Section 16.150 Minimum Property Maintenance Standards.

16.150 Minimum Property Maintenance Standards.

(1) Findings and Intent. It is hereby found and declared that there may now be, or may in the future be, residential and nonresidential buildings, structures, yards or vacant areas and combinations thereof which are so dilapidated, unsafe, dangerous, unhygienic, inadequately maintained or lacking in basic equipment or facilities, light, water, ventilation, and heating so as to constitute a menace to the health, safety, and general welfare of the people. The enactment and enforcement of this section is hereby declared to be essential to the public interest and it is intended that this section be liberally construed to effectuate the purposes as stated heretofore in this section.

(2) Definitions. The following definitions shall only apply in the interpretation and enforcement of this chapter. Wisconsin Statutes shall be incorporated without specific reference where terms require further interpretation.

Accessory dwelling unit shall mean a residential living unit on the same parcel on which a principal building used as a single-family dwelling is present or may be constructed. It provides complete independent living facilities for one or more persons and meets the Wisconsin Uniform Building Code and Wisconsin Uniform Dwelling Code.

Approved shall mean acceptable to the Code Enforcement Officer.

Basement shall mean a portion of a building below the first floor or ground floor with its entire floor below grade.

Bathroom shall mean a room containing a bathtub and/or shower stall, often a wash basin, properly connected with both hot and cold water and a toilet.

Bedroom shall mean a habitable room within a dwelling unit which is used, or intended to be used, primarily for the purpose of sleeping, with a door to ensure privacy, natural light and ventilation, but shall not include any kitchen or dining room.

Cellar shall mean a portion of a building located partly or wholly underground used especially for storage or refuge.

Code Enforcement Officer shall mean any member of the Building Inspection Division of the Fire Department responsible for inspecting and enforcing the City’s building, housing, electrical, plumbing, ventilation, and life safety codes.

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.

Deterioration shall mean to weaken, disintegrate, corrode, rust or decay and lose effectiveness.

Dining room shall mean a habitable room used or intended to be used for the purpose of eating but not for cooking or the preparation of meals.

Dwelling shall mean any building or structure, except temporary housing, which is wholly or partly used or intended to be used for living or sleeping by human occupants and includes any appurtenances attached thereto.

Dwelling unit shall mean any habitable room or group of adjoining habitable rooms located within a dwelling and forming a single unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating of meals.

Extermination shall mean the control and elimination of insects, rodents, or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, or trapping; or any other approved pest elimination methods.

Garbage shall mean animal and vegetable waste resulting from the handling, preparation, cooking, or consumption of food; and shall also mean combustible waste material or trash. The term shall also include paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings and other combustible materials.

Ground floor means that level of a dwelling, below the first floor, located on a site with a sloping or multilevel grade which has a portion of its floor line at grade.

Habitable room shall mean a room or enclosed floor space used or intended to be used for living, sleeping, or dining purposes, excluding such enclosed places as kitchens, bathrooms, toilet rooms, laundries, pantries, foyers, communicating corridors, closets, storage spaces, utility rooms, and similar spaces.

Hotel shall mean any dwelling wherein sleeping accommodations are offered for compensation to transients in five or more rooms. It does not include rooming houses.

Infestation shall mean the presence of any insects, rodents, or other pests within a dwelling or on the dwelling premises.

Inoperable motor vehicle shall mean a vehicle which cannot be driven upon the public streets for reasons including but not limited to being unregistered, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.

Kitchen shall mean an area used or intended to be used for cooking or the preparation of meals.

Kitchen sink shall mean a sink of a size and design adequate for the purpose of washing eating and drinking utensils, located in a kitchen, properly connected with a hot and cold water line.

Lavatory basin shall mean a hand washing basin which is properly connected with both hot and cold water lines and which is separate and distinct from a kitchen sink.

Living room shall mean a habitable room within a dwelling unit which is used, or intended to be used, primarily for general living purposes.

Multiple dwelling shall mean any dwelling containing three or more attached dwelling units.

Occupant shall mean any person over one year of age, including an owner or operator, living, sleeping, or cooking in or having actual possession of a dwelling, dwelling unit, or rooming unit.

Operator shall mean any person who rents to another or others or who has charge, care, or control of a building or part thereof, in which dwelling units or rooming units are let, or who has charge, care or control of any premises upon which no structures have been erected or upon which nondwelling structures are present.

Owner shall mean any person who, alone or jointly or severally with others:

1. Shall have legal title or equitable title to any premises upon which no structures have been erected or upon which nondwelling structures are present or has legal or equitable title to any dwelling, dwelling unit, or rooming unit; or

2. Shall have charge, care or control of premises upon which no structures have been erected or upon which nondwelling structures are present or has charge, care or control of any dwelling, dwelling unit, or rooming unit as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner.

Person shall mean and include any individual, firm, corporation, association, company, partnership, or organization of any kind.

Plumbing shall mean and include all of the following facilities and equipment per Wis. Stat. § 145.01(10): to include, but not be limited to, water pipes, garbage disposal units, waste pipes, toilets, sinks, installed dishwashers, lavatories, baths, catch basins, drains, vents, hot water heaters, and any other similar fixtures, together with all connections to water and sewer lines.

Premises shall mean a platted lot or part thereof or unplatted lot or parcel of land or plot of land, either occupied or unoccupied by any dwelling or nondwelling structure.

Recreational vehicle shall mean a vehicular type portable structure without permanent foundation which can be towed, hauled or driven and primarily designed as temporary living accommodations for recreational, camping and travel use and including, but not limited to, travel trailers, truck campers, camping trailers and self-propelled homes.

Rubbish shall mean combustible and noncombustible waste materials, except garbage. The term shall include the residue from the burning of wood, coal, coke, and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, and dust and other similar materials.

Strict liability offense shall mean an offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do.

Supplied shall mean paid for, furnished or provided by, or under the control of the owner or operator.

Temporary housing shall mean any tent, trailer, or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than 10 days in a 12-month period.

Toilet shall mean a water closet with a bowl and trap made in one piece which is of such shape and form and which holds a sufficient quantity of water so that no fecal matter will collect on the surface of the bowl and which is equipped with flushing rims which permit the bowl to be properly flushed and scoured when water is discharged through the flushing rims.

Workmanlike shall mean executed in a skilled manner, e.g., generally plumb, level, square, in line, undamaged, and without marring adjacent work.

Meaning of Certain Words. Whenever the words dwelling, dwelling unit, rooming house, rooming unit, hotel, or premises are used in this chapter, they shall be construed as though they were followed by the words “or any part thereof.”

(3) Inspection by Code Enforcement Officer.

(a) Inspection by Code Enforcement Officer. The Code Enforcement Officer shall make inspections to determine the condition of properties, dwellings, dwelling units, rooming units, and premises located within the City of Manitowoc, in order that he/she may perform his/her duty of safeguarding the health and welfare of the occupants of dwellings and of the general public.

(b) Dwellings Not Permitted. With the exception of an accessory dwelling unit, in no instance shall an accessory structure, tent, vehicle, shed, garage, or recreational vehicle be used as a dwelling or permanent residence. Temporary housing in a tent or recreational vehicle is permitted but not to exceed 10 days in any 12-month period unless such housing is located on a state-licensed campground.

(c) Access by Owner or Operator. Every occupant of a dwelling, dwelling unit, or rooming unit shall give the owner or operator thereof, or his/her agent or employee, access to any part of such dwelling, dwelling unit, rooming unit, or its premises, at all reasonable times, for the purpose of effecting such maintenance, making such repairs or making such alterations as are necessary to effect compliance with the provisions of this chapter or with any lawful rule or regulation adopted or any lawful notice or order issued pursuant to the provisions of this chapter.

(4) Enforcement – Service of Notices and Orders – Hearing.

(a) Service of Notices. Whenever the Code Enforcement Officer 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 chapter or of any rule or regulation adopted pursuant thereto, the Code Enforcement Officer shall give notice of such violation or alleged violation to the person or persons responsible therefor. Such notice shall:

1. Be written;

2. Include a description of the real estate sufficient for identification;

3. Include a statement of the reason or reasons why it is being issued;

4. Allow a reasonable time for the performance of any act it requires;

5. Be served upon the owner, owner’s agent, or the occupant, as the case may require. Such notice shall be deemed properly served upon such owner or occupant if a copy thereof is delivered to him/her personally; or by leaving a copy thereof at his/her usual place of abode, in the presence of a family member of suitable age and discretion who shall be informed of the content thereof; or by sending a copy thereof by first class or certified mail, with return receipt requested to his/her last known address; or, if the mailed copy is returned with a receipt showing that it was not delivered to the intended recipient, by posting a copy thereof in a conspicuous place in or about the dwelling affected by the notice. Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.

(b) Enforcement – Notices, Orders and Hearings. Any person affected by any notice issued in connection with the enforcement of any provision of this chapter or of any rule or regulation adopted pursuant thereto, may request in writing, and shall be granted, a hearing before the Building Board of Appeals on the matter. Any request shall set forth the grounds therefor, shall be filed within 20 days after the day the notice was served and shall be accompanied by a filing fee of $100.00. Within 10 days of receiving such request, the Code Enforcement Officer shall set a time and place for such hearing and shall give the petitioner written notice thereof and an opportunity to be heard.

Exception. The appeals process set forth in this subsection does not apply to citations or to convictions for offenses cited.

(c) Building Board of Appeals to Sustain, Modify or Withdraw Notices. After such hearing the Building Board of Appeals shall sustain, modify, or withdraw the notice, depending upon their finding as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with. The Board shall be guided by a policy of reasonable compliance in order to promote the public health and may, at its discretion, permit exceptions to provisions of this chapter so long as such exceptions are not contrary to the spirit of the chapter as a whole. The proceedings at such hearing, including the findings and decision of the Board, shall be summarized, reduced to writing and entered as a matter of public record in the office of the City Clerk. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Board may seek relief therefrom in any court of competent jurisdiction as provided by the laws of this State.

(5) Adoption of Rules and Regulations by the Code Enforcement Officer.

(a) Rules and Regulations Subject to Approval by Common Council. The Code Enforcement Officer is hereby authorized and empowered to make and adopt written rules and regulations necessary for the proper enforcement of the provisions of this chapter. Such rules and regulations shall be submitted by said Code Enforcement Officer, after consultation with the City Attorney, to the Common Council and, if approved by a vote of a majority of the members thereof, shall have the same force and effect as the provisions of this chapter, and the penalty for violation thereof shall be the same as the penalty for violation of the provisions of this chapter, as hereinafter provided. A copy of such rules and regulations shall be kept on file in the City Clerk’s office and in the municipal reference library.

(6) Minimum Standards for Exterior Property Areas. No person shall own or occupy a property that is not in a sanitary and safe condition and that does not comply with the requirements of this section.

(a) Sanitation. Exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property that such occupant occupies or controls in a clean and sanitary condition and free of material and equipment storage. Prohibited materials and equipment include, but are not limited to, yard waste, litter, animal feces, lumber, scrap metal, motor vehicle parts, discarded or nonfunctional household appliances, material and equipment not related to residential use and furniture. Owners or occupants shall take measures including daily cleanup of premises to prevent litter from being carried by the elements to adjoining premises. This regulation shall not apply to firewood when cut to fireplace or stove size lengths and neatly and tightly stored in the side or rear yard of a property, outside of any required setback area. Firewood shall be stored in an unobtrusive area and shall not be used as a screening device or fence.

(b) Grading, Drainage and Retaining Walls. Premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure. Approved retention areas and reservoirs are exempt from this requirement. All retaining walls shall be kept in a proper state of repair and maintained free from hazardous conditions.

(c) Sidewalks and Driveways. Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.

(d) Garbage and Recycling. The owner of any dwelling or dwelling unit shall supply the occupant(s) of the dwelling or dwelling unit with adequate garbage facilities or approved garbage storage containers whose type and location are available for the occupant’s or occupants’ use. Every occupant and/or owner shall dispose of all garbage, recycling, and other organic waste which might provide food for rodents in a clean and sanitary manner by placing it in approved garbage storage containers. Garbage and recycling receptacles, when stored outside, shall be leakproof, secure against rodents and have permanent, tight fitting covers. Garbage and recycling receptacles shall be stored in an unobtrusive area and shall be screened from off-premises view, except that they may be placed at the street for collection within 24 hours preceding and following the time for pickup. The owner shall remove all garbage, rubbish and recyclables or have such waste removed by a licensed hauler at least once a week.

(e) Compost and Yard Waste. Compost piles or yard waste holding bins shall be permitted, provided they are located and maintained in a manner that does not produce noxious odors or rodent harborage, nor shall they be allowed to deteriorate to a point of being an eyesore or nuisance.

(f) Extermination of Pests. The owner and/or occupant of a dwelling or dwelling unit shall be responsible for keeping structures and exterior property areas free from rodent harborage and pest infestation. Where rodents are found, they shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to eliminate rodent and pest harborage and prevent reinfestation.

(7) Minimum Standards for Building Maintenance. It shall be a violation of this section to own a building which does not comply with the requirements of this section.

(a) General. All structures shall be maintained in good repair, and shall be structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.

(b) Protective Treatment. Exterior surfaces, including, but not limited to, siding, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. Siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. Use of moisture barriers and insulation materials as a method of permanent protective treatment is prohibited and shall be allowed for no more than 30 days unless an extension is authorized by a Code Enforcement Officer.

(c) Premises Identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall not be less than three inches in height with a minimum stroke width of one-half inch.

(d) Foundation Walls. Foundation walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.

(e) Roofs and Drainage. The roof and flashing shall be sound, tight and not have defects that might admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.

(f) Chimneys. Every chimney, cooling tower, smokestack and similar appurtenances shall be adequately supported, reasonably clean, protected from deterioration and maintained in good condition.

(g) Stairways, Decks, Porches and Balconies. Every exterior stairway, ramp, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.

1. Any flight of stairs having more than three risers shall be provided with at least one handrail for the full length of the flight.

2. Guards shall be provided on all open sides of stairs consisting of more than three risers and on all open sides of areas that are elevated more than 24 inches above the floor or exterior grade.

(h) Handrails and Guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.

(i) Windows and Skylights. Every window and skylight shall be reasonably weathertight, watertight and rodent proof and shall be kept in reasonably good working condition. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. Windows located in whole or in part within six feet above ground level or a walking surface below that provide access to a dwelling unit, rooming unit, or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device. Every openable window and storm door shall be supplied with adequate 16-gauge screens to prevent entry of pests. Glazing materials shall be maintained free from cracks and holes. Every dwelling having a bedroom in the basement shall have at least one window which meets the requirements of Wis. Admin. Code SPS 321.03(6) and SPS 321.05(1) and (2).

(j) Doors and Door Assemblies. Exterior doors, door assemblies, operator systems, if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Doors providing access to a dwelling unit, rooming unit, or housekeeping unit that is rented, leased, or let shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a minimum lock through of one inch. Such deadbolt locks shall be installed according to manufacturer’s specifications and maintained in good working order. For purposes of this section, a sliding bolt shall not be considered an acceptable deadbolt lock.

(k) Basement Hatchways. Basement hatchways that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry.

(l) Accessory Structures. Accessory structures, including detached garages, fences and walls, storage sheds, kennels, play houses, tree houses, and similar structures shall be structurally sound, clean, sanitary, and maintained in good repair.

(8) Minimum Standards for Interior Structure. It shall be a violation of this section to own a building which does not comply with the requirements of this section.

(a) Interior Surfaces. Interior surfaces, including walls, windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected. Every interior wall or partition shall be capable of affording privacy, be structurally sound, and be kept in good, clean and sanitary condition.

(b) Stairs and Walking Surfaces. Every interior stair, ramp, landing, or other walking surface shall be maintained in sound condition and good repair.

1. Any flight of stairs having more than three risers shall be provided with at least one handrail for the full length of the flight.

2. Guards shall be provided on all open sides of stairs consisting of more than three risers and on all open sides of areas that are elevated more than 24 inches above the floor or exterior grade.

(c) Handrails and Guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.

(d) Interior Doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware.

(e) Exits. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Exits shall be provided to meet requirements of local and State building codes.

1. Any flight of stairs having more than three risers shall be provided with at least one handrail for the full length of the flight.

2. Guards shall be provided on all open sides of stairs consisting of more than three risers and on all open sides of areas that are elevated more than 24 inches above the floor or exterior grade.

(9) 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, for the purpose of living, sleeping, cooking, and/or eating of meals therein, which does not comply with the following minimum requirements:

(a) Kitchen. Every dwelling unit shall have a kitchen equipped with the following:

1. A kitchen sink in good working condition that is properly connected to heated and unheated water supplies and waste pipes. Any provided dishwasher and components of the sink, including disposal and water filtration devices, shall be in good working condition and properly connected.

2. A counter for food preparation and cabinets and/or shelves sufficient to store occupants’ food that does not require refrigeration and eating, drinking, and food preparation equipment. Cabinets shall be of sound construction and furnished with surfaces that are impervious to water, smooth, and cleanable.

3. A range for cooking food. The range shall be properly installed with all necessary connections for safe and efficient operation and shall be maintained in good working condition. The range shall include an oven unless both a separate oven, other than a microwave oven, and a cooktop are provided. A hot plate is not an acceptable substitute for burners on a range or cooktop. The range or cooktop shall have a vertical clearance of not less than 30 inches from above its surface to unprotected combustible material. Reduced clearances are permitted in accordance with the listing and labeling of the range hood.

Exception. If the lease or rental agreement does not provide for a range for cooking food, adequate connections for the occupant’s installation and operation of a range shall be provided.

4. Ventilation which shall be maintained in good working condition, of sufficient capacity to deliver fresh air and to remove moisture-laden or otherwise contaminated air generated during cooking. Range hoods shall be installed in accordance with manufacturer’s specifications.

5. A refrigerator with a freezer which shall be in good working condition and capable of maintaining a temperature less than 41 degrees Fahrenheit but more than 32 degrees Fahrenheit. The freezer section shall be capable of maintaining a temperature below zero degrees Fahrenheit.

Exception. If the lease or rental agreement does not provide for a refrigerator, adequate connections for the occupant’s installation and operation of a refrigerator shall be provided.

6. A kitchen floor in good condition with a sealed, water-resistant, nonabsorbent and cleanable surface.

(b) Bathroom. Every dwelling unit shall have a private bathroom equipped with the following:

1. A toilet in good working condition that is sealed to the waste pipe and affixed to the floor and properly connected to both the dwelling’s water supply and a waste pipe leading to an approved sewage system or private waste disposal system.

2. A sink in good working condition, with a stable connection to the wall or secure attachment to the floor that is properly connected to the heated and unheated potable water supply and a sealed trap leading to a waste pipe.

3. A bathtub or shower in good working condition that is properly connected to the heated and unheated potable water supply and a waste pipe. Every bathtub shall have a wall covering extending at least 48 inches above the joint between the bathtub and wall, and every shower shall have a wall covering extending at least 72 inches above the floor of the shower stall, which is cleanable, nonabsorbent, and reasonably impervious to moisture. Such materials shall form a watertight joint with each other and with the bathtub or shower.

4. A bathroom floor that is so constructed and maintained as to be reasonably impervious to moisture and all such floor and floor coverings shall be kept in a clean and sanitary condition.

5. Bathroom ventilation in accordance with Wis. Admin. Code SPS 323.02(3)(d).

(c) Maintenance of Supplied Plumbing Fixtures. Every supplied plumbing fixture, water distribution system and waste or vent pipe shall be properly installed and maintained in good, sanitary working condition.

(d) Safe and Effective Functioning of Supplied Facilities. Every supplied facility, piece of equipment, or utility which is required under this chapter shall be so constructed or installed that it will function properly and shall be maintained in reasonably good working condition.

(e) Discontinuance of Required Services, Facilities, Equipment, or Utilities. No owner or operator shall cause any service, facility, equipment, or utility which is required to be supplied under the provisions of this chapter to be removed from, or shut off from, or discontinued for any occupied dwelling or dwelling unit let or occupied by him/her, except for such temporary interruption as may be necessary while actual repairs, replacements, or alterations are in the process of being made.

(10) 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 for the purpose of living therein which does not comply with the following requirements:

(a) Natural Light. Every habitable room shall be provided with natural light by means of glazed openings per Wis. Admin. Code SPS 321.05(1).

(b) Adequate Ventilation Required. Every habitable room shall be provided with natural ventilation per Wis. Admin. Code SPS 321.05(2).

(c) Electric Outlets Required. Every electrical receptacle, switch and fixture shall be maintained in reasonably good working condition, and shall be installed according to applicable electrical codes and manufacturer’s instructions.

(d) Heating Facilities. Every dwelling shall be equipped with a heating system. The system shall be properly installed, maintained in reasonably good working condition, and capable of adequately heating all habitable rooms, kitchens, bathrooms, and toilet rooms contained therein, or intended for use by the occupants thereof, to a temperature of at least 70 degrees Fahrenheit, at a distance three feet above floor level when the outdoor temperature is at or above 15 degrees below zero Fahrenheit. Every central heating system must be listed by a recognized testing agency and shall comply with all of the following requirements:

1. The central heating unit shall be in reasonably good operating condition;

2. Every heat duct, steam pipe and hot water pipe shall be free of leaks and shall function so that an adequate amount of heat is delivered where intended;

3. Every seal between the sections of a hot air furnace shall be tight so noxious gases will not escape into heat ducts. Every supplied space heater must be listed by a recognized testing agency and shall comply with all of the following requirements:

A. No space heater burning solid, liquid, or gaseous fuels shall be a portable type;

B. Every space heater burning solid, liquid or gaseous fuels shall be properly vented to a chimney or duct leading to outdoor space;

C. Every coal, wood or other approved combustible material burning space heater shall have a fire-resistant panel, extending a minimum of 18 inches on all sides, beneath it;

D. Every space heater location shall comply with Wis. Admin. Code SPS 323.04; and

E. Every space heater chimney connector shall comply with Wis. Admin. Code SPS 323.045(4).

(e) Lighting of Public Halls and Stairways. Every public stairway, passageway or exit door in every dwelling containing four or more dwelling units shall be adequately lighted by means of properly located electric light fixtures from one hour before sunset to one hour after sunrise. Every public hall and stairway in dwellings containing two or three dwelling units shall be supplied with convenient light switches controlling an adequate lighting system which may be turned on when needed, instead of full-time lighting.

(11) Minimum Space, Use and Location Requirements. 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:

(a) Repealed by Ord. 18-993.

(b) Minimum Ceiling Height. The minimum ceiling height of every dwelling unit shall be in accordance with Wis. Admin. Code SPS 321.06, and the floor area of that part of any room where the ceiling height is less than five feet shall not be considered a part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof.

(c) Minimum Floor Area for Dwelling Unit. Every dwelling unit consisting of only one habitable room shall contain at least 120 square feet of habitable room floor area.

(d) Minimum Floor Area for Occupancy by More Than One Occupant. No dwelling unit containing less than 170 square feet of habitable room floor area shall be occupied by more than one occupant; provided, that if a dwelling unit consisting of only one habitable room has a closet with a minimum ceiling height of six feet, contained within the dwelling unit and connected thereto with a doorway or other similar opening, the actual floor area of the closet, up to and including a maximum of 20 square feet, shall be included in computing the habitable room floor area of the dwelling unit.

(e) Maximum Occupancy for One-Room Dwelling Unit. No dwelling unit consisting of only one habitable room shall be occupied by more than two occupants.

(f) Maximum Occupancy for Dwelling Units of Two or More Rooms. No dwelling unit consisting of two or more rooms shall be occupied by more occupants than the total number which is calculated on the following basis:

Type of Room	Occupancy Subtotal
1. Kitchen	0
2. Each habitable room containing less than 70 square feet of floor area	0
3. Each habitable room containing at least 70 but less than 100 square feet of floor area	1
4. Each habitable room containing 100 or more square feet of floor area	2

(g) Arrangement of Sleeping, Bath and Toilet Rooms. No dwelling or dwelling unit containing two or more sleeping rooms shall have such room arrangements that access to a bathroom or toilet room intended for use by occupants of more than one sleeping room can be had only by going through another sleeping room; nor shall room arrangements be such that access to a sleeping room can be had only by going through another sleeping room or a bathroom or toilet room.

(h) Cellar Space Not Habitable. No cellar space shall be used as a habitable room or dwelling unit.

(i) Basement Space May Be Habitable. No basement space shall be used as a habitable room or dwelling unit unless:

1. The floor and walls are of waterproof and damp proof construction;

2. The total of window area in each room is equal to at least the minimum window area sizes as required in Wis. Admin. Code SPS 321.05(1);

3. Exiting from the basement shall be in accordance with Wis. Admin. Code SPS 321.03(5) and/or (6);

4. The total of openable window area in each room is equal to at least the minimum as required under Wis. Admin. Code SPS 321.05(2), except where there is supplied some other approved device affording adequate ventilation.

(j) Occupants to Have Access to Sanitary Facilities. Every occupant of every dwelling shall have unrestricted access to a kitchen sink, toilet, bath and lavatory basin, required in accordance with the provisions of subsection (9) of this section.

(12) Hotels. Hotel permits and inspections shall be the same as provided in the Wisconsin Statutes.

(13) Residential Inspection Program.

(a) Properties Subject to Inspection. All residential dwelling units within the City of Manitowoc are subject to interior and exterior inspection to ensure compliance with minimum housing standards, including owner-occupied homes and rental properties.

(b) Inspection Considerations. The following factors will be considered by the Code Enforcement Officer when determining which residential dwelling units warrant inspection:

1. Age of building;

2. Number of complaints received by the City;

3. Condition of building’s exterior and surrounding areas;

4. Whether the property contains any rental units;

5. Any other factor(s) which give reason to believe the dwelling unit is in violation of minimum housing standards.

(c) Notice. Whenever the Code Enforcement Officer determines an interior inspection of a residential dwelling unit is warranted, the Department shall give written notice of the intent to inspect to the occupant and/or owner if different. The owner and/or occupant shall, within five business days, arrange an inspection appointment or shall notify the Code Enforcement Officer of his/her intent to refuse inspection. The Code Enforcement Officer may only enter the dwelling unit between the hours of 7:30 a.m. and 4:30 p.m. unless another time is agreed to by the Code Enforcement Officer and the occupant and/or owner. The Code Enforcement Officer may only enter the dwelling unit if given permission to do so by the occupant and/or owner or when authorized to do so pursuant to Wis. Stat. § 66.0119.

(d) Penalties. Any person who fails to correct violations identified during an inspection pursuant to this chapter within the time period agreed to by the Code Enforcement Officer shall be subject to a forfeiture of not less than $20.00 nor more than $2,000 for each violation. Each day of a violation shall be considered a separate offense.

(14) Minimum Maintenance Requirements for Vacant Buildings.

(a) It shall be unlawful to accumulate or permit the accumulation of junk, trash, debris, boxes, lumber, scrap metal or any other materials that may produce any health, fire, or safety hazard, or that may provide harborage for rodents or other animals.

(b) Every foundation, roof, floor, wall, stair, ceiling, or other structural support shall be safe and capable of supporting the loads associated with normal usage and shall be kept in sound condition and repair.

(c) Any plumbing fixtures, including those used for operation of a sprinkler system, shall be maintained with no leaking pipes, and all pipes for water shall either be completely drained or heated to resist being frozen.

(d) Every exterior door or opening large enough for a person to penetrate shall be secured with a lock or with a locking mechanism deemed equivalent or better by the Code Enforcement Officer. Every exit door shall be capable of being opened from the inside easily and without the use of a key or special knowledge.

(e) A working fire department lockbox (Knox Box) key shall be provided and maintained for buildings that otherwise would require a Knox Box.

(f) All life safety systems including but not limited to alarm systems, egress doors, exit lights, emergency lighting, sprinkler systems, and fire extinguishers shall remain operational.

(g) Exterior and interior stairs shall have treads, platforms, risers and railings that are sound, securely fastened and have no rotting, loose or deteriorating supports.

(h) Every owner shall be responsible for the extermination of insects, rodents and other vermin in or about the premises.

(i) Any opening on a building shall be closed and sealed to prevent damage from weather or nature.

(j) Boarding of vacant properties as a method of permanent security or closing of openings is prohibited. Temporary boarding for emergency purposes shall be allowed for no more than 30 days.

(15) Unsafe Buildings. Wis. Stat. § 66.0413 is adopted and incorporated by reference. No person shall occupy or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which has been deemed unsafe or unfit for occupancy or use by the Code Enforcement Officer. Any building or structure to be razed shall comply with MMC 16.070.

(16) No Impairment of Authority. Nothing in this chapter shall be construed or interpreted to in any way impair or limit the authority of the City of Manitowoc to define and declare nuisances or to cause the removal or abatement of nuisances by summary proceedings or other appropriate proceedings.

(17) Chapter Does Not Abrogate Provisions of Building Code. The provisions of this chapter shall not abrogate the responsibility of any person to comply with any provisions of the Wisconsin Commercial Building Code and the building and zoning code of the City of Manitowoc.

(18) Effect of Partial Invalidity. If any subsection, sentence, clause, phrase, or other part of this section is for any reason held to be void or invalid, such decision shall not affect the validity of the remaining portions of this section. The Common Council hereby declares that it would have passed this section and each subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more subsections, sentences, clauses or phrases or other parts be declared void or invalid.

(19) Penalties. Violations of this section shall be punishable by a forfeiture of not more than $2,000. Each day a violation exists or continues to exist shall constitute a separate offense.

[Ord. 23-740 § 1, 2023; Ord. 18-993 § 1, 2018; Ord. 17-1219 § 2, 2018; Ord. 11-353 § 1, 2011; Ord. 07-368 §§ 1 – 8, 2007. Prior code § 16.15]