HomeMy WebLinkAbout24. 16-461SEPTEMBER 13, 2016
JULY 12, 2016
JUNE 28, 2016
16 -310 16 -361 16 -461
LAID OVER
ORDINANCE
(CARRIED 6 -1 LOST LAID OVER WITHDRAWN )
AS AMENDED (see attachment for amendment)
PURPOSE: CREATE DIVISION 6 RESIDENTIAL RENTAL CONTACT
REGISTRATION AND INSPECTION PROGRAM OF CHAPTER 16
HOUSING CODE
INITIATED BY: INSPECTIONS DIVISION
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH CREATING DIVISION 6
RESIDENTIAL RENTAL CONTACT REGISTRATION AND INSPECTION PROGRAM
OF CHAPTER 16 HOUSING CODE
The Common Council of the City of Oshkosh does ordain as follows:
SECTION 1. That Division 6 Residential Rental Contact Registration and
Inspection Program of Chapter 16 Housing Code of the Oshkosh Municipal Code is
hereby created as follows:
(See the attached "Exhibit A ")
SECTION 2. This Ordinance shall be in full force and effect from and after its
passage and publication.
SECTION 3.Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #16 -461 CREATE DIVISION 6. RESIDENTIAL RENTAL CONTACT
REGISTRATION AND INSPECTION PROGRAM OF CHAPTER 16 HOUSING CODE
on July 12, 2016. The Ordinance creates Division 6 Residential Rental Contact Registration
and Inspection Program of Chapter 16 Housing Code. The full text of the ordinance may
be obtained at the Office of the City Clerk, 215 Church Avenue and through the City's
website at www.ci.oshkosh.wi.us. Clerk's phone: 920/236 -5011.
EXHIBIT A
DIVISION & RESIDENTIAL RENTAL CONTACT REGISTRATION AND INSPECTION PROGRAM
SECTION 16 -47 FINDINGS
The Oshkosh Common Council finds that it is necessary to establish a regularly scheduled, systematic,
city -wide program for the registration and inspection of Residential Rental Dwelling Units in the city to
ensure that those units provide safe, decent and sanitary living conditions for tenants living in the
Residential Rental Dwelling Unit and to prevent further deterioration of those units. The Common
Council finds that a significant percentage of code complaints and violations occur at Residential Rental
Dwelling Units and that the conditions which exist at these units adversely affect the neighbors and
neighborhoods in which they are located. This ordinance is enacted to encourage property owners
who own and operate residential rental dwelling units to exercise their responsibility to ensure that
the city ordinances governing the condition and maintenance of Residential Rental Dwelling Units are
followed to protect the health, safety and welfare of the public and prevent blighted conditions in city
neighborhoods.
SECTION 16 -48 RESIDENTIAL RENTAL CONTACT REGISTRATION REQUIRED
(A) The owner of a Residential Rental Dwelling Unit located in the City shall file residential rental
contact registration information with the Department on the application forms provided by
the Department, annually, by September 1st and in the case of any sale, transfer or
conveyance of a residential rental dwelling unit within 30 days of any such sale, transfer or
conveyance.
(B) The owner shall provide information on the form which will enable the Department to contact
the owner, or at the option of the owner, an agent of the owner, including the street address
of the Residential Rental Dwelling Unit to be registered and the owner's legal name and
telephone number. The owner may voluntary provide an email address, for the owner or the
agent of the owner.
(C) Each residential rental contact registration is valid from September 1st until the following
August 31st and shall be renewed annually. Residential rental contact registration is not
transferable.
(D) The residential rental contact registration does not warrant that the dwelling or dwelling unit
is free of any ordinance or code violations or in compliance with any ordinance or code
violation.
(E) There shall be no fee for the residential rental contact registration.
(F) All Residential Rental Dwelling Units shall be registered prior to occupancy by a tenant.
SECTION 16 -49 RESIDENTIAL RENTAL INSPECTION
(A) As of September 15, 2016 the City of Oshkosh Inspection Services Division will begin a
program of regularly scheduled inspections of all Residential Rental Dwelling Units located
within the City of Oshkosh.
(B) The Department shall schedule appointments for Residential Rental Dwelling Unit inspection.
The Department shall provide notice of the date and time of the inspection by first class mail
to the tenant and the owner at the address provided in the residential rental contact
registration form at least 21 days before the scheduled inspection date. The owner may
voluntarily arrange the date and time with the Department and tenants.
(C) Inspections shall not be conducted:
(1) With a minor as the sole representative of the tenant or owner.
(2) Without prior notice to the tenant by the Department.
(3) In an occupied Residential Rental Dwelling Unit without the owner, owner's agent, or
tenant being present.
Should the tenant or other person in control of the Residential Rental Dwelling Unit refuse
admittance to the Chief Building Official and refuse to reschedule the inspection or
reinspection, the Chief Building Official may proceed to obtain a special inspection warrant
pursuant to Wis. Stat. 66.0119.
(D) Code violations identified during the Residential Rental Dwelling Unit inspection shall be
abated within the time ordered by resolution of the Department.
(E) The Department shall charge a fee for the Residential Rental Dwelling Unit inspection as
approved within the fee schedule adopted by the Common Council.
(F) All properties in the City, including Residential Rental Dwelling Units, shall remain subject to
inspection requests. The Department shall inspect Residential Rental Dwelling Units based
on tenant or citizen requests or complaints.
SECTION 16 -50 REMEDIES AND APPLICATION OF OTHER PROVISIONS.
(A) The remedies provided in this section are not to be construed to be exclusive of any other
remedy under the municipal code or state statute, and the Department may take further
actions to ensure compliance with this section including but not limited to seeking injunctive
relief and obtaining inspection warrants.
(B) Nothing in this section limits, impairs, alters or extends the rights and remedies of persons in
the relationship of owner and tenant that exists under applicable law.
(C) Nothing in this section shall be construed to limit the authority of the Department to perform
housing inspections in accordance with this code or enforcing any other provision of state or
federal law.
SECTION 16 -51 DEFINITIONS.
(A) The following definitions shall apply in the interpretation and enforcement of the Residential Rental
Contact and Inspection Code:
(1) CHIEF BUILDING OFFICIAL. "Chief Building Official" shall include the designee of the
Chief Building Official.
(2) CITY. "City" shall mean the City of Oshkosh, Wisconsin.
(3) DEPARTMENT. "Department" shall mean the City of Oshkosh Division of Inspection
Services of the Department of Community Development.
(4) DWELLING UNIT: A room or group of rooms providing or intended to provide
permanent living quarters for not more than one family.
(5) FAMILY. See Section 30 -1.
(6) 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, or who has charge, care or control of any dwelling or dwelling unit as agent or
owner or as executor, administrator, trustee or guardian of the estate of the owner.
The term "owner" under this Article shall also include the legally recorded holder of a
land contract vendee interest.
(7) PERSON. "Person" shall mean and include any individual, firm, corporation, partnership
or association.
(8) RESIDENTIAL RENTAL DWELLING UNIT. "Residential rental dwelling unit" shall mean a
structure or part of a structure, home, residence, or living unit by a single person or
family, or any grounds, or other facilities or area occupied for the use of a
residential tenant and includes, but without limitation, apartment units and buildings,
mobile homes and single and two - family dwellings.
Residential Rental Dwelling Unit does not include facilities that are inspected, owned,
licensed or certified by the State of Wisconsin including rest homes, convalescent homes,
nursing homes, hospitals, assisted living centers, community based residential facilities,
university -owned student dormitories, or adult homes, and properties owned or
operated by the Winnebago County Housing Authority or Oshkosh Housing Authority.
(9) TENANT. 'Tenant" shall means a person who occupies a residential rental dwelling unit
for residential purposes with the landlord's consent for an agreed upon consideration.
(10) SALE, TRANSFER OR CONVEYANCE. "Sale, Transfer, or Conveyance" shall mean to
transfer any ownership interest in a dwelling except by mortgage. The sale or transfer
shall be deemed to occur upon the transfer of an ownership interest, the recording of a
land contract or the exercise of an option to purchase property.
(11) MEANING OF CERTAIN WORDS. Whenever the words "Dwelling ", "Dwelling Unit ", or
"Premises" are used in this Article, they shall be construed as though they were followed
by the words "or any part thereof'.
RENTAL INSPECTION CHECKLIST
EXTERIOR
YES
NO
Is the address visible from the street?
Is there any parking in undesignated areas?
Is the yard free of junk, debris and upholstered furniture?
Is there any evidence of roof damage or deterioration?
Is the siding free of peeling paint?
Are there any broken windows or missing screens?
Is the siding, soffit and fascia free from holes or missing pieces?
Do foundation walls appear structurally sound?
Do the stairways and hand/ guardrails appear structural sound?
Does the chimney show any signs of deterioration?
INTERIOR
Are smoke detectors installed?
Are smoke detectors functioning properly?
Are CO detectors installed?
Are CO detectors functioning properly?
Are there any gas leaks to appliances apparent?
Are there any visible leaks in plumbing system?
Is there hot water supplied to all required fixtures?
Are any cross connection controls needed on plumbing fixtures?
Are plumbing fixtures or piping properly installed and functional?
Are there any electrical switches, receptacles missing cover plates?
Is there any exposed electrical wiring that is not properly supported?
Is there any open/ bare electrical wiring?
Do all electrical fixtures and receptacles function properly?
Do bathroom exhaust fans function?
Do all of the windows open/ function properly?
Are the doors free of damage or deterioration?
Do the exterior doors have working deadbolt locks?
Do the doors have working hardware?
Are there any holes or cracks in walls or ceilings?
Do the stairways and hand/ guardrails appear structurally sound?
Are the floor coverings in good repair?
Are cabinets and countertops in good repair?
Are there any signs of water leakage from the foundation walls or basement floor?
Is the unit free of accumulation of refuse, trash or other matter?
Are there any signs of rodent or pest infestation?
Are there proper heating appliances able to maintain minimum 67 degree heat?
Is the furnace properly vented?
Is the water heater properly vented?
Do bedrooms have windows for proper light, ventilation and exiting?
Is the clothes dryer properly vented?
SMOKE /CO NOT WORKING
SMOKE /CO NOT WORKING
BROKEN GUARDRAIL
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LOOSE DRYER VENTS
LOOSE DRYER VENTS
INSUFFICIENT HEAT SUPPLY
IMPROPER SCREEN
WINDOW PAINTED OPEN
MISSING SCREEN
WINDOW IN POOR CONDITION
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The a -
ty of Oshkosh creates and maintains CIS maps and data for its own use.
They may show the approximate relative location of property, boundaries and other Printing Date: 9/7/2016
feature from variety Of sources. These map(s)/datasets are provided for Oshkosh
information purposes only and may not be sufficient or appropriate for legal, Prepared by: City of Oshkosh, W1
engineering, or surveying purposes. They are provided "AS-IS" without warranties
I TlanninglRental Reg isUalfanl nspection Aroas.inxd user: elizabethy
66.0104 Prohibiting ordinances that place certain limits or requirements on a landlord.
(1) In this section:
(a) "Premises" has the meaning given in s. 704.01 (3).
b) "Rental agreement" has the meaning given in s. 704.01 (3m).
(c) "Tenancy" has the meaning given in s. 704.01 (4).
(2)
(a) No city, village, town, or county may enact an ordinance that places any of the following limitations on a
residential landlord:
1. Prohibits a landlord from, or places limitations on a landlord with respect to, obtaining and using or
attempting to obtain and use any of the following information with respect to a tenant or prospective
tenant:
a. Monthly household income.
b. Occupation.
c. Rental history.
d. Credit information.
e. Court records, including arrest and conviction records, to which there is public access.
L Social security number or other proof of identity.
2. Limits how far back in time a prospective tenant's credit information, conviction record, or previous
housing may be taken into account by a landlord.
3. Prohibits a landlord from, or places limitations on a landlord with respect to, entering into a rental
agreement for a premises with a prospective tenant during the tenancy of the current tenant of the
premises.
4. Prohibits a Iandlord from, or places limitations on a landlord with respect to, showing a premises to a
prospective tenant during the tenancy of the current tenant of the premises.
(b) No city, village, town, or county may enact an ordinance that places requirements on a residential landlord
with respect to security deposits or earnest money or pretenancy or posttenancy inspections that are
additional to the requirements under administrative rules related to residential rental practices.
(c) No city, village, town, or county may enact an ordinance that limits a residential tenant's responsibility, or
a residential landlord's right to recover, for any damage or waste to, or neglect of, the premises that occurs
during the tenant's occupancy of the premises, or for any other costs, expenses, fees, payments, or damages
for which the tenant is responsible under the rental agreement or applicable law.
(d)
1.
a. No city, village, town, or county may enact an ordinance that requires a landlord to communicate to
tenants any information that is not required to be communicated to tenants under federal or state law.
b. Subdivision 1. a. does not apply to an ordinance that has a reasonable and clearly defined objective of
regulating the manufacture of illegal narcotics.
2. No city, village, town, or county may enact an ordinance that requires a landlord to communicate to the
city, village, town, or county any information concerning the landlord or a tenant, unless any of the
following applies:
a. The information is required under federal or state law.
b. The information is required of all residential real property owners.
c. The information is solely information that will enable a person to contact the owner or, at the option of
the owner, an agent of the owner.
(e) No city, village, town, or county may enact an ordinance that does any of the following:
1. Requires that a rental property or rental unit be inspected except upon a complaint by any person, as part
of a program of regularly scheduled inspections conducted in compliance with s. 66.0119, as applicable,
or as required under state or federal law.
2. Charges a fee for conducting an inspection of a residential rental property unless all of the following are
satisfied:
a. The amount of the fee is uniform for residential rental inspections.
b. The fee is charged at the time that the inspection is actually performed.
3. Charges a fee for a subsequent reinspection of a residential rental property that is more than twice the fee
charged for an initial reinspection.
4. Except as provided in this subdivision, requires that a rental property or rental unit be certified, registered,
or licensed. A city, village, town, or county may require that a rental unit be registered if the registration
consists only of providing the name of the owner and an authorized contact person and an address and
telephone number at which the contact person may be contacted.
(1) No city, village, town, or county may impose an occupancy or transfer of tenancy fee on a rental unit.
(g)
1. Except as provided in subds. 2. and 3., no city, village, town, or county may enact an ordinance that requires
a residential rental property owner to register or obtain a certification or license related to owning or
managing the residential rental property.
2. Subdivision 1. does not apply to an ordinance that applies uniformly to all residential rental property
owners, including owners of owner- occupied rental property.
3. Subdivision 1. does not prohibit a city, village, town, or county from requiring that a landlord be registered
if the registration consists only of providing the name of the landlord and an authorized contact person
and an address and telephone number at which the contact person may be contacted.
(3)
(a) If a city, village, town, or county has in effect on December 21, 2011, an ordinance that is inconsistent
with sub. (2) (a) or (b), the ordinance does not apply and may not be enforced.
(b) If a city, village, town, or county has in effect on March 1, 2014, an ordinance that is inconsistent with
sub. (2) (c) or (d), the ordinance does not apply and may not be enforced.
(c) If a city, village, town, or county has in effect on March 2, 2016, an ordinance that is inconsistent with
sub. (2) (e), (t), or (g), the ordinance does not apply and may not be enforced.
History: 2011 a. 108;. 2013 a. 76; 2015 a. 176,
Sub. (2) (d) 1. a. preempted a provision in an ordinance requiring landlords to notify tenants of city inspections under the city's inspection and
registration program; it does not stop local governments from implementing rental housing inspection and registration programs as part of
a housing code, let alone preclude other substantive housing code regulations. Olson v. City of La Crosse, 2015 Wl App 67, 361 Wis. 2d
615, 869N.W.2d 337, 15 -0127.
August 17, 2016
Mr. Allen Davis
City of Oshkosh
215 Church Avenue
Oshkosh, WI 54903
Re: City Multi- family Inspection Program
Dear Allen:
Our group of landlords would like to thank you for your continued support and assistance in
meeting with us to work through the various options in the search of a more viable and
affective program than the proposed Rental Inspection ordinance.
We believe it is in the best interest of our group and the City and that we have the same vision
and goals for the City. That is to implement a City wide revitalization program that will enhance
our neighborhoods, both single family (owner occupied & rental) and multi- family housing.
That being said, we would like to reiterate what we feel are the key points we need to focus on
and move to implement in order to obtain what the City says their goals are.
1. An Educational Program. This program should be implemented by both the City and the
Winnebago Apartment Association to educate City inspectors, tenants, home owners and
landlords.
2. Registration Program. This would give the City a faster and more effective tool to communicate
with landlords and tenants.
3. Informal Advisory Board (City Liaison). This individual would be able to communicate with both
landlords and tenants to resolve any issue either may have. This could be made up of City
representatives, tenants and landlords.
4. Municipal .fudge. The hiring of a Municipal Judge will put a person on the bench who will
handle the code violations (both landlords and tenants) in a more affective and timely fashion
than currently is happening with our present judges. Code violators should be held more
accountable and fined more severely than it is presently.
5. Two Tiered Inspection Program. City inspectors should perform exterior inspections on ALL
residential housing, both single family (owner occupied & rental) and multi - family. If the
exterior has violations from a detailed checklist than the City should perform an interior
inspection. The City should then use the detailed inspection checklist that we work together to
implement.
6. Checklist. Our group of landlords and City representatives should work together to produce a
detailed checklist that the City inspectors can use. This will erase any ambiguity and conflict
between the parties.
Our group feels that by implementing the six key items listed above in continuity with one another they
will produce the desired goals the City states they want to obtain. To have a City wide revitalization-
program that will enhance all neighborhoods and produce a safe and healthy environment for all
Oshkosh citizens.
We do not support the City's proposed fee based Rental Inspection Program for multi - family units only.
In our opinion, that program will not obtain the mutually desired goals.
Thank you again for your continued cooperation and assistance.
Randy Schmiedel
Grant Schwab
Donn Lord
Chris Mokler
Jeff Wicinsky
Rodney R. Oilschlager
i3
Oshkosh
TO: Honorable Mayor and Members of the Common Council
FROM: Allen Davis, Community Development Director
DATE: September 8, 2016
RE: Rental Housing Contact Registration and Inspection Program and Rental
Housing Advisory Board Ordinances
BACKGROUND
The City Council held public hearings at their June 28, 2016 meeting and received testimony
and letters with multiple questions about how the inspection part of the program would work.
There seemed to be general agreement that a Rental Contact Registration and a Rental Housing
Advisory Board should be created.
Staff typically develops administrative procedures following policy adoption. In this case,
however, it was appropriate to research and answer additional implementation questions prior
to adoption.
City staff met with a group of landlords and City Council members four times in July and
August. The landlords provided City staff with many good ideas, and while they remain
respectfully opposed to the inspection portion of the proposed ordinance, we appreciate their
assistance and suggestions for the improving the process, communication and education.
ANALYSIS
City staff has prepared the answers to the original questions below, and additional information
is attached to this memo.
• What checklist will inspectors use for the rental dwelling unit inspections?
Staff has prepared a draft checklist after reviewing several examples from around
Wisconsin and other communities in the US. The draft checklist is attached. In addition,
City staff prepared an educational brochure on the Top Ten code violations for landlords
and tenants.
• What is the plan for which sections of the City will be inspected as part of the 5 year cycle?
Staff has prepared a map that divides the City into the 5 sections for the 5 -year cycle. The
estimated number of rental units are based on City parcel information.
Can an inspection, performed by a 3rd party, registered or certified inspector, be
substituted, and how could the inspection results be filed and processed?
No. There would be no uniformity with the inspectors' knowledge of the code or
standards nor with the ability to apply the code in all cases. City staff proposes to provide
the inspections.
Can the City contract with a private inspection service for the inspection portion of the
program?
Yes, but the costs would be as high or higher that City staff performing the inspections.
Trip charges would start at $100 and the time for the inspections would exceed $25.
• Can the City create a rebate program for inspections resulting in no violations?
No. The City can only charge or recover the costs to operate the program. To create a
rebate program, the City would first have to overcharge for the inspections, which the
City cannot do.
• Can the City create a penalty program for non - compliance and multiple violations?
The City already has a standard enforcement program which can result in City staff
issuing citations for code violations and repeated violations. That program would be
applied to the rental inspection program too.
• Can there be more definition of the units exempt from the inspection requirement?
Staff has not found any definition of exemptions and is working under the premise that
only residential rental units that are already inspected by state or federal inspectors are
exempt.
• What can be done about tenant- created violations?
City staff has identified two violations that could be attributed to tenants: inoperable
smoke detectors and illegally parked vehicles. City staff would change enforcement of
these two violations in concert with the rental inspection program and voluntary
cooperation from the landlords in determining the identity of violators.
In addition, there were more ideas that the landlords proposed to City staff that were explored.
Their letter is attached. City staff comments on the ideas are below:
Education Program - City staff supports an education program to be created an operated by the
proposed rental housing advisory board.
Registration Program — City staff supports the registration program and voluntary email listing
for City contacts.
Advisory Board — City staff supports the creation of the rental housing advisory board.
Municipal Judge — City staff is researching the issue and will be presenting the findings at a
future Council workshop. City staff believes the rental housing program could be operated with
either the County court system or a Municipal court system.
Two - Tiered Inspection Program - City staff is in support of exterior inspections of all residential
properties, rental and owner occupied, and has already started that program through the zoning
division. The proposed code would also include an interior inspection of the rental housing units
due to the commercial nature of the rental and the potential impact on the health and safety of
the tenants and visitors.
Checklist — City staff drafted a checklist that can be refined by the advisory board.
Since the proposed program is designed to comply with State Statute 66.0104, we have included
a copy of the statute for the reference.
RECOMMENDATION
In order have time to create the registration program and create and distribute educational
materials, City Council approves the ordinances with the amendment for the rental unit
inspections to begin January 1, 2017.
Submitted, Approved,
Allen Davis Mark Rohloff
Community Development Director City Manager
EXHIBIT A — AMENDED
Division 6. Residential Rental Contact Registration and Inspection Program
SECTION 16 -47 FINDINGS
The Oshkosh Common Council finds that it is necessary to establish a program of regularly scheduled,
systematic, city -wide program for the registration and inspection of residential rental dwelling units in
the city to ensure that those units provide safe, decent and sanitary living conditions for tenants living
in the residential rental dwelling unit and to prevent further deterioration of those units. The Common
Council finds that a significant percentage of code complaints and violations occur at residential rental
dwelling units and that the conditions which exist at these units adversely affect the neighbors and
neighborhoods in which they are located. This ordinance is enacted to encourage property owners
who own and operate residential rental dwelling units to exercise their responsibility to ensure that
the city ordinances governing the condition and maintenance of residential rental dwelling units are
followed to protect the health, safety and welfare of the public and prevent blighted conditions in city
neighborhoods.
SECTION 16 -48 RESIDENTIAL RENTAL CONTACT REGISTRATION REQUIRED
(A) The owner of a residential rental dwelling unit located in the City shall record the residential
rental contact registration with the Department on the application forms provided by the
Department, annually, by September 1st and in the case of any sale, transfer or conveyance
of a residential rental dwelling unit within 30 days of any such sale, transfer or conveyance.
(B) The owner shall provide information on the form which will enable the Department to contact
the owner, or at the option of the owner, an agent of the owner, including the street address
of the residential rental dwelling unit to be registered and the owner's legal name and
telephone number. The owner may voluntary provide an email address, for the owner or the
agent of the owner.
(C) Each residential rental contact registration is valid from September 1st until the following
August 31st and shall be renewed annually. Residential rental contact registration is not
transferable.
(D) The residential rental contact registration does not warrant that the dwelling or dwelling unit
is free of any ordinance or code violations or in compliance with any ordinance or code
violation.
(E) There shall be no fee for the residential rental contact registration.
(F) All Residential Rental Dwelling Units shall be registered prior to occupancy by a tenant.
1
SECTION 16 -49 RESIDENTIAL RENTAL INSPECTION
(A) As of January 1, 2017, the City of Oshkosh Inspection Services Division will begin program of
regularly scheduled inspections of all residential rental dwelling units located within the City
of Oshkosh.
(B) The Department shall schedule appointments for residential rental dwelling unit inspection.
The Department shall provide notice of the date and time of the inspection by first class mail
to the tenant and the owner at the address provided in the residential rental contact
registration form at least 21 days before the scheduled inspection date. The owner may
voluntarily arrange the date and time with the Department and tenants.
(C) Inspections shall not be conducted:
(1) With a minor as the sole representative of the owner.
(2) Without prior notice to the tenant by the Department.
(3) In an occupied dwelling unit without the owner, owner's agent, or tenant being
present.
Should the City not be allowed voluntary admittance to a residential rental dwelling unit, the
Chief Building Official may proceed to obtain a special inspection warrant pursuant to Wis.
Stat. 66.0119.
(D) Code violations identified during the residential rental dwelling unit inspection shall be abated
within the time ordered by the Department.
(E) The Department shall charge a fee for the residential rental unit inspection as approved within
the fee schedule adopted by the Common Council.
(F) All properties in the City, including residential rental dwelling units, shall remain subject to
inspection requests. The Department shall inspect residential rental dwelling units based on
tenant or citizen requests or complaints.
SECTION 16 -50 REMEDIES AND APPLICATION OF OTHER PROVISIONS.
(A) The remedies provided in this section are not to be construed to be exclusive of any other
remedy under the municipal code, and the Department may take further actions to ensure
compliance with this section including but not limited to seeking injunctive relief and
obtaining inspection warrants.
(B) Nothing in this section limits, impairs, alters or extends the rights and remedies of persons in
the relationship of owner and tenant that exists under applicable law.
Pi
(C) Nothing in this section shall be construed to limit the authority of the Department to perform
housing inspections in accordance with this code or enforcing any other provision of state or
federal law.
SECTION 16 -51 DEFINITIONS.
(A) The following definitions shall apply in the interpretation and enforcement of the Residential Rental
Contact and Inspection Code:
(1) CHIEF BUILDING OFFICIAL. "Chief Building Official" shall include the designee of the
Chief Building Official.
(2) CITY. "City" shall mean the City of Oshkosh, Wisconsin.
(3) DEPARTMENT. "Department" shall mean the City of Oshkosh Division of Inspection
Services of the Department of Community Development.
(4) DWELLING UNIT: A room or group of rooms providing or intended to provide
permanent living quarters for not more than one family.
(5) FAMILY. See Section 30 -1.
(6) 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, or who has charge, care or control of any dwelling or dwelling unit as agent or
owner or as executor, administrator, trustee or guardian of the estate of the owner.
The term "owner" under this Article shall also include the legally recorded holder of a
land contract vendee interest.
(7) PERSON. "Person" shall mean and include any individual, firm, corporation, partnership
or association.
(8) RESIDENTIAL RENTAL DWELLING UNIT. "Residential rental dwelling unit" shall mean a
structure or part of a structure, home, residence, or living unit occupied by a single person
or family, or any grounds, or other facilities or area occupied for the use of a residential
tenant and includes, but without limitation, apartment units and buildings, mobile homes
and single and two - family dwellings.
Residential Rental Dwelling Unit does not include facilities that are inspected, owned,
licensed or certified by the State of Wisconsin including rest homes, convalescent homes,
nursing homes, hospitals, assisted living centers, community based residential facilities,
university -owned student dormitories, or adult family homes.
(9) TENANT. "Tenant" shall means a person who occupies a residential rental dwelling unit
for residential purposes with the landlord's consent for an agreed upon consideration.
(10) SALE, TRANSFER OR CONVEYANCE. "Sale, Transfer, or Conveyance" shall mean to
transfer any ownership interest in a dwelling except by mortgage. The sale or transfer
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shall be deemed to occur upon the transfer of an ownership interest, the recording of a
land contract or the exercise of an option to purchase property.
(11) MEANING OF CERTAIN WORDS. Whenever the words "Dwelling ", "Dwelling Unit ",
or "Premises" are used in this Article, they shall be construed as
though they were followed by the words "or any part thereof'.
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