris, o1d automobiles or parts
the�eof, trucks, tractors, refrigerators, furnaces, washing
machines, stoves, machinery or parts thereof, such as may
tend to depreciate property values in the area or create a
� nuisance or hazard sha11 not be allowed on any lot oc parcel
of land within the corporate limits of the City, except as
� say be allowed by th3s Code, or except wnen such materials
aYe properly housed and out of public viev.
SECTION 16-36 CONDITIONS OF OCCUPANCY OF DWELLINGS AND DWELLING UNITS.
(A) No person sha11 occupy or let to another for occupancy any dwelling or
dwelling unit for the purpose of living therein which does not comply
with the folloving requirements:
(1) Floor space
Every dwelling unit except hotels and rooming houses shall '
contain at least one hundred fifty (L50) square feet of habitable
floor space for the £irst occupant thereof and at least one
hundred (100) additional square feet of floor space for every
additional occupant theteof.
(2) Habitable room area
Floor area sha11 be calculatzd on the basis of habitable room
area. Aowever, closet area and hall area within the dwelling
unit, where provided, may count for not more than ten (10%}
percent of the required habitable floor area.
(3) Cei.ling height
At least onrhalE (1/2) of the floor area of every habitable room
sha11 have a ceiling height of at leas[ seven (7') feet aad the
iioor area oi cnac part oi any room wnera the ceiling height is
less than five (5') feet shalL not be considered as part of the
floor area in computing floor area of the room for determinino
the maximu�a persissible occupancy thereof.
(4) Access
Every occuoant of
access to a bath,
the d-aellino unit
one (1) sleeoin�
unit shall have unrestricted
a
Such access snaL1 not be through more
rouu. Where two dc.•ellinz units share one
��
bathroom as permitted in Section 16-33(A)(2)(a), access from
either dwellin� unit shall not neczssitate passa�e throueh a
t.
(5) Basement space
A basement space may be used as a living or sleeping room or a
dwelling unit if floors and walls are impervious to the leakage
of underground and surface runoff water, excess humidity is
controlled and the space used complies with the requirements foz
habitable rooms.
(6) Exits
After the effective date of this amendment, an dwelling which is
changed as to the number of dwelling units within the dwelling,or
to which ne:� habitable rooms are added, or which is changed
from a non-rental dwelling to a rental dwellino sha11 be,made to
compl�� with the requireme^.ts ior esits, doors and hallways as
listed in Section Ind 21.03 Wis. Adm. Code.
(7) E�cit door security
Every exit door from any dwellin� unit shall be equipped w
hardware which is canable of securing the door in a closed
position, and which is locl:able and unlockable froa the in
and the outside of the dwelline unit_ �
SECTION 16-37 Rr.SPONSIBILITIES OF OW�IERS AND OCCUPANTS.
(9) Where in this ArYicle the obligation for observance is not otherwise
clearly designated, the respective responsibility of owner, operatur
and occupant is as follows:
(1) Responsibilities of owner
Every owner of a dwelling shall be responsible for maintaining in
a safe and clean condition all communal, shared or public areas
of the dweliing and premises.
(2) Responsibilities o£ others
Every occupant of a darelling or dwelling unit shall maintain in a
clean condition that part of the dwelling, dwellino unit and yard
which he occupies and controls.
(3) Disposal uf ruUbish
Every occupant of a dwelling or dwelling unit shall place a11 his
rubbish in proper receptacles.
(4) Disposal of garbage
Every occupant oE a dwelling or dwelling�unit, who does not
otherwise provide for the disposal of garbage in a sanitary and
inoffensive manner, shall prepare all his garbage for collection
and place it, pending collection, in a proper receptacle as
provided iierein. The owner shail be responsible for sup�lying
such facilities or receptacles for all dwel.ling units in dwellings
containing more than two (2) dwelling units. In a11 other cases,
the occupant sha11 be responsible for such facilities or receptacles.
�S
(5) Extersination of pests
(a) Every occupant of a dc.�elling unit in a dwelling containing
more than one dwelling unit shall be responsible for the
extermination of any insects, rodents or other pests there-
in, whenever his dwelling unit is the only one infested;
provided, hoWever, that cdnen infestation is caused by
failure of the owner to maintain a dwelling in a rodent
proof or substantially insect prooE condition, or if ter-
ciites infest the dwelling unit, extersination sha11 be the
responsibility of the owner.
(b) Every owner or operator sha11 be responsible for exter-
mination of any insects, rodents, or other pests whenever
infestation occurs in more than one dwelling unit in a
dwelling, or in shared or public parts of a dweliing of two
or more units or in any vacant unit.
(6) Responsibility in case of contract
A written contract effective between ocmer and operator, operator
and occupant, or owner and occupant may alter the responsi6ilities
allocated under this Section.
SECTION 16-38 DWELLLNGS A�`ID DWELLING UNITS WHICH MAY BE OCCUPIED - HOUSING
INSPECTOR - DETE.4MINATIONS; ORDERS; TL�iE FOR COMPLIAVCE - EXTEN-
SIO;IS; BULLDING I[3SPECTOR - STAT� LAW.
(A) From and after one (1) year from the date of adoption of this Article,
no dwelling or dwelling unit in the City may be occ�nied if such
dwelling unit has been inspected by the iiousing Inspector and it has
been 3etermined that such dwelling or dwelling unit does not conform
to the requirements of this Article.
(B) Except as to rooming houses which sha11 be governed by Section 16-39,
the Housing Inspector sha11 order compliance with this ArticLe within
a stated period of time not to exceed six (6) months. However, in
case of hardship, he may grant, at his discretion, time extensions not
exceeding six (6) months eacu, and in any case, not exceeding a total
of tcro (2) years from the time of original order. Said extensions
sha].1 be granted only upon evidence of substantial efFort to, and
progxess in, removing the violation.
(C) Any dcrelling declared structurally unsafe sha11 be restored or razed
according to tha provisions of Section 66.05 of the Wisconsin Statutes.
The Building Inspector is hereby designated as an officer to carry out
LIIC O�JV151U[3S U3CLCV1•
DIVISION 4. ROOAIING HOUSES.
SECTION 16-39 ROOMING HOUSES - STATE e1D:KINISTRATIVE CODE.
(A) No person sha11 operate a roomino house, or sha11 occupy or let to
another for occupancy any rooming unit in any rooning house, except in
comFliance witli r.he tdisconsin Administrative Code, Chapter Ind 57 and
-�
�G
in compliance with Sections 16-33 (A) (3-S), 16-34 (9) (3), 16-35, 16-
36 (A) (2-4), and 16-37 of this Article; provided, that for the
purposes of interpreting the requirements of the desionated Sections
applicabLe in the enforcement oE this Section the crords "multiple
dwelling" or "dcaelling" shall be interpreted to mean "rooming house"
and the words "dwelling unit" or "dwelling units" shall be interpreted
to mean "rooming unit" or "rooming units."
SECTION 16-40 ROOMING HOUSES - OPERATING LICENSE; T�fPORARY PERMIT; REQUIRE-
MENTS AND EXCEPTIONS IN GENERAL.
(A) T:�e 3ousing Inspector is authorized, upon application therefor, to
issue operating Licenses and renewals thereof, in the names of appli-
cant owners of rooming houses.
(1) No such licenses shall be issued unless the rooming house i,n
connection with which license is sought is found, after inspec-
tion, to meet the requirements of this Article.
(2) The Housing Inspector is authorized to issue temporary operati.ng
permits for a period not to exceed one (1) year.
(B) Wi[hin sixty (60) days after the effective date of this Article,
anyone rentino to more than two (2) roomers shall make appLication to
the Housing Inspector for an operating license.
(C) No person shall operate a rooming house with more than four (4)
rooaers unless he holds a current license or temporary permit issued
by the Housing Inspector in his name for the specific roomi¢g house.
(1) No permit shall be required where there is in effect a currenC
State Soard of Health hotel, motel or tourist home permit.
SECTION 16-41 ROO:SING HOUSE OPERATING LICENSE - TERM; FEE; FO&"SS; INSPECTIONS.
(A) Every operating license sha11 be issued for a period of two (2) years
from the date of issuance unless sooner revoked, and may be renewed
for successive periods of not to exceed two (2) years.
(J.) No operati.ag license shall be issued or renewed unless the appli-
cant owner has first made application therefor on an application
form provided by the Housing Inspector, accompanied by payment of
a licease fee of Ten ($10.00) Dollars per license. The Housing
Inspector shall develop such forms and make them available to the
pubLic,
(2) No operating license sha11 be issued or renerred unless the appli-
cant owner agrees in his application to.such inspection as the
Housing Znspector may require to determine whether the roomi.ng
house in connection with which such license is sought is in
compliance with the provisions of this Article.
�y
SECTION 16-42 ROOPfI.lG HaUSE OPERATING LICE;tSE - AGENT FOR SERVICE OF NOTICE A.9D
PROCESS.
(A) No operating J.icense shall be issued or renewed for an applicant
unless such applicant designates, in writing, an agent for the receipt
of service of notice of violation of the ptovisions o£ this Article
and for service of process pursuant to this Article. Such designation
sE:ai1 accompany each appLication form.
(1) The applicant may designate any person or resident ia the City
his agent for this purpose, or may designate the City Clerk his
agent for this purpose. .
(�} Such applicant shall i,-¢mediately notify the City C1erk of any
change of agen[.
�
SECTION 16-43 ROOMING HOUSE OPERATING LICENSE - CONTENTS; DISPLAY: TRA@35FER-
ABZLITY; NOTIGE aF CHANGE OF 0'v7PIERSHZY OR COISTROL.
(A} The license shall state the maximum number of occupanLS persitted on
the occupied premises, and sha11 be displayed in a conspicious place
wit5in the communal areas oi the rooming house.
(B) No license shall be transfeYrable to another persoa or rooming house.
(C) Every person holding an operating license sha11 give notice in writing
to the Housing Inspector within fotty-eight (48) i;outs afteY having
transferred or otherwise disposed of the 1ega1 ec-.:c,o1 of any lieensed
rooming house. Such notice shall include the name and address of the
� person or persons succeeding to the ownership or the control of such
rooming house.
SECTION 16-44 ROOMING HOUSE; INSPECTION - NQTICE OF VIOLP,TIOS3; OPERATING
LICENSE RGV�CA2ION - REI,iSPECTION; HEARZNG BEFORE HOUSING BOARD.
(A) Sdhenever, upon inspection of the licensed rooming house, the Iiousing
Inspector finds that conditions or practices exist which are in
violation of this Artcile, he sha11 serve a notice i.n accordanee �ich
Section 16-24. This notice shall state that, unless the raquire�aents
are complied with by a specified date, the operating license say be
revoked,
(B) At the end of the time he has allowed for correction of anv vi�lar;.,�
ciced, tne tlousing Tnspector shall reinspect the rooming house, and if
he determines that such coaditions have noc been corrected, he may
issae an order. tevoking the opezating license.
(C) Anq person who receives a notice pursuant to this Seetion shall be
entitled, if tte requests it, to a hearing before the Housing Advisory
and Appeals Board as provided by Section 16-?.6.
._.
�
SECTION 16-45 ,ffNLKiM REQUIRE�SENTS; SP�CIFICATION OF �NL4iM ST.9NDARDS.
(A) The regulations and standards herein prescribed are mini.mum standards.
If any standard or regulation required by the ":finimuu� Housino Code"
differs from a standard or regulation of some other provision of the
"Minimum Housing Code" or the City Code or state regulation, the more
strict provision shall take precedence.
(B) Specification of minimum standards.
(1) At least one (1) flush caater closet, lavatory basin and bathtub
or shower shall be supplied for each ten (10) persons or fraction
thereof residing in a rooming house including members of the
operator's family when they share the use of the faciLities.
(a) All rooms containing only�one (1) watec closet with oc
without a tub or shower required by this Section sha11 be
provided with doors with operaole locks to insure privacy to
a person within. Where two (2} or more water closets are
provided in the same room for use only by merabers of the
same sex, each fixture sha11 be enclosed in accordance with
Section Ind 52.50 [Jis. Ada. Code, and the door to such rooms
shall not be locked.
(b) All rooms containing only one (1) bathtuh or shower faci-
lity, with or without a water closet, sh•_1 be provided with
doors aith locks to insure privacy to a p:�rson within.
Where two (2) or more of such bathing facilities are pro-
vided in the same room for use onLy by members of the savz
sex, each such facility sha11 be provided with a shower
curtain or door or tub enclosure opening to a common drying
and dressing area and the door to such room sha11 not be
locked.
(c) Urinals where provided for use by members of the same sex
sha11 be in addition to the number of water closets required.
(d) Qne (1) lavatory sha11 be provided for each water closet.
(e) A11 5uch facilities sha1l be so located within the dFelling
as to be accessible from a common hall or passa�eway ro ali
persons sha:ing such facilities.
(2) Communal cooking and dining facilities in a rooming house }taX
accommodating transients are prohibited unless some person or
persons are responsible for. the food service facilities and that
the facilities are in accordance with the minimum requirer�ents of
Chapter (fi) (96) of the Wisconsin Administrative Coda on Restau-
rants, and that such facilities are approved by the Housing
Inspector in writing. However, all tourist rooming houses
serving meals is defined in Chapter (H) (95) of the Wisconsin
Administrative Code on Hotels and Tourist Rooming Iiouses shall
obtain a restaurant license.
�9
� . .
(3) Whenever bed linen and towels are furnished by the operator as
part of the reatal agreement wi.th a room occupant, the operator
sha11 change the bed linen and towels prior to the letting of the
room to the occupant, and at least once a week while the room is
\ occupied, and the ogerator sha11 be responsible for the main—
� tenance of all such bedding and towels in a clean condition.
M .
o (4) The occupant or occupants of a room in a rooming house shall be
� responsible for maintaining the room in a clesn condition unless
it is staied ia the lease that the operator is responsible. The
operator of every rooming house sha11 be responsible for the
maintenance of a clean condition in all communal areas and
unoccupied rooms of the rooming house,
(5)
(a) Every sleeping room shall he of sufficient size to afford at
least four hundred (400) cubic feet of aiz space for each
occupant over twelve (12) years of age, and two hundred
(200) cubic feet for each occupant under tcaelve (12) years
i¢�. No greater nr,�mlaer of occupants than the number thus
established sha11 be permitted in any such rooms.
(b) Every room occupied for sleeping purposes shall have operating
locks on all access doors to insure privacy.
DZVISION 5. LEGAL ACTIOY AND PENALTIES.
SECTION 16-46 FAILTJRE TO COt4PLY WITH OR�JER; VIOI.ATIONS ^ PENALTIES.
(A) Zf any person fails to comply crith orders imposed by the Aousing
Inspector, the Housing Inspector shall give notice to the City Attorney
to comwence legal action to effectuate the purposes of this Article.
(B) Any person who violates any provision of this Article, known as the
"Minimum Housing Code", upon conviction thereof, shall forfeit not
more than Twenty—five ($25.00) Dollars for the first offense, not more
than One $undred ($100. �0) Dollars foz the second offense and not
more than Two Hundred ($2�0.00) Dollars for any subsequent oEfense,
together witti [he costs oE prosecution, or in default of payment
thereof be imprisoned in the Winnebago County Jail for a period not
*_o a;cecd ::ir:q (30) day�. �aei� and every uay during wnicn sucn
violation occurs shall be deemed a sepatate offense.
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