ORD1967062ORDINANCE # 62
(As Amended)
AN ORDINANCE CREATING A
MINIMUM HOUS'ING CODE FOR THE CITY
OR MUSKEGO, WAUKESHA COUNTY, NIS.
The Common Council of the C:ity of Muskego do ordain as follows:
hereby created as follows:
Section 1. Chapters I through 14 of the Minimum Housing Code are
Chapter
1.
2.
3. 4. 5. 6. 7. 8.
9. lo. e 11.
12.
13.
MINIMIJM HOUSING CODE
Title and purpose
Definitions
Enforcement; Service of notices and orders; Hearings Inspections of premises
Minimum standards for light, ventilation and heating
Standards for equipment and facilities
Requirements for safe and sanitary maintenance
Conditions of occupancy of dwellings and dwelling units
Responsibilities of owners and occupants Rooming houses
Dwellings and dwelling units which may be occupied
Failure to comply with order
Constitutionality clause
Penalties
Chapter 1. Title and Purpose
Title. Chapters I through 14 shall be known and cited as the
Minimum Housing Code of the City of Muskego.
Purpose. The purpose of this ordinance is to prevent the
deterioration of residential units and neighborhoods. This Code recognizes
that such deterioration could develop because of: Faulty design and/or
construction; poor maintenance; lack of proper sanitary facilities;
combination of these factors. inadequate lighting and ventilation; inadequate heating facilities; or, a
Such buildings could 'iecorne so dilapidated and neglected, that
they jeopardize or are detrimen-tal to the health, safety, morals, general welfare, or the economic values of adjoining properties.
The adoption and subsquent enforcement of this ordinance is @ therefore declared to be essential to the public interest. It shall be
and is intended to ensure the maintenance of property values within the
liberally construed to maintain a pleasant, safe, and healthful environment,
City of Muskego.
Chapter 2. Definitions.
.. The following definitions shall apply in the interpretation and
enforcement of this Code:
e with regulations established by City Ordinance, or Code, and authority
Approved. "Approved'' shall mean approved by or in accordance
designated by law to enforce such ordinance, or code.
Basement. ttBasementtt shall mean that portion of a dwelling, not
deemed as first story. located Dartlv undermound but havine: less than 1/2 of its clear floor-tblceiling height-below average finished-grade of the'
adjoining ground.
Bath. tlBathtt shall mean a bathtub or shower stall properly connected with both hot and c01.j water lines.
dwelling unlt wnlcn is used, or intended to be used, primarily for bathing
and/or toilet purposes, and which contains a toilet, lavatory, and, in some cases bathtub or shower facilities.
Bathroom. "Bathroom" shall mean a non-habitable mom within a
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Bedroom, flBedroomfl :;hall mean a habitable room within a dwelling
which is used, or intended to be used, primarily for the purpose of
ping but shall not include any kitchen or dining room.
Board. flBoardff shall! mean Board of Appeals as hereinafter
Cellar. "Cellar" shall mean that portion of a dwelling, not
ted.
ed as "first story" located all or partly underground but having more- 1/2 of its clear floor-to ceiling height below average grade of the
ining ground.
City. Vityff shall mean the City of Muskego, Wisconsin.
e used or shared by the occupants of two or more rooming units or two
Communal. tTommunallf shall mean used or shared by, or intended
ore dwelling units.
Dwelling. "Dwellingft shall mean any building which is wholly or ly used or intended to be used for living, sleeping, cooking or eating, man occupants, and includes any accessory structure attached thereto.
s located within a dwelling and forming a single habitable unit with
lities which are used or intended to be used for living, sleeping,
ing or eating by one family.
Dwelling Unit. flhel.ling Unit" shall mean any room or group of
ination of insects, rodents, or other pests by elimination of their
orage places, by removing or making inaccessible material that may
e as their food; by poisoning,spraying, trapping, or by any other gnized and legal elimination methods approved by the Health Department
he County of Waukesha.
Extermination. ffExtt?rminationfl shall mean the control and
lting from the preparation, handling, cooking and consumption of food.
GarbaEe. tfGarbagelf shall mean the animal and vegetable waste
Habitable Room. "Habitable Room" shall mean a room or enclosed
r space used or intended to be used for living, sleeping, cooking or
ng purposes excluding bathrooms, laundries, pantries, foyer, unicating corridors, closet,s and storage spaces.
Hotel. tlHotelff shall. mean any dwelling wherein sleeping
modations are offered for pay to transients, in 5 or more rooms. It
not include rooming house:;.
Infestation. ffInfest.ationff shall mean the presence of any insects,
nts, or other pests within a dwelling or on the dwelling premises.
Kitchen. ffKitchentf shall mean a habitable room used, or intended
2 used for cooking or the preparation of meals.
Multiple Dwelling. Vlultiple Dwelling" shall mean any dwelling
3ining more than two dwelli.ng units.
Occupant. "Occupantf" shall mean any person living, sleeping or
ng, or having actual possession of a dwelling unit or rooming unit.
mtrol of a building or part thereof, in which dwelling units or rooming s are let.
Operator. r70perator'' shall mean any person who has charge, care,
rally with others shall be the legally recorded holder of the title with
Owner. t90wner" shall. mean any person who alone or jointly or
ithout actual possession thereof, or who has charge, care or control of
iwelling or dwelling unit i.s agent or owner, or as executor,
nistrator, trustee, or guardian of the estate of themner. The term
3r" under this ordinance st:all also include the legally recorded holder
land contract vendee interest.
Person. fTPersonfl shall mean and include any individual, firm,
ration, partnership or association.
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Plumbing. 17Plumbingrt shall mean and include all of the following
pipes, waste pipes, toilets, sinks, lavatories, bathtubs, shower baths,
supplied facilities and equipmant: Gas pipes, gas burning equipment, water
other similar supplied fixtures, together with all connections to water,
installed clothes washing mach.ines, catch basi ns,.,drains, vents, and any
sewer, or gas lines.
Premises. tlPremises"t shall mean any lot,plot, or parcel of land
including the building or structures thereon be they occupied or unoccupied.
Rooming Units. "Rooming Unit" shall mean any room or group of
rooms forming a single habitable unit used or intended to be used for
living and sleeping, but not for cooking or eating purposes.
Rooming House. "Rooming Housett 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.
and the term shall include lawn rakings, tin cans, glass, metal, crockery,
Rubbish. t7Rubbisht1 shall mean household wastes, except garbage;
and similar household wastes; also papers, rags and other combustible refuse.
Supplied. ltSuppliedtt shall mean paid for, furnished or provided
by or under the control of the owner or operator.
trailer. or other structure used for human shelter which is desienated to
Temporary Housing. "Temporary Housing1' shall mean any tent,
be trankportable and which is not attached to the ground, to anorher
structure or to any utilities systems on the same premises for more than 0 thirty (36) consecutive days.
"dwelling unit". "rooming house", "rooming unit" or 71prernisestf are used in
Meaning of Certain Works. - Whenever the words "dwelling",
this ordinance, 'they shail be construed as though they were followed by
the words or any part thereof:'.
Chapter 3. Inspections of Premises.
inspections to determine the conditions of dwellings, dwelling units,
rooming units and premises located within the City of Muskego.
The Building Inspector is hereby authorized and directed to make
The owner,operator, or occupant of every dwelling, dwelling
unit, or rooming unit shall upon the request of the Building Inspector and
upon the showing of proper credentials permit access to all parts of
such building on their premises, at all reasonable times for the purpose
of the inspection:, examination and survey hereby authorized.
Every occupant of a dwelling or dwelling unit shall give the
dwelling unit, or its premises at all reasonable times for the purpose
owner, operator or employee thereof access to any part of such dwelling,
of making such repairs as are necessary to effect compliance with the
provisions of this section.
Chapter 4. Enforcement; Service of Notices and Orders; hearings.
Service of Notices. Whenever the Building 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 ordinance,
he shall give written notice of such violation or alleged violation to the
owner of record of the property- or his agent. Such notice shall:
a. Include a description of the real estate sufficient for
identific'ation.
b. Include a statement of the alleged violation or violations.
c. Include an order for remedial action which, if taken, will
effect compliance with the provisions of this ordinance and
with rules and regulations adopted pursuant thereto.
d. Allow reasonable ttme, of up to 6 months, for the performance
of any act it requires.
e. Be served upon the owner, or his agent; provided, however,
that such notice shall be deemed to be properly served upon
such owner, if a copy thereof is delivered to him personally,
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or if not found, by leaving a copy thereof at his usual place
age and discretion, who shall be informed of the contents
of abode in the presence of someone of the family of suitable
with return receipt required, to his last known address, or,
thereof, or by sending a copy thereof by registered mail,
receipt showing it has not been delivered to him, by posting if the registered letter with the copy is returned with a
a copy thereof in a conspicuous place in or about the dwelling affecte.3 by the notice.
Creation of Board of Appeals. The board of appeals shall
consist of five members appointed by the mayor subject to confirmation
of the common council for terms of three years, except that of those
two for three years. The members of the board shall serve at such
first appointed one shall serv's for one year, two for two years and
compensation to be fixed by ordinance, and shall be removable by the
mayor for cause upon written charges and after public hearing. The
mayor shall designate one of the members chairman. The board may
employ a secretary and other employes. Vacancies shall be filled
for the unexpired terms of members whose terms become vacant. The
mayor may appoint, for a term [of three years, an alternate member of
such board, in addition to the five members above provided for, who
shall act, with full power, on:Ly when a member of the board refuses
to vote because of interest or when a member is absent. The above
provision, with regard to removal and the filling of vacancies, shall
apply to such alternate.
e Petition for Hearing; Opportunity to be Heard; Order if No
Petition. Any person affected by any notice which has been
issued in connection with the enforcement of any provision of this
ordinance, may request and shall be granted a hearing on the matter before
the Board of Appeals; provided,, that the person requesting the hearing
shall file a written petition requesting such hearing, specifying the ground
thereof with the Board and with the Building Inspector. Such petition
requirement decision or determination by the Building Inspector but not
shall be filed prior to expiration of the time stated on the order,
after 30 days. The petition for hearing shall be filed with the Board in
duplicate and shall set forth name, address, and a brief statement of
grounds for such hearing together with a fee of $15.00.
The Building Inspector shall forthwith, upon the filing of such
petitions transmit to the Board all of the papers constituting the
record upon which the petition for hearing was taken.
The Board shall fix a reasonable time for hearing of the petition,
which shall be not less than 10 days, nor more than 30 days, after the
date on which the petition was filed; provided, that upon written
application of the petitioner t,o the 9oard, it may postpone the date of the
hearing for a reasonable time beyond such 30 days period if in its
postponement, The Board shall give 10 days written notice of the time and
place of hearing to the petitioner and to the Building Inspector.
judgment the petition has set forth a good and sufficient reason for such
be heard and to show cause why such-notice should be modified or withdrawn.
The failure of the petitioner orGdrepresentative to appear at this
hearing shall be grounds for dismissal of the petition, and shall
terminate right of further appeal.
At such hearing the petitioner shall be given an opportunity to
automatically become an order if a written petition for a hearing is not filed in the office of the Board prior to expiration of the time stated on
the notice and not to exceed 30 days. Any occupancy permit which has been
suspended by a notice shall be deemed automatically revoked if a petition
the time stated on the notice, and not to exceed 30 days. The Board shall
for hearing is not filed in the office of the Board prior to expiration of
have the power to administer oaths and affirmations in connection with the
conduct of any hearing held in accordance with the provisions of this
ordinance.
Any notice served pursuant to this Chapter of this ordinance shall
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modify or withdraw the order depending upon its findings as to whether
the provisions of this Chapter have been complied with. The Board may also
modify any order so as to authorize a variance from the provisions of this
Chapter when because of special conditions a literal enforcement of the
Decision of Board. After such hearing the Board shall sustain
pro;ision.s. of this Chapter wil:L result in unnecessary hardship; provided,
0 secured and substantial justice done. If the 3oard sustains or modifies
that the spirit of this Chapte:r will be observed public health and welfare
such order the owner operator #of occupant, as the case may require,
shall comply with all provisio:!ls of such order, within a resonable period
of time as determined by said :3oard. After a hearing in the case of any
notice or order has been sustained by the Board, the Board shall order the
permit revoked.
notice or order suspending any permit required by this Ordinance when such
including the findings and decision of the Board shall be summarized,
Review by Circuit Court. The proceedings at such hearing,
reduced to writing and entered as a matter of public record in the office
of the Board. 'Such record shall also include a copy of every notice or
order issued in connection wit.h the matter. A copy of the written decision of the Board shall then be served in the manner prescribed under Chapter 5
of this Ordinance on the person who filed the petition for hearing. Any
person or persons jointly or severally aggrieved by the decision of the
municipality may seek relief therefrom by having the decision reviewed
Board or any taxpayer or any officer, department, board or bureau of the
by the Circuit Court by certiorari, if the petition for the writ is
presented to the Court within 15 days after the date on which the said
Board's decision was served on the person who filed the petition for
hearing and if the person aggrieved notifies said Boards within 7 days
after the said Board's decision was served on him of his intention to
present such petition to the Court. Such petition duly verified shall set
forth that such decision is illegal in whole or in part, or does not comply
with the provisions of Chapter 5 specifying the grounds thereof.
Emergency Orders. If the Building Inspector shall determine
that a buildin&! is in such condition that it constitutes a public .~~~ .
nuisance and tcat there is great and immediate danger to the public
health,safety and welfare, or that a building or part thereof is
unsanitary and unfit for human habitation, occupancy or use, he shall post
a notice on the premises containing the following words:
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"THIS BUILDING CANNOT BE USED FOR HUMAN HABITATION,
OCCUPANCY OR USE.
and he shall immediately prohibit the use of the building for human
habitation occupancy or use, until the necessary repairs have been made.
The procedure thereafter followed shall be pursuant to this Chapter of
this Ordinance.
Chapter 5. Standards for Equipment and Facilities.
All habitable buildings shall comply with the following require-
ments for basic equipment and facilities.
a. Sinks. Every dwelling unit shall contain a kitchen sink
which shall be located in the room in which food is cooked or prepared.
b. Toilets and.Sinks, Every dwelling unit except as otherwise
permitted under this Chapter shall contain a bath, flush toilet and a sink
irrespective of the sink required as a kitchen facility. 0 c. Privacy. The room wherein the toilet, lavatory and bathtub
or shower required under this Chapter 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 an.d lavatory basin but shall still afford
-r :! privacy to a person within.
d. Multiple Use. Under no circumstances may occupants of two or
more dwelling unltsaare a toilet or lavatory with the exception of rooming
houses as defined in Chapter 2. e e. Water Supply. Every kitchen sink, lavatory basin, bathtub
and shower requlred ~y tnis Ordinance, shall be properly connected with
both hot and cold water lines supplying water of safe,snitary quality.
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f. Water HeatinE Fa.cilities. Every dwelling shall have
supplied automatic ormnually operated water heating facilities which
are properly installed,are mai.ntained in safe and good working condition
and are properly connected with hot water lines required under this
Chapter; are capable of heatir.g water to a temperature of at least 120°F.
as to permit an adequate amourt of hot water to be drawn at every re-
quired sink, lavatory basin, t'athtub or shower even when the dwelling
heatingfacllities required by this Ordinance are not in operation. e g. Garbage and Refuse Receptacles. Every dwelling shall have
adequate receptacles or disposal equipment for garbage and for rubbish to
hold all garbage and rubbish produced by each dwelling unit. Such
receptacles shall comply with requirements and standards set by the
Board qf Public Works.
reasonably good state of repair. Required exits shall, in addition,
comply with all provisions of the appropriate codes of the State of
Wisconsin.
h. Exits. Each exi.t from a dwelling unit shall be kept in a
one firmly constructed handrail at not less than 2 feet 6 inches vertically
above the nbse of the tread. All stairways shall, in addition, comply
with all provisions of the appropriate codes of the State of Wisconsin,
i. Stairways. All stairways in dwellings shall have at least
Chapter 6. Minimum Standards for Light Ventilation and Heating.
All habitable buildings shall comply with the following re-
quirements for light ventilation and heating. e a. Windows. Every habitable room shall have at least one
window or skylight facing directly to the outdoors. The minimum total
window area in every sleeping room shall be 10 percent of the floor area
of such room. No skylight shall be installed in lieu of a window where a
skylight has not previously existed.
window which can easily be opened or such other device as will adequately
ventilate the room. The total openable window area in every habitable
by this section except where there is supplied some other device affording
room shall equal at least 45 percent of the minimum window area required
adequate ventilation and approved by the Building Inspector.
b. Ventilation. Every habitable room shall have at least one
at least one openable window facing the outside, except where there is
supplied some mechanical device approved by the Building Inspector to
provide adequate ventilation.
c. Bathroom. Every bathroom and toilet compartment shall have
shall contain at least two separate wall type electric convenience outlets,
or one such convenience outlet, and one supplied ceiling type or wall type
room, furnace room and public hall shall contain at least one supplied
ceiling or wall type electric fixture. Every such outlet and fixture shall
be properly installed and shall be maintained in good and safe working
condition and sha be connected to the source of electric power in a
safe manner.
d. Electrical Service. Every habital room of each dwelling
0 electric fixture; and every water closet compartment, bathroom, laundry
The Building Inspector shall investigate all electrical deficiencies and make his recommendations thereon, which recommendations
shall be made a part of the order made under the Minimum Housing Code to
the property owner. e e. Public Halls and Stairways. In every building accomodating
two dwelling units using the same halls and stairways, arrangements shall
be made to supply conveniently located light switches, including two-way
light switches at both the top and bottom of all stairways controlling an
adequate lighting system which may be turned on when needed.
f. Insect Protectiok When flies or other pests are prevalent,
all openable windows as required by Chapter shall be effectively screeded , and screen doors shall be self-closing. Screens and screen doors shall /jlJ
be maintained in good condition.
every other opening to a building which might provide an entry for rodents, g. Rodents. Every basement window used for ventilation, and
shall be supplied with asreen or uch other device as will effectively -8-
.. " -. ..
prevent their entrance.
are capable of safely and adequately heating all habitable rooms, bathrooms,
and toilet rooms within its walls to a temperature of at least seventy
Fahrenheit without forcing the heating facilities beyond safe capacity.
(70) degrees Fahrenheit under winter temperatures of minus 20 degrees
h. Heating. Every dwelling shall have heating facilities which
- Chapter 7. Requirements for Safe and Sanitary Maintenance.
All habitable buildings shall comply with the following re-
quirements for maintenance.
a. Floors, Walls, etc. Every floor, wall, ceiling, foundation,
and roof shall be weathertight, watertight, and rodent proof; shall be
capable of affording privacy; and shall be kept in good repair, and in
clean and sanitary condition, Exterior surfaces shall be painted or
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suitably surfaced-;
1. To prevent deterioration of the structure.
2. When the appearance of surfaces is an obvious detriment to
the visual character of the neighborhood, and thus is a devaluating in-
fluence upon it.
b. Stairs and Porches. Every inside and outside stair, every
porch and every appurtenance thereto shall be so constructed as to be
to be placed thereon, and shall be kept in sound condition and good repair,
safe to use and capable of supporting the load that normal use would cause
and in a clean and sanitary condition. Such stairs shall be kept free of
refuse or stored material. Hand rails shall be installed as required in
City and State Building Code:;.
drained and conveved from roof so as not to cause damDness. in any Wall.
c. Rainwater Drainage Prom Roof. All rainwater shall be so
ceiling or floor 6f~ a habital. room, bathroom, or toilet room. All
exterior drain pipes shall be maintained in safe and sanitary condition.
detract from the visual character of the neighborhood.
Such drain pipes, eave troughs, etc., shall be maintained so they do not
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d. Plumbing Fixtures. Every plumbing fixture and water and
waste pipe required under this section shall be installed in accordance -
with the- Plumbing Code.of the City and maintained in good working con-
dition free from defects, leaks and obstructions.
bathrooms shall be constructed and maintained so as to be leakproof. and
e. Toilet and Bathroom Floors. The floors of all toilet and
shall be kept in a clean atld sanitary condition.
supplied smoke pipe shall be adequately supported, reasonably clean, and
maintained in a good state of repair.
f. Chimneys and Supplied Smoke Pipes. Every chimney and every
g. Discontinuance of Service. No owner, occupant or operator,
shall cause any service, facility, equipment or utility which is required
under this section to be removed from or shut off from. or discontinued for
any occupied dwelling let or occupied by him, except for such temporary
interruption as may be necessary while actual repairs or alterations are
in .progress, or during temporary emergency when discontinuance of service
is approved by the enforcing officer.
Let for Occupancy. No owner shall occupy or rent to any other person for
h. Vacant Dwellini; Units to be Clean and Sanitary Before 3ein.q
occupancy, or allow any other person to occupy any dwelling unit unless it
is safe, clean and sanitary and complies with all provisions of this
chapter and all rules and regulations adopted pursuant thereto.
Chapter 8. Condit!.ons of Occupancy of Dwellings and Dwelling
Units .
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: -7 -
houses, shall contain at least 150 square feet of habitable floor space for
the first occupant thereof and at least 100 additional square feet of floor
space for every additional occupant thereof.
a. Floor Space. Every dwelling unit except hotels and rooming
everv room occunied for sleeryine: DurDoses bv one occuoant shall contain at
b. Sleeping Rooms,. In every dwelling unit of two or more rooms,
least 70 square'feet of floor area, and every room occupied for sleeping
purposes by more than one occupant shall contain at least 40 square feet
of floor area for each occupant.
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c. 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 f,or not more than 10 percent
of the required habitable floor area.
every habitable room shall hie a ceiling height of at least 7 feet 6 inches
d. Ceiling Height. At least one-half of the floor area of
and the floor area of that part of any room where the ceiling height is
less than 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.
be used as a habitable room or dwelli@?mit, except as hereinafter
e. Basement and Cellar Space. No basement or cellar space may
provided. In one and two fanily dwellings,.kitchkns and dining rooms may
be located in a basement area having its floor level not more than 3 feet 6 inches below the outside finished grade. A basement space may be used
as a living or sleeping room or dwellingunit, provided its floor level
point and whose ceiling is at4 feet or more above grade at any point.
is not more than 3 feet 6 inches below the outside finished grade at any
Family rooms may be located in basements or cellers provided adequate
ventilation is provided. In a one or two family residence, any basement
family of a resident owner, but only on condition that the floors and walls
or celler space may be used as a sleeping room by members of the immediate
are made impervious to the leakage of underground and surface run-off water, the space is insulated against dampness, and the space to be so
used complies with all the requirements of this code for habitable rooms.
f. Occupants to Have Access to Sanitary Facilities. Every
occupant of every dwelling shall have unrestricted access to a bath and
flush toilet and to a sink or lavatory basin located within that dwelling.
g. Windows. All windows shall be maintained in good repair.
Chapter 9. Responsibilities of Owners and Occupants.
Where in this Code the obligation for observance is not otherwise
clearly designated, the respective responsibility of owner, operator and
occupant is as follows:
dwelling shall be res onsible for maintaining in a safe,, clean and sanitary
a. Sanitary Responsibilities of Owner. Every owner of a
condition all-communaf, shared,. or-public areas of the dwelling and
premises thereof which are shared or used by the occupants of three or
more dwelling units.
dwelling or dwelling unit shall maintain in a clean and sanitary condition
b. Sanitary Responsibilities of Occupants. Every occupant of a
that part of the dwelling uni.t and yard which he occupies and controls.
dwelling unit shall place .allhisrubbish accumulating between times of collection or other satisfactory disposal, in proper receptacles.
C. Disposal of Rubbish. 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 dwellingscontaining
more than 2 dwelling units. In all other cases, the occupant shall be responsible for such facilities or receptacles.
d. Disposal of Garbage. Every occupant of a dwelling or
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occupant of a dwelling unit in a dwelling containing more than one dwelling
unit shall be responsible for the extermination of any insect, rodents,
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 proof or substantially
insect proof condition, extermination shall be the responsibility of the
e. Extermination of' Pests, Occupants Responsibilities. Every
0 owner.
or operator shall be responsible for extermination of any insects, rodents,
f. Extermination of Pests, Owners Responsibilities. Every owner
or other pests whenever infestation occurs in more than one dwelling unit
more units, or in any vacant unit.
a, in a dwelling or in the shared or public parts of a dwelling of two or
dwelling unit shall keep all plumbing fixtures therein in a clean and
g. Use and Operation of Plumbing Fixtures. Every occupant of a
sanitary condition and shall he responsible for the care in the proper use
and operation thereof.
dwelling unit shall be responsible for care in .the proper use and proper
operation of heating faci1itie:s.
h. Use and Operation of Heating Facilities. Every occupant of a
i. Destruction, Mut.ilation, and Defacing of Property. No person
shall willfully or wantonly damage, mutilate or deface any part of
residential real estate, suppl.ied fixtures, equipment, and furnishings or
any other property of another.
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shall be graded or maintained so that stagnant water will accumulate or
j. Grading, Landscaping and Drainage of Premises. No premises
structure. No premises shall be graded or maintained so that surface run-
stand on the premises or adjacent premises or within any building or
off causes damages to any per5:on or property. In addition, yards shall be
landscaped so that the visual character of the neighborhood is preserved.
k. Responsibilities. in Case of Contract. A contract effective
with regard to compliance hereunder shall not relieve any part of his
between owner and operator, operator and occupant, or owner and occupant,
direct responsibility under this Ordinance.
1. Owner to Note 'in. Writing the Number of Occupants Allowed.
Every owner or operator shall advise the occuuant in writine. either bv
,, ,
insertion in the- lease between. the parties or'otherwise of %e maxim&'
number of occupants permitted in the occupied premises under this
Ordinance.
Chapter 10. Rooming Houses
No person shall operate a rooming house, or let to another for
occupancy any rooming unit in any rooming house, except in compliance
wlth the following requirements.
comply with the provisions of this Code-as though such unit were a
dwelling unit, except as herein noted.
a. Every owner, operator or occupant of a rooming unit shall
b. Toilets and Lavatories. Atileast one flush toilet, lavatory
basin. and bathtub or shower. uroDerlv connected to a municiDa1 water and
sewer-system and in good working condition shall be supplied'for each 6
persons including the operator's quarters or family whenever they share
the use of said facilities, provided that in rooming houses where rooms * are let only to males, flush urinals may be substituted for not more than one-half the required number cf flush toilets. All such facilities shall be so located within the dwell.ing to be reasonably accessible from a
common hall or passageway to all persons sharing such facilities. Every
lavatory basin and bathtub or shower shall beadequately supplied with hot
water at all times. No such facilities shall be located in a basement.
&.
c. Linen. The opkrator of every rooming houseshall change
0 to the letting of any room to any occupant. The operator shall be
supplied bed linen and towels therein at least once each week, and prior
responsible for the maintenance of all supplied bedding in a Clean and
sanitary manner. -9-
purposes by one person shall contain at least 70 square feet of floor
d. Area of Sleeping Rooms. Every room occupied for sleeping
" space, and-every-room occupied for sleeping purposes by more than one
person shall contain at least an additional 50 square feet of floor space
for each additional occupant thereof.
safe, and unobstructed means of exit in accordance with the State Industrial Code requirements.
e. Exits. Every rooming unit shall have at least two separate
shall be responsible for the sanitarv maintenance of all walls. floors.
f. Sanitary Maintenance. The operator of every rooming house
and ceilings; and for the maintenanck of a sanitary condition in every'part
maintenance of the entire structure or building leased or occupied by the
of the rooming house, and he shall be further responsible for the sanitary
operator.
garbage storage containers whose type and location are approved shall be
supplied by the rooming house operator. The operator shall be responsible
for the disposal of all garbage in a clean and sanitary manner through the
use of approved mechanical equipment or by pla..cing it in the required
containers .
g. Rubbish Storage., Adequate garbage disposal facilities or
applies to rooming houses shall also apply to hotels. If, however, the
h. Includes Hotels. Every provision of this Ordinance which
State of Nisconsin or any of its agencies is found to have a more
that regulation shall take precedence over this Code.
restrictive regulation in regard or in conflict to these provisions, then
Chapter 11. Ewellings and Dwelling Units Which May be Occupied.
From and after six (6) months from the date on which this
Muskego may be occupied if such dwelling or dwelling unit has been
Ordinance takes effect, no dwelling or dwelling unit in the City of
inspected by the Building Inspector and it has been determined that such
dwelling or dwelling unit does not conform to the requirements of this
Ordinance.
The Building Inspector shall order compliance with the Ordinance
within a stated period of time not to exceed six months. However, in case of hardship, he may grant, at his discretion, time extensions not
exceeding 6 months each, and in any case, not exceeding a total of two years from the time of the original order. Said extensions shall be
granted only upon evidence of substantial effort to and progress in
removing the violation.
Any dwelling declared structurally unsafe shall be restored or
razed according to the provisions of the Wisconsin Statutes and the
Muskego Building Code. The Building Inspector is hereby designated as an
officer to carry out the provisions thereof.
Chapter 12. Failure to Comply with Order.
If any person fails 'to comply with the orders imposed by the
Building Inspector, said Building Inspector shall give notice to the City
Attorney to commence such le& action as to effectuate the purpose of
this Ordinance.
Chapter 13. Penalties.
Any person who viola-tes any provision of this Ordinance, known
more than $25.00 for the first offense and not more than $100.00 for the
as the "Minimum Housing CodeT1, shall, upon conviction thereof, forfeit not
together with the costs of prosecution, or in default of payment thereof,
second offense and not more than $2OO.d0 for any subsequent offense,
thirty (30) days. Each and every day during which such violation occurs be imprisoned in the Waukesha ICounty jail for a period not to exceed
shall be deemed a separate offense hereunder.
Chapter 14. Minimum Requirements.
The regulation and standards herein prescribed are minimum
gtandards. If any standard or regulation required by the IlMinimum Housing
Loderr differs from a standard or regulation of some other provision of the
"Minimum Housing Codet1 or other city ordinances or regulations or State
-10-
regulations, the stricter shal.1 take precedence.
sentence, clause or phrase of this Ordinance be declared unconstitutional
or invalid for any reason, the remainder shall not be affected thereby.
Constitutionality Cl.ause. Should any section, paragraph,
or contravening the provisions of this ordinance are hereby repealed.
Section 2. All ordinances or parts of ordinances inconsistent with
from and after its passage and publication.
Section 3. This ordinanc:e shall take effect and be in full force
PASSED AND ADOPTED by the Common Council of the City of Muskego
this 3rd day of March , 1967.
Mayor
Attest:
City Clerk
7464 {A &-obL)
MI N I MUM HClUS I NG CODE FOR THE CITY OF MUSKEGG, WAUKESHA COUNTY, WIS.
AN ORDINANCE CREATING A
The Common Council of the City of Muskego do ordain as follows:,
Sect ion I. Chapters I through I4 of the Minimum Housing Code are hereby cre3Z"as fo!iows:
I
5.
6.
7.
9.
9.
IO.
i 1.
19. I ?. I A,.
MINIWUM HOUSING CODE
Title and purpose!
Definitions
inspections of premises
Enforcement; Service of notices and orders; Hearings
Stzcdards for equipnent and facilities
?inirc:.m standards for light, ventilation and heating
Requirenents for safe end sanitary maintenance
Conditions of occupancy of dwellings and dwelling units
Responsibilities of owners and occupants
DHpi/ings and dwelling units which may be occupied
Roor.:! :r~ houses
Faiiure to conply with order
CoGstitutionality clause
Pena I t i es
a Tit I e and Purpo,se
Title. Chy:t?rs I through 14 shall be known and cited as the
Minir,um :iousin5 ioc? of the City of Muskego. ,
- deterioration of residential units and neighborhoods. This Code recognizes
that such deterioration could dwelop because of: Faulty design and/or
ronstruction; poor aaintenance; lack of proper sanitary facilities;
inadequate iig5tin.3 and ventilation; inadequate heating facilities; or, a
conbination OF the:e factors.
Perpose. T!:e pur2ose of this ordinance is to prevent the
they jeopardize or are datrimental to the health, safety, morals, general
welfare. or ti13 economic values of adjoining properties.
Zuch bLl !dir,gs could become so dilapidated and neglected, that
The adoption and subsequent enforcement of this ordinance Is
therefore declared to be essential to the public interest. It shall be
liberaiiy constrcec; to maintain a pleasant, saFe, and healthful environment,
:&City of k!bskeco.
and is intended to ~.~-~sc!~e t!le maintenance of property values within the
Chagter 7. - Definitions.
The foliowirtg definitions shall apply in the interpretation and
enforcepent of this Code:
with regui&ions established by City Ordinance, or Code, and authority
designated by law to enforce such ordinance, or code.
Aopro5:ed. "Apcroved.' shall mean approved by or in accordance
Basement. "Basement" shall mean that portion of a dwelling, not * eemed as "first story , located partly underground but having less than 1/2
f its clear floor-to-ceiling height below average finished grade of the
adjoining qround.
Bzth. "Bath" shall mean a bathtub or shower stall properly
connected with both hot and cold water lines.
Dsthroo.n. '3athroom"' shall mean a non-habitable room within a
dwelling cnlt wnlcr; is used, or intended to be used, primarily for bathing
and/or toilet psrpQses, and which contains a toilet, lavatory, and, in
some cases bathtuk or shower facilities.
-"
cinit which is used: cr inte;:?sd to be used, primarily for the purpose Of
""1 Bsu.-oom. "Cedrocm." shall mean a habitable room within a dwelling _I. .
deemed as "first story" located all or partly underground but having more than I/? of its clear floor-to-,celling height below average grade of the
adjoining ground.
Cellar. "Cellar" shall mean that portion of a dwelling, not
0
City. ..'City 'shall mean the City of Muskego, Wisconsin.
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.
DweIIinq, 'Dwelling" shall mean any building which is wholly or
artly used or intended to be used for living, sleeping. cooking or eating,
y humzn occupants. and includes any accessory structure attached thereto.
Dwellinq Unit. 'Dwelling Unit.' shall mean any room or group of
rooms located within a dwelling and forming a single habitable unit with
facilities which are used or intended to be used for living, sleeping,
cooking or eating by one family.
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
recogni7ed and legal elimination methods approved by the Health Department
of the County of Waukesha.
Extermination. Extermination" shall mean the control and
Gerbaqe. 'Garbage" shall mean the snimal and vegetable waste 6 resulting from the preparation. handling, cooking and consumption of food.
f I oor space used or intended to be used for I iving, sleeping, cooking or
catir,g purposes excluding bathrooms, laundries, pantries, foyer,
coazunicating corridors. closets and storage spaces.
Habitable Room. "Habitable Room.; shall mean a room or enclosed
tlotel. 'Hotel" shall mean any dwelling wherein sleeping
accomxodations are offered for pay to transients, tn 5 or more rooms. It
does not include rooming houses,
Infestation. - .Infestation shall mean the presence of any insects,
rodents or other pests within EI dwelling or on the dwelling premises.
-."- to be used for cooking or the preparation of meals.
Kitchen. 'Kitchen, shall mean a habitable room used, nr intended
Multae Dwellinq. 'Vlultiple Dwelling' shall mean any dwelling
containing more than two dwelling units. -
Occupant. 'Occupant" shall mean any person living, sleeping or 0 eating or having actua I possess ion of I a dwel I ing unit or rooming unit. -
Operator. Operator" shall mean any person who has charge, care,
or control of a building or part thereof, in which dwelling units or rooming
units are let.
r-everally 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,
administraoor. trustee, or guardian of the estate of the owner. The term
" Owner. Owner" shall mean any person who alone or jointly or
:aowner" under this ordinance shall also include the legally recorded helder
f a land contract vendee interest.
Person. person^" shall mean and include any individual, firm,
corporat:on partnership or association. "
C... .,L.;p I
pi pes
"_ Plumb- .'Plumbing'.' :shaI I mean and include al I of the fol lowing ied facilities and equipment: Gas pipes, gas burnlngequipment, water
. waste pipes. toilets, sinks, lavatories, bathrubs, shower baths,
lled clothes washing machines, catch basins, drains, vents, and any
similar supplied fixtures, together with all connections to water,
or gas lines.
"- including the building or structures thereon be they occupied or unoccupied.
Premises. -Premises" shall mean any lot, plot, or parcel of land
,I
-2- I
i
rooms formmrig a slngle habitable unit used or intended to be used for
living and sleeping, but not for cooking or eating porposes.
Roominq,Unit. Rooming Unit" shall mean any room or group of
part of any 4lng. dwe containing one or more rooming unlts, In Room in House. "Rooming House"' shal I mean any dwe! I
is let by the owner or operator. a Rubbish. "Rubbish'.' s;haI I mean household wastes, exc
and the term shall include lawn rakinqs. tin cans, qlass, meta
i ni?( w Ich Or space that
e pt garbage;
, crockery,
and simi I ar household wastes; illso papers, rags and-other combustible refuse. I.
@by or under the control of the owner or operator.
Supplied. "Supplied"' shal I mean paid for, furnished or provided
trailer. or other structure used for human shelter which is designated to
be transportable and which is not attached to the ground, to another
thirty (30) consecutive days.
structure. or to any utilities systems on the same premises for more than
Temporary Housinq. "Temporary Housing" shall mean any tent,
Meaninq of Certain Words. Whenever the words "dwell
"dwel I ing unit'.;. "rooming house", "rooming unit" or "premises"
this ordinance, they shall be construed as though they were fo
the words 'or any part thereof'.
i ng",
'I lowed by
are used in
Chapter 3. Inspections of Premises.
0 The Building Inspector is hereby authorized and directed to make
rooming units and premises located within the City of Muskego.
inspections to determine the conditions of dwellings, dwelling units,
unit or rooming unit shall upon the request of the Building Inspector,
and upon the showing of proper credentials, permit access to all parts of
of the inspection. examination and survey hereby authorized.
such building on their premises, at all reasonable times for the purpose
The owner operator. or occupant of every dwelling, dwelling
Every occupant of a dwelling or dwelling unit shall give the
owner operator or employee thereef access to any part of such dwelling,
of making such repairs as are necessary to effect compliance with the
dwelling unit. or its premises at all reasonable times for the purpose
provisions of this section.
Chapter 4. Enforcement; Service of Notices and Orders; Hearings.
Service of Notices. Whenever the Building Inspector determines
that there has been a violation, or that there are reasonable qrounds to
0 he shall give written notice of such violation or alleged violation to the
believe that there has been a violation, of any provision of this ordinance,
owner of record of the property or his agent. Such notice shall:
a. Include a description of the real estate sufficient for
identification.
b. Include a statement of the alleged violation or violations.
c. Include an order for remedial action which, if taken, will
effect compliance with the provisions of this ordinance and
with rules and regulations adopted pursuant thereto. a d. Allow reasonable .time, of up to 6 months, for the performance
of any act it requires.
e. Be served upon ths owner, or his agent; provided, however,
that such notice ;hall be deemed to be properly served upon
such owner, if a 'copy thereof is delivered to him personally,
of abode. in the Ipresence of someone of the family of suitable
or if not found, by leaving a copy thereof at his usual place
age and discretion, who shall be informed of the contents
thereof, or by sending a copy thereof by registered mail,
with return receipt required, to his last known address, or,
receipt showing i:: has not been delivered to him, by posting
if the registered letter with the copy is returned with a
a copy thereof in a conspicuous place in or about the
dwelling affected by the notice.
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Petition for Hearinq; Opportunity to be Heard; Order if No
Petition. Any person affected by any notice which has been
';ssued in connection with the enforcement of any provision of this
qrdinan-e. may request and shall be granted a hearing on the matter before
the Board of Appeals; provided, that the person requesting the hearing
shall File a written pet tion requesting such hearing, specifving the ground
thereo' with the Board and with the Building Inspector. Such petition
aFter ol davs. The petitqon for hearing shall be filed with the Board in
renlvrement decision or determination by the Building Inspector but not
dupli-ate and shall set forth name, address, and a brief statement of
Irqunds For such hearing. toqether with a fee of $15.00.
shall be filed prior to expiration of the time stated on the order,
*petit.ions transmit to the Board all of the papers constituting the
The Buildinq Inspector shall forthwith, upon the filing OF such
re-ord upon which the petition =or hearing was taken.
The Bn?rd sh-ll fix a reasonable time for hearing of the petition,
wh:rh shall be not less than IO days, nor more than 30 days, after the
da+e on which the petition was filed; proltided, that upon written
appl pat:on 0' the petitioner to the Board, it may postpone the date of the
+ear nq 'or a reasonabl? time beyond such 30 days period. if in its
udqment the petition has set forth a good and sufficient reason for such
postponement. The Board shall give 10 days written notice of the time and
plepe of hearing to the petitioner and to the Building Inspector.
be heard and to show cause why such notice should be modified or
At su-h hearing the petitioner shall be given an oppor
The 'ailure of the petitioner or his representative to appear at
hear inq shal I be grounds for dismissal of the petition, and shal
terminate right OF further appe.31.
tuni ty to
withdrawn.
this I
An\/ notice served pursuant to this Chapter of this ordinance shall
a~rtomatirall~, become an order if a written petition for a hearing is not
led n +he occise of the Board prior to expiration of the time stated on
the notice and not to e77eed '0 days. Any occupancy permit which has been
suspended hv a notice shall be (deemed automatically revoked if a petition
=or hearinq is not "iled in the office of the Board prior to expiration of
the time stated on the notice, ,and not to exceed 'q days. The Board shall
ha e th? power to administer .-a.ths and affirmations in connection with the
r-ndu-t of any hearing held in accordance with the prnvisions of this
ordinanre.
Decision oc Board. A.Fter such hearing the Board shall sustain,
mod; cv or withdraw the order. depending upon its findings as to whether
+he pro is ons of this Chapter Ihave been cnmplied with. The Board may also
modi -\I anv order so as to authoi-i -e a "ar iance from the provisions of this
Chapter when because of special conditions. a literal enforcement of the
provisions of this Chapter 1.1 II 1-esult in unnecessary hardship; provided,
that +.he sp rit of th s Chapter wi I I be observed pub1 ic health and welfare
se~ured and substantial iustice done. If the Board sustains or modifies
s'~-h Drder the owner operator of occupant. as the case may require
shall "omply with all pro' isions of such order, within a reasonable period
o time as determined by said l3oard. After a hearing in the case of any
noti-e or order suspendinq any permit required by this Ordinance, when such
not -e or order has been sustained by the Board, the Board shall order the
perm i t relto'-ed.
Review by Circuit Court. The proceedings at such hearing,
inrludinq the Gindings and decl:;~on of the Board shall be summarized, e' the Board. Such record shali also include a copy of every notice or
reduced to writin? and entered as a matter of public record in the office
order ssued in connection with the matter. A copy of the written decision
0' the Board shall then be served in the manner prescribed under Chapter 5
person or persons iointlv or ses/eraIly aggrieved by the decision of the
of this OrdinanTe on the person who filed the petition for hearing. Any
municipal:ty mav seek relief therefrom by having the decision reviewed
Board or any tarpaver or any officer, department, board or bureau of the
by the Cir-uit Court by certiorari, ic the petition for the writ is
presented to the Court within I5 days after the date on which the said
a'ter +he said Board's derision was served on him of his intention to
hearlnq and ;' the person aggrieved notifies said Board within 7 davs
present such pe+;tion to the Court. Such petition duly veri'ied shall set
w;th thn pro' isions 0.' Chapter 5 specifying the gr-junds thereof.
-qrth that such de. s;on is illegal in whole or in part or does not comply
- .-
Board's decision was screed on the person who filed the petition for
- *_
I;
I Emerqenc.. Orders. If the Building Inspector shall determine
.that a bu;ld;ng is in such d:ondition that it constitutes a public
nuisan-e and that there is great and immediate danger tr the public
heal t.h sa 'ety and wel.'are. or that a bu i Id ing or part thereof is
unsan;+ary and un6:t for human habitation occupanci! or use. he shall posi
3 no+:?e on the premises containing the following words: I* "THIS BUILDING CANNOT BE USED FOR HUMAN HABITATION, OCCUPANCY OR USE."
and he shall immediatel. prohibit the use of the building for human
hqclitation o-Yupancy or use, until the necessary repairs have been made.
The pro-edure therea'ter 'ollowed shall be pursuant to this Chapter of ah s Ordinance.
Chapter - 7. Standards for Equipment and Facilities.
All habitable buildings shall comply with the following require-
ments 'or basic equipment and facilities.
1.vhich shall be I .:ated in the rOom in which food is cooked or prepared.
a. Sinks. Every dwelling unit shall contain a kitchen sink
permitted under this Chapter shall contain a bath flush toilet and a
s:nk irrespecti.,e of the sink required as a kitchen Facility.
b. Toilets and Sinks, Every dwelling unit except as otherwise
I
or shover requTred under this Chapter are insta I led, shal I afford pr ivac\,
to a person within. The bathtub or shower may be in a room separate from
the room housing the toilet and lavatorv basin. but shall still a~7-ot-d
pr:, ac>' to a person within.
c. Pri.,acy. The r om wherein the toi let lauatqry and bathtub
more dwelling units share a toilet or lavatory with the exception@ of - roomi nq houses as defined in Chapter ?.
d. Multiple Use. Under no circumstances may occupants of two 0:.
and show?r req uired by this Or,dinance. shall be properly connected with
e. Water Supply. Every k tchen sink. lavatory basin bathtub
b-th hot. and cold water lines supplying water of saie, sanitary quality.
-
automatic or manuallv oDerated water heatina facilities which are DroDerlv
'. Water Heatina Facilities. Every dwelling shall have supplied
nstall-d are maintained in sa'e and good working condition. and are
,.
properl\, -0nne:ted with hot water 1in.s required under this Chapter; are
an adequate amount of hot water to be drawn at every required sink
-apablq oc heatinq water to a temperature of at least 120" F. as to permit
la-atorv basin bathtub or showsr even when the dwelling heatin7 facilities
required by this Ordinance are Inot in operation.
adequate receptacles or disposal equipment for larbage and For rubbish to
hold all 7arClage and ru5bish produced by each dwelling unit. Such
rerepta.-les shall c-mply with requirements and standards set by the Board
OF Pub1 i.7 Works.
9. Gar-and Refuz3 Receptacles. Every dwelling shall have
h. " E-its. Each exit from a dwelI:ng unit shall be ',ept in 3
reason?blv qnnd state of repair. Required exits shall in addition.
vrnpl\l with all pro\,isions of the appropriate c :des of the State nf
Wisconsin. a i . Stai rwal:s. AI I stai rways in dwel I i ngs sha I I have at least one '; rml.. :onzructed handrai I at not less than 7 .Ceet 6 inches \jerticai ly
all pro. isi-,ns of the appropriate codes lf the State of Wisconsin.
a5o.e the nose 0' the tread. All stairways shall, in addition compl\, wit5
Chapter c. Mi n imum S-tandards for Light Vent i 1 at i on and Heat i r".> "- -
a' men.'s 'or I i lht ,,enti lat ion and heat in?.
All habitabl? buildings shall complr with the Follow:n~ require - a. Windows. Every habitable rQom shall have at least one
1.f ndo'l area :n e'-ery sleeping room sha I I be IC) percent of the floor area
w nrlow or s'..,I;ght Facing directly to the outdoors. The minimum total
r)^ such room. No skylight shall be installed in lieu of a window where G
s!.k,l:qht h3s not previously existed.
-5-
window wh
vent i late
b. Vent i I at i on. Every hab i tab
ich can easily be opened or such
the room. The total aspenable w
room shall eaual at least 45 oercent of t
" - le room shall have at least one
'indow area in every habitable
he minimum window area required
other device as will adequately
by th i s sect i'on except where' there is suppl ied some other device
affording adequate ventilation .and approved by the Building Inspector. e Bathroom. Every Ibathroom and toilet compartment shall have at least one openable window facing the outside, except where there is
supplied some mechanical device approved by the Building Inspector to
provide adequate ventilation.
c. "
d. Electrical Service. Every habitable room of each dwelling ahall contain at least twoseparate wall type electric convenience outlets, - - - - . . - "
or one such convenience out I et, and one suppl ied cei I ing type or wa I I type^
electric fixture; and every wat.sr closet compartment, bathroom. laundry
room furnace room. and public hall shall contain at least one supplied
be properly installed and shall be maintained in good and safe working
ceiling or wall type electric fixture. Every such outlet and fixture shall
condition and shall be connect,sd to the source of electric power in a
safe manner.
The Building Inspector shall investigate all electrical
deficiencbes and make his recommendations thereon, which recommendations
shall be made a part of the order made under the Mihi.mum Housing Code to
the property owner.
two dwel I ina uKiF<-uiaie same hTI s and stairways, arranaements shal I e. Public Halls and "_ StairwaL I In every building accommodating
be made to supply conveniently located I ight switches; including two-way
light switches at both the top snd bottom of all stairways controlling an
adequate lighting system which lnay be turned on when needed.
f. Insect Protection. When flies or other pests are prevalect, -.:
all openable windows as required by Chapter shall be effectively screeno?
be maintained in good condition.
and screen doors shall be self-closing. Screens and screen doors shall
9- 1- every other openlng to a building which might provide an entry for rodenxs,
shall be supplied with a screen or such other device as will effectively
prevent their entrance.
Rodents. Every basement window used for ventilation, and
h. Heatinq. Every d'r/eIIing shall have heating facilities which
are capable of safely and adequately heating all habitable rooms, bathrooms
and toilet rooms within its walls to a temperature of at least seventy
(7q) degrees Fahrenheit under winter temperatures of minus 20 degrees
Fahrenheit without forcing the heating facilities beyond safe capacity.
Chapter - 7. Requirements for Safe and Sanitary Maintenance.
All habitable buildings shall comply with the following require-
ments for maintenance.
a- and roof shall be weathertiaht. watertiaht. and rodent Droof: shall be
Floors. Walls. etc. Every floor, wall: ceiling foundation,
capable of affording privacy; and shal I be kept in good' repa'ir, and in
clean and sanitary condition. Exterior surfaces shall be painted or
suitably surfaced:
<. <r
&. To prevent deterioration of the structure.
2. When the appearance of surfaces is an obvious detriment to tl"
visual character of the neighborhood. and thus is a devaluating influmz:
upon it.
Dorch and everv amurtenance thereto shall be so constructed as to be safe
b. Stairs and Porches. Every inside and outside stair, every
to use and capable of supportin,g the load that normal use would cause to
be p:l.aced thereon. and shall be kept in sound condition and good repair,
and in a clean and sanitary condition. Such stairs shall be kept free of
City and State Building Codes.
refuse or stored material. Hand rails shall be installed as required in
'@
I ..
-6-
.
Rainwater Draina e From Roof. All rainwater sha drained 2nd conveyea from roo so as ni cause dampness, tn
ceiling or floor of a habitable room, bathroom, or toilet room
c. "" 9 "" I I be so
I. AI I '*
any wal I,
Such drain pipes, eave troughs, etc., shall be maintained so they do not
exterior drain pipes shall be maintained in safe and sanitary condition.
detract from the visual character of the neighborhood.
0 waste pipe required undar this section shalLbe installed in accordance
d. .Plumbing - - - - .- Fixtures. - - - - _" Every plumbing fixture and water and
with tne Plumbing Code of the City and maintained in good working con-
dition free from defects, leaks and obstructions.
"
sathrooms shal I be constructed and maintained so as to be leakproof, and
e. "_ ~oilet -.__"I and Bathroom Floors. ." The floors of all toilet and
shall be kept in a clean and sanitary condition.
f. Chimneys 2nd Suppli.ed Smoke Pipes. Every chimney and every
supplied smoke pips shall be adequately supported. reasonably clean, and
naintained in a good state of repair.
- .. - " - -
9 - J?" iscont - - - inuance "_ - of " Service. No owner, occupant or operator, .I' shali cause any service. facility, equ~pment or utility which is required
any occupied dwelling let or occupied by him, except for such temporary
under this section to be removed from or shut off from or discontinued for
interruption as may be necessary while actual repairs or alterations are
in progress or during temporary emergency when discontinuance of service
i s ap,?rovccl by the enforc i ng officer.
-.-r
a. ih. \!scant Dwel " I - inq "_ Units to be clean and Sanitary Before Bei-nq - .- - . - -. -. - " occupancy or al ow any other person to occupy any dwell
:.et for Occupanc No owner shall occupy or rent to an
is safe. clean and sanitary and complies with all provi
?-
chspter and al I rules and regulations adopted pursuant
- Chaator - ." - - " 8. Conditions of Occupancy of Dwell
Units.
y other per
ing unit un
sions of th
thereto.
i ngs and Dwe
son for I
i
,I
ess it
S
1 ing
KO pcrscn shal I occupy or let to another for occupancy any
d:.,eIiing or d,vz?llir.g unit, for the purpose of living therein which does not
corrp I y w i th tho fo I I owing requ i rements :
houses shall coirtain at least 150 square feet of habitable floor space for
the first occupant thereof and at least 100 additional square feet of floor
space for every additional occupant thereof.
a. Floor Seace. __ Every dwelling unit except hotels and rooming
b. - Slee2inq - - - -. . -" Rooms. - - In every dwelling unit of two or more rooms,
every room-occupicd for sleeping purposes by one occupant shall contain at
lezst 70 square feet of floor area, and every room occupied for sleeping 0 qurposes by rol-e thsn one occupant shal I contain at least 40 square feet
of floor area for each occupant.
c. Habitable " Room Area. Floor area shall be calculated on the
basis oiT habitcbie troom area. However, closet area and hall area within
the dvclli-ng unit where provided, may count for not more than IO percent
of ';he require? habitable floor area.
d. Cei 1 i nq Hei qht. At I east one-ha I f of the f I oor area of every
habitable room shall have a ceiling height of at least 7 feet 6 inches; and
the floor area of that part of any room where the ceiling height is less
@;?I oor area of the room for determining the max imum permi ss ib le occupancy
than 5 feet shall not be considered as part of the floor area in computing
thereof.
." -
e. Basement and Cellarace. No basement or cellar space may
b, use3 as a hzbitabie room or dwelling unit, except as hereinafter
be loc.3ted in a basement area having its floor level not more than 3 feet
Frovided. In one and two family dwellings,. kitchens and dining rooms may
6 inches below the outside finished grade. A basement space may be used
as a living or slee9ing room or dwelling unit, provided its floor level e% i s not nore tharl 3 feet 6 inches below the outside finished grade at any
point 2nd wtnze ceiling is a 4 feet or more above grade at any point.
ventilation is provided. In a one or two family residence, any basement or
Family roc?s mzy be located in basements or cellars provided adequate
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. L
cellar space may be used as a :sleeping room by members of the immediate
are made impervious to the leakage of underground and surface run-off
family of a resident owner but only on condition that the floors and walls
water the space is insulated ~,3gainst dampness. and the space to be so
used complies with all the requirements of this code for habitable rooms.
f. Occupants to Havs Access to Sanitary Faci I it ies. Every
occupant of everydwelI~~shallhaveunrestricted'access to a bath and
9. Windows. All windows shal'l be maintained in good repair.
"" Chapter 9. - Responsibilities of Owners and Occupants.
Where in this Code the obligation for observance is not otherwise
flush toilet and to a sink or lavatory basin located within that dwelling.
a
clearly designated the respective responsibility of owner, operator and
occupant is as follows:
a. Sanitary_ Responsibilities of Owner. Every owner of a dwellina shal I be resDGnsible for maintainina in a safe, clean and sanitary .. -~ "" "" - _~__.
condition al I communa'l shared, or pub1 ic areas of the dwel I ing and
premises thereof which are shared or used by the occupants of thr-ee or
more dwelling units.
dwe 1 I i ng
that par e unit sha
b. - Sanitary - - .. " " Responsibilities "- of Occ_lipants. " Every occupant of a
or dwelling unit shall maintain in a clean and sanitary condition
or other
t of the dwelling unit and yard which he occupies and controls.
c. Disposal of Rubbish. Every occupant of a dwelling or dwelling II place all his rubbish accumulating between times of collection ". "
satisfactory disposal, in proper receptacles.
d. Disposal of Garb.= Every occupant of a dwelling or
dwelling unit who does not oth'srwise provide for the disposal of garbage
in a sanitary and inoffensive lmanner shall prepare all his garbage for
collection and place it. pending collection, in a proper receptacle as
provided herein. The owner sh,3lI be responsible for supplying such
facilities or receptacles for 311 dwelling units in dwellings containing
more than 2 dwelling units. In all other cases, the occupant shall be
responsible for such facilities or receptacles.
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e. Extermination of Pests, Every
occuoant of a dwel I ina unit in a dwel I ina containina more than one dwel I ins
unit' sha I I be responsible for .the extermjnat ion of any insects, rodents,
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 proof or substantially
insect proof condition. extermination shall be the responsibility of the
-
f. -~ Extermination ~ of Pests. Owners -~ Responsibilities. "- Every owner
or operator shall be responsible for extermination of any insects, rodents
or other pests whenever infestation occurs in more than one dwelling unit
in a dwelling or in the shared or public parts of a dwelling of two or
more units or in any vacant unit.
9; -~ Use and Operation of Plumbing Fixtures. Every occupant of a dwellinq unlt shall keep all plumbing fixtures therein in a clean and
sani tar; condition and shal I be responsible for the care in the proper use
and operation thereof.
4 dwelling unit shall be responsible for care in the proper use and proper
operation of heating faci I itie.5.
h. Use and Operation of Heat. "" Facilities. " - Every occupant of a
i. Destruction. Muti lationJdnd defacinaproperty. No person
shall willfullv or wantonlv damaqe mutllate or deface any Dart of - - -~ -~ - "
residential real estate, suppl ied fixtures, equipment, and furnishings or
any other property of mother. a j. Gradinq, ._Landscaping and Drainaqeof Premises. No premises shall be araded or maintained :so that staqnant water will accumulate or
stand on the premises or adjacent prcmi ses or within any bui lding or
structure. No premises shall be graded or maintained so that surface run-
off causes damages to any person or property. In addition, yards shall be
landscaped so that the visu3l character of the neighborhood is preserved.
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k. Responsibilities in Case of Contract. A contract effective
between owner and operator, operator and occupant, or owner and occupant,
with regard to compliance hereunder shall not relieve any part of his
direct responsibility under this Ordinance.
". "___ "
Every owner or operator shall advise the occupant In writing, either by
I. " Owner to Note in Writing ~- the Number--of Occupants Allowed.
Ordinance.
number of occupants permitted in the occupied premises under this
i-" 0 insert ion in the lease between the parties or otherwise of the maximum
Chapter IO. Rooming Houses
No person shall operate a rooming house, or let to another for il) - -
occupancy any rooming .unit in any rooming house. except in compliance
with the following requirements,
comply with the provisions of this Code as though such unit were a
dwelling unit. except as herein noted.
a. Every owner. operator or occupant of a rooming unit shall
b. Toilets and Lavatories. At least one flush toilet. lavatory
basin and bathtub or shower: properly connected to a municipal water and
sewer system and in good working condition shall be supplied for each 6
persons including the operator's quarters or family whenever they share
the use of said facilities, provided that in ;rooming houses where rooms
are -let only tomales flush urinals may be substituted for not more than
one-half the required number of: flush toilets. All such facilities shall
be so located within the dwelling to be reasonably accessible from a
common hall or passageway to all persons sharing such facilities. Every
lavatory basin and bathtub or shower shall be adequately supplied with hot
water at all tines. No such facilities shall be located in a basement.
c. Linen. The operator of every rooming house sha I I change
supplied bed linen and towels therein at least once each week, and prior
to the letting of any room to clny occupant. The operator shall be
responsible for the maintenance of all supplied bedding in a clean and
sanitary manner.
"_
d. Area of SIeepinqRooms. Every room occupied for 51 eeping
purposes by one person shalT cc%ta in at least 70 sauare feet of floor
space and' every' room occupied for s I ee? ing purposes by more than one
person shall contain at least e.n additional 50 square feet of floor space
for each additional occupant thereof.
safe, and unobstructed means of exit in accordance with the State
Industrial Code requirements.
e. " Exits. - Every rooming unit shall have at least two separate
a f. Sanitar- Maintenance. The operator of every rooming house
shall be responsible for the senitary maintenance of all walls, floors
and ceilings and for the maintenance of a sanitary condition in every part
of the rooming house. and he shall be further responsible for the sanitary
maintenance of the entire structure or building leased or occupied by the
operator.
9. Rubbish Storaqe. Adequate garbage disposal facilities or garbage storage containers whose type and location are approved shall be
supplied by the rooming house cperator. The operator shall be responsible
for the disDosal of all aarbaae in a clean and sanitarv manner throuah the 0 conta i ners.
use of approved mechan ical eq;ipment or by placing it in the require:
h. Includes Hotels. Every provision of this Ordinance which
applies to rooming houses shall also apply to hotels. Ifr however, the
State of Wisconsin or any of its agencies is found to have a more
restrictive regulation in regard or in conflict to these provisons, then
that regulation shall take precedence over this Code.
""
- Chapter II. Dwellings and Dwelling Units Which May be Occupied.
From and after six (6) months from the date on which this
Muskego may be occupied if such dwelling or dwelling unit has been
Ordinance takes effect, no dwelling or dwelling unit in the City of
inspected by the Building Inspector and it has been determined that such
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dwelling or dwelling unit does not conform to the
Ordinance.
requirements of this
within a stated period of time not to exceed six months. However, in case
The Building Inspector shall order compliance with the Ordinance
of hardship he may grant, at his discretion, time extensions not
exceeding 6 months each, and in any case, not exceeding a total of two
granted only upon evidence of substantial effort to and progress in
removing the violation.
i) years from the time of the original order. Said extensions shall be
Any dwelling declared structurally unsafe shall be restored or
Muskego Building Code. The Building Inspector is hereby designated as an
ra7ed according to the provisions of the Wisconsin Statutes and the
officer to carry out the provisions thereof.
- Chapter 12. Fa i I ure to Comply with Order.
Building Inspector said Builging Inspector shall give notice to the City
If any person fails to comply with the orders imposed by the
Attorney to commence such legal action as to effectuate the purpose of
this Ordinance.
Chapter 13. Penalties.
as the ".Minimum Housing Code'. shall, upon conviction thereof. forfeit not
more than $25.00 for the first offense, and not more than $lOO.OO for the
together with the costs of prosecution. or in default of payment thereof,
second offense and not more than $200.00 for any subsequent offense,
be imprisoned in the Waukesha County jail for a period not to exceed
thiety (30) days. Each and every day during which such violation occurs
shall be deemed a separate offense hereunder.
Any person who violates any provision of this Ordinance, known
" Chapter I Minimum Requirements.
The regulation and standards herein prescribed are minimum
Code" differs from a standard or regulation of some other provision of the
standards. If any standard or' regulation required by the "Minimum Housing
"Minimum Housing Code" or other city ordinances or regulations or State
regulatiws the stricter shall take precedence.
sentence clause or Dhrase of this Ordinance be declared unconstitutional
Constitutionality Clause. Should any section, paragraph,
or invalid for any reason, the remainder shall not be affected thereby.
Section 2. All ordinances or parts of ordinances inconsistent with
e or coztravening the provisions of this ordinance are hereby repealed.
Section " 3. This ordinance shall take effect and be in full force
from and after its passage and publication.
PASSED AND ADOPTED by the Common Council of the City of Muskego
this 3 day of /%ad, .. 1967.
Mayor Attest:
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