Category: Legal Ordinances
Source: classifiedsMMC.com
Listed: Tue Apr 23rd
ORDINANCE NO. 14-23 (2023) AN ORDINANCE AMENDING CHAPTER 11, CITY OF WAUPACA HEALTH AND SANITATION CODE The Common Council of the City of Waupaca do ordain as follows: SECTION 1. The following Ordinance relating to the Health and Sanitation Code is hereby amended to read as follows: Section 11.02, of the Health and Sanitation Code, RULES AND REGULATIONS is hereby amended to read as follows: 11.02 RULES AND REGULATIONS. This code provides certain minimum standards, provisions, and requirements for the prevention of or the creation of health nuisances and the protection of public health, safety, and welfare. The enforcement of these provisions shall be based on the same criteria as mentioned above. Any person violating any of such regulations and any lawful order of the City shall be subject to a penalty as provided in sec. 25.04 of this Code. (1) Minimum required standards of Habitability in any structure intended for human occupancy . (a) Minimum standards for basic equipment and facilities. No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit which does not contain the following: 1. A kitchen sink in good working condition and properly connected to a water and sewer system. 2. A room that affords privacy to a person and which is equipped with a flush water closet and a lavatory basin in good working condition and properly connected to a water and sewer system 3. Within a room which affords privacy to a person within said room, a bathtub or shower in good working condition and properly connected to a water and sewer system. 4. Every kitchen sink, lavatory basin and bathtub or shower required under the provisions of Subsections (1), (2) and (3) above shall be properly connected with both hot and cold water lines. 5. Adequate garbage storage containers. 6. Water-heating facilities which are properly installed, are maintained in safe and good working condition, are properly connected with the hot water lines required under Subsection (4) and are 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 or shower at a temperature of not less than 110° F at any plumbing fixture. 7. A safe, unobstructed means of egress leading to safe and open space at ground level. (b) Minimum standards for light, ventilation, and heating. No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit which does not contain the following: 1. Window area. Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total glass area, measured between stops, for every habitable room shall be 8% of the floor area of such room. Whenever walls or other portions of structures face a window of any such room and such light obstruction structures are located less than three feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight-type window in the top of such room, the total window area of such skylight shall equal at least 8% of the total floor area of such room Per SPS 321.05(1). i. Exception. Habitable rooms, other than bedrooms, located in basements, ground floors, or above garages do not require natural light. 2. Ventilation. Every habitable room shall have at least one window or skylight which can easily be opened, or such other device as will adequately ventilate the room. The total of openable window area in every habitable room shall be equal to at least 45% of the minimum window area size or minimum skylight-type window size, as required in Subsection (1) above, except where there is supplied some other device affording adequate ventilation and is approved by the Building Inspector or designee. 3. Electric light fixtures and outlets. Where there is electric service available from power lines which are not more than 300 feet away from a dwelling, every habitable room of such dwelling shall contain at least two separate floor- or wall-type electric convenience outlets, or one such convenience outlet and one supplied ceiling-type electric light fixture; and every water closet compartment, bathroom, laundry room, furnace room and public hall shall contain at least one supplied ceiling- or wall-type electric light fixture. Every such outlet and fixture shall be properly installed, shall be maintained in good and safe working condition and shall be connected to the source of electric power in a safe manner. 4. Heating. Every dwelling shall have heating facilities which are properly installed, are maintained in safe and good working condition and are capable of safely and adequately heating all habitable rooms, bathrooms and water closet compartments in every dwelling unit located therein to a temperature of at least 70° F. at a distance three feet above floor level under ordinary minimum winter conditions. 5. Hall and stairway lighting. Every public hall and stairway in every multiple dwelling containing five or more dwelling units shall be adequately lighted at all times. Every public hall and stairway in structures devoted solely to dwelling occupancy and containing not more than four dwelling units may be supplied with conveniently located light switches, controlling an adequate lighting system which may be turned on when needed instead of full-time lighting. (c) Minimum requirements for safety, sanitation, and maintenance of dwellings. No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit which does not contain the following: 1. Every foundation, floor, wall, ceiling, and roof shall be reasonably weather-tight, watertight, and rodent-proof; shall be capable of affording privacy; and shall be kept in good repair. 2. Every window, exterior door, and basement hatchway shall be reasonably weather-tight, watertight, and rodent-proof; and shall be kept in sound working condition and good repair. 3. Every inside and outside stair, porch, and appurtenance thereto shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon and shall be kept in sound condition and good repair. 4. Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition free from defects, leaks, and obstructions. 5. Every water closet compartment floor surface and bathroom floor surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition. 6. Every supplied facility, piece of equipment, or utility which is required under this subchapter shall be so constructed or installed that it will function safely and effectively and shall be maintained in satisfactory working condition. (d) No owner, operator, or occupant shall cause any service, facility, equipment, or utility which is required under this subchapter to be removed from or shut off from or discontinued for any occupied dwelling let or occupied by him or her, except for such temporary interruption as may be necessary while actual repairs or alterations are in process, or during temporary emergencies when discontinuance of service is approved by the Building Inspector or designee. (e) Minimum requirements for space, use, and location. No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit which does not contain the following: 1. Every dwelling unit shall contain at least 100 square feet of floor space for every occupant, the floor space to be calculated on the basis of total habitable room area. 2. In every dwelling unit of two or more rooms, every room occupied for sleeping purposes shall contain at least 50 square feet of floor space for each occupant. 3. At least 1/2 of the floor area of every habitable room shall have a ceiling height of at least seven feet; and the floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof. 4. No cellar space shall be used as a habitable room or dwelling unit. 5. No basement space shall be used as a habitable room or dwelling unit unless: i. The floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness. ii. The total of window area in each room is equal to at least the minimum window area sizes as required in SPS 321.05(1). iii. The total of openable window area in each room is equal to at least the minimum as required under SPS 321.03(5). (f) Responsibilities of owners and occupants. 1. Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining, in a clean and sanitary condition, the shared or public areas of the dwelling and premises thereof. 2. Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit, and premises thereof which he or she occupies and controls. 3. Every occupant of a dwelling or dwelling unit shall dispose of all his or her rubbish, garbage, and/or other organic waste in a clean and sanitary manner. It shall be the responsibility of the owner to supply such facilities or containers for all dwelling units in a dwelling containing more than three dwelling units and for all dwelling units located on premises where more than three dwelling units share the same premises. In all other cases, it shall be the responsibility of the occupant to furnish such facilities or containers. Recyclables and refuse items shall not be stored outside of the containers. 4. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents, or other pests therein or on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his or her dwelling unit is the only one infested. Notwithstanding the foregoing provisions of this section, whenever infestation is caused by the failure of the owner to maintain a dwelling in a reasonably rodent-proof or reasonably insect-proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any premise, or in the shared or public parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner. The Code Official, or designee, may require a Compliance Plan for larger or more complex infestations. 5. Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. SECTION 2. This ordinance shall take effect upon passage and publication according to law. Brian Smith, Mayor Adopted: , 2024. Published: , 2024. ATTEST: Barbara J. Nowak, City Clerk For a complete copy of the ordinance, please contact the City Clerk’s office at 111 S Main St, Waupaca WI or call 715.258.4411 SECTION 2. This ordinance shall take effect upon passage and publication according to law. /s/ Brian Smith Brian Smith, Mayor Adopted: April 3 , 2024. Published: April 18 , 2024. ATTEST: /s/ Barbara J. Nowak Barbara J. Nowak, City Clerk Publish April 18, 2024 WNAXLP
Source: classifiedsMMC.com
Listed: Tue Apr 23rd
ORDINANCE NO. 14-23 (2023) AN ORDINANCE AMENDING CHAPTER 11, CITY OF WAUPACA HEALTH AND SANITATION CODE The Common Council of the City of Waupaca do ordain as follows: SECTION 1. The following Ordinance relating to the Health and Sanitation Code is hereby amended to read as follows: Section 11.02, of the Health and Sanitation Code, RULES AND REGULATIONS is hereby amended to read as follows: 11.02 RULES AND REGULATIONS. This code provides certain minimum standards, provisions, and requirements for the prevention of or the creation of health nuisances and the protection of public health, safety, and welfare. The enforcement of these provisions shall be based on the same criteria as mentioned above. Any person violating any of such regulations and any lawful order of the City shall be subject to a penalty as provided in sec. 25.04 of this Code. (1) Minimum required standards of Habitability in any structure intended for human occupancy . (a) Minimum standards for basic equipment and facilities. No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit which does not contain the following: 1. A kitchen sink in good working condition and properly connected to a water and sewer system. 2. A room that affords privacy to a person and which is equipped with a flush water closet and a lavatory basin in good working condition and properly connected to a water and sewer system 3. Within a room which affords privacy to a person within said room, a bathtub or shower in good working condition and properly connected to a water and sewer system. 4. Every kitchen sink, lavatory basin and bathtub or shower required under the provisions of Subsections (1), (2) and (3) above shall be properly connected with both hot and cold water lines. 5. Adequate garbage storage containers. 6. Water-heating facilities which are properly installed, are maintained in safe and good working condition, are properly connected with the hot water lines required under Subsection (4) and are 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 or shower at a temperature of not less than 110° F at any plumbing fixture. 7. A safe, unobstructed means of egress leading to safe and open space at ground level. (b) Minimum standards for light, ventilation, and heating. No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit which does not contain the following: 1. Window area. Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total glass area, measured between stops, for every habitable room shall be 8% of the floor area of such room. Whenever walls or other portions of structures face a window of any such room and such light obstruction structures are located less than three feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight-type window in the top of such room, the total window area of such skylight shall equal at least 8% of the total floor area of such room Per SPS 321.05(1). i. Exception. Habitable rooms, other than bedrooms, located in basements, ground floors, or above garages do not require natural light. 2. Ventilation. Every habitable room shall have at least one window or skylight which can easily be opened, or such other device as will adequately ventilate the room. The total of openable window area in every habitable room shall be equal to at least 45% of the minimum window area size or minimum skylight-type window size, as required in Subsection (1) above, except where there is supplied some other device affording adequate ventilation and is approved by the Building Inspector or designee. 3. Electric light fixtures and outlets. Where there is electric service available from power lines which are not more than 300 feet away from a dwelling, every habitable room of such dwelling shall contain at least two separate floor- or wall-type electric convenience outlets, or one such convenience outlet and one supplied ceiling-type electric light fixture; and every water closet compartment, bathroom, laundry room, furnace room and public hall shall contain at least one supplied ceiling- or wall-type electric light fixture. Every such outlet and fixture shall be properly installed, shall be maintained in good and safe working condition and shall be connected to the source of electric power in a safe manner. 4. Heating. Every dwelling shall have heating facilities which are properly installed, are maintained in safe and good working condition and are capable of safely and adequately heating all habitable rooms, bathrooms and water closet compartments in every dwelling unit located therein to a temperature of at least 70° F. at a distance three feet above floor level under ordinary minimum winter conditions. 5. Hall and stairway lighting. Every public hall and stairway in every multiple dwelling containing five or more dwelling units shall be adequately lighted at all times. Every public hall and stairway in structures devoted solely to dwelling occupancy and containing not more than four dwelling units may be supplied with conveniently located light switches, controlling an adequate lighting system which may be turned on when needed instead of full-time lighting. (c) Minimum requirements for safety, sanitation, and maintenance of dwellings. No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit which does not contain the following: 1. Every foundation, floor, wall, ceiling, and roof shall be reasonably weather-tight, watertight, and rodent-proof; shall be capable of affording privacy; and shall be kept in good repair. 2. Every window, exterior door, and basement hatchway shall be reasonably weather-tight, watertight, and rodent-proof; and shall be kept in sound working condition and good repair. 3. Every inside and outside stair, porch, and appurtenance thereto shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon and shall be kept in sound condition and good repair. 4. Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition free from defects, leaks, and obstructions. 5. Every water closet compartment floor surface and bathroom floor surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition. 6. Every supplied facility, piece of equipment, or utility which is required under this subchapter shall be so constructed or installed that it will function safely and effectively and shall be maintained in satisfactory working condition. (d) No owner, operator, or occupant shall cause any service, facility, equipment, or utility which is required under this subchapter to be removed from or shut off from or discontinued for any occupied dwelling let or occupied by him or her, except for such temporary interruption as may be necessary while actual repairs or alterations are in process, or during temporary emergencies when discontinuance of service is approved by the Building Inspector or designee. (e) Minimum requirements for space, use, and location. No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit which does not contain the following: 1. Every dwelling unit shall contain at least 100 square feet of floor space for every occupant, the floor space to be calculated on the basis of total habitable room area. 2. In every dwelling unit of two or more rooms, every room occupied for sleeping purposes shall contain at least 50 square feet of floor space for each occupant. 3. At least 1/2 of the floor area of every habitable room shall have a ceiling height of at least seven feet; and the floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof. 4. No cellar space shall be used as a habitable room or dwelling unit. 5. No basement space shall be used as a habitable room or dwelling unit unless: i. The floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness. ii. The total of window area in each room is equal to at least the minimum window area sizes as required in SPS 321.05(1). iii. The total of openable window area in each room is equal to at least the minimum as required under SPS 321.03(5). (f) Responsibilities of owners and occupants. 1. Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining, in a clean and sanitary condition, the shared or public areas of the dwelling and premises thereof. 2. Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit, and premises thereof which he or she occupies and controls. 3. Every occupant of a dwelling or dwelling unit shall dispose of all his or her rubbish, garbage, and/or other organic waste in a clean and sanitary manner. It shall be the responsibility of the owner to supply such facilities or containers for all dwelling units in a dwelling containing more than three dwelling units and for all dwelling units located on premises where more than three dwelling units share the same premises. In all other cases, it shall be the responsibility of the occupant to furnish such facilities or containers. Recyclables and refuse items shall not be stored outside of the containers. 4. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents, or other pests therein or on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his or her dwelling unit is the only one infested. Notwithstanding the foregoing provisions of this section, whenever infestation is caused by the failure of the owner to maintain a dwelling in a reasonably rodent-proof or reasonably insect-proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any premise, or in the shared or public parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner. The Code Official, or designee, may require a Compliance Plan for larger or more complex infestations. 5. Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. SECTION 2. This ordinance shall take effect upon passage and publication according to law. Brian Smith, Mayor Adopted: , 2024. Published: , 2024. ATTEST: Barbara J. Nowak, City Clerk For a complete copy of the ordinance, please contact the City Clerk’s office at 111 S Main St, Waupaca WI or call 715.258.4411 SECTION 2. This ordinance shall take effect upon passage and publication according to law. /s/ Brian Smith Brian Smith, Mayor Adopted: April 3 , 2024. Published: April 18 , 2024. ATTEST: /s/ Barbara J. Nowak Barbara J. Nowak, City Clerk Publish April 18, 2024 WNAXLP