HomeMy WebLinkAboutChapter 16 - Housing City of Oshkosh Municipal Codes
Revised 06/10/21
CHAPTER 16
HOUSING
ARTICLE I. HOUSING IN GENERAL
DIVISION 1. BASEMENT HOUSES
16-1 BASEMENT-HOUSE
16-2 BASEMENT-HOUSE AS A DWELING
DIVISION2. ANTIDISCRIMINATION IN HOUSING
16-3 POLICY
16-3.1 DISCRIMINATION PROHIBITED
16-4 DEFINITIONS
16-5 ACTS PROHIBITED BY THIS DIVISION
16-5.1 REPRESENTATIONS DESIGNED TO INDUCE PANIC SALES
16-6 EXEMPTIONS
16-6.1 REPEALED
16-7 POWERS AND DUTIES OF COMMISSION
16-7.1 ENFORCEMENT PROCEDURES
16-8 LIBERAL CONSTRUCTION; SEVERABILITY
16-9 PENALTY
DIVISION 3. MOBILE HOMES AND MOBILE HOME PARKS
16-10 DEFINITIONS
16-11 PERMITS
16-12.1 REPEALED
16-13 INSPECTION OF MOBILE HOME PARKS
16-14 NOTICES AND ORDERS
16-15 GENERAL REQUIREMENTS
16-16 MISCELLANEOUS REQUIREMENTS
16-17 LOCATION OF MOBILE HOMES
16-18 VARIANCES
16-19 PENALTIES
DIVISION 4. PENALTIES
16-20 PENALTIES
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ARTICLE II. MINIMUM HOUSING CODE
DIVISION 1. PURPOSE;POLICY;SCOPE;HOUSING INSPECTIONS
16-21 TITLE;PURPOSE;POLICY AND CONSTRUCTION; SCOPE
16-21.1 PUBLIC INFORMATIONAL MEETINGS
16-22 DEFINITIONS
16-23 INSPECTION OF PREMISES —HOUSING INSPECTOR—AUTHORIZATION; TIME NOTICE —
SEARCH WARRANT — WAIVER; NON-PERTINENT DISCOVERIES CONFIDENTIAL;
OBSTRUCTION—REFUSAL—CEASE AND DESIST ORDER
DIVISION2. NOTICE;HOUSING ADVISORY AND APPEALS BOARD;
ORDERS;HEARINGS;REVIEW
16-24 NOTICES—CONTENTS; SERVICE;TIME FOR REMEDIAL ACTION BY OWNER
16-25 APPEALS FROM ORDERS OF HOUSING INSPECTOR
16-26 RESERVED
16-27 RESERVED
16-28 RESERVED
16-29 RESERVED
16-30 RESERVED
16-31 EMERGENCY ORDERS—HOUSING INSPECTOR-NOTICE
16-32 UNAUTHORIZED REMOVAL OF NOTICE
DIVISION 3. MINIMUM STANDARD,REQUIREMENTS AND CONDITIONS FOR OCCUPANCY
16-33 Minimum standards for equipment and facilities.
16-34 Minimum standards for heating,ventilation,electrical service and lighting.
16-35 Requirements for maintenance.
16-36 Condition of occupancy of dwellings and dwelling units.
16-37 Responsibilities of owners and occupants.
16-38 Dwellings and dwelling units which may be occupied-Housing Inspector-determination;orders;
time for compliance-extensions;Building Inspector-State laws.
DIVISION4. ROOMINGHOUSES
16-39 ROOMING HOUSES—STATE ADMINISTRATIVE CODE
16-40 ROOMING HOUSES—OPERATING LICENSE;TEMPORARY PERMIT;REQUIREMENTS AND
EXCEPTIONS IN GENERAL
16-41 ROOMING HOUSE OPERATING LICENSE—TERM;FEE;FORMS;INSPECTIONS
16-42 ROOMING HOUSE OPERATING LICENSE—AGENT FOR SERVICE OF NOTICE &PROCESS
16-43 ROOMING HOUSE OPERATING LICENSE — CONTENTS; DISPLAY, TRANSFERABILITY;
NOTICE OF CHANGE OF OWNERSHIP OR CONTROL
16-44 ROOMING HOUSE; INSPECTION — NOTICE OF VIOLATION; OPERATING LICENSE
REVOCATION—REINSPECTION;HEARING BEFORE HOUSING BOARD
16-45 MINIMUM REQUIREMENTS; SPECIFICATIONSOF MINIMUM STANDARDS
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DIVISION 5. LEGAL ACTION AND PENALTIES
16-46 FAILURE TO COMPLY WITH ORDER;VIOLATIONS-PENALTIES
DIVISION 6. RESIDENTIAL RENTAL CONTACT REGISTRATION AND
INSPECTION PROGRAM
16-47 FINDINGS
16-48 RESIDENTIAL RENTAL CONTACT REGISTRATION REQUIRED
16-49 RESIDENTIAL RENTAL INSPECTION
16-50 REMEDIES AND APPLICATION OF OTHER PROVISIONS
16-51 DEFINITIONS
ARTICLE I. HOUSING IN GENERAL
DIVISION 1. BASEMENT HOUSES
SECTION 16-1 BASEMENT-HOUSE
Basement-house shall mean an uncompleted building whose floor line is below grade at any entrance of exit
and whose ceiling is less than five(5)feet above grade at any such entrance or exit. "Dwelling"shall mean
any building which is wholly or partially used or intended to be used for living or sleeping by human
occupants.
SECTION 16-2 BASEMENT-HOUSE AS DWELLING
No person shall use a basement-house as a dwelling.
DIVISION2. ANTIDISCRIMINATION IN HOUSING
SECTION 16-3 POLICY
It is the intent of this article to make discrimination in housing unlawful. It is the policy of the City to
provide,within constitutional limitations,for fair housing throughout the City regardless of age, color,
family status, gender identity and/or gender expression,marital status,national origin/ancestry,race,
religion,persons with disabilities, sex, sexual orientation, source of lawful income, or victims of
domestic violence, sexual assault or stalking. Enforcement of this article shall be considered an exercise
of the police powers of the City for the protection of the health,welfare,peace, dignity, and human
rights of persons of this City. The City herein adopts Wis. Stat. 106.50(1) as amended.
SECTION 16-3.1 DISCRIMINATION PROHIBITED
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Subject to the other provisions of this Division,no person may discriminate in the rental of housing,
procurement of property owner's insurance, or commit any sale or discriminatory housing practice
against any person on the basis of membership in any Protected Class. The terms and standards of the
Wisconsin Open Housing Law shall apply to this Division,except where the City adopts more inclusive
terms as outlined in this Division
SECTION 16-4 DEFINITIONS
(A) The City adopts the Definitions described in Wis. Stat. 106.50 (ad) — (mm) and (om) — (u), as
amended, as if fully restated herein.
(B) "Commission"shall mean the Fair Housing Commission and"Commissioner"shall mean a member
thereof.
(C) A Member of a Protected Class means a group of natural persons,or a natural person,who may be
categorized because of one or more of the following:
(1) Age. Persons 18 years of age or older.
(2) Color. A person's skin color.
(3) Disability/Handicap.A physical or mental impairment that substantially limits one or more
major life activities.
(4) Domestic Abuse, Sexual Assault and Stalking Victims. Persons who have been victims of
domestic abuse, sexual assault, or stalking.
(5) Family Status. Household composition, including presence of children.
(6) Gender Identity and/or Gender Expression. A person's gender-related self-identity,
appearance,expression or behavior,regardless of the persons assigned sex at birth.
(7) Lawful Source of Income. A person's legal means of income, including such subsidized
forms as Social Security,food stamps,unemployment compensation,etc.
(8) Marital Status. Married,unmarried, single,widowed or separated.
(9) National Origin/Ancestry.The country of one's birth and/or nationality of one's ancestors.
(10) Race. A person's race or the race of persons with whom one associates.
(11) Religion. A person's religious beliefs, or denominational affiliation.
(12) Sex. A person's sex, including sexual harassment or intimidation.
(13) Sexual Orientation. Individuals identified as heterosexual, gay, lesbian, bisexual or any
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sexual orientation identity.
(14) Ancestry.
SECTION 16-5 ACTS PROHIBITED BY THIS DIVISION
The City adopts Wis. Stat. 106.50 (2) and (2r), as amended, as if fully restated here.
SECTION 16-5.1 REPRESENTATIONS DESIGNED TO INDUCE PANIC SALES
The City adopts Wis. Stat. 106.50 (2m), as amended, as if fully restated herein.
SECTION 16-6 EXEMPTIONS AND EXCLUSIONS
The City adopts Wis. Stat. 106.50 (5m), as amended, as if fully restated herein.
SECTION 16-6.1 ENFORCEMENT
It is the intent of the City to enforce or assist with the enforcement of the requirements of this
Division as described in the Wisconsin Open Housing Equal Rights provisions, and to otherwise take all
authorized and appropriate actions to affirmatively further fair housing within the City of Oshkosh. The
City shall assist with initial investigations and attempted resolutions for matters within the scope of the
State of Wisconsin's Open Housing Equal Rights provisions, although the final and formal investigation,
resolution,and enforcement of unresolved contested complaints shall be by the State of Wisconsin through a
referral to the appropriate State agency or department. Complaints with a subject matter consistent with
the Ordinance, but outside the scope of the State's jurisdiction, shall be addressed by the City or it's
designee through this Division.
(A)The City may delegate to third parties some or all of the responsibilities necessary to take
meaningful actions to affirmatively further fair housing in the City, and that such actions may
include education,training, data compilations, and reporting.
(B) The City may delegate to a third party administrator the responsibilities for investigating
complaints from members of a Protected Class as well as to undertake all reasonable actions
necessary to resolve disputes related to this Division,including negotiation,conciliation,settlement,
or other mutually agreeable resolution. In the event that a settlement or other resolution is not
obtained,then the third-party administrator shall:
a. Assist the Complainant to the extent necessary to ensure the Complainant has the
opportunity to initiate a proceeding through the State of Wisconsin Equal Rights Program
for Open Housing as described in Wis. Stat.106.50, as amended. The third-party shall
thereafter notify the City that it has concluded its activities with the issues surrounding this
complainant.
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b. Refer the matter back to the City for further actions in the event that the Complainant has
raised issues that are outside the scope of the State of Wisconsin Equal Rights Program for
Open Housing but are within the scope this Division. The City shall then take all
appropriate actions based upon the third party administrator's referral.
SECTION 16-7 POWERS AND DUTIES OF COMMISSION
The Fair Housing Commission shall have the following powers and duties:
(A) Adopt Rules
To adopt, amend,publish and rescind rules for governing its meetings and hearings;
(B) Receive and Investigate Complaints
To receive complaints and review staff investigation of all complaints alleging any discriminatory
practice prohibited by this Division.
(C) Hearings
To hold hearings, if necessary, after efforts at settlement based on complaints made against any
person,to administer oaths and take testimony,to compel the production of books,papers and other
documents relating to any matter involved in the complaint,and to subpoena witnesses and compel
their attendance.
(D) Refer Disputes to Appropriate Entity for Resolution
Refer complaints to the City Attorney or to other appropriate entities to the purpose of reaching a
resolution of the issues raised in the complaint.
SECTION 16-7.1 ENFORCEMENT PROCEDURES
(A) Complaint
Any complaint alleging any discriminatory practices prohibited by this Division shall be reduced to
writing and signed under oath by the complainant in the presence of a Notary. Such complaints
may be initiated by any person having personal knowledge of the facts constituting the alleged
discriminatory practice. All complaints shall contain the following:
(1) The name and address of the complainant, and of the person allegedly discriminated
against, if different.
(2) The name and address of the respondent or respondents.
(3) A statement setting forth the facts constituting the alleged discriminatory practice, and
(4) The date or dates of the alleged discriminatory practice.
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(B) Where Filed
Complaints shall be filed with the City Clerk who shall transmit the same to the Director of the
Department of Community Development as the Secretary of the Fair Housing Commission.
(C) When Filed
Complaints alleging any discriminatory practice prohibited by this Division shall be filed no later
than 1 year from the occurrence or termination of an alleged discriminatory practice.
(D) Initial Investigation
The Secretary, or their designee(s), shall perform an initial investigation of the complaint and is
authorized to resolve the matter through conference,conciliation and persuasion. In the event the
matter cannot be resolved by the Secretary, then the Secretary shall submit findings to the
Commission. The Secretary's findings may include the conclusion that no probable cause exists that
shows discriminatory practices exist, which will end the matter, The Secretary's findings may
include the conclusion that probable cause does exist that shows discriminatory practices exist,in
which case the Secretary will forward the same to the Commission for formal review.
(E) Notice to Respondent
The Commission shall provide a copy of the complaint to the respondent within ten(10)days of said
finding of probable cause. The respondent shall have ten(10)days after receipt of the complaint to
file a response with the Commission.
(F) Amendment and Withdrawal
A complaint may be amended or withdrawn by the complainant at any time with and subject to the
approval of the Commission or its designated agent and under such terms as the agent shall direct.
(G) Hearings
(1) The Commission shall conduct a hearing to determine facts upon which to base a
recommendation for prosecution to the City Attorney. Said hearing shall be conducted
within eight-five(85)days after a finding of Probable Cause is forwarded to the Commission.
The complainant and respondent may but need not be represented at said hearing by an
attorney.
(2) At the conclusion of the hearing,the Commission shall by majority vote of those members
present and voting,make a determination which may reverse the Secretary's initial finding
of Probable Cause, or may affirm the Secretary's initial finding of Probably Cause that
discrimination did occur.If the Commission does not find probable cause,then the case will
be closed and the claimant and respondent promptly notified. If the Commission affirms the
Secretary's initial finding of Probable Cause, then the Commission will refer this finding,
along with all documents associated with this matter,to the City Attorney's office for further
proceedings.
(3) In the event that this matter is referred to the City Attorney's office, the City Attorney's
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office may at its discretion take further appropriate action to remedy any discrimination that
is the subject of a Probable Cause finding. The City Attorney may take any lawful action
that is warranted,including without limitation initiating a forfeiture or civil action,and may
request monetary damages,injunctive relief,and/or any other remedy that may be available.
(4) The City Attorney may intervene in this matter at any time after the Secretary issues an
initial determination,and may take any lawful action that is warranted,including without
limitation initiating a forfeiture or civil action, and may request monetary damages,
injunctive relief,and/or any other remedy that may be available. In the event that the City
Attorney intervenes in a matter during the period when the matter is before the
Commission,then the City Attorney shall notify the Commission of its actions taken. If the
Commission receives the aforementioned notice from the City Attorney, then the
Commission may suspend further proceedings pending a resolution of the legal actions
taken by the City Attorney.
(5) The procedure for resolving issues as outlined in this Division shall not preclude the
Complainant from pursuing other lawful methods of resolving a matter without the
involvement of the Commission or the City that are available. In the event the Complainant
elects to pursue other available methods of resolution, the Complainant shall notify the
Secretary of this and the City and Commission files may be closed.
(6) No Commissioner who has filed a complaint on the Commissioner's own initiative,or who
has a material or personal interest in any issue raised in the complaint,or may be a witness
in any hearing related to the matter, shall participate in any subsequent hearing or
proceeding in any role as a Commissioner.
SECTION 16-8 LIBERAL CONSTRUCTION; SEVERABILITY
(A) The provisions of this division shall be liberally construed in order to promote the purposes and
provisions contained herein.
(1) This Division is intended to be interpreted consistently with Title VIII of the Civil Rights act
of 1968 (42 USC Sec. 3601-3619) as amended, and with regulations applicable thereto(24 CAR
Parts 14,100,103,110,115 and 121)except where the language of this Division clearly expresses
a different interpretation.
(2) This Division is intended to be interpreted consistently with Wisconsin's fair and open
housing provisions as may be amended,including Sections 66.1011, 101.32,and 106.50,except
where the language of this Division expresses a different interpretation,
(B) The provisions of this Division are severable and if any provision,sentence,clause,section or part
thereof is held illegal,invalid,unconstitutional or inapplicable to any person or circumstance,such
illegality invalidity, unconstitutionally or inapplicability shall not affect or impair any of the
remaining provisions, sentences, clauses, Sections or parts of the Division or their application to
other person or circumstances. It is hereby declared to be the legislative intent that this Division
would have been adopted if such illegal, invalid, unconstitutional or inapplicable provision,
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sentence, clause, Section or part thereof had not been included therein, and if the person or
circumstances to which the Division or any part thereof is inapplicable had been specifically
exempted therefrom.
SECTION 16-9 PENALTY FOR VIOLATION OF THIS DIVISION
(A) Citations.
a. Any person who violates this article or any lawful order issued under this article shall,for
each violation,forfeit not more than ten thousand dollars ($10,000) along with other relief
deemed appropriate which may include economic and noneconomic damages suffered by
the aggrieved person and injunctive or other equitable relief.
b. Any person adjudged to have committed one(1)other discriminatory act under this Division
within a five (5)year period,based on the offense date of the prior discriminatory act,may
be assessed a forfeiture not exceeding twenty-five thousand dollars($25,000). If a person is
adjudged to have committed two (2) or more prior discriminatory acts under this article
during the preceding seven (7) year period, based on the offense dates of the prior
discriminatory acts, a forfeiture not exceeding fifty thousand dollars ($50,000) may be
assessed.
(B) Civil Actions.
a. The City may commence a civil action on behalf of an aggrieved person for the purposes of
seeking injunctive relief and, if the City is the prevailing party,court costs and reasonable
attorney's fees.
b. Any person alleging a violation of this Division may at any time bring a civil action
requesting injunctive relief,damages including punitive damages,and if the plaintiff is the
prevailing party, court costs and reasonable attorney's fees.
(C) Other Remedies. Nothing in this Division shall prohibit an aggrieved party from initiating any
lawful proceeding, whether individually or as a class, regardless of any actions or enforcement
being undertaken by the City.
(D)In addition to the above,a prevailing complainant,including the City,may be awarded reasonable
attorney's fees and costs.
DIVISION 3. MOBILE HOMES AND MOBILE HOME PARKS
SECTION 16-10 DEFINITIONS
(A) "Accessory Structure" See Section 30-22(A)(4)
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(B) "Common Area" means any area or space designed for joint use of tenants occupying the mobile
home park.
(C) REPEALED
(D) "Driveway" means a minor private way used by vehicles and pedestrians on a mobile home lot or
used for common access to a small group of lots or facilities.
(E) "License" means a written license issued by the City allowing a person to operate and maintain a
mobile home park under the provisions of this Division and regulations issued hereunder.
(F) REPEALED
(G) 'Mobile Home" See Section 30-22(A)(116)
(H) 'Mobile Home Lot" means a parcel of land located in a Mobile Home Park for the placement of a
single mobile home and the exclusive use of its occupants.
(I) 'Mobile Home Park"means a parcel of land which has been developed for the placement of mobile
homes and is owned by an individual, a firm, trust, partnership, public or private association, or
corporation.
(J) REPEALED
(K) REPEALED
(L) "Park Management"means the person who owns or has charge,care or control of the mobile home
park.
(M) "Interior Street" means a private way which afford principal means of access to individual mobile
home lots or auxiliary buildings.
(N) "Permit" means a written permit or certification issued by the City permitting the construction,
alteration and extension of a mobile home park under the provisions of this division and regulations
issued hereunder.
(0) "Person"means any individual,firm,trust,partnership,public or private association or corporation.
(P) REPEALED
SECTION 16-11 PERMITS
(A) It shall be unlawful for any person to construct, alter or extend any mobile home park within the
limits of the City unless he holds a valid permit issued by the City Council in the name of such
person for the specific construction, alteration or extension proposed.
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(B) All applications for permits shall be filed with the City Clerk, reviewed by the Planning
Commission and shall contain the following:
(1) Name and address of applicant.
(2) Location and legal description of the mobile home park.
(3) Complete engineering plans and specifications of the proposed park showing but not limited
to the following:
(a) The area and dimensions of the tract of land.
(b) The number, location and size of all mobile home lots,and the location of common
areas.
(c) The location and width of roadways and walkways.
(d) The location of the mobile home stand within the mobile home lot.
(e) Plans and specifications of all utilities including: sewage collection and disposal,
storm water drainage,water distribution and supply,refuse storage and collection,
lighting,electrical,telephone and TV antenna systems.
(f) Landscaping plans for the entire park,including a planting plan for the buffer strip.
(g) Plans and specifications of all buildings to be located within the park.
(h) Such other plans and specifications and information as may reasonable be required
by the City Council.
(C) No permit shall be issued for the construction of a mobile home park unless said development shall
contain a minimum of twenty (20) acres.
SECTION 16-12 LICENSES
(A) It shall be unlawful for any person to operate any mobile home park within the limits of the City
unless he holds a valid license issued annually by City Council in the name of such person for the
specific mobile home park. All applications for licenses shall be made to the City Clerk who shall
issue a license upon compliance by the applicant with provisions of this Division.
(B) Every person holding a license shall give notice in writing to the City Clerk within three (3) days
after having sold, transferred, given away or otherwise disposed of interest in or control of any
mobile home park. Such notice shall include the name and address of the person succeeding to the
ownership or control of such mobile home park. Upon application in writing for transfer of the
license and deposit of a fee of Ten Dollars ($10.00), the license shall be transferred in the mobile
home park is in compliance with all applicable provisions of this Division.
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(C) (1) Application for original licenses shall be made in writing by the holders of the licenses,shall
be accompanied by the deposit of a fee of Twenty-five Dollars ($25.00) for each fifty (50) lots, or
fraction thereof,and shall contain any change in the information submitted since the original license
was issued or the latest renewal granted.
(D) In addition to the above license fee,the licensee,or the owner,or the occupant of every mobile home
shall pay and be jointly and severally liable for the payment of a monthly parking permit fee to the
City. Such monthly parking permit fee shall be collected by the licensee who is primarily liable for
the payment thereof. The determination of the amount of such fee, the review thereof, and the
enforcement of the payment and the disposition of such fee shall be in accordance with Section
66.0435(3) and Section 66.0435(8) of the Wisconsin Statutes.
(E) Whenever, upon inspection of any mobile home park, the City Manager or his authorized agent,
find that conditions or practices exist which are in violation of any provision of this Division,the
City Manager shall give notice in writing in accordance with Section 16-14 to the person to whom he
license was issued that unless such conditions or practices are corrected within a reasonable period
of time specified in the notice by the City manager,the license shall be suspended. At the end of
such period the City Manager or his authorized agent shall reinspect such mobile home park and,if
such conditions or practices have not been corrected,he shall suspend the license and give notice in
writing of such suspension to the person to whom the license is issued. Upon receipt of notice of
such suspension,such person shall cease operation of such mobile home park except as provided in
Subsection(b).
SECTION 16-12.1 REPEALED
SECTION 16-13 INSPECTION OF MOBILE HOME PARKS
(A) The City manager or his authorized agent is hereby authorized and directed to make such
inspections as are necessary to determine satisfactory compliance with this Division.
(B) The City manager or his authorized agent shall have the power to enter at reasonable times upon
any private or public property for the purpose of inspecting and investigating conditions relating to
the enforcement of this Division.
(C) The City Manager or his authorized agent shall have the power to inspect the register containing a
record of all residents of the mobile home park.
(D) It shall be the duty of the park management to give the City Manager or his authorized agent free
access to all lots at reasonable times for the purpose of inspection.
SECTION 16-14 NOTICES AND ORDERS
(A) Whenever the City Manager determines that there are reasonable grounds to believe that there has
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been a violation of any provision of this Division,he may order the discontinuance of such violation
and shall give notice of such alleged violation to the person to whom the permit or license was
issued. Such notice shall: (1)be in writing;(2)include a statement for the reason of its issuance;(3)
allow a reasonable time for the performance of the act it requires;(4)contain an outline of remedial
action,which if taken,will effect compliance with the provisions of this Division. Such notice and
order shall have been properly served when a copy thereof has been sent by certified U.S.Mail to the
last registered post office of the permittee or licensee as registered with the City Clerk,or when the
same has been personally served upon the attorney-in-fact of such permittee or licensee,or when the
same shall have been served in any other manner as provided by the Wisconsin Statutes for the
service of progress.
(B) Whenever the City Manager finds that an emergency exists which requires immediate action to
protect the public health,he may,without notice of hearing,issue an order reciting the existence of
such an emergency and requiring that such action be taken as it may deem necessary to meet the
emergency including the suspension of the permit or license. Notwithstanding any other provisions
of this Division, such order shall be effective immediately.
SECTION 16-15 GENERAL REQUIREMENTS
(A) Any person making application for a permit to construct a mobile home park shall meet the
following design and system requirements:
(1) Environmental Requirements:
(a) Density: The maximum allowable density in a mobile home park development shall
be seven units, or lots,per acre.
(b) Minimum lot size: Individual lots within the mobile home park must contain an
area of not less than four thousand(4,000) square feet,and a minimum lot width of
forty (40) feet at the building setback line.
(c) Requirement Separation Between Mobile Homes: Mobile homes shall be separated
from each other and from other buildings and structures by at least fifteen(15)feet.
An accessory structure such as an awning, cabana, storage cabinet, carport,
windbreak, or porch attached to the mobile home shall,for purposes of separation
requirements be considered a part of the mobile home. Detached accessory
structures shall be allowed only if included and approved as part of the original or
revised mobile home park plan.
(d) Setback and buffer strip: Each mobile home shall be located at least five(5)feet from
any mobile home lot line.
There shall be a minimum distance of twenty (20) feet between the mobile home
stand and the back of curb of the abutting internal street.
All mobile homes shall be located at least twenty-five (25) feet from any park
property boundary line including public streets.
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No mobile home shall be located closer than forty (40) feet from any community
building, including any washroom,toilet, or laundry facilities within the park.
(e) Screening: All mobile home parks shall be provided with screening of trees or
shrubs along the property boundary line separating the park and such adjacent
properties, except where the adjoining property is also a mobile home park. The
planting area shall have a minimum width of fifteen (15) feet. Within such a
planting area,there shall be established within six (6) months after issuance of the
license for the occupation of such mobile home park the following plantings:
A permanent planting of trees and shrubs so arranged and in sufficient numbers so
as to form a solid wall of plant material. Such planting shall be grown or maintained
at a height of not less than fifteen (15) feet except where line of sight vision is
necessary for pedestrians or vehicular traffic safety.
(f) Recreation areas: Each mobile home park shall devote at least ten percent(10%) of
its total area to common space provided for the recreational use and enjoyment of the
occupants of the park. Such open space should, where conditions permit, be
centrally located so as to be free from traffic hazards.
(g) Allowable uses: Single family mobile homes as defined Division shall be allowed,
and any approved accessory structures included in the original plans and
specifications, or revisions thereof. Mobile Homes that do not have complete
bathroom facilities shall specifically be prohibited from placement within mobile
home parks.
Parks, playgrounds and open-space shall be allowed, as well as the following
commercial uses when they are for the exclusive use of park residents:
(i) Mobile home park office.
(ii) Laundromat.
(iii) Clubhouse and facilities for private social or recreation clubs.
(iv) Storage building.
Signs pertaining to the lease,hire or sale of individual mobile homes,not more than
two (2) square feet in area shall be allowed, as well as one (1) mobile home park
identification sign not more than fifty (50) square feet in area, to be located in
proximity to the park entrance.
(2) Access Requirements.
(a) General Requirements: All mobile home parks shall be provided with safe and
convenient vehicular access from abutting public streets or roads to each mobile
home lot. Such access shall be provided by streets, driveways or other means.
(b) Park Entrance: Entrances to mobile home parks shall be designed to minimize
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congestion and hazards and allow free movement of traffic on adjacent streets.
(c) Internal Streets: Surfaced roadways shall be of adequate width to accommodate
anticipated traffic and in any case shall meet the following minimum requirements.
(i) All two-way internal streets shall be 24' in width and all one-way internal
streets shall be 14' in width.
(ii) Dead end streets (cul-de-sacs) shall be limited in length to 1,000 feet and
shall be provided at the closed end with a turnaround having an outside
roadway diameter of at least sixty (60) feet.
(iii) Pavements: All internal streets shall be provided with a minimum of 9"
crushed stone base covered with a 3" asphalt surface. Concrete curb and
gutter shall be required on all streets.
(d) REPEALED
(e) Parking Requirements:
(i) Occupant Parking: A minimum of two(2)parking spaces shall be provided
for occupant parking purposes. Such spaces shall be located within two
hundred fifty (250) feet of the mobile home lot to be served.
(ii) Visitor Parking: A minimum of one space for every four(4)mobile home lots
shall be provided for visitor parking purposes.
(iii) Parking Space: Each parking space shall contain a minimum of two hundred
(200) square feet. The space shall be paved with a smooth,hard and dense
surface which shall be durable and well drained under normal use and
weather conditions.
(iv) Parking Restrictions: Parking of boats, trailers, campers, snowmobiles or
other similar vehicles shall be restricted to an area provided by the park
management specifically for said purpose.
(f) Walkways: All parks shall be provided with safe,convenient,all-season pedestrian
access of adequate width for intended use, durable and convenient to maintain,
between individual mobile homes,the internal streets and all community facilities
provided for park residents.
(i) Common Walk System: A common walk system shall be provided and
maintained between locations where pedestrian traffic is concentrated. Such
common walks shall have a minimum width of three and one-half (3 1/2)
feet.
(ii) Individual Walks: All mobile home stands shall be connected to common
walks,to paved streets,or to paved driveways or parking spaces connected to
a paved street or roadway. Such individual walks shall have a minimum
width of two (2) feet.
(3) Mobile Home Installation Standards. All mobile homes shall be installed pursuant to the
standards set forth in Wis. Admin. Code. SPS 321.40.
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(4) Site Suitability and Storm Water Drainage.
Condition of soil,ground water level,drainage and topography shall not create hazards to
the property or the health or safety of the occupants.
(a) Soil and ground cover requirements: Exposed ground surfaces in all parts of the
mobile home park that are not paved,covered with stone screenings,or other solid
material, shall be protected with a vegetative growth that is capable of preventing
soil erosion and of eliminating objectionable dust.
(b) Site drainage requirements: The ground surface in all parts of every mobile home
park shall be graded and equipped to drain all surface water in a safe, efficient
manner.
(5) Water Supply and Sewerage Disposal System. The mobile home park shall make connection
to the City water supply and sewerage disposal systems at the boundary of the site. The
mobile home park water distribution system shall provide 6"water mains and these mains
shall be looped wherever possible. The mobile home park sewer system shall be constructed
and maintained according to standards set by the Department of Health and Social Services
(Chapter H62,Wisconsin Administrative Code).
(6) Refuse Storage and Collection System.
(a) All refuse shall be stored in fly-tight, water-tight, rodent-proof containers, which
shall be located not more than two hundred fifty(250)feet from any mobile home lot.
Containers shall be provided in sufficient number and capacity to properly store all
refuse.
(b) Refuse collection stands shall be provided for all refuse containers. Such container
stands shall be so designed as to prevent containers from being tipped,to minimize
spillage and container deterioration and to facilitate cleansing around them.
(c) All refuse containing garbage shall be collected at regular intervals. Where suitable
collection service is not available from public or private agencies,the mobile home
park operator shall provide this service. All refuse shall be collected and transported
in covered vehicles or covered containers.
(d) In no instance may disposal of the waste be carried out through incineration on the
mobile home park site.
(7) Public Utility System.
All utility service systems shall be installed and maintained in accordance with applicable
codes and regulations governing such systems.
(a) Public utility service outlets shall be provided at each mobile home stand for electric,
telephone and gas.
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(b) All utility service lines shall be located underground within the mobile home park.
(8) Street and Public Walkway Illumination Requirements. All parks shall be furnished with
lighting units so spaced and equipped with luminaires placed at such mounting heights as
will provide the following average maintained levels of illumination for the safe movement
of pedestrians and vehicles at night:
(a) Fires shall be made only in barbecue pits, fireplaces, stoves or other equipment
intended for such purposes. Incinerators shall be prohibited.
(b) Portable fire extinguishers rated for Class A, B and C fires shall be kept in service
buildings and shall be maintained in good operating condition. Their capacity shall
not be less than two and one-half(2 1/2) pounds.
(c) Fire hydrants shall be located within three hundred(300)feet of any mobile home,
service building or other structure in the park.
SECTION 16-16 MISCELLANEOUS REQUIREMENTS
(A) Responsibility of the Park Management.
(1) The person to whom a license for a mobile home park is issued shall operate the park in
compliance with this Division and shall provide adequate supervision to maintain the park,
its facilities and equipment in good repair and in a clean and sanitary condition.
(2) The park management shall notify park occupants of all applicable provisions of this
Division and inform them of their duties and responsibilities under this Division.
(3) The park management shall supervise the placement of each mobile home on its mobile
home stand which includes securing its stability and installing all utility connections.
(4) The park management shall maintain a register containing the names of all park occupants
identified by lot number or street address. A copy of such register, listing all of such
information,and all monthly charges as of the first day of each month,shall be mailed to the
City Clerk by the park management on or before the tenth day of each month.
(5) The park management shall collect the monthly parking permit fee provided for in Section
16-12(d).
(B) Responsibilities of Park Occupants.
(1) The park occupant shall comply with all applicable requirements of this Division and shall
provide adequate supervision to maintain the park, its facilities and equipment in good
repair and in a clean and sanitary condition.
(2) The park occupant shall be responsible for proper placement of his mobile home on its
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mobile home stand and proper installation of all utility connections in accordance with the
instructions of the park management.
(3) Pets,if permitted in the park,shall be prohibited to run at large or to commit any nuisance
within the limits of any mobile home lot.
(4) The undercarriage, supports and stabilizing devices of the mobile home shall be skirted to
maintain an attractive community appearance.
(5) Porches,awnings,and other additions shall be installed only if permitted and approved by
the park management. When installed,they shall be maintained in good repair. The space
immediately underneath a mobile home shall be used for storage only if permitted by the
park management. If permitted,the following conditions shall be satisfied:
(a) The storage area shall be provided with a base of impervious material.
(b) Stored items shall be located so as not to interfere with the underneath inspection of
the mobile home.
(c) The storage area shall be enclosed by skirting.
(6) The park occupant shall store and dispose of all his rubbish and garbage in a clean,sanitary
and safe manner. The garbage container shall be rodent-proof,insect-proof and water-tight.
SECTION 16-17 LOCATION OF MOBILE HOMES
(A) Mobile homes intended for purposes of human habitation are prohibited within the corporate limits
of the City,except as licensed for mobile home park use in compliance with this Division or except
as provided in Subsection(b).
(B) The Department of Community Development is authorized to issue temporary permits for the
parking of trailers to be used as field offices during the construction of a building project on the
construction site pursuant to Section 30-87.
SECTION 16-18 VARIANCES
The City Manager or his authorized agent,may in appropriate cases and subject to appropriate conditions
and safeguards make special exceptions to the terms of this division in harmony with its general purpose
and intent so that the spirit of this Division shall be maintained, public safety and welfare secured and
substantial justice done.
SECTION 16-19 PENALTIES
Any person who shall violate any provision of this Division shall,upon conviction thereof,forfeit not less
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than Seventy-five Dollars($75.00)nor more than Five Hundred Dollars($500.00)together with the costs of
prosecution. Each day's failure of compliance with any such provision shall constitute a separate violation.
DIVISION 4. PENALTIES
SECTION 16-20 PENALTIES
(A) Any person who violates the Fair Housing Division shall for each violation,except the actual refusal
to sell, forfeit not less than Seventy-five Dollars ($75.00) nor more than Two Hundred Dollars
($200.00). For refusal to sell the owner shall forfeit not less than One Hundred Twenty-five Dollars
($125.00)nor more than Five Hundred Dollars($500.00),together with the costs of prosecution,and
in default of payment thereof shall be imprisoned in the County Jail until such fine and costs are
paid but not exceeding thirty (30) days.
(B) Any person who is convicted of violating any of the provisions of Division 3 (Mobile Homes and
Mobile Home Parks) shall be subject to a fine not less than One Hundred Twenty-five Dollars
($125.00),nor more than Five Hundred Dollars($500.00),together with the costs of prosecution,and
in default of payment thereof, imprisonment not to exceed sixty (60) days.
ARTICLE II. MINIMUM HOUSING CODE
DIVISION 1. PURPOSE;POLICY AND CONSTRUCTION SCOPE
SECTION 16-21 TITLE;PURPOSE;POLICY AND CONSTRUCTION SCOPE
(A) Title
This Article shall be known and cited as the Minimum Housing Code of the City of Oshkosh.
(B) Purpose
The purpose of this Article is to prevent the deterioration of residential units and neighborhoods
and to insure a minimum level of housing standards for the residents 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 property.
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 environment,
and to help insure the maintenance of property values within the City.
(C) Scope
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This Article shall pertain to all dwellings in the City except one-family owner-occupied dwellings as
defined in Section 16-22.
SECTION 16-21.1 PUBLIC INFORMATIONAL MEETINGS
Before revising, repealing, recreating, creating, or otherwise amending the provisions of this Article, a
public informational meeting shall be held at which parties in interest and others shall have an opportunity
to be heard. Such meeting shall be held not less than 10 days nor more than 30 days prior to the first date
upon which Council may act upon the issue. At least 7 days prior to the holding of such informational
meeting notice of the time and place of the meeting shall be published as a class 1 notice,under ch.985 of
the Wisconsin Statutes.
SECTION 16-22 DEFINITIONS
(A) The following definitions shall apply in the interpretation and enforcement of the Minimum
Housing Code:
(1) APARTMENT HOTEL. Same as"Hotel".
(2) APPROVED. "Approved" shall mean in accordance with regulation established by City
ordinance or Code and authority designated by law to enforce such ordinance or Code.
(3) BASEMENT. See Section 30-22(A)(22).
(4) BATH. 'Bath" shall mean a bathtub or shower stall properly connected with both hot and
cold water lines.
(5) BATHROOM. 'Bathroom" shall mean a non-habitable room with a dwelling unit which is
used, or intended to be used, primarily for bathing and/or toilet purposes, and which
contains a toilet, lavatory,bathtub or shower facilities.
(6) BEDROOM. 'Bedroom"shall mean a habitable room within a dwelling unit which is used,
or intended to be used, primarily for the purpose of sleeping, but shall not include any
kitchen or dining room. Bedroom, however, shall not be interpreted so as to prohibit
efficiency apartments.
(7) CITY. "City" shall mean the City of Oshkosh,Wisconsin.
(8) COMMUNAL. "Communal"shall mean used or shared by,or intended to be used or shared
by,the occupants of two or more rooming units or two or more dwelling units.
(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
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single turn of a knob.
(10) DWELLING. See Section 30-22(A)(54).
(a) DWELLING, SINGLE FAMILY. See Section 30-75(A).
(b) DWELLING,TWO-FAMILY. See Section 30-75(B), (C) and (D).
(c) DWELLING,MULTIPLE OR APARTMENT BUILDING. See Section 30-75(F)and(G).
(d) MOBILE HOME. See Section 16-10(G).
(11) DWELLING UNIT. See Section 30-22(A)(57).
(12) EFFICIENCY APARTMENT. "Efficiency Apartment" shall be a dwelling unit consisting of
one habitable room.
(13) EXTERMINATION. "Extermination" shall mean the control and elimination of insects,
rodents or other pests by elimination of their harborage places, by removing or making
inaccessible material that may serve as their food,by poisoning, spraying, trapping or by
any other recognized and legal elimination method.
(14) FAMILY. See Section 30-22(A)(62).
(15) GARBAGE. "Garbage" shall mean the animal and vegetable waste resulting from the
preparation,handling, cooking and consumption of food.
(16) HABITABLE ROOM. "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, communicating corridors, closets and storage spaces.
(17) HOTEL. See Section 30-78(0).
(18) INFESTATION. "Infestation"shall mean the presence of any insects,rodents,or other pests
within a dwelling or on the dwelling premises.
(19) INOPERABLE VEHICLE. "Inoperable vehicle"shall mean any unregistered vehicle,or any
vehicle unable to move under its own power or any vehicle not able to be used legally on
any public street in accordance with the provisions of Chapters 347 and 348 of the Wisconsin
Statutes and/or Trans 305 of the Wisconsin Administrative Code.
(20) KITCHEN. "Kitchen" shall mean a habitable room or area used or intended to be used for
cooking or the preparation of meals.
(21) NUISANCE. 'Nuisance",for the purposes of the Minimum Housing Code,shall be defined
as follows:
(a) Any attractive nuisance which may prove detrimental to children whether in a
building or upon a lot. This includes any abandoned wells,shafts,basements,and
excavations; or any abandoned refrigerators and inoperable motor vehicles;or any
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structurally unsound structures; or any lumber, trash, debris or vegetation which
may prove a hazard for inquisitive minors.
(b) Whatever is dangerous to human life or is detrimental to health.
(c) Overcrowding a room with 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
human beings.
(h) Unsafe or dangerous electrical wiring.
(22) OCCUPANT. "Occupant"shall mean any person living,sleeping or eating,or having actual
possession of a dwelling unit or rooming unit.
(23) OPERATOR. "Operator"shall mean any person who is in charge or control of a building or
part thereof in which dwelling units or rooming units are let.
(24) 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.
(25) PERSON. "Person"shall mean and include any individual,firm,corporation,partnership or
association.
(26) PLUMBING. "Plumbing" shall mean and include the following: all piping, fixtures,
appliances, equipment, devices and appurtenances in connection with the water supply,
water distribution and drainage systems,including hot water storage tanks,water softeners
and water heaters connected with such water and drainage systems and also includes the
installation thereof or a water pressure system other than municipal systems as provided in
Chapter 144 of the Wisconsin Statutes.
(27) PREMISES. "Premises" shall mean a lot together with all buildings and structures thereon.
(28) ROOMER. 'Roomer"shall mean an occupant of a rooming house who is not a member of the
family of the operator of that rooming house,or an occupant of a dwelling unit who is not a
member of the family occupying the dwelling unit.
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(29) 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 four roomers.
(30) ROOMING UNIT. 'Rooming Unit"shall mean any room or group of rooms forming a single
habitable unit in a rooming house used or intended to be used for living and/or sleeping.
(31) RUBBISH. 'Rubbish" shall 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.
(32) SUPPLIED. "Supplied"shall mean paid for,furnished or provided by or under the control of
the owner or operator.
(33) MEANING OF CERTAIN WORDS. Whenever the words 'Dwelling", 'Dwelling Unit",
"Rooming House",or"Premises" are used in this Article,they shall be construed as though
they were followed by 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;
TIME; NOTICE - SEARCH WARRANT - WAIVER; NON-PERTINENT
DISCOVERIES CONFIDENTIAL; OBSTRUCTION - REFUSAL - CEASE AND
DESIST ORDER
(A) The Housing Inspector is authorized and directed to 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 8:00 A.M. and 5:00 P.M. (except Sundays and
Holidays),for the purpose of determining whether there is compliance with the provisions of this
Article. He shall 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 if he is given
permission to do so. In the absence of such permission, he shall obtain a search warrant before
entering the premises. However,if delay in inspection would pose a serious and imminent threat to
human life, health or property,he may enter the premises without such permission or notice and
with or without 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) If any owner, occupant, or other person in charge of a dwelling or dwelling unit subject to the
provisions of this Article refuses,impedes,inhibits,interferes with,restricts or obstructs entry and
free access to any part of the structural premises where 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 interference.
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DIVISION2. NOTICES;HOUSING ADVISORY AND APPEALS BOARD;
ORDERS;HEARINGS;REVIEW
SECTION 16-24 NOTICES-CONTENTS;SERVICE;TIME FOR REMEDIAL ACTION BY OWNER
(A) Whenever the Housing Inspector determines that there has been a violation or that there are
reasonable grounds to believe that there has been a violation of any provision of this Article,he shall
give written notice of such violation or alleged violation to the party responsible for maintaining the
premises in compliance with this Article or agent as designated in writing.
(1) Include a description of real estate sufficient for identification.
(2) Include a statement of the alleged violation or violations.
(3) Include an order for remedial action.
(4) Allow reasonable time, of up to six (6) months,for performance of any action required.
(B) Upon re-inspection of a violation,if the inspector finds that the violations have not been corrected,
the owner, contractor or agent responsible for the violations shall pay a re-inspection fee.
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 as provided for in Chapter 30 of this code. An order or ruling
written under the State Building Code is not appealable under this ordinance.
SECTION 16-26 RESERVED
SECTION 16-27 RESERVED
SECTION 16-28 RESERVED
SECTION 16-29 RESERVED
SECTION 16-30 RESERVED
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
other designee shall cause such dwelling or dwelling unit or part thereof to be posted unfit for human
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
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Inspector or designee. The notice procedure shall be pursuant to Section 16-24,exclusive of subparagraph
(A)(4).
SECTION 16-32 UNAUTHORIZED REMOVAL OF NOTICE
No person shall interfere with,obstruct,mutilate,deface or remove the official notice or placard from any
dwelling or from dwelling unit.
DIVISION 3. MINIMUM STANDARDS,REQUIREMENTS AND CONDITIONS FOR OCCUPANCY
SECTION 16-33 MINIMUM STANDARDS FOR EQUIPMENT AND FACILITIES
(A) All habitable buildings subject to the provisions of this Article shall comply with the following
requirements for basic equipment and facilities.
(1) Sinks.
Every dwelling unit shall contain a kitchen sink which shall be located in the room in which
the food is cooked or prepared.
(2) Bathrooms
(a) Every dwelling unit shall contain a bath, a flush toilet, and a lavatory basin,
irrespective of the sink required as a kitchen facility, except that where there are
apartments consisting of not more than three(3)rooms there shall be at least one(1)
water closet for each two (2) such apartments.
(b) The room wherein the toilet, lavatory and bathtub or shower required under the
Section are installed,shall afford privacy to a person within. The bathtub or shower
may be in a room separate from the room housing the toilet and lavatory basin,but
shall afford privacy to a person within.
(3) Water supply.
Every required kitchen sink,lavatory basin,bathtub and shower shall be properly connected
with both hot and cold potable water, and every flush water closet shall be properly
connected to a supply of water adequate in volume and pressure for flushing purposes.
(4) Water heating facilities.
Every dwelling unit shall have automatic or manually operated water heating facilities
which are properly installed, are maintained in safe and good working condition, and are
connected to fixtures as required in the preceding paragraph; and are capable of heating
water to a temperature of at least one hundred twenty (120) degrees Fahrenheit so as to
permit an adequate amount of hot water to be drawn 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.
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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 shall be maintained by the owner or occupant in
serviceable condition.
(6) Stairways in single and two family dwellings.
Stairways in single and two-family dwellings shall be equipped with proper handrails
mounted in accordance with Sec.SPS 321.04,Wis.Adm.Code,as may be amended from time
to time,and shall be equipped with treads and risers reasonably uniform. Porches in single
and two-family dwellings shall be equipped with guardrails and intermediate rails installed
in accordance with Sec.SPS 321.04,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 longer functional or
deemed unsafe. Stairways and porches in other multiple family dwellings shall comply
with the appropriate provisions of the Uniform Building Code, as may be amended from
time to time, contained with the Wisconsin Administrative Code.
(7) Smoke Detectors.
Effective October 1,1985,all dwelling units,vacant or occupied,subject to the provisions of
this Article shall be provided with a working,approved,listed and labeled smoke detector in
the basement and on each floor of the dwelling unit except in the attic or storage area of said
dwelling units.
The owner or person in charge shall be solely responsible for the installation and
maintenance of the smoke detectors and for battery replacement as required.
The tenant shall be responsible for informing the owner in writing of any smoke detector
malfunction, including the need for a new battery.
The owner or person in charge shall immediately upon receipt of a written notice from the
tenant repair or replace the smoke detector or replace the battery.
The owner,person in charge or tenant shall not disconnect or remove batteries from smoke
detectors except at the time of battery replacement.
The owner or person in charge shall replace the battery at the beginning of a new lease or
new tenancy and shall replace the battery annually.
The owner or person in charge shall furnish to the tenant at the beginning of a new lease or
new tenancy written notice of the responsibilities of the tenant and the obligations of the
owner regarding smoke detectors,batteries and maintenance.
(8) Natural Gas Ranges
When provided or used in any dwelling unit subject to the provisions of this Article,natural
gas ranges,ovens and oven/range combinations of any type shall be installed,maintained an
used or operated in a safe and non-hazardous manner,pursuant to any applicable state or
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national codes and regulations. Whenever such an appliance is found or determined to be or
certified by the Wisconsin Public Service Corporation as unsafe or hazardous, no person
shall use, nor shall any person permit others to use the appliance until all appropriate
repairs have been made and the appliance is certified as safe for its intended use.
(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 equipped with doors for privacy.
(10) Carbon Monoxide Detectors.
(a) 1 & 2 Family — Dwelling units in single and two-family dwellings, vacant or
occupied,subject to the provisions of this Article shall be equipped with approved,
listed and labeled carbon monoxide detectors in accordance with Section 101.647 of
Wisconsin Administrative Code, as may be amended from time to time.
(b) Multi-family—Dwelling units in multi-family dwellings,vacant or occupied,subject
to the provisions of this Article shall be equipped with approved,listed and labeled
carbon monoxide detectors in accordance with Section 101.149(1)to(5)of Wisconsin
Administrative Code, as may be amended from time to time.
SECTION 16-34 MINIMUM STANDARDS FOR HEATING, VENTILATION, ELECTRICAL
SERVICE AND LIGHTING
(A) All habitable buildings shall comply with the following requirements for heating, ventilation,
electrical service and lighting:
(1) Heating
Every dwelling shall have heating facilities which are capable of safely and adequately
heating all habitable rooms and bathrooms to a temperature of at least sixty-seven (67)
degrees Fahrenheit with an outside temperature of minus fifteen(-15) degrees Fahrenheit
without forcing the heating facilities beyond safe capacity. All facilities shall be operated to
maintain at least this minimum temperature during all occupied periods.
(2) Ventilation
(a) Every habitable room shall be provided with window and/or door areas 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 and toilet compartment shall have at least one(1)window directly
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.
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(c) All windows and/or doors openable directly to the outside as required by
subparagraphs(a) and(b)shall be effectively screened with untorn screens in good
serviceable condition.
(d) All openings to a building which might provide an entry for rodents shall be
effectively protected at all times so as to prevent their entry.
(3) Electrical service
(a) Every habitable room shall contain at least two (2) separate wall-type electric
convenience outlets or one (1) such convenience outlet and one (1) ceiling-type or
wall-type electric fixture; and every water closet compartment, laundry room,
furnace room and public hall shall contain at least one (1) ceiling or wall-type
electric fixture. Every bathroom shall contain one wall convenience outlet and one
wall or ceiling light fixture. Every such outlet and fixture shall be properly installed
and shall be maintained in a good and safe working condition and shall be
connected to the source of the electric power in a safe manner.
(b) In every building accommodating two (2) or more dwelling units using the same
corridors and stairways, adequate lighting shall be provided in such corridors and
stairways when needed. Such lighting shall 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 stairways.
(ii) Any automatic type of operation which will maintain adequate lighting at all
time,either natural or artificial.
(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.
(4) Natural Lighting
Every habitable room shall be provided with window areas equal to at least eight percent
(8%) of the floor area.
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,floor covering,wall,ceiling and kitchen countertop and cupboard shall
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be kept in good repair. Every building shell,foundation,exterior door and roof shall
be kept in good repair and weather-tight.
(b) All rainwater shall be so 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.
(c) All windows shall be maintained in good repair and in a weather-tight condition.
(d) All interior doors shall be maintained in good repair.
(2) Stairs and porches.
Every inside and outside stair,every porch,every guardrail and every appurtenance 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 and porches shall be kept free of refuse or stored
material.
(3) Plumbing Systems.
Plumbing systems shall be maintained in a sanitary and functional condition. Leaking pipes
and cracked or broken fixtures shall be considered unsanitary.
(4) Chimney and smoke pipes.
Every chimney and smoke pipe shall be adequately supported, reasonably clean and
maintained in good state of repair.
(5) Discontinuance of service
No owner, occupant or operator shall cause any required service, facility, equipment or
utility to be removed from,shut off from or discontinued for any occupied dwelling except
for such temporary interruption as may be necessary while actual repairs or alterations are
in progress, or during a temporary emergency.
(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.
(7) Cleanliness.
(a) Every dwelling unit shall be kept free of any accumulation of refuse,trash,debris or
other matter.
SECTION 16-36 CONDITIONS OF OCCUPANCY OF DWELLINGS AND DWELLING UNITS
(A) No person shall occupy or let to another for occupancy any dwelling or dwelling unit for the
purpose of living therein which does not comply with the following requirements:
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(1) Floor space.
Every dwelling unit except hotels and rooming houses shall contain at least one hundred
fifty (150) square feet of habitable floor space for the first occupant thereof and at least one
hundred (100) additional square feet of floor space for every additional occupant thereof.
(2) Habitable room area.
Floor area shall be calculated on the basis of habitable room area. However,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) Ceiling height.
At least one-half(1/2)of the floor area of every habitable room shall have a ceiling height of
at least seven(7)feet and the floor area of that part of any room where 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 determining the maximum permissible occupancy thereof.
(4) Access to bathroom facilities.
Every occupant of every dwelling unit shall have unrestricted access to a bath and flush
toilet and to a sink or lavatory basin located within the dwelling unit. Such access shall not
be through more than one (1) sleeping room.
(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 for habitable
rooms.
SECTION 16-37 RESPONSIBILITIES OF OWNERS AND OCCUPANTS
(A) Where in this Article the obligation for observance is not otherwise clearly designated, the
respective responsibility of owner, operator and occupant is 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 premises.
Yards shall be maintained by the owner according to the provisions of Article IV of Chapter
17 of this Code pertaining to Public Nuisances.
(2) Responsibilities of others.
Every occupant of a dwelling or dwelling unit shall maintain in a clean condition that part
of the dwelling, dwelling unit and yard which he occupies and controls.
(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 a point farthest
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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 pick-up day
no earlier than 4:00 p.m. of the day preceding pick-up as established in Section 23 of this
Code, and that all receptacles shall be returned by occupant to the point of storage within
twelve (12) hours after collection.
(4) Disposal of garbage.
Every occupant of 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 herein. The
owner shall be responsible for supplying such facilities or receptacles for all dwelling units
in dwellings containing more than two (2) dwelling units. In all other cases,the occupant
shall be responsible for such facilities or receptacles.
(5) Extermination of pests.
(a) Every occupant of a dwelling unit in a dwelling containing more than one dwelling
unit shall be responsible for the extermination of any insects, rodents, pigeons, or
other pests therein,whenever his dwelling unit is the only one infested;provided,
however, that when infestation is caused by failure of the owner to maintain a
dwelling in a rodent or pigeon proof or substantially insect proof condition, or if
termites infest the dwelling unit, extermination shall be the responsibility of the
owner.
(b) Every owner or operator shall be responsible for extermination of any insects,
rodents, pigeons or other pests whenever infestation occurs in more than one
dwelling unit in a dwelling,or in shared or public parts of a dwelling of two or more
units or in any vacant unit.
SECTION 16-38 DWELLINGS AND DWELLING UNITS WHICH MAY BE OCCUPIED HOUSING
INSPECTOR - DETERMINATIONS; ORDERS; TIME FOR COMPLIANCE -
EXTENSION; BUILDING INSPECTOR- STATE 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 occupied if such dwelling unit has been inspected by the Housing Inspector and it
has been determined that such dwelling or dwelling unit does not conform to the requirements of
this Article.
(B) Except as to rooming houses which shall be governed by Section 16-39,the Housing Inspector shall
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 each,and in case,not exceeding a total of one(1)year from the time of original order. Said
extensions shall be granted only upon evidence of substantial effort to,and progress in,removing
the violation.
(C) Any dwelling declared structurally unsafe shall be restored or razed according to the provisions of
Section 66.0413 of the Wisconsin Statutes. The Building Inspector is hereby designated as an officer
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to carry out the provisions thereof.
DIVISION4. ROOMINGHOUSES
SECTION 16-39 ROOMING HOUSES- STATE ADMINISTRATIVE CODE
(A) No person shall operate a rooming house, or shall occupy or let to another for occupancy any
rooming unit in any rooming house,except in compliance with the Wisconsin Administrative Code,
SPS 362 and in compliance with Sections 16-33(A)(3-5),16-34(A)(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 designated
Sections applicable in the enforcement of this Section the words"multiple dwelling"or"dwelling"
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; TEMPORARY PERMIT;
REQUIREMENTS AND EXCEPTIONS IN GENERAL
(A) The Housing Inspector is authorized, upon application therefor, to issue operating licenses and
renewals thereof, in the names of applicant owners of rooming houses.
(1) No such licenses shall be issued unless the rooming house in connection with which license
is sought is found, after inspection,to meet the requirements of this Article.
(2) The Housing Inspector is authorized to issue temporary operating permits for a period of not
to exceed one (1) year.
(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.
(C) No person shall operate a rooming house with more than four(4)roomers unless he holds a current
license or temporary permit issued by the Housing Inspector in his name for the specific rooming
house.
(1) No permit shall be required where there is in effect a current State Board of Health hotel,
motel or tourist home permit.
SECTION 16-41 ROOMING HOUSE OPERATING LICENSE-TERM;FEE;FORMS;INSPECTIONS
(A) Every operating license shall be issued for a period of one (1)year from the date of issuance unless
sooner revoked, including any renewals thereof.
(1) No operating license shall be issued or renewed unless the applicant owner has first made
application therefor on an application form provided by the Housing Inspector,
accompanied by payment of a license fee of One Hundred Dollars ($100.00) plus Fifteen
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Dollars($15.00)per bedroom per license. The Housing Inspector shall develop such forms
and make them available to the public.
(2) No operating license shall be issued or renewed unless the applicant owner agrees in his
application to such inspection as the Housing Inspector may require to determine whether
the rooming house in connection with which such license is sought is in compliance with
the provisions of this Article.
(3) Any property failing to secure or renew the required Rooming House License prior to
operating such or prior to expiration of said license shall pay double the license fee.
(4) Upon re-inspection of a violation, if the inspector finds that the violations have not been
corrected, the owner, contractor or agent responsible for the violations shall pay a re-
inspection fee.
SECTION 16-42 ROOMING HOUSE OPERATING LICENSE-AGENT FOR SERVICE OF NOTICE
AND PROCESS
(A) No operating license 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 provisions of this Article and
for service of process pursuant to this Article. Such designation shall accompany each application
form.
(1) The applicant may designate any person or resident in the City his agent for this purpose,or
may designate the City Clerk his agent for this purpose.
(2) Such applicant shall immediately notify the City Clerk of any change of agent.
SECTION 16-43 ROOMING HOUSE OPERATING LICENSE - CONTENTS; DISPLAY;
TRANSFERABILITY; NOTICE OF CHANGE OF OWNERSHIP OR CONTROL
(A) The license shall state the maximum number of occupants permitted on the occupied premises,and
shall be displayed in a conspicuous place within the communal areas of the rooming house.
(B) No license shall be transferable to another person or rooming house.
(C) Every person holding an operating license shall give notice in writing to the Housing Inspector
within forty-eight (48) hours after having transferred or otherwise disposed of the legal control of
any licensed.
SECTION 16-44 ROOMING HOUSE; INSPECTION - NOTICE OF VIOLATION; OPERATING
LICENSE REVOCATION - REINSPECTION; HEARING BEFORE HOUSING
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BOARD
(A) Whenever, upon inspection of the licensed rooming house, the Housing Inspector finds that
conditions or practices exist which are in violation of this article, he shall serve a notice in
accordance with Section 16-24. This notice shall state that,unless the requirements are complied
with by a specified date,the operating license may be revoked.
(B) At the end of the time he has allowed for correction of any violation cited,the Housing Inspector
shall re-inspect the rooming house, and if he determines that such conditions have not been
corrected,he may issue an order revoking the operating license.
(C) Any person who receives a notice pursuant to this Section shall be entitled, if he requests it, to a
hearing before the Housing Advisory and Appeals Board as provided by Section 16-26.
SECTION 16-45 MINIMUM REQUIREMENTS; SPECIFICATION OF MINIMUM STANDARDS
(A) The regulations and standards herein prescribed are minimum standards. If any standard or
regulation required by the"Minimum Housing 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 water closet,lavatory basin and bathtub or shower shall be supplies 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) water closet with or without a tub or shower
required by this Section shall be provided with doors with operable 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 members of the same sex,each fixture shall be enclosed in
accordance with SPS 362, and the door to such rooms shall not be locked.
(b) All rooms containing only one(1)bathtub or shower facility,with or without a water
closet,shall be provided with doors with locks to insure privacy to a person within.
Where two (2) or more of such bathing facilities are provided in the same room for
use only by members of the same sex, each such facility shall 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 shall not be locked.
(c) Urinals where provided for use by members of the same sex shall be in addition to
the number of water closets required.
(d) One (1) lavatory shall be provided for each water closet.
(e) All such facilities shall be so located within the dwelling as to be accessible from a
common hall or passageway to all persons sharing such facilities.
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(2) Communal cooking and dining facilities in a rooming house shall be kept by the owner,
operator or agent designated in writing, in a safe, sanitary and orderly condition.
(3) Whenever bed linen and towels are furnished by the operator as part of the rental agreement
with a room occupant,the operator shall 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
operator shall be responsible for the maintenance of all such bedding and towels in a clean
condition.
(4) The occupant or occupants of a room in a rooming house shall be responsible for
maintaining the room in a clean condition and ensuring that the smoke detector installed by
the owner or operator is checked periodically and is functioning properly. The owner or
operator of every rooming house shall be responsible for the maintenance of a clean
condition in all communal areas and unoccupied rooms of the rooming house and shall
ensure that a smoke detector is installed in each sleeping room,vacant or occupied,and is in
working order.
(5) (a) Every sleeping room shall be of sufficient size to afford at least four hundred (400)
cubic feet of air space for each occupant over twelve (12) years of age, and two
hundred (200) cubic feet for each occupant under twelve (12) years of age, except
that a minimum of one hundred fifty(150)cubic feet may be provided for infants in
hospital nurseries. No greater number of occupants than the number thus
established shall be permitted in any such rooms.
DIVISION 5. LEGAL ACTION AND PENALTIES
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 Seventy-five Dollars ($75.00) for the first offense, One Hundred Twenty-five
Dollars($125.00)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 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.
(A) Smoke Detectors. Notwithstanding the foregoing, any person convicted 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 subsequent 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
(B) Carbon Monoxide Detectors. Notwithstanding the foregoing, any person convicted of violating
Section 16-33(A)(10)(a) or 16-33(A)(10)(b) shall forfeit not less than One Hundred Fifty dollars
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($150.00) for the first offense and not less than Three Hundred Dollars ($300.00) for the second or
subsequent 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
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 registration of residential rental dwelling units, and for the regularly
scheduled, systematic inspections of residential rental dwelling units within a neighborhood
stabilization and enhancement district(s) within 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 application forms provided by the Department by
January 1,2017 for rental units existing on the effective date of this ordinance or within 30 days of
full or partial occupancy of new construction or creation of residential rental units.
(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 or agent's legal name and telephone
number. The owner may voluntary provide an email address, for the owner or the agent of the
owner.
(C) The owner of a Residential Rental Dwelling Unit shall update the Residential Rental Contact
Registration on file with the Department within 30 days of any changes in the information
required by(B) above to ensure that it includes the correct and current contact information
at all times.
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(D) Within 30 days of the Sale,Transfer or Conveyance of the Residential Rental Dwelling Unit
the new Owner shall submit to the City the completed Residential Contact Registration as
provided in(B) above.
(E) The residential rental contact registration does not act as a statement or admission regarding
the rental unit condition or compliance of the rental unit with any other code or ordinance.
(F) There shall be no fee for the residential rental contact registration.
SECTION 16-49 RESIDENTIAL RENTAL INSPECTION
(A) The City of Oshkosh hereby establishes a program of regularly scheduled inspections of all
residential rental dwelling units located within the neighborhood stabilization and enhancement
district in the City of Oshkosh.
(B) The neighborhood stabilization and enhancement area shall be defined in accordance with state
statute and the Common Council shall adopt the district(s)by resolution.
(C) Inspections shall only be conducted:
(1) in an occupied dwelling unit with consent from an adult tenant or adult designee present at
the time of the inspection;
(2) in a vacant dwelling unit with consent from the owner or owner's agent who is present at
the time of the inspection; or
(3) upon obtaining 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.Inspection Fees shall be collected as a special charge
as provided in§66.0627 of the Wisconsin Statutes and entered on the tax roll if unpaid, or may be
collected in any other manner allowed by law. The enactment of this ordinance shall constitute
notice to property owners of such charge.
(E) 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
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(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.
(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 30-22(A)(62).
(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.
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(9) TENANT. "Tenant" shall mean 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."
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