CHAPTER 27

CHAPTER 27

MINIMUM HOUSING AND PROPERTY MAINTENANCE CODE

Section

27.01 Title.

27.02 Intent and Purpose.

27.03 Rules and Definitions.

27.04 Minimum Standards for Basic Equipment, Lighting, Ventilation, Heating,

and Electrical Service.

27.05 Safe and Sanitary Maintenance of Property.

27.051 Energy Code for Residential Rental Properties. (Cr. by Ord. 7670,

3-22-82)

27.06 Quantity, Location and Use of Space in Residential Buildings.

27.07 Fixing the Responsibility of Owners, Operators, and Occupants and

Providing Licenses for Residential Buildings.

27.08 Designation of Unfit Buildings or Structures and Legal Procedures of

Repair or Razing.

27.09 Administration and Enforcement.

27.10 Reserved for Future Use. (R. by Ord. 11,611, Adopted 5-21-96)

27.101 Reserved for Future Use. (R. by Ord. 11,960, Adopted 11-4-97)

27.102 Reserved for Future Use. (R. by Ord. 10,356, 1-23-92)

27.11 Penalties.

27.12 Separability.

27.13 Conflict of Ordinance.

History: Created by Ordinance 1857, adopted August 12, 1965.

27.01 TITLE. This code shall be known as the Minimum Housing and Property

Maintenance Code.

27.02 INTENT AND PURPOSE.

(1) This ordinance is adopted for the purpose of preserving and promoting the

public health, safety, morals, comfort, convenience, prosperity, and general welfare

of the people of the City and environs. This includes, among others, physical,

aesthetic, spiritual and monetary values.

(2) It is recognized 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, overcrowded,

inadequately maintained or lacking in basic equipment or facilities, light, ventilation

and heating so as to constitute a menace to the health, safety, and general welfare

of the people. The establishment and enforcement of minimum housing and

property maintenance standards is necessary to preserve and promote the private

and public interest.

27.03 RULES AND DEFINITIONS.

(1) Rules. In the construction of this ordinance, the rules and definitions

contained in this section shall be observed and applied except when the context

clearly indicates otherwise:

(a) Words used in the present tense shall include the future.

(b) Words used in the singular number shall include the plural number, and the

plural the singular.

Sec. 27.03(1)(d) MINIMUM HOUSING AND PROPERTY MAINTENANCE CODE

(d) The word "may" is permissive.

(e) The phrase "used for" shall include the phrases "arranged for", "designed

for", "intended for", "maintained for", and "occupied for".

(2) Definitions.

Adequate. "Adequate" shall mean adequate as determined by the

administrative officer under the regulations of this chapter or adequate as

determined by an authority designated by law or this chapter. "Adequately" shall

mean the same as adequate.

Apartment. "Apartment" means one (1) or more rooms with provisions for

living, cooking, sanitary and sleeping facilities arranged for use by one (1) family.

Approved. "Approved" shall mean approved by the administrative officer under

the regulations of this chapter or approved by an authority designated by law or this

chapter.

Attractive Appearance. "Attractive appearance" refers to the exterior

appearance of buildings, structures, stairs, porches, and similar appurtenances

and the improvement, planting and landscaping of yards and vacant areas. The

determination of "attractive" used herein shall be as determined by the

administrative officer under the regulations of this chapter or as determined by an

authority designated by law or this chapter.

Basement. "Basement" means that portion of a dwelling between floor and

ceiling which is below or partly below and partly above grade but so located that

the vertical distance from the grade to the floor below is more than the vertical

distance from grade to ceiling. (Am. by Ord.7759, 7-2-82)

Boarding House. See Lodging House and Lodging Room.

Building. "Building" means a combination of materials to form a construction

that is safe and stable, and adapted to permanent or continuous occupancy for

assembly, business, educational, high hazard, industrial, institutional, mercantile,

residential, or a storage purpose; the term "building" shall be construed as if

followed by the words "or portion thereof". For the purpose of this Code each

portion of a building completely separated from other portions by an unpierced fire

wall shall be considered as a separate building.

Capacity in Persons. The "capacity in persons" of a building is the maximum

number of persons that can occupy such building, as determined by the required

floor space per person as established in the Madison General Ordinances.

Compliance Inspection. An inspection performed in conjunction with a lawful

order of the Director of the Inspection Unit for the purpose of certifying the

fulfillment of an official requirement listed in the order. (Cr. by Ord. 9938, 1-25-90)

Cooperative Living Arrangement. A cooperative living arrangement shall mean

a collective number of individuals connected by membership in a cooperative, who

equally share ownership, occupancy and control of a dwelling and who live, cook

and share expenses as a bona fide single housekeeping unit. For purposes of

determining the applicability of the Madison General Ordinances relating to

construction and maintenance of buildings, a building occupied by a cooperative

living arrangement shall be construed to be a lodging house and shall meet all the

requirements of same, except where an exception is explicitly provided in the

ordinances.

(Cr. by Ord. 7740, 5-28-82)

Rev. 12/15/97 27 - 2

Dwelling. "Dwelling" is a place of abode, a residence or a house for use by

one (1) or more persons, excluding hotels or motels.

Dwelling Unit. "Dwelling unit" means one or more rooms with provisions for

living, cooking, sanitary, and sleeping facilities arranged for use by one (1) family.

Extermination. "Extermination" shall mean elimination of infestation. (Am. by

Ord. 10,627, 4-16-93 & 4-21-93)

Family. A family is an individual, or two (2) or more persons related by blood,

marriage or legal adoption living together as a single housekeeping unit in a

dwelling unit, including foster children, domestic servants and not more than four

(4) roomers, except that the term family shall not, in R1, R2, R3, R4A and R4L

residence districts, include more than one roomer except where such dwelling unit

is owner-occupied. In any residence district, a family may consist of two unrelated

adults and the minor children of each. Such family may not include any roomers

except where the dwelling unit is owner-occupied. For the purpose of this section,

"children" means natural children, grandchildren, legally adopted children,

stepchildren, foster children, or a ward as determined in a legal guardianship

proceeding. Up to two (2) personal attendants who provide services for family

members or roomers who, because of advanced age or a physical or mental

disability, need assistance with activities of daily living shall be considered part of

the "family". Such services may include personal care, housekeeping, meal

preparation, laundry or companionship. (Am. by Ord. 9698, 1-26-89 & 1-31-89)

Friable Material. "Friable material" shall mean any material applied on

ceilings, walls, structural members, piping, duct work, or any other part of a

building which when dry may be crumbled, pulverized, or reduced to powder by

hand pressure. The term includes non-friable material after such previously

non-friable material becomes damaged to the extent that when dry it may be

crumbled, pulverized, or reduced to powder by hand pressure. (Cr. by Ord. 9795,

5-31-89)

Good Working Condition. "Good working condition" shall mean capable of

performing the task for which it was designed and in the manner intended by this

code.

Graffiti. Any unauthorized drawing, figure, inscription, or painting appearing on

sidewalks, streets, walls or any other place in public view. (Cr. by Ord. 10,158,

12-14-90)

Habitable Room. "Habitable room" is any room or enclosed floor space

arranged for living and/or sleeping purposes. (Am. by Ord. 11,220, 3-31-95)

Impervious to Water. "Impervious to water" shall mean constructed of

concrete, cement block, terrazzo, brick, tile, or other material approved by the

Director of the Inspection Unit, and having tight fitting joints, and not having more

than four and one-half percent (4 1/2%) absorption by test. (Am. by Ord. 8081,

7-29-83)

Infestation. "Infestation" means the sustained presence of pests, vermin, or

rodents. (Am. by Ord. 10,627, 4-16-93 & 4-21-93)

Living Room. "Living room" shall mean a room used primarily for living, dining

or cooking purposes.

Lodging House. "Lodging house" is a dwelling containing lodging rooms that

will accommodate five (5) or more persons not members of a family.

Lodging Room. "Lodging room" is a portion of a dwelling used primarily for

sleeping and living purposes, excluding cooking facilities.

Mixed Occupancy. "Mixed occupancy" shall be occupancy of a building in

part for residential use and in part for some other use not accessory thereto.

Occupant. "Occupant" means one who occupies or has actual possession of

usable space.

Operator. "Operator" shall mean any person who has charge or control of a

building or part thereof in which dwelling units or lodging rooms are located or let.

Owner. The term "owner" shall mean every person, firm, partnership, or any

individual member thereof, corporation, business organization of any kind, the

state, the county, the city, any sewer district, drainage district, the University of

Wisconsin and any associated corporation or organization, and any other public or

quasi-public corporation having a legal or equitable interest in the property under

consideration and shall include the representative, officer, agent or other person

having the ownership, control, custody or management of any building. Owner

does not include any person whose legal or equitable interest in the building is a

security interest derived solely from the extension of credit to permit construction

or remodeling of the dwelling or purchase of the dwelling by a third party. (Am. by

Ord. 9640, 12-14-88)

Person. A "person" shall mean and include any individual, firm, corporation,

association or partnership.

Properly. "Properly" shall mean as deemed proper by the administrative officer

under the regulations of this chapter or deemed proper by an authority designated

by law or this chapter.

Provided. "Provided" shall mean furnished, supplied, paid for or under control

of the owner.

Residential Building. A "residential building" is a building which is arranged,

designed, used, or intended to be used for residential occupancy by one (1) or

more families or lodgers, and which includes, but is not limited to, the following

types:

1. Single-family detached dwellings.

2. Two-family detached dwellings.

3. Multiple-family dwellings (including apartment hotels).

4. Lodging houses.

5. Fraternity and sorority houses.

For the purpose of this ordinance, any building containing any of the above

uses together with other uses shall be considered a residential building.

Room. A room is a partitioned part of the inside of a building. For the purpose

of this definition, partition shall mean something that divides interior space,

especially an interior dividing wall. A wall is one of the sides of a room or building

connecting floor and ceiling and may also include anything which encloses or

separates space. A partition or wall which intrudes into the space by more than

one-third (1/3) of the least dimension of an existing room may be regarded as

creating an additional separate room. The partitioned space shall be considered

as a room if privacy is implied; light and ventilation are affected; or a bedroom

through a bedroom, bathroom through a bedroom or bedroom through a bathroom

situation is created. (Cr. by Ord. 9391, 1-29-88)

Rooming House. See Lodging House and Lodging Room.

Sleeping Room. A "sleeping room" shall mean a room used for sleeping

purposes.

Structure. "Structure" is anything constructed or erected, the use of which

requires more or less permanent location on the ground, or attached to something

having permanent location on the ground.

Supplied. "Supplied" shall mean paid for, furnished, or provided by or under

control of, the owner or operator.

27.04 MINIMUM STANDARDS FOR BASIC EQUIPMENT, LIGHTING,

VENTILATION, HEATING, AND ELECTRICAL SERVICE.

(1) The purpose of this subsection is to establish minimum standards for basic

equipment, lighting, ventilation, and electrical services for all residential buildings

and parts thereof and to obtain the public and private benefits accruing from the

provision of such services. A suitable environment for safe and healthy living is

encouraged by adequate water and sanitary facilities, proper storage and disposal

of garbage and other refuse, safe means of egress, provision of light, air, heat, and

electrical service.

(2) No person shall occupy as owner or let to another for occupancy any space

in a residential building for the purpose of living, sleeping, cooking or eating therein,

which does not comply with the following requirements:

(a) Every dwelling unit shall contain a kitchen sink, a flush water closet, a

lavatory basin and a bathtub or shower, all in good working condition and properly

connected to hot and cold water lines and to an approved water and sewer

system. The flush water closet and bathtub or shower shall be contained within a

separate room. Water pressure shall be available at all fixtures as specified in

Wis. Admin. Code ILHR 82.40. (Am. by Ord. 9299, 10-29-87)

(b) Every residential building shall have supplied water heating facilities which

are properly installed, are maintained in safe and good working conditions, are

properly connected with the hot water lines required hereunder and are capable of

heating water to such a temperature as to permit an adequate amount of water to

be drawn at any required kitchen sink, lavatory basin, bathtub or shower at a

temperature of not less than one hundred twenty (120) degrees Fahrenheit.

such building with garbage and refuse storage facilities as required by the Madison

General Ordinances. (Am. by Ord. 9725, 3-2-89)

(d) Every dwelling unit and lodging room shall have direct access to at least

two (2) accessible unobstructed means of egress leading to a safe and open public

street, alley, or court connected to a street, except as provided in Madison General

Ordinances Sec. 27.06(4). Exterior stairways or exit platforms, or a combination

thereof, will be permitted as second exits provided the platform or stairways

terminate at a point not more than fifteen (15) feet above the grade directly below

the lowest platform. All stairs shall terminate at grade or a platform. Platforms

shall have a minimum area of 14 square feet with a minimum dimension of three (3)

feet. All stairways and platforms shall be protected with handrails and guardrails

as specified in Wis. Admin. Code Secs. Comm 21.04(2) or Comm 51.161 and

Comm 51.162 and Comm. 66.40 as dictated by the type of occupancy in the

building. Existing variances to the height limitations specified above may be

approved by the Inspection Unit of the Department of Planning and Development

provided the platforms or stairs are maintained in a sound structural condition.

(Am. by Ord. 9326, 11-13-87)

(e) Each lodging house shall provide at least one (1) flush water closet,

lavatory basin, and bathtub or shower, properly connected to an approved water

and sewer system and in good working condition, for each seven (7) persons or

fraction thereof residing therein including members of the operator's family wherever

they share the use of said facilities, except that the required number of bathtubs or

showers may be reduced by the Board of Building Code, Fire Code and Licensing

Appeals for lodging houses utilizing communal bathrooms containing multiple

bathtubs or showers. All such facilities shall be located on the floor occupied by

persons sharing such facilities or the floor directly above or below and shall be

accessible from a common hall or passageway. Every lavatory basin and bathtub

or shower shall be supplied with hot water at all times. (Am. by Ord. 11,960,

Adopted 11-4- 97)

(f) Every living, sleeping, kitchen or bath room shall have available natural light

and ventilation complying with Comm 21.05 or Comm 57.13, Comm 66.46 and

Comm 66.60 as dictated by the occupancy of the building. Existing light and

ventilation conditions which do not comply with Comm Codes may remain in use

with the approval of the Director of the Inspection Unit.

Exhaust ventilation shall be installed in all toilet rooms except those having

only one (1) fixture (water closet or one urinal) and the window area is greater than

four (4) square feet and more than two (2) square feet is openable directly to the

exterior of the building. The volume of air exhausted shall not be less than two (2)

cubic feet per minute per square foot of floor area.

All doors required for ventilation and all windows shall be protected with

insect screen equivalent to not less than sixteen (16) wire mesh installed to

prevent the entrance of flies, mosquitoes and other insects, annually during May

before June 1 and maintained until storm windows are installed in autumn.

All exterior doors and windows shall have storm windows or storm doors

installed or maintained to prevent excessive drafts and heat loss no earlier than

October 15, but no later than November 15 annually.

(Sec. 27.04(2)(f) Am. by Ord. 12,349, 3-30-99)

(g) Electrical. Every dwelling unit and all public and common areas in multiple

dwellings shall be supplied with electrical service, outlets, and fixtures which shall

be properly installed, shall be maintained in good and safe working condition, and

shall be connected to a source of electric power in a manner prescribed by the

Wisconsin Electric Code. The minimum capacity of such electrical services and

the minimum number of outlets and fixtures shall be as listed below. (For the

purposes of this section "electrical service" shall mean: "The conductors and

equipment for delivering electrical energy from the supply system to the wiring

system of the premises or the unit served".) The electrical service shall be of

sufficient size to handle the load connected to it. The branch circuits shall be

protected by S-type or equivalent safety type, tamper-proof fuses, not to exceed

the ampacity of the smallest wire size in the circuit.

1. Every dwelling unit or room shall have electric service capable of providing

at least three (3) watts per square foot of total floor area (air conditioners, ranges,

space heaters and motor driven equipment 1/8 hp. or over excluded).

2. Every lavatory, bathroom, kitchen or kitchenette, dining room, laundry

room, furnace room shall contain at least one (1) approved ceiling or wall type

electric light fixture equipped with sufficient lamps or tubes to provide no less than

five (5) foot candles at floor level at center of room. Where more than one fixture is

used or required, they shall be equally spaced as far as practicable. (A switched

outlet may be substituted for ceiling or wall fixture in dining room.)

3. Convenience outlet receptacles shall be provided as follows:

(measurements are at room perimeter and include doors and door-alcoves)

Living Room - 1 per 75 sq. ft. or major fraction (minimum of 2)

Dining Room - 1 per 75 sq. ft. or major fraction (minimum of 2)

Kitchen - 1 per 8 ft. or fraction of countertop and preparation area measured

at rear (preparation area includes countertops, sinks, range tops, and all other

similar areas at counter height). Island type work areas require one for each 8 ft.

or less of length. Separate outlets shall be provided for refrigerators.

Dining Areas in Kitchen - 1 per 75 sq. ft. or major fraction

Bedroom - 1 per 75 sq. ft. or major fraction (minimum of 2)

Laundry - 1 (when laundry equipment is present)

Bathrooms and Lavatories - 1 (may be part of wall fixture if 72.0 inches or

less from floor)

Other Habitable Rooms - minimum of 2

Fixed appliances exceeding 1/8 hp. or 300 watts rating shall not be

connected to general purpose branch circuits. Convenience outlets are to be

located to prevent use of extension cords (NEC 400-8). All cords and temporary

wiring not in compliance with NEC Article 400-A, and all exposed abandoned wiring

shall be removed.

(Am. by Ord. 9326, 11-13-87)

4. Switches or equivalent devices for turning on any light required in a room or

passageway shall be located so as to conveniently control the area to be lighted.

(Am. by Ord. 10,192, 1-31-91)

5. Public halls and stairways in duplex or multiple dwellings shall be

adequately lighted by natural or electric light at all times, so as to provide in all

parts thereof at least two and one-half (2 1/2) footcandles of light at the tread or

floor level. Halls and stairways in structures containing not more than three (3)

dwelling units may be supplied with conveniently located switches, controlling the

lighting system, which may be turned on when needed. Other occupancies require

full-time or automatic time-switched lighting. In all residential buildings where

common main entrance doors open directly to the outside, a minimum of two and

one-half (2.5) footcandles of illumination at the locks and latches are required. In

single, duplex, or multiple dwellings when dwelling unit or lodging room doors open

to the outside a minimum of two and one-half (2 1/2) footcandles of illumination at

the locks are required. Parking lots for more than three (3) cars shall be lighted to

provide at least .25 footcandle on any surface in the lot with an average illumination

level of at least .75 footcandle, except that the outer four (4) feet of the periphery of

the parking lot will not be subject to the .25 footcandle minimum. Outdoor light

fixtures shall be designed and installed to eliminate spill light and glare into

adjacent properties. (Am. by Ord. 12,349, 3-30-99)

6. When the service in an existing residential building is changed the

minimum replacement electrical service shall be:

100 amp for first two (2) dwelling units in a building

50 amp for each additional unit.

Where electric heat and air conditioner over 20 amps are added or in place,

additional capacity to cover this demand is required.

7. Electric work shall be done according to applicable sections of Chapter 19

(Electrical Code) of the Madison General Ordinances.

(Sec. 27.04(2)(g) Rescinded & Substituted by Ord. 4832, 1-16-75; Am by Ord.

12,069. 3-30-99)

(h) Heating. All habitable rooms, kitchens and bathrooms shall be provided

with a permanently connected heating system complying with Chapter 30 (Heating,

Ventilating and Air Conditioning Code) of the Madison General Ordinances. Refer

to Sec. 30.03(1) and Sec. 30.04(4)(d).

The heating system shall be maintained in a safe and efficient condition by a

qualified person and a record kept at the premises showing the date of service and

by whom. A minimum temperature of sixty-seven degrees Fahrenheit (67°) shall

be maintained in all habitable rooms, kitchens and bathrooms.

The occupant of a room or an apartment may maintain a lesser temperature

than is specified above as long as it does not affect the temperature in other

habitable areas of the building.

(Sec. 27.04(2)(h) Am. by Ord. 9326, 11-13-76)

(i) Illumination shall be provided at all intersections of passageways, at all exits

and at the head, foot, and landings of every stairway in all buildings

accommodating transients, three (3) or more apartments, and lodging houses. The

illumination shall be provided during a period one (1) hour before sunset to one (1)

hour after sunrise.

Every residential building that will accommodate transients, four (4) or more

families, thirty (30) persons or contains more than six (6) lodging rooms shall have

signs at the emergency exit doors or other places as may be necessary to direct

the occupant to the exit doorways. The signs shall be red illuminated translucent

exit signs bearing the word EXIT or OUT in plain letters not less than 5 inches in

height.

(Am. by Ord. 9326, 11-13-87)

(j) The owner or operator of every residential building shall not provide, use, or

permit to be used and the occupant shall not provide, use, or permit to be used in

any room other than a kitchen, any equipment designed or intended to be used for

cooking or preparation of meals. (Am. by Ord. 5139, 9-3-75)

(k) Every owner of a multi-family dwelling shall make available to the occupants

the names of two (2) or more persons that may be called to arrange for emergency

work. The names with the telephone numbers shall be posted in a conspicuous

place readily accessible to the occupants. The names with the telephone numbers

shall be revised periodically to maintain accurate information at all times. (Cr. by

Ord. 5439, 3-30-76)

27.05 SAFE AND SANITARY MAINTENANCE OF PROPERTY.

(1) The purpose of this subsection is to recognize the private and public

benefits resulting from the safe, sanitary and attractive maintenance of residential

and nonresidential buildings, structures, yards, or vacant areas. Attractive and well

maintained property will enhance the neighborhood and City and provide a suitable

environment for increasing physical and monetary values.

(2) Every owner or operator shall improve and maintain all property under his

control to comply with the following minimum requirements:

(a) All courts, yards, or other areas on the premises shall be properly graded

to divert water away from the building. Adjacent ground surface shall be sloped

away from the structure with a grading of at least one-half (1/2) inch per foot for a

minimum of five (5) feet where possible or by other means such as eaves troughs

and downspout extensions. (Am. by Ord, 6251, 5-18-78)

(b) All exterior property areas shall be kept free from noxious weeds as defined

in Sec. 23.29(1) of these ordinances. (Am. by Ord. 11,298, 7-11-95)

areas shall be properly maintained in a clean and sanitary condition free from

debris, rubbish or garbage, physical hazards, rodent harborage and infestation, and

animal feces. All animal feces shall be removed within twenty-four (24) hours.

Compost piles shall be maintained in accordance with Section 7.361. (Am. by

Ord. 11,168, 2-14-95)

(d) Fences, structures, minor construction, walks, driveways, parking areas

and similar paved areas shall be properly maintained in a safe, sanitary and

substantial condition. Approved walks shall provide convenient all weather access

to buildings. (Am. by Ord. 10,377, Adopted 2-4-92)

(e) Exterior surfaces of buildings and structures not inherently resistant to

deterioration shall be treated with a protective coating of paint or other suitable

preservative which will provide adequate resistance to weathering and maintain an

attractive appearance. Any exterior surface treated with paint or other preservative

shall be maintained so as to prevent chipping, cracking or other deterioration of the

exterior surface or the surface treatment and to present an attractive appearance.

All paint or other preservative shall be applied in a workmanlike fashion. (R. &

Recr. by Ord. 4289, 8-13-73)

(f) Landscaping, plantings and other decorative surface treatments, including

common species of grass, shall be installed if necessary and maintained to

present an attractive appearance in all court and yard areas. Except with prior

application to and approval of a land management plan from the Department of

Planning and Development of the City of Madison, lawns shall be maintained to a

height not to exceed eight (8) inches in length. Plantings shall be maintained so

as not to present hazards to adjoining properties or to persons or vehicles traveling

on public ways and shall be maintained so as to enhance the appearance and

value of the property on which located and thereby the appearance and value of the

neighborhood and City.

1. Application for Natural Lawn. Any owner or operator of land in the City of

Madison may apply for approval of a land management plan for a natural lawn, one

where the grasses exceed eight (8) inches in height, with the Department of

Planning and Development.

2. "Land Management Plan" means a written plan relating to management of

the lawn which contains a legal description of the lawn upon which the grass will

exceed eight (8) inches in length, a statement of intent and purpose for the lawn, a

general description of the vegetational types, plants, and plant succession involved,

and the specific management and maintenance techniques to be employed. The

management plan must include provisions for cutting at a length not greater than

eight (8) inches the terrace area, that portion between the sidewalk and the street

or a strip not less than four (4) feet adjacent to the street where there is no

sidewalk, and at least a three (3) foot strip adjacent to neighboring property lines

unless waived by the abutting property owner on the side so affected.

All lawn and grass areas shall be cut between June 30 and October 15 when

the Fire Chief, in his discretion, so orders consistent with his powers as granted in

Chapter 34 of the Madison General Ordinances.

3. Revocation of the Land Management Plan.

The Land Management Plan may be revoked for failure to comply with the

requirements of Sec. 27.05(2)(f)2. Notice of intent to revoke a Land Management

Plan shall be appealable to the Urban Design Commission. All applications for

appeal shall be submitted within fifteen (15) days of Notice of Intent to revoke a

Land Management Plan.

4. Application Requirements. Each application for a Land Management Plan

shall be on a form provided by the Director of the Department of Planning and

Development. A copy of the application shall be mailed by the applicant or given

personally by the applicant to each of the owners of record, as listed in the Office

of the City Assessor, who are owners of the property situated in whole or in part

within two hundred (200) feet of the boundaries of the properties affected. The

Director of the Department of Planning and Development shall provide the list of the

property owners who are to be notified of the application. The applicant shall

certify, under oath, on a form to be furnished by the Director

27 - 9 Rev. 6/15/99

of the Department of Planning and Development, that such owners have been

duly notified and the manner in which they have been notified. If, within fifteen (15)

days of receipt of a copy of the application, at least fifty-one percent (51%) of such

property owners file written objections to the application with the Director of the

Department of Planning and Development, the Director of the Department of

Planning and Development shall refer the application to the Urban Design

Commission for hearing and decision.

5. Application for Appeal. The owner or operator of land in the City of Madison

may appeal from a decision of the Director of the Department of Planning and

Development refusing to grant a Land Management Plan. All appeals shall be to

the Urban Design Commission of the City of Madison which shall hear such

appeals once a month, March through September. All applications for appeal shall

be submitted within fifteen (15) days of notice of denial of the Land Management

Plan.

(Sec. 27.05(2)(f) Am. by Ord. 9326, 11-13-87)

(g) 1. Every interior floor, wall and ceiling including door and window

assemblies shall be kept clean and in good repair, and shall be capable of affording

privacy. Any sagging or bulging shall be properly repaired to a level or plumb

position. All surfaces shall be free from serious cracking, irregularities, and peeling

paint. A waterproof and hard surface shall be provided in spaces subject to

moisture. All surface repairs shall be completed to closely match the existing

surface color and texture. Floor surfacing shall provide ease of maintenance and

durability appropriate for the use of the room. (Am. by Ord. 6573, 3-21-79)

2. Every foundation, exterior wall, and floor and roof shall be reasonably

weathertight, watertight and rodentproof and shall be kept in proper repair and shall

be capable of affording privacy. Any sagging or bulging shall be properly repaired

to a level or plumb position. All chimneys and breeching shall be so constructed

and maintained so as to insure that it safely and properly removes the products of

combustion from the building.

3. Every gap allowing the accumulation of dirt or other objectionable matter in

bathing, toilet, or food preparation areas shall be tightly sealed with an impervious

and cleanable material. (Cr. by Ord. 6574, 3-21-79)

4. Every countertop, wall cabinet, and base cabinet in kitchens and

bathrooms shall be installed and maintained in proper repair and working

condition. (Cr. by Ord. 12,349, 3-30-99)

(h) Every window, exterior door, interior door, and basement hatchway shall be

reasonably weathertight, watertight, and rodentproof and kept in proper repair. All

door and window hardware shall be installed and maintained in proper working

condition. The use of a hasp to secure any door other than a storage locker door

within a dwelling unit or rooming house is prohibited. Except as provided in

Paragraph 9. below, the following shall apply in dwelling units all or a portion

thereof which are rented: (Am. by Ord. 12,349, 3-30-99)

1. Each main entrance door into a dwelling unit shall contain an approved door

viewer.

2. All doors into each dwelling unit shall be equipped with door hinges so

arranged as to be inside the dwelling unit or with approved locking pin hinges.

3. All doors into each dwelling unit shall have a keyed deadbolt lock with a

minimum one (1) inch throw, which is openable with a key on the exterior side of

the door and a knob on the interior side of the door. The strike plate shall be held

in place by 2 & 1/2 inch screws. Sliding doors shall have an approved secondary

locking device. (i.e locking pins or 2 x 4's of proper length.) (Am. by Ord. 10,192,

1-31-91)

4. All basement, first, and second story windows and all other windows

accessible by balconies, fire escapes, trees or other existing means shall be

provided with sash fasteners.

5. All double-hung and sliding windows and doors below the second story and

all other double-hung and sliding windows and doors accessible by balconies, fire

escapes, trees or other existing means shall be equipped with approved window

ventilating sash fasteners to allow each window to be locked at one (1) to five (5)

inches open. Such window ventilating bolts or locks shall be movable to permit the

window to be fully opened from the inside of the dwelling unit. (Am. by Ord.

10,192, 1-31-91)

6. Alternative locking devices to equally resist illegal entry may be substituted

with the approval of the Madison Inspection Unit of the Department of Planning and

Development. (Am. by Ord. 8081, 7-29-83)

7. Sixty (60) days from the effective date of this amendment, Paragraphs 1, 2,

3, 4, 5 and 6 of Subdivision (h) of Subsection (2) of Section 27.05 shall also apply

in lodging rooms, except as provided in Paragraph 9. below. Prior to that time, the

requirement that all doors providing access to a lodging room shall be equipped

with a guarded latch lock shall remain in effect. In addition, the main entrance door

into all lodging houses and into all residential buildings with two or more dwelling

units or lodging rooms where occupants of the separate dwelling units or lodging

rooms share common bathroom or kitchen facilities shall be equipped with a

positive locking guarded latch lock and with an approved self-closing device. An

approved guard plate shall be affixed to the exterior side of the door if the Director

of the Inspection Unit determines such a device is necessary to provide adequate

security against illegal entry. All other doors into said buildings shall be equipped

with a deadbolt lock complying with Paragraph 3 of this Subdivision. In cases

where said buildings have an attendant or attendants responsible for the security of

the building on duty 24 hours a day, they shall be exempt from the main entrance

door-locking and self-closing requirements. (Am. by Ord. 8945, 8-29-86)

8. Buildings occupied by cooperative living arrangements shall comply with

the requirements of Paragraphs 1, 2, 4 and 5 of this Subdivision. In addition, the

main entrance door shall be equipped with a positive locking guarded latch lock

and with an approved self-closing device. An approved guard plate shall be affixed

to the exterior side of the door if the Director of the Inspection Unit determines

such a device is necessary to provide adequate security against illegal entry. All

other doors into the building shall be equipped with a deadbolt lock complying with

Paragraph 3 of this Subdivision. All doors into the individual sleeping rooms of said

buildings having more than fifteen (15) sleeping rooms shall be equipped with

deadbolt locks complying with Paragraph 3 of this Subdivision; all doors into the

individual sleeping rooms of said buildings having fifteen (15) or fewer sleeping

rooms shall be equipped with guarded latch locks or approved deadbolt locking

devices. Door viewers shall not be required on doors into the individual sleeping

rooms of said buildings. (Am. by Ord. 8081, 7-29-83)

9. Buildings occupied by Bed and Breakfast Establishments shall comply with

paragraphs 4. and 6. of this subdivision. In addition, all exterior doors shall comply

with paragraph 3., and the windows in all lodging rooms in such establishments

shall comply with paragraph 5. of this subdivision. In addition, the doors into all

said lodging rooms shall be equipped with a lock capable of affording privacy and

openable with a knob on the interior side of the door. (Cr. by Ord. 8945, 8-29-86)

(Sec. 27.05(2)(h) Am. by Ord. 7481, 8-11-81)

(i) Every inside and outside stair, every porch, platform, balcony, and every

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 proper condition and repair and shall present an attractive appearance. All

interior and exterior stairs, steps, porches, platforms, balconies, and every

appurtenance thereto shall comply with the requirements specified in Wis. Admin.

Code Secs. Comm 21.04, Comm 66.38 or Comm 51.16 through Comm 51.164,

Comm 66.38, Comm 66.39, and Comm 66.40 as dictated by the type of

occupancy in the building. Existing variances to the requirements specified herein

may be approved by the Inspection Unit of the Department of Planning and

Development provided the stairs or porches are maintained in a sound structural

condition. (Am. by Ord. 12,349, 3-30-99)

Rev. 6/15/99 27 - 10b

(j) Every plumbing fixture and water and waste pipe shall be properly installed

and maintained in good working condition, free from defects, leaks, and

obstructions.

(k) Every water closet compartment floor surface and bathroom floor surface

shall be properly constructed and maintained so as to be reasonably impervious to

water and so as to permit such floor to be easily kept in clean and sanitary

condition.

(l) Every supplied facility, piece of equipment, or utility shall be so constructed,

installed and maintained so that it will function in a proper working condition.

The owner of any dwelling or apartment in which a cooking stove and/or

refrigerator are furnished for the use of the tenants as part of rental agreement shall

keep such cooking stove and/or refrigerator in good mechanical working condition.

It shall be the responsibility of the tenant to maintain supplied facilities in a

clean and sanitary condition when contained within the tenant's dwelling unit.

(Am. by Ord. 5581, 9-3-76)

(m) No owner, operator or occupant shall cause any service, facility,

equipment, or utility which is required under this ordinance to be removed from or

shut off from or discontinued for any occupied dwelling, dwelling unit or lodging

room let or occupied by him except for such temporary interruption as may be

necessary while actual repairs are in process, or during temporary emergencies

when discontinuance of service is approved by an authorized inspector.

(n) Abandoned Fuel Oil Tanks. Abandoned fuel oil tanks shall be removed

from the building. Exception: Abandoned fuel oil tanks may remain in the building

providing:

1. All fuel oil is removed from the tank.

2. The tank fill piping is removed and the tank openings plugged with pipe

fittings.

3. The oil supply line is removed and the opening is plugged with pipe fittings.

4. The tank vent remains connected and terminates outside the building at

least two (2) feet above grade.

(Sec. 27.05(2)(n) Cr. by Ord. 5109, 8-13-75)

(o) All stairways except one and all shaftways within multiple-family buildings

and lodging houses which are three (3) or more stories in height shall be enclosed

with partitions of not less than one (1) hour fire resistive construction, including

doors of not less than three-fourths 3/4 hour fire rated construction with self-closing

devices which meet the requirements of Wis. Admin. Code Sec. ILHR 51.047(6).

One (1) stairway may be unenclosed provided it meets the requirements in

Madison General Ordinances Sec. 27.05(2)(p), except where more stringent

requirements are imposed by Wisconsin Administrative Code or State law. All

existing required fire rated walls and doors shall be maintained to preserve the

required fire rating of such walls and doors. (Am. by Ord. 11,220, 3-31-95)

(p) In every multiple-family building or lodging house more than two (2) stories

high, every stairway which extends from the basement to the second floor or

above, shall be enclosed in the basement with partitions of not less than one (1)

hour fire resistive construction, including doors of not less than three-fourths (3/4)

hour fire rated construction with self-closing devices which meet the requirements

of Wis. Admin. Code Sec. ILHR 51.047(6). All existing required fire rated walls and

doors shall be maintained to preserve the required fire rating of such walls and

doors. (Am. by Ord. 9326, 11-13-87)

(q) Isolation of Fire Hazards.

1. In multiple-family buildings and lodging houses, all boiler or furnace rooms,

including the breeching and fuel room as well as other hazardous work rooms,

shall be enclosed with not less than one (1) hour fire resistive walls and ceiling. All

openings shall be protected with self-closing three-fourths (3/4) hour fire rated

doors. The enclosure shall include all flame burning equipment except domestic

type #1 gas clothes dryers up to 37,000 BTU input. (Am. by Ord. 9326, 11-13-87)

2. The enclosure for the heating plant may be omitted in apartment buildings

not more than two (2) stories in height and having not more than two (2)

apartments on a floor and in rooming houses not more than two (2) stories in

height and having not more than eight (8) living or sleeping rooms on each floor

provided no part of the building is used for business purposes and all interior

stairways are enclosed in the basement with a one (1) hour fire resistive enclosure

or better as required by Sec. 29.20(15)(a).

3. All existing fire rated enclosures shall be maintained to preserve the

required fire rating of such enclosures (walls, ceilings, doors, etc).

4. In all buildings covered by this chapter, foam plastic insulation shall have a

flame-spread rating of not more than 75 and a smoke-developed rating of not more

than 450. Foam plastic insulation tested in accordance with ASTM E-84 is also

acceptable. All foam plastic insulation shall be protected in accordance with the

following:

a. Walls. Foam plastic insulation may be used within the cavity of a

masonry wall, in cores of masonry units, within stud space of a wood frame wall or

on the inside of a building surface of a wall or ceiling if the foam plastic insulation is

fully protected by a thermal barrier having a finish rating of at least 15 minutes.

b. Roofs. Roof coverings may be applied over foam plastic insulation where

the interior of the dwelling is separated from the foam plastic insulation by plywood

sheathing at least 1/2-inch in thickness or other approved material having a

minimum 15-minute finish rating.

Rev. 6/15/99 27 - 12

c. Doors. Foam plastic insulation having a flame-spread rating of 75 or less

may be used in doors when the door facing is of metal having a minimum

thickness of 0.032-inch aluminum of No. 26 gauge sheet metal.

(Cr. by Ord. 7956, 2-25-83)

(Sec. 27.05(2)(q) Cr. by Ord. 5578, 9-3-76)

(r) All unpaved driveways and parking areas shall be maintained in a dust-free

condition and shall be graded so that no potholes exist. (Cr. by Ord. 5445,

3-31-76)

(s) Removal of Debris.

1. No person shall dispose of rocks, trees, stumps, waste building material or

other debris from land development, building construction, street grading, or

installation of underground utilities, upon the surface of any land in the City of

Madison, except at approved disposal sites.

2. No land owner shall allow an accumulation of rocks, trees, stumps, waste

building material or other debris from land development, building construction,

street grading, or installation of underground utilities upon the surface of his land for

a period of more than ten (10) days.

3. All landfill operations shall be leveled off to permit the mowing of weeds

between May 15 and November 1. This includes the removal of stones, bottles,

wire, and other debris that will interfere with mowing operations.

All lands in the City of Madison shall be kept free of noxious weeds and

maintained so there is no detrimental influence to the public health, safety,

comfort, or general welfare of the immediate neighborhood or community.

In this Paragraph, the term noxious weeds shall have the same meaning as

in Section 23.29(1) of these ordinances.

(Am. by Ord. 11,298, 7-11-95)

(Sec. 27.05(2)(s) renumbered from 29.20 (10)(c) & (d) by Ord. 7595, 12-28-81)

(t) Any handicapped parking space which is required to be provided under any

provision of the Madison General Ordinances, State Statutes, or the Wisconsin

Administrative Code, or any such space which an owner or operator chooses to set

aside for a motor vehicle with special registration plates issued under Sec.

341.14(1), (1a), (1m) or (1q) Wis. Stats. or special identification cards issued under

Sec. 343.51 Wis. Stats., or a motor vehicle registered in another jurisdiction and

displaying a registration plate, card or emblem issued by the other jurisdiction

which designates the vehicle as a vehicle used by a physically disabled person,

shall be provided with a handicapped parking sign which meets the standards as

specified in Chapter TRANS 200.07 of the Wisconsin Administrative Code. It is the

intent of this ordinance to be enforced over the Wis. Admin. Code Sec. ILHR

52.04(3)(a)1 with regard to parking spaces, Section 29.19 of these ordinances

notwithstanding. (Am. by Ord. 9299, 10-29-87)

(u) All friable material shall be maintained and kept in proper repair or treated

with a protective covering. (Cr. by Ord. 9795, 5-31-89)

(v) Graffiti is prohibited. Graffiti shall be removed by the property owner or by

the City at the property owner's expense. The Director of Building Inspection may

order graffiti removed within a time certain. If a property owner fails to remove

graffiti within the time specified in the order, the Director of Building Inspection may

cause the graffiti to be removed. The Director of Building Inspection shall keep an accurate account of the expenses thereof and report the same to the City Comptroller, who shall annually prepare a statement of the expense so incurred on each lot or parcel

of land and report the same to the City Clerk, and the amount therein charged to

each lot or parcel of land shall be by said Clerk entered in the tax roll as a special

tax against said lot or parcel of land, and the same shall be collected in all

respects like other taxes upon real estate. Prosecution for failure to remove graffiti

under this ordinance shall not bar the City from charging owners for graffiti removal,

nor shall charging owners for graffiti removal bar prosecution. (Am. by Ord. 11,680,

10-14-96)

(w) Smoke Detectors. Smoke detectors shall be installed and maintained in

accordance with Wis. Admin. Code Sec. Comm 57.16, Comm 66.49, Comm

21.09, and Comm 28.02 which is hereby incorporated by reference. (Cr. by Ord.

11,220, 3-31-95; Am. by Ord. 12,349, 3-30-99)

(x) Private and Building Storm Sewers. Every private storm sewer and building

storm sewer shall be properly installed and maintained in good working condition,

free from defects, leaks and obstructions. Any person who violates this subsection

shall be subject to a forfeiture of not less than twenty-five dollars ($25) nor more

than two hundred dollars ($200) per day for each and every violation; each day of

violation shall constitute a separate offense. (Cr. by Ord. 11,807, 3-14-97)

(3) Public Nuisances to Be Abated.

(a) No person may maintain or permit a public nuisance within the City.

(b) The Common Council determines that the following conditions constitute a

public nuisance, in that such conditions may result in injury to persons or property,

and may unlawfully and substantially interfere with public use and enjoyment of

streets, sidewalks and other public space:

1. Tree branches or shrubs which extend into the space over a public sidewalk

so as to interfere with use of the sidewalk by the public. Tree branches or shrubs

interfere with public use of the sidewalk if they extend into the space directly above

the sidewalk at a height of less than seven (7) feet above the surface of the

sidewalk.

2. Tree branches which extend over street right of way at a height of less than

twelve (12) feet above the surface of streets classified as arterial streets or bus

routes.

3. Trees, branches, or parts thereof which are broken, diseased, weakened or

dead, and which are in a position in which, if they were to fall, could fall upon the

sidewalk or public right of way or could cause injury to a person or damage to

property.

4. Accumulations of debris, rubbish or garbage, waste building materials

which constitute a hazard, rodent harborage or infestation and accumulations of

animal feces.