Building
Inspections and Permits
Permits
Property Maintenance Code
Chapter 23
Fees for City Services
Greg Klemko, Chief Building Inspector of Building, Zoning &
Assessments (BZA), handles building permits and building inspections. Office
hours are 8:00am to 10:00am, Monday through Friday, at City Hall.
For information concerning your projects or to make an appointment
with the inspector, call (262)741-5115. Inspectors are certified
by the state of Wisconsin and enforce the State Building Code you
can review by
clicking here.
 Permits
Do I need a permit for a fence? Yes. There are a number
of permits required in the City of Elkhorn including one to build
a fence. Permits must be obtained from the Building Inspector.
Packets explaining the procedures to follow are available outside
the Building Inspector’s office on the second floor of City Hall.
Or may a selection below to find out what to do to obtain a
permit:
Property
Maintenance Code
20.01 INTENT AND PURPOSE
20.02 APPLICABILITY
20.03 DEFINITIONS
20.04 COMPLIANCE RESPONSIBILITY
20.05 GENERAL REQUIREMENTS RELATING TO THE SAFE AND
SANITARY MAINTENANCE OF PROPERTY
20.06 RESPONSIBILITIES OF OWNERS AND OCCUPANTS
20.07 ENFORCEMENT
20.08 PENALTIES
20.09 IMPOSITION OF SPECIAL CHARGES
20.10 TRANSFER OF OWNERSHIP OF NON-COMPLIANCE
BUILDINGS
20.11 EMERGENCIES
CHAPTER 20
PROPERTY MAINTENANCE CODE
20.01 INTENT AND PURPOSE:
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20.01.1 Declaration of Policy. It is recognized that there
are buildings, structures, yards, vacant lots and/or
combinations thereof, which are now or may in the future become
substandard with respect to structure, provisions and
maintenance of basic equipment, and facilities, habitable space
and exterior appearance so as to constitute a threat to the
health, safety, and general welfare of the occupants of these
premises and to the community at large. It is further recognized
that the establishment and enforcement of minimum property
maintenance standards is necessary to pressure and prompt the
public and private interest.
20.01.2 Purpose. The purpose of this code is to protect the
public health, safety, and welfare by establishing minimum
standards governing the maintenance, appearance and condition of
residential and nonresidential premises; to fix certain
responsibilities and duties upon owners and operators and
district and separate responsibilities and duties upon
occupants; to authorize and establish procedures for the
inspection of residential and nonresidential premises; and to
provide for the repair, demolition or vacation of premises unfit
for human habitation, occupancy or use.
20.02 APPLICABILITY:
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shall be known as the "Property Maintenance Code for the City of
Elkhorn". This chapter shall apply to all land, buildings and
structures in the city, without regard to its class or its date of
construction, alteration, or repair. The owner and operator of
same shall be responsible for insuring that the land, buildings
and structures conform to the requirements of this chapter.
20.03 DEFINITIONS:
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definitions shall apply in the interpretation and enforcement of
this chapter:
"Accessory building or structure" means a detached building
or structure in a secondary or subordinate capacity from the
main or principal structure.
"Approved" means approved by the local or state authority
having such administrative authority.
"Building" means a fixed construction with walls, foundation
and roof, such as a house, garage, etc.
"Building code" means the city building, plumbing and
electrical code.
"Building inspector" means the designated building inspector
of the city or his or her authorized representatives.
"Clean" means free from dirt, impurities, and/or extraneous
matters that could cause the spread of disease.
"Dilapidated" means the building is no longer structurally
suitable for its current use.
"Dwelling" means any enclosed space wholly or partly used or
intended to be used for living, sleeping, cooking and eating.
"Dwelling unit" means a room or group of rooms located within
a dwelling forming a single habitable unit with facilities used
or intended to be used by a single family for living, sleeping,
cooking and eating purposes.
"Extermination" means the control and elimination of insects
or rodents by eliminating their harborage places; by removing or
making inaccessible materials that may serve as their food; by
poisoning, spraying, fumigating, trapping, or by any other
recognized and legal pest elimination methods and materials as
approved under the guidelines of the U.S. Environmental
Protection Agency and the Wisconsin Department of Public Health,
or conducted by a Wisconsin certified pest control technician.
"Garbage" means the animal and vegetable waste resulting from
the handling, preparation, cooking, serving and nonconsumption
of food.
"Habitable room" means a room or enclosed floor space used or
intended to be used for living, sleeping, cooking or eating
purposes, excluding bathrooms, water closet compartments,
laundries, furnace room, pantries, kitchenettes and utility
rooms of less than fifty (50) square feet of floor space,
foyers, communicating corridors, stairways, closets, storage
spaces and workshops.
"Heating device" means all furnaces, water heaters,
fireplaces, unit heaters, domestic incinerators, cooking and
heating stoves and ranges, and other similar devices.
"Infestation" means the presence within or around a dwelling
of any rodents and/or insects.
Meaning of Certain Words. Whenever the words "dwelling,"
"dwelling units," "premises," "structure" are used in the
chapter, they shall be construed as though they were followed by
the words "or any part thereof." Words used in the singular
include the plural, and the plural the singular, the masculine
gender includes the feminine and the feminine the masculine.
"Multiple dwelling" means any dwelling containing more than
two dwelling units.
"Occupant" means any individual, living, sleeping, cooking,
or eating in a dwelling unit or a rooming unit of which the
individual does not have legal title to the dwelling unit;
except that in dwelling units a guest shall not be considered an
occupant.
"Operator" means any person who has charge, care, control, or
management of a building, or a part thereof, in which dwelling
units are let.
"Owner" means any person who, alone or jointly or severally
with other:
- Shall have legal title to any premise, dwelling or
dwelling unit, with or without accompanying actual possession
thereof; or
- Shall have charge, care, or control of any premise,
dwelling or dwelling unit, as owner or agent of the owner
without accompanying actual possession thereof.
Any such person thus representing the actual owner shall be
bound to comply with the provision of this chapter and of rules
and regulations adopted pursuant thereto, the same extent as if
he or she were the owner.
"Owner/occupant" means any individual, who, alone or jointly
or severally with others shall have legal title to any premises,
dwelling or dwelling unit and actually lives, sleeps, cooks or
eats in the dwelling unit.
"Person" means and includes any individual, firm,
corporation, association, partnership, cooperative or
governmental agency.
"Plumbing" means and includes all of the following supplied
facilities and equipment; water pipes, waste pipes, water
closets, sinks, lavatories, bathtubs, shower baths, catch
basins, drains, vents and any other similar supplied fixtures,
and the installation thereof, together with all connections to
water, or sewer lines.
"Premises" means a plated lot or part thereof or unplated lot
or parcel of land or plot of land, either occupied or unoccupied
by any dwelling or nondwelling structure and includes, any such
building accessory structure or other structure thereon.
"Privacy" means the existence of conditions which will permit
an individual or individuals to carry out an activity commenced
without interruption or interference, either by sight or sound
by unwanted individuals.
"Properly connected" means connected in accordance with all
applicable codes and ordinances of this city as from time to
time enforced; provided, however, that the application of this
definition shall not require the alteration or replacement of
any connection in good working order and not constitute a hazard
to life or health.
"Rodent harborage" means any conditions or place where
rodents can live, nest or seek shelter.
"Rodent proofing" means a form of construction that will
prevent the ingress or egress of rodents to or from a given
space or building, or from gaining access to food, water, or
harborage. It consists of the closing and keeping closed of
every opening in foundations, basements, cellars, exterior and
interior walls, ground or first floors, roofs, sidewalk
gratings, sidewalk openings, and other places that may be
reached and entered by rodents, by the use of materials
impervious to rodent gnawing and other methods as set forth in
the United States Public Health Service Publication: "Control of
Domestic Rats and Mice," Pratt, Bjornson and Letting, July,
1977, HEW Publication #(CDC)77-8 141; and "Rat- Borne Disease
Control Through Rat Stoppage," Scott and Borom, USPHS Reprint
1976.
"Refuse" means all putrescible and nonputrescible solids
including garbage, rubbish, ashes and dead animals.
"Rubbish" means nonputrescible solid wastes (excluding ashes)
consisting of but not limited to either:
- Combustible wastes such as paper, cardboard, plastic
containers, yard clippings, and wool; or
- Noncombustible wastes such as tin cans, glass and
crockery.
"Safety" means the condition of being reasonably free from
danger and hazards which may cause accidents or disease.
"Sanitary" means the promotion of hygiene which creates an
environment which facilitates the prevention of diseases.
"Supplied" means paid for, furnished by, provided by, or
under the control of the owner, operator or agent.
Undefined Words. Words not specifically defined in this
chapter and are defined in the building code, shall have the
same meaning ascribed to them in the building code and further
other words shall have the common definition set forth in a
standard dictionary.
"Variance" means a departure from the strict compliance with
this chapter upon a showing a hardship.
20.04 COMPLIANCE RESPONSIBILITY.
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Compliance is responsibility of owners and operators.
20.04.1 Owners. Each owner of land,
buildings and structures (collectively, "premises") shall have
an independent responsibility for compliance. All owners shall
be jointly and severally responsible for performance of the
duties and obligations prescribed in this chapter. No owner
shall be relieved from any such duty or obligation because
another person is also responsible for performance of such duty
or obligation. No owner shall be relieved from liability under
this chapter because said person has contracted said
responsibility to an operator or other person.
20.04.2 Operators. Operator(s) of
land, buildings and structures (collectively, "premises") in the
City shall also have responsibility for compliance. Operator(s)
shall be jointly and severally responsible with owner(s) for
performance of the duties and obligations prescribed in this
chapter.
20.05 GENERAL REQUIREMENTS RELATING TO THE
SAFE AND SANITARY MAINTENANCE OF PROPERTY.
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20.05.1 Residential Property.
No person shall occupy as owner/occupant or shall let or held
out to another for occupancy, any dwelling of family unit, for
the purpose of living therein, or own or be in control of any
vacant dwelling or dwelling unit which is not safe, clean,
sanitary, and fit for human occupancy, and which does not comply
with the particular requirements of the following subsections.
A. Maintenance of Buildings, Structures, and Grounds
Every owner, or occupant if the occupant has assumed
responsibility under the terms of a written lease, shall
either personally or by agent, improve and maintain all
property under his or her control to comply with the following
requirements:
1. Every premise shall be maintained in a clean, sanitary
and safe condition and complies with all applicable legal
requirements of the city.
2. Every foundation, roof, floor, exterior and interior
wall, ceiling, inside and outside stair, every porch and
every appurtenance thereto, shall be safe to use and capable
of supporting the loads that normal use may cause to be
placed thereon; and shall be maintained in sound condition
and good repair.
3. All exterior surfaces of buildings and fences made of
materials not inherently resistant to deterioration shall be
periodically coated with paint or another suitable
preservation which provides adequate resistance to
weathering.
4. If gutters, leaders and downspouts are provided, they
shall be maintained in good working condition as to provide
proper drainage of storm water. This shall include being
substantially free from rust and/or corrosion.
5. a. Every window, exterior door and hatchway or similar
device shall be so constructed to exclude insects during
that portion of the year when there is a need for protection
against mosquitoes, flies and other flying insects.
b. Every doorway used for ventilation and opening
directly from a dwelling unit to outside space shall have
supplied properly fitting screens.
c. Every window or other device with openings to outdoor
space, used for ventilation, shall be supplied with screens.
6. Accessory structures present or provided by the owner,
agent or tenant occupant on the premises of a dwelling shall
be structurally sound, and be maintained in good repair.
7. All vacant lots shall be maintained by the owner in a
clean, sanitary and safe condition. No debris shall be
allowed to accumulate on such vacant lot and it shall be
maintained in rodent-free condition.
B. Minimum Standards for Basic Facilities
No person shall occupy as owner-occupant, or let to another
for occupancy, any dwelling unit for the purpose of living,
sleeping, cooking, or eating therein which does not comply
with the following requirements:
1. Sanitary Facilities. The following minimum sanitary
facilities shall be supplied and maintained in sanitary,
safe working condition.
a. Water Closet. Every dwelling unit shall contain
within its walls a room, separate from the habitable
rooms, which affords privacy and which is equipped with a
water closet.
b. Lavatory. Every dwelling unit shall contain a
lavatory which, when a closet is required, shall be
reasonably proximate to said water closet.
c. Bathtub or Shower. Every dwelling unit shall contain
a room which affords privacy to a person in said room and
which is equipped with a bathtub or shower.
d. Kitchen Sink. Every dwelling unit shall contain a
kitchen sink apart from the lavatory required under
Section 20.16(1)(a)2.
2. Water and Sewer System. Every kitchen sink, lavatory,
bathtub or shower and water closet required under the
provisions of Section 20.16 (1)(a) shall be properly
connected to the public water and sewer system in accordance
with the City of Elkhorn Plumbing Code. All sinks,
lavatories, bathtubs and showers shall be supplied with hot
and cold running water.
3. Water Heating Facilities. Every dwelling unit shall be
supplied with water heating facilities which are installed
in an approved manner, properly maintained, and properly
connected with hot water lines to the fixtures required to
be supplied with hot water under Section 20.16(1)(b). Water
heating facilities shall be capable of heating water to such
a temperature as to permit an adequate amount of water to be
drawn at every required kitchen sink, lavatory basin,
bathtub, shower and laundry facility or other similar units,
at a temperature of not less than 110 degrees Fahrenheit at
any time needed.
C. Minimum Thermal Standards
Every dwelling and multi-family dwelling shall have heating
facilities that are properly installed, safely maintained and
in good working condition, and that they are capable of safely
and adequately heating all habitable rooms, bathrooms and
toilet rooms located therein, to a temperature of at least an
average of 70 degrees Fahrenheit with an outside temperature
of 10 degrees below zero. The occupant of a dwelling shall be
able to control the heat of that dwelling unit.
D. Minimum Standards for Light and Ventilation
No person shall occupy as owner, occupant or let to another
for occupancy any dwelling unit, for the purpose of living
therein, which does not comply with the requirements of this
section:
1. Every habitable room shall conform with city codes as
to light standards according to building codes at the time
of construction.
2. Every habitable room shall conform to city codes as to
ventilation standards according to building codes at the
time of construction.
3. Every dwelling or dwelling unit shall contain safe
electrical wiring and fixtures.
4. Every public hall and stairway in every multiple
dwelling shall be adequately lighted by material or
artificial light at all times in accordance with building
code.
E. Maximum Density
A dwelling unit shall not be occupied by more than one
family. Family shall mean an individual or two or more
persons, each related by blood, marriage, adoption or legal
guardianship. For purposes of this code a group of not more
than four persons not necessarily related by blood or
marriage. Living together in a single living unit will be
considered equivalent to a single family.
F. Occupancy of Dwelling Units Below Grade
No dwelling unit partially below grade shall be used for
living purposes unless:
1. Floors and walls are watertight.
2. Total window area, total openable area and ceiling
height are in accordance with this Code.
3. Required minimum window area of every habitable room
is entirely above the grade of the ground adjoining such
window area.
4. A secondary fire exit window that will be in
accordance with the building code.
20.05.2 Commercial/Industrial Property.
A. Maintenance of Buildings, Structures, and Grounds
Every owner or occupant, if the occupant has assumed
responsibility under the terms of a written lease, shall
either personally or by agent, improve and maintain all
property under his or her control to comply with the following
requirements:
1. Every premise shall be maintained in a clean, sanitary
and safe condition and complies with all applicable legal
requirements of the city.
2. Every foundation, roof, floor, exterior and interior
wall, ceiling, inside and outside stair, and every
appurtenance thereto, shall be safe to use and capable of
supporting the loads that normal use may cause to be placed
thereon; and shall be maintained in sound condition and good
repair.
3. All exterior surfaces of buildings and fences made of
materials not inherently resistant to deterioration shall be
periodically coated with paint or another suitable
preservation which provides adequate resistance to
weathering.
4. If gutters, leaders and downspouts are provided, they
shall be maintained in good working condition as to provide
proper drainage of storm water. This shall include being
substantially free from rust and/or corrosion.
5. All vacant lots shall be maintained by the owner in a
clean, sanitary and safe condition. No debris shall be
allowed to accumulate on such vacant lot and it shall be
maintained in rodent-free condition.
B. Minimum Standards for Basic Facilities
All required equipment and all building space and parts in
every building or structure shall be constructed and
maintained so as to properly and safely perform their intended
function in accordance with the provisions of the building
code.
C. Minimum Thermal Standards
The owner of any building or structure shall provide
heating equipment and apparatus if required which are properly
installed in accordance with the building code and maintained
in a safe and good working condition.
20.06 RESPONSIBILITIES OF OWNERS AND
OCCUPANTS.
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20.06.1 Residential Dwellings. Every owner, or occupant if
the occupant has assumed responsibility under the terms of a
written lease, shall either personally or by agent, improve and
maintain all property under his or her control to comply with
the following requirements:
A. Except where the occupant has
agreed to do such service, the owner shall hang and maintain
all screens, screen doors, storm windows and storm doors
required by this chapter;
B. Every owner or occupant of a dwelling or dwelling unit
shall provide and maintain the dwelling or dwelling unit free
from hazards to health;
C. Every occupant of a dwelling or
dwelling unit shall store and dispose of all his or her
rubbish, garbage, and refuse in full compliance with the
city's solid waste management/refuse collection ordinance;
D. Every owner of a dwelling
containing three or more dwelling units shall supply
facilities or refuse containers for the sanitary and safe
storage and/or disposal of rubbish and garbage. In the case of
single or two family dwellings, it shall be the responsibility
of each occupant to furnish such facilities or refuse
containers;
E. 1. Every dwelling, multiple dwelling, or accessory
structure and the premises on which located shall be
maintained in a rodent-free and rodent-proof environment,
2. Materials stored outside the dwelling shall be stacked
in an orderly fashion,
3. Any materials acceptable to the county health department
may be used for rodent-proofing;
F. No owner of a dwelling
containing three or more dwelling units shall accumulate or
permit the accumulation of rubbish, boxes, lumber, scrap
metal, or any other materials in such a manner that may
provide a rodent harborage in or about the shared or public
areas of a dwelling or its premises;
G. When the occupant's unit is the
only one substantially infested with insects and rodents, he
or she shall be responsible for their extermination. Where
such infestation is caused by the owner's failure to maintain
the building in a rodent-free or reasonably insect-free
condition it shall be his or her responsibility;
H. Where rodent or insect
infestation exists in two or more units in a building or in
the shared or public parts of any premises containing two or
more units, or in one unit where caused by the owners' failure
to maintain the premise in a rodent-free or reasonable
insect-free condition, the owner shall be responsible for
their extermination.
20.06.2 Commercial/Industrial Property. Every owner or
occupant, if the occupant has assumed responsibility under the
terms of a written lease, shall either personally or by agent,
improve and maintain all property under his or her control to
comply with the following requirements:
A. Every occupant of a building or
structure shall store and dispose of all his or her rubbish,
garbage, and refuse in full compliance with the city's solid
waste management chapter.
B. Every building, or structure and
the premises on which located shall be maintained in a
rodent-free and rodent-proof environment.
- 1Materials stored outside the building or structure
shall be in an orderly fashion.
- 2Any materials acceptable to the county health
department may be used for rat-proofing.
20.07 ENFORCEMENT.
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20.07.1 Enforcement Authority. It shall be the duty and
responsibility of the Building Inspector to enforce the
provisions of this Code as herein provided.
20.07.2 Inspection. The building inspector is authorized to
cause such exterior inspections as are deemed necessary without
giving notice to the property owner provided that the inspection
can be conducted from a location not on the owner's property or;
the building inspector has probable cause to initiate an
inspection due to potential property maintenance code violations
that could endanger the public health, safety and/or welfare. If
it becomes necessary to perform an inspection which requires the
building inspector to go on the owner's property, the building
inspector shall provide a minimum of five calendar days notice
to the owner or agent prior to conducting the inspection. Such
notice shall be sent in writing to the owner and shall state the
alleged violations. The five calendar day notice requirement
shall not apply when the building inspector has probable cause
to believe that a violation exists which if not corrected
immediately could be life threatening and/or result in serious
sickness or injury.
20.07.3 Notice of Violation.
A. Whenever the building inspector determines that any
building, structure, dwelling or dwelling unit or the premises
surrounding them, fails to meet the requirements set forth in
this chapter or in applicable rules and regulations issued
pursuant thereto, the building inspector in accordance with
existing legislation shall issue a notice setting forth the
alleged failures, and advising the owner, occupant, operator,
or agent that such failures must be corrected. This notice
shall:
1. Be in writing;
2. Set forth the alleged violations of this chapter or of
applicable rules and regulations issued pursuant thereto;
3. Describe the building or structure where the
violations are alleged to exist or to have been committed;
4. Specify a specific date for the correction of the
violation. The date of correction shall be at the discretion
of the building inspector based on the circumstances of each
violation; however, in nonlife threatening situations a
minimum of thirty (30) days shall be allowed to correct the
violation. No violation shall be permitted to exist beyond a
maximum of one hundred twenty (120) days without the
approval of the property maintenance board of appeals as
provided in Section 15.36.110 of the property maintenance
code;
5. Be served upon the owner, occupant, operator, or agent
of the building or structure, personally, or by registered
mail, return receipt requested, addressed to the owner,
occupant, operator or agent. If one or more persons to whom
such notice is addressed cannot be found after diligent
effort to do so, service may be made upon such persons by
posting the notice in or about the building or structure
unit, described in the notice, or by causing such notice to
be published in a newspaper of general circulation.
B. At the end of the period of time allowed for the
correction of any violation alleged, the building inspector
shall reinspect the building or structure described in the
notice.
C. If upon reinspection the
violations are determined by the building inspector not to
have been corrected, the building inspector shall initiate
legal proceedings for the immediate correction of the alleged
violations.
20.07.4 Non-Compliance; Remedy of Defects; Abatement.
A. The owner, operator or occupant
of the premises shall have the time specified in the notice of
violation to remedy the violations.
B. The enforcement officer shall,
in his or her discretion, have the ability to extend the time
for corrections if the circumstances warrant an extension and
the owner, operator or occupant is making a good faith effort
to correct the violations.
C. If the owner, operator or
occupant of the premises, after notice of violation and order,
fails or refuses to timely remedy the violations, the City, at
it's sole option, may cause such work to be done. Prior to
commencing such work, the Enforcement Officer shall do the
following:
1. Provide notice to the owner and occupant that the
city will abate the violations along with an estimate of the
approximate dates and times during which abatement will
occur; and
2. Have the city clerk certify the approximate cost for
any such work done, including reasonable costs for
administration and inspections fees (collectively, "costs of
abatement"), and provide notice of same to the owner, with a
copy to the occupant.
D. Following such notice, the
owner, operator and/or occupant shall give the persons
designated by the city full access to the land and the
exterior of the buildings and structures to abate the
violations. Failure of an owner, operator or occupant to
permit such access shall constitute a violation of this
chapter, and may also result in the city obtaining an
injunction from Walworth County Circuit Court. Reasonable
costs of obtaining the injunction shall be added as
administration to the costs of abatement and notice of the
additional costs shall be provided to the owner.
E. If the owner fails to pay the
costs of abatement within 30 days of the notice from the city
clerk, interest shall accrue against the balance due at the
rate of one percent per month and the total balance due shall
become a lien against real estate on the next tax roll in
accordance with law.
20.07.5 Designation of Unfit Structure; Demolition.
A. Residential Dwelling
1. Whenever, in the judgment of the building inspector,
an emergency exists which requires immediate action to
protect the public health, safety, or welfare, an order may
be issued, without a hearing or appeal, directing the owner,
occupant, operator, or agent to take such action as is
appropriate to correct or abate the emergency. If
circumstances warrant, the building inspector may act to
correct or abate the emergency.
2. The owner, occupant, operator, or agent shall be
granted a hearing before the property maintenance board of
appeals on the matter upon his or her request, as soon as
possible, but such appeal shall in no case stay the
abatement or correction of such emergency.
B. Commercial/Industrial
1. Any building or structure unit shall be designated as
unfit for occupancy when the following two conditions exist
at the same time:
a. When in the judgement of the
building inspector such defects create an immediate hazard
to the health, safety or welfare of the occupants or of
the public; and
b. When any of the following
defects or conditions are found:
i. Is damaged, decayed,
dilapidated, unsanitary, unsafe, and/or vermin-infested
and/or contains uncontrolled hazardous levels of toxic
materials,
ii. Lacks illumination,
ventilation and/or required sanitation facilities,
iii. The general condition of
the location is unsanitary, unsafe and/or unhealthful.
2. Whenever any building or structure has been designated
as unfit for occupancy, the building inspector shall placard
the building or structure unit indicating it is unfit for
occupancy, and, if occupied, shall order such building or
structure vacated within a reasonable time, such time not to
exceed three days.
3. No building or structure which has been designated as
unfit for occupancy, has been placarded as such and vacated
shall be used again for occupancy until written approval is
secured from the building inspector and the placard removed
by the building inspector.
4. The building inspector shall rescind the designation
as unfit for occupancy and remove the placard when the
defect or condition upon which such designation and
placarding was based has been removed or eliminated and the
building or structure is deemed by the building inspector as
a safe, sanitary, and fit place for human occupancy.
5. No person shall deface or remove the placard from any
building or structure, which has been designated as unfit
for occupancy, has been placarded as such, except as
provided in Section 15.40.080(A)(3).
6. Any person affected by any decision of the building
inspector or by any designation or placarding of a building
or structure unit as unfit for occupancy shall be granted a
hearing on the matter before the Public Safety Committee
under the procedure set forth in Section 20.07.6 of the
property maintenance code.
C. Demolition. Demolition of building and structure units
designated as unfit for occupancy shall be in accordance with
Wisconsin State Statutes 66.05.
20.07.6 Appeals.
A. Any person aggrieved by a notice
of the building inspector issued in connection with any
alleged violation of this chapter or of any applicable rule or
regulation issued pursuant thereto, or by any order requiring
repair or demolition, may apply to the Public Safety Committee
for a reconsideration of such notice or an appeal of any
order, provided such application is made within ten (10) days
after the date the notice or order was issued.
B. The Public Safety Committee, upon
receipt of an appeal shall set a time and place for the
hearing within ten (10) days of the receipt of such
application, and shall advise the applicant in writing of such
time and place, at least five days prior to the date of the
hearing.
C. At such a hearing, the applicant shall be given an
opportunity to be heard and to show cause why such notice or
order should be modified, extended, withdrawn, or relief
granted.
D. The Public Safety Committee, by
a majority vote, may sustain, modify or withdraw the notice or
order. In granting an extension or relief of any notice order,
the Committee shall observe the following conditions:
1. The Public Safety Committee may grant an extension of
time of the compliance of any order or notice for not more
than twelve (12) months or it may grant relief a specific
provision of this chapter subject to appropriate conditions
and provided the Committee makes specific findings of fact
based on evidence related to the following:
a. That there are practical difficulties or unnecessary
hardships in carrying out the strict letter of any notice
or order. The hardship or difficulty must be peculiar to
the property in questions and different from that of other
properties and not one which affects similar properties.
b. That such relief is in harmony with the general
purpose and intent of this chapter in securing the public
health, safety and general welfare.
20.08 PENALTIES.
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A. A violation of any section or
subsection of this chapter shall be punishable by a fine or
forfeiture no less than $20 and no greater than $200 for each
violation committed hereunder, plus reasonable costs of
inspection and prosecution.
B. Each day a violation exists after the
notice of violation has been received and which becomes an order
of the enforcement officer shall constitute a separate violation
of this chapter.
C. Penalties set forth in this section shall be in addition
to all other remedies of injunction, abatement or costs whether
existing under this chapter or otherwise.
20.09 IMPOSITION OF SPECIAL CHARGES.
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Any charges incurred by the City of Elkhorn which may be
recovered under § 66.0627, Wis. Stats., special charges for
current services, including weed elimination, repair of sidewalks,
curb and gutter, garbage and refuse disposal, stormwater
management, tree care, and removal and disposal of dead animals
may be charged to the owner of the property as a special charge
for current services under the provisions of § 66.0627, Wis.
Stats.
20.10 TRANSFER OF OWNERSHIP OF NON-COMPLIANCE
BUILDINGS.
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It shall be unlawful for the owner of any building, structure
or premises who has received a compliance order or upon whom a
notice of violation has been served to sell, transfer, mortgage,
lease or otherwise dispose of to another until the provisions of
the compliance order or notice of violation have been complied
with, or until such owner shall first furnish to the Enforcement
Officer a signed and notarized statement from the grantee,
transferee, mortgagee, or lessee, acknowledging the receipt of
such compliance order or notice of violation and fully accepting
the responsibility without condition for making corrections or
repairs required by such compliance order or notice of violation.
To assure compliance with this provision, the city may file a lis
pendens against the real estate.
20.11 EMERGENCIES.
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A. Whenever, in the judgment of the
building inspector, an emergency exists which requires immediate
action to protect the public health, safety, or welfare, an
order may be issued, without a hearing or appeal, directing the
owner, occupant, operator, or agent to take such action as is
appropriate to correct or abate the emergency. If circumstances
warrant, the building inspector may act to correct or abate the
emergency.
B. The owner, occupant, operator, or
agent shall be granted a hearing before the property maintenance
board of appeals on the matter upon his or her request, as soon
as possible, but such appeal shall in no case stay the abatement
or correction of such emergency.
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