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MINIMUM HOUSING AND PROPERTY MAINTENANCE CODE:

CHAPTER 2: 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.

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.

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.

(c) The word Ashall@ is mandatory and not discretionary.

(d) The word Amay@ is permissive.

(e) The phrase Aused for@ shall include the phrases Aarranged for@, Adesigned for@, Aintended for@, Amaintained for@, and Aoccupied for@.

(2) Definitions.

  • Adequate. AAdequate@ 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. AAdequately@ shall mean the same as adequate.

  • Apartment. AApartment@ means one (1) or more rooms with provisions for living, cooking, sanitary and sleeping facilities arranged for use by one (1) family.

  • Approved. AApproved@ 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. AAttractive 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 Aattractive@ 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. ABasement@ 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. ABuilding@ 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 Abuilding@ shall be construed as if followed by the words Aor 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 Acapacity 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)

  • Dwelling. ADwelling@ is a place of abode, a residence or a house for use by one (1) or more persons, excluding hotels or motels.

  • Dwelling Unit. ADwelling unit@ means one or more rooms with provisions for living, cooking, sanitary, and sleeping facilities arranged for use by one (1) family.

  • Extermination. AExtermination@ 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, Achildren@ 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 Afamily@. Such services may include personal care, housekeeping, meal preparation, laundry or companionship. (Am. by Ord. 9698, 1-26-89 & 1-31-89)

  • Friable Material. AFriable 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. AGood 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.  AHabitable 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. AImpervious 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. AInfestation@ means the sustained presence of pests, vermin, or rodents. (Am. by Ord. 10,627, 4-16-93 & 4-21-93)

  • Living Room. ALiving room@ shall mean a room used primarily for living, dining or cooking purposes.

  • Lodging House. ALodging house@ is a dwelling containing lodging rooms that will accommodate five (5) or more persons not members of a family.

  • Lodging Room. ALodging room@ is a portion of a dwelling used primarily for sleeping and living purposes, excluding cooking facilities.

  • Mixed Occupancy. AMixed occupancy@ shall be occupancy of a building in part for residential use and in part for some other use not accessory thereto.

  • Occupant. AOccupant@ means one who occupies or has actual possession of usable space.

  • Operator. AOperator@ 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 Aowner@ 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 Aperson@ shall mean and include any individual, firm, corporation, association or partnership.

  • Properly. AProperly@ 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. AProvided@ shall mean furnished, supplied, paid for or under control of the owner.

  • Residential Building. A Aresidential 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 Asleeping room@ shall mean a room used for sleeping purposes.

  • Structure. AStructure@ 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. ASupplied@ 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 s. Comm 82.40,Wis. Adm. Code. (Am. by Ord. 9299, 10-29-87; Ord. 13,124, 8-28-02)

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(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.

(c) The owner of every residential building shall be responsible for supplying such building with garbage and refuse storage facilities as required by the Madison General Ordinances. (Am. by Ord. 9725, 3-2-89)

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(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 s. Comm 21.04(2) or ch. Comm 62, Wis. Adm. Code. 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; Ord. 13,124, 8-28-02)

                                                                                                                        
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(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)

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(f) Every living, sleeping, kitchen or bath room shall have available natural light and ventilation complying with s. Comm 21.05 or ch. Comm 62, Wis. Adm. Code as dictated by the occupancy of the building. Existing light and ventilation conditions which do not comply with Wisconsin Administrative Codes referenced in this subsection 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; Ord. 13,124, 8-28-02)

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(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  an "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)

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(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) 

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(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)
(c) The interior of all vacant buildings and structures and all exterior property 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. In addition, all surfaces except floors of exterior porches, balconies, decks and similar structures constructed of treated lumber shall be treated with paint or pigmented stain, if any part of the structure is located between the principle building and a street lot line.  Any structure or surface constructed of new treated lumber shall not be required to be painted or stained under this paragraph for the first eighteen (18) months after said lumber was installed. Any exterior surface treated with paint, stain, 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, stain,  or other preservative shall be applied in a workmanlike fashion. (R. & Recr. by Ord. 4289, 8-13-73; Am. by Ord. 13,288, 3-21-03)              
(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. A 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 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)   

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(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)  

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(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)  

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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)  

10.   One hundred and eighty (180) days from the effective date of this amendment all exterior doors into all residential buildings containing two or more dwelling units and/or lodging rooms and where the main entrance door to the dwelling unit or lodging room is accessed from a common area, 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. 

Where a building subject to this paragraph also contains a non-residential use that shares a common entrance with the dwelling units or lodging rooms and is not on the basement level, the exterior door to the common entrance may be unlocked while the non-residential use portion of the building is actually occupied. (Cr. by Ord. 13,757, 1-5-05)

11.   One hundred eighty (180) days from the effective day of this amendment all common area interior doors leading to common area basements shall be equipped with a positive action guarded latch lock and with an approved self closing device.(Cr. by Ord. 13,757, 1-5-05)

12.   One hundred eighty (180) days from the effective day of this amendment all doors leading to shared laundries and storage areas located in basements shall be equipped with a positive action guarded latch lock and with an approved self closing device. (Cr. by Ord. 13,757, 1-5-05)

(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 s. Comm 21.04 and ch Comm 62, Wis. Adm. Code 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; Ord. 13,124, 8-28-02)

(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  ch. Comm 62,Wis. Adm. Code. 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 ch. Comm 62, Wis. Adm. Code. 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; Ord. 13,124, 8-28-02)  

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(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

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)  

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(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)  

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(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 s. Trans 200.07,Wis. Adm.1 Code. It is the intent of this ordinance to be enforced over the ch. Comm 62, Wis. Adm. Code with regard to parking spaces, Sec. 29.19 of these ordinances notwithstanding. (Am. by Ord. 9299, 10-29-87; Ord. 13,124, 8-28-02)

(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 ch. Comm 62, s. Comm 21.09 and S. Comm 28.02, Wis. Adm. Code which are hereby incorporated by reference. (Cr. by Ord. 11,220, 3-31-95; Am. by Ord. 12,349, 3-30-99; Ord.  13,124, 8-28-02)

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(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)

(y) Rain gutters, downspouts, including extensions, and the discharge systems for sump pumps shall be maintained free of damage, deterioration, or defects and shall be maintained to minimize the effect of runoff onto adjacent properties. (Cr. by Ord. 12,658, 8-10-00; Am. by Ord. 12,688, 10-9-00) (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.

(c) Responsibility for Enforcement; Inspections.

1.  It shall be the duty of the City Forester to make or cause to be made periodic inspections or inspections upon complaint of nuisances defined in subdivision (b)1.-3. above, when they exist in or upon any public street, alley, park, other City property or other public place, including the terrace strip between curb and lot line, within the City of Madison.
2. It shall be the duty of the Director of Building Inspection to make or cause to be made periodic inspections or inspections upon complaint of nuisances defined in subdivision (b)4. above
3.  If the City Forester or employees or agents working under her/his direction, determine that a nuisance defined under subdivision (b)1.-3. exists in or upon private premises, the City Forester shall notify the Director of Building Inspection. The Director of Building Inspection may proceed as provided in subdivisions (d) and (e) of this subsection.

(d)  Summary Abatement.

1.Order of Abatement. If the Director of Building Inspection determines that a public nuisance exists within the City and that there is imminent danger to the public health, safety, peace, comfort or welfare, s/he may, without notice or hearing, issue an order reciting the existence of a public nuisance constituting imminent danger to the public and requiring immediate action be taken as s/he deems necessary to abate the nuisance. Notwithstanding any other provisions of this subsection, the order shall be effective immediately. Any person to whom such order is directed shall comply with the order immediately.

2.Condition described in the order, the Director of Building Inspection shall, in her/his discretion, enter upon the premises and cause the nuisance to be removed or abated and the City shall recover the expenses incurred thereby from the owner or occupant of the premises or from the person who has caused or permitted the nuisance.

(e)  Nonsummary Abatement.

1. Order to Abate Nuisance. If the Director of Building Inspection determines that a public nuisance exists on private premises but that the nature of such nuisance is not such as to threaten imminent danger to the public health, safety, peace, comfort or welfare, s/he shall issue an order reciting the existence of a public nuisance and requiring the owner or occupant of the premises to remove or abate the condition described in the order within the time period specified therein. The order shall be served personally on the owner of the property, as well as the occupant if different from the owner and applicable to the described nuisance, or, at the option of the Director of Building Inspection, the notice may be mailed to the last known address of the person to be served by registered mail with return receipt. If the owner or the occupant cannot be served, the order may be served by posting it on the main entrance of the premises and by publishing as a class 3 notice under W.S.A. Chapter 985. The time limit specified in the order runs from the date of service or publication.
2.   Abatement by the City. If the owner or occupant fails or refuses to comply within the time period prescribed, the Director of Building Inspection may enter upon the premises and cause the nuisance to be removed or abated and the City shall recover the expenses incurred thereby from the owner or occupant of the premises or from the person who has caused or permitted the nuisance.
3.   Remedy from Order. The Board of Building Code, Fire Code and Licensing Appeals, created by Section 29.18 of these ordinances, shall have no authority to act on orders issued under this subsection. Any person affected by orders issued under this subsection shall, within thirty (30) days of service or publication of the order, apply to the circuit court for an order restraining the City and the Director of Building Inspection from entering on the premises and abating or removing the nuisance, or be forever barred. The court shall determine the reasonableness of the order for abatement of the nuisance.  

(f) Authority to Assess Costs. The cost of abatement or removal of a nuisance under this section shall be collected from the owner, occupant or person causing, permitting or maintaining the nuisance and, if notice to abate the nuisance, if applicable, has been given to the owner, such cost shall be assessed against the real estate as a special charge.

(g) Abatement in Accordance with State Law. Nothing in this article shall be construed as prohibiting the abatement of public nuisances by the City or its officials in accordance with the laws of the state.

(h) Severability. The provisions of any part of this section are severable. If any provision or subsection hereof or the application thereof to any person or circumstances is held invalid, the other provisions, subsections and applications of such ordinance to other persons or circumstances shall not be affected thereby. It is declared to be the intent of this section that the same would have been adopted had such invalid provisions, if any, not been included herein.

(Sec. 27.05(3) Cr. by Ord. 11,678, 10-14-96)  

27.051 ENERGY CODE FOR RESIDENTIAL RENTAL PROPERTIES.  

(1)   Definitions. The definitions which follow are only applicable to this section of the ordinances. The definitions contained in Sec. 27.03(2) are fully incorporated herein except to the extent to which they may conflict with the following definitions. Further, the definitions contained in s. Comm 67.04, Wis. Adm. Code are also incorporated herein and for the purposes of this section, prevail over those contained in Sec. 27.03(2) of these ordinances to the extent that there may be a conflict. Definitions specifically listed below prevail over any others found in any other source. (Am. by Ord. 13,124, 8-28-02)

Authorized Energy Audit Report. An authorized energy audit report shall mean a listing of those deficiencies which, if remedied, would be sufficient to result in an AEnergy Code Compliance Certificate@. This shall be in an approved form issued by an agent or agency approved by the Director of the Department of Planning and Development or his or her designee. This report shall not be deemed to reflect compliance with this code, but rather shall be a report concerning the status of a building=s energy efficiency regardless of its degree of compliance with this code.

Building Envelope. Building envelope shall mean the elements of a building which enclose heated or air-conditioned spaces through which thermal energy may be transferred to or from the exterior.

Energy Code Compliance Certificate. A form approved and signed by the Director of the Department of Planning and Development or his/her designee, which certifies the building=s compliance with Sections 27.04(2)(f), 27.05(2)(g)2., 27.05(2)(h) and 27.051, regarding insulation and weatherization.

Heated Spaces. Heated spaces shall mean enclosed parts of the structure to which heat is required to be supplied and if not required, to which heat is supplied directly via ducts, pipes, or radiators or which are normally open to other parts of the structure to which heat is supplied directly via ducts, pipes or radiators, or which contain heating units.

Insulation. Insulation shall mean any approved material or combination of materials used to reduce heat loss.

Living Space. Living space shall mean all heated spaces excluding mechanical rooms and basement areas not containing rental living units.

Rental Living Unit. A rental living unit shall mean a dwelling unit as defined in Sec. 27.03(2) or a lodging room as defined in Sec. 27.03(2) which is leased by the owner or his or her agent to another person or persons but shall not include hotels, hospitals, motels, dormitories, sanitariums, correctional institutions, nursing homes or schools and other buildings primarily used for educational purposes.

Ring Joist. Ring joist shall mean that portion of the building envelope between the top of the foundation wall and the sub-floor immediately above, or the perimeter of the floor joists between any two floors. Also known as: box sill, band joist, rim joist and band board.

(2)  Energy Efficiency Standards For Buildings Containing Rental Living Units. Effective August 15, 1983, all heated rental living units whether occupied or not shall meet energy efficiency standards specified in s. Comm 67.05, Wis. Adm. Code unless exempted under the provisions contained s. Comm 67.06, Wis. Adm. Code, or unless more stringent standards are specified in Sec. 27.051(4) below. Any reference in these Wisconsin Administrative Code sections to the term Adepartment@ shall mean the Department of Planning and Development of the City of Madison. Requests for exemptions based upon cost payback as specified in s. Comm 67.06, Wis. Adm. Code shall be submitted in writing to the Director of the Inspection Unit within thirty (30) days of the date of postmark on the Official Notice envelope and must include specific information on cost payback calculations used to arrive at the asserted basis for an exemption. (Am. by Ord. 8081, 7-29-83; Ord. 13,124, 8-28-02)

(3) Energy Code Compliance Disclosure.

(a) Effective August 15, 1983, an owner or agent shall provide a tenant or prospective tenant, upon request, a completed authorized energy audit report for the building if one has been completed.

(b) When the Director of the Department of Planning and Development or his/her designee determines through an inspection that a building complies with the energy efficiency requirements of Secs. 27.04(2)(f), 27.05(2)(g)2., 27.05(2)(h) and 27.051, of the Madison General Ordinances, he/she shall issue an Energy Code Compliance Certificate to the owner and shall keep a record thereof

(4) Items To Be Enforced Over Wisconsin Administrative Code. In addition to enforcing the Wisconsin Administrative Code by reference, the following items shall be enforced. In case of conflict between this Sec. 27.051(4) and the Wisconsin Administrative Code sections adopted by reference, this Sec. 27.051(4) shall prevail unless the conflicting provisions of the Wisconsin Administrative Code are mandatory.

(a) The following items may not be exempted pursuant to s. Comm 67.06, Wis. Adm. Code because cost payback exceeds five (5) years:

1.  Insulation requirements for ceilings, box sills, side walls, framed floors over accessible unheated spaces which are not basements, heating ducts in unheated spaces and unheated basements, and access doors or panels to attics or unheated areas as specified in s. Comm 67.05(1), Wis. Adm. Code.

2. Weatherstripping and caulking requirements as specified in ss. Comm 67.05(3) and (4), Wis. Adm. Code.

3. Double glazing and storm window requirements as specified in s. Comm 67.05(2), Wis. Adm. Code for rectangular windows in excess of five (5) square feet in area which are not metal casement, hopper, awning or any type of basement or ornamental window.

                        (Am. by Ord. 13,124, 8-28-02)

(b) The joist spaces between any ceiling and any attic floor shall be considered accessible and said spaces shall be insulated to meet the R-value as specified in s. Comm 67.05(1), Wis. Adm. Code. (Am. by Ord. 13,124, 8-28-02)

(Sec. 27.051 Am. by Ord. 8004, 4-26-83; Ord. 13,124, 8-28-02)

  27.06   QUANTITY, LOCATION AND USE OF SPACE IN RESIDENTIAL BUILDINGS.

(1) The purpose of this section is to establish minimum standards for the quantity, location and use of space in residential building units so as to preserve and promote the public interest. A suitable environment for safe, healthy, and desirable living can be enhanced by providing adequate space and privacy for occupants of all residential buildings.

(2) Size of Dwellings and Rooms.

(a) Every detached single-family dwelling other than a mobile home shall have at least five hundred (500) square feet of floor area on the first floor level.

(b) Size of Rooms.

1. Apartments. The floor area of an apartment shall provide not less than one hundred fifty (150) square feet of floor area for the first occupant and at least one hundred (100) additional square feet of floor area for each additional occupant.

2. Lodging Rooms. The floor area of a lodging room shall provide not less than eighty (80) square feet of floor area for one (1) occupant and sixty (60) square feet for each additional occupant.  

(c) The space used as a laundry, workshop, furnace room, bathroom, storage room, closets, and common halls shall not be included as part of the space required in Subsection (2)(a) and (b) of Section 27.06 of the Madison General Ordinance

(d)  Access to all lodging and sleeping rooms shall be from a common hallway and not through bathrooms or other lodging and sleeping rooms.

(e)  In any apartment or dwelling, containing two sleeping rooms or larger than three (3) rooms in size, access shall be provided to required bathroom facilities without the necessity of passing through a sleeping room. (Cr. by Ord. 10,192, 1-31-91)

(3) In all dwelling units the average ceiling height shall be not less than specified in s. Comm 21.06, Wis. Adm. Code. (Am. by Ord. 9326, 11-13-87; Ord. 13,124, 8-28-02)

(4)    No habitable room, kitchen or bathroom shall have its floor level below the alley, court, yard, or street grade immediately adjoining and abutting upon said habitable rooms except when meeting the requirements of ch. Comm 62 or chs. Comm 20-25,Wis. Adm. Code as appropriate, unless said room or rooms have been previously approved by the Inspection Unit prior to May 17, 1983. (Am. by Ord. 12,349, 3-30-99; Ord. 13,124, 8-28-02)

27.07   FIXING THE RESPONSIBILITY OF OWNERS, OPERATORS, AND OCCUPANTS. (Title Am. by Ord. 7687, 4-2-82)

(1) The purpose of this subsection is to fix the responsibility of owners, operators, and occupants of residential buildings. (Am. by Ord. 7687, 4-2-82)

(2) The responsibility of owners, operators and occupants of residential buildings is as follows:  

(a) Every owner of a residential building containing two (2) or more dwelling units shall be responsible for maintaining in a clean, proper and sanitary condition the shared or public areas of the residential building and premises thereof.

(b)  Every occupant of a residential building shall keep in a clean, proper, and sanitary condition that part of the residential building and premises thereof which s/he occupies and controls except the operator of every lodging house shall be responsible for the sanitary maintenance of all walls, floors, ceilings and every other part of the lodging house. Every occupant of a residential building shall dispose of all her/his refuse and garbage in the containers required by the Madison General Ordinances.

(c) Every owner of a residential building shall be responsible for hanging, installation, and maintenance of all screens and double or storm doors and windows whenever the same are required under the provisions of the Madison General Ordinances.

(d)  Every occupant of a single-family dwelling shall be responsible for the extermination of any pests, vermin or rodents therein with the following exceptions: when the owner or operator has failed to clean the dwelling prior to occupancy or when the owner or operator is out of compliance with Madison General Ordinances Sec. 27.05(2)(g)2., extermination shall be the responsibility of the owner. Whenever infestation exists in any residential dwelling other than a single-family dwelling, extermination shall be the responsibility of the owner. (Am. by Ord. 10,627, 4-16-93 & 4-21-93)

(e)  Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof.

(f) No person shall occupy or let to another for occupancy any space in a residential building unless it is clean, sanitary, fit for human occupancy, complies with the requirements of the Building Code (Chapter 29) and the Zoning Code (Chapter 28) and the occupancy is limited to the maximum permitted by said Codes. (Am. by Ord. 12,134, 6-1-98)

(g) Every owner of a lodging house 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. (Am. by Ord. 5438, 3-30-76)

(h) The operator of every lodging house shall change supplied linen and towels therein at least once each week, and prior to the letting of any room to any occupant. The operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary condition.

(i) (Renumbered to Sec. 32.05 by Ord. 6036, 11-16-77)

(3) (R. by Ord. 7687, 4-2-82)

27.08   DESIGNATION OF UNFIT BUILDINGS OR STRUCTURES AND LEGAL PROCEDURES OF REPAIR OR RAZING.

(1) The purpose of this section is to provide for the designation and repair or razing of those buildings or structures which are so dilapidated, unsafe, dangerous, unhygienic, inadequately maintained or lacking in basic equipment, facilities, light, ventilation, and heating so as to constitute a menace to the occupants or public.

(2) Any building or structure which shall be found to have any of the following defects may be designated as unfit for human habitation and in need of repairs or razing and so placarded by an authorized inspector. Legal notice shall be served upon the owner and on the operator of any building:

(a) Which is so damaged, decayed, dilapidated, dangerous, unsanitary, unsafe, or vermin infested that it creates a serious hazard to the health or safety of the occupants or of the public.

(b) Which lacks illumination, ventilation, heating, basic equipment or sanitary facilities adequate to protect the health, safety, or general welfare of the occupants or of the public.

(c) Which because of its general condition, location, or appearance is a blighting influence or causes decreasing physical or monetary value of property in the neighborhood.

(3)  Any building or structure or part thereof designated and placarded by the inspector as unfit for human habitation and in need of repairs or razing shall be vacated within a reasonable time as ordered by the inspector.

(4) No building or structure or part thereof which has been designated and placarded as unfit for human habitation and in need of repairs or razing shall again be used for human habitation until written approval is secured from, and such placard is removed by, the inspector. The inspector shall remove such placard whenever the defect or defects upon which the designation and placarding action were based have been eliminated.

(5) No person shall deface or remove the placard from any building or structure or part thereof which has been condemned as unfit for human habitation and placarded as such.

(6) Any building or structure or part thereof designated as unfit for human habitation and in need of repairs or razing by the inspector, which in the opinion of the inspector, would be unreasonable to repair shall be razed or removed upon legal written service of the order of the inspector. If the owner shall fail or refuse to comply with the order, the inspector shall cause such building to be razed or removed under the procedures provided for unsafe buildings in the City Building Code (Chapter 29).

(7)       

(a)  Any building which has been vacant for more than ten (10) days for any reason and has been damaged, illegally entered, vandalized, or entered by animals constitutes a public nuisance. No person may maintain or permit a public nuisance within the City. The owner shall abate the nuisance by securing the building, including any shed or outbuilding, against entry. This shall include adequately boarding up doors, windows and other openings in a workmanlike manner so as to prevent illegal entry, vandalism or damage. Animals, animal nests and animal nesting materials shall be removed.

(b) The building utilities, plumbing, electrical and heating systems in vacant buildings shall be maintained at all times in a safe condition, inactivated or drained so as to prevent the possibility of damage to the structure by the failure of such utilities and so as to prevent hazardous and dangerous conditions.

1. At least one door boarded at the grade level shall be maintained with locks and hinges to permit entry for inspection purposes.

2. The property owner is required to provide the Director of Building Inspection with access to the building for inspection purposes.

3. Screening or alternate methods of boarding may be permitted upon written approval by the Director of Building Inspection, or designee.

4. The owner shall notify the Director of Building Inspection in writing no later than ten (10) days prior to the sale, transfer or possession, or the unboarding of the property.

(c) When any building has been damaged by fire or other cause and when hazardous or dangerous conditions exist and when such building cannot be secured by conventional locking or boarding up of windows and doors, such building shall be fenced off so as to prevent access and entry to the structure and the area immediately surrounding the structure within five (5) days of the damage by fire or other cause.

(d) Abatement. The provisions of Section 27.05(3)(d) and (e) of these ordinances apply to the abatement of nuisances under this subsection.

(e) Authority to Assess Costs. The cost of abatement or removal of a nuisance under this section shall be collected from the owner, occupant or person causing, permitting or maintaining the nuisance and, if notice to abate the nuisance, if applicable, has been given to the owner, such cost shall be assessed against the real estate as a special charge.

(f) Abatement in Accordance with State Law. Nothing in this article shall be construed as prohibiting the abatement of public nuisances by the City or its officials and employees in accordance with the laws of the state.

(g) Severability. The provisions of any part of this section are severable. If any provision or subsection hereof or the application thereof to any person or circumstances is held invalid, the other provisions, subsections and applications of such ordinance to other persons or circumstances shall not be affected thereby. It is declared to be the intent of this section that the same would have been adopted had such invalid provisions, if any, not been included herein.

(Sec. 27.08(7) Am. by Ord. 11,679, 10-14-96)

27.09   ADMINISTRATION AND ENFORCEMENT.

(1) The purpose of this section is to provide for the administration and enforcement of this ordinance.

(2)   The office of the Inspection Unit of the Department of Planning and Development is hereby created to enforce this ordinance. The Director of the Inspection Unit shall be under the supervision of the Director of Planning and Development. For purposes of enforcement of this ordinance, he/she shall have the same powers as the officer referred to in the Statutes as Building Inspector. (Am. by Ord. 8081, 7-29-83)

(3) The duties of the Director of the Inspection Unit shall be as follows:

(a) Provide and maintain a public information bureau relative to all matters arising out of this ordinance.

(b) Maintain permanent and current records of all matters arising out of this ordinance.

(c) Conduct a systematic inspection of buildings, structures, and lands to determine compliance with the terms of this ordinance, all state laws, City ordinances and lawful orders relating to the alteration, repair, maintenance, safety and use of existing buildings and permanent building equipment and take such action as necessary to secure such compliance, including: the withholding of building permits, imposition of forfeitures and injunctive action. They shall have full power to pass upon any question arising under the provisions of the housing, building, plumbing, electrical and heating codes and zoning ordinances, subject to conditions contained herein. (Am. by Ord. 9640, 12-14-88)

(d) Initiate, direct, and review from time to time a study of the provisions of this ordinance and make recommendations to the Mayor and Common Council not less frequently than once a year on such matters that will improve this code or its systematic enforcement.

(e) Coordinate such inspection and code compliance programs with inspection or improvement programs of other neighborhood groups whose purpose is neighborhood improvement.

(4) The inspectors provided for in this ordinance shall have the same power and authority as is set forth in Sec. 29.15(3).

(5)        (a)  Any person who shall fail or neglect to comply with any lawful order of the Director of the Inspection Unit issued pursuant to the provisions of this chapter may be assessed fifty dollars ($50) per inspection for compliance inspections in excess of one. A thirty-five dollar ($35) charge may be assessed when an inspector fails to gain entry to carry out a compliance inspection. (Am. by Ord. 11,783, 2-17-97; Ord. 13,126, 8-28-02))

(b) The Department of Planning and Development shall keep an accurate account of all unpaid inspection fees incurred for compliance inspection services rendered and report the same to the City comptroller, who shall annually prepare a statement of these special charges at 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 charge against said lot or parcel of land, and the same shall be collected in all respects like other special charges upon real estate as provided in Sec. 66.0627 of the Wisconsin Statutes. (Am. by Ord. 13,126, 8-28-02)

(Am. by Ord. 10,639, 4-30-93)

(6) All appeals under Chapter 27 are governed by Section 29.18 of these ordinances. (Cr. by Ord. 11,611, Adopted 5-21-96)

27.10   RESERVED FOR FUTURE USE. 
(A Building and Fire Code Review and Appeals Board@ R. by Ord. 11,611, Adopted 5-21-96)

27.101 RESERVED FOR FUTURE USE. 

(A Meetings@ 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.  Any person who violates any provision of this ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be subject to forfeiture of not less than one dollar ($1.00) and not more than two hundred dollars ($200), unless there exists a specific penalty for a violation which shall be applicable, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. (Am. by Ord. 11,807, 3-14-97)

27.12   SEPARABILITY. It is hereby declared to be the intention of the Common Council of the City of Madison that the several provisions of this ordinance are separable, in accordance with the following:

(1) If any court of competent jurisdiction shall adjudge any provision of this ordinance to be invalid, such judgment shall not affect any other provision of this ordinance not specifically included in said judgment.

(2)  If any court of competent jurisdiction shall adjudge invalid the application of any provision of this ordinance to a particular property, building or structure, not specifically included in said judgment.

27.13   CONFLICT OF ORDINANCE. In any case where a provision of this ordinance or of any regulation adopted pursuant thereto is found to be in conflict with a provision of any zoning, building, fire, safety, or health ordinance or any regulation of the City of Madison, the provision which established the higher standard for the promotion of the health and safety of the people shall prevail.

INDEX TO MINIMUM HOUSING AND PROPERTY MAINTENANCE CODE  

A || B || C || D || E || F || G || H || I || L || M || N || O || P || R || S || T || U || V || W

-A-
ACCESS

To buildings, approved walks to provide............................................. 27.05(2)(d)
To lodging and sleeping rooms............................................................. 27.06(2)(d)
To street from dwelling unit and lodging room........................................ 27.04(2)(d)
To toilet facilities in lodging houses............................................ 27.04(2)(e)

ADMINISTRATION, HOUSING AND PROPERTY MAINTENANCE..................... 27.09

ANIMAL FECES TO BE REMOVED WITHIN 24 HOURS....................................... 27.05(2)(c)

APARTMENT
Minimum standards for all residential buildings......................................................... 27.04 Room size (floor area)................................................................. 27.06(2)(b)1.

APPEALS, BUILDING..................................................................... 27.10

ATTRACTIVE APPEARANCE
Building exteriors.......................................... 27.05(2)(e)
Landscaping, plantings, and other decorative treatments to be installed if necessary.....27.05(2)(f)
Safe and sanitary property to be maintained................................................... 27.05(1)
Stairs and porches to present............................................. 27.05(2)(i)
Weeds, exterior property areas to be kept free of.............................................. 27.05(2)(b)

  -B-
BASEMENT TOILET FACILITIES.................................................................... 27.04(2)(e)

BOARD - See BUILDING AND FIRE CODE REVIEW AND APPEALS BOARD

BOARDING HOUSE - See LODGING HOUSE

BUILDING(S)
Razing........................................................................................................................ 27.08 Residential building  

Minimum standards............................................................... 27.04
Space, use of in............................................ 27.06

Unsafe for occupancy.................................................................27.08 Zoning regulations - See ZONING CODE INDEX following Ch. 28

BUILDING AND FIRE CODE REVIEW AND APPEALS BOARD.................................. 27.10
Appeal

Application....................................27.10(1)  

Decision of................................... 27.10(2)
May reduce required number of bathtubs or showers for lodging houses using communal bathrooms.....................................27.04(2)(e)
Membership of.............................. 27.10(3)

BUILDING OWNER OR OPERATOR - See also LODGING HOUSE
Clean, proper and sanitary premises to be maintained...................... 27.07(2)(a)
Emergency work, lodging house owner to furnish names of persons to call...... 27.07(2)(g)
Extermination, when owner responsible.............................. 27.07(2)(d)
Facilities, supplied, to be in good mechanical condition....... 27.05(2)(l)
Operator and occupant responsible for sanitary maintenance of all parts of lodging house............................................................................. 27.07(2)(b)
Operator supplies clean linen weekly in lodging house............ 27.07(2)(h)
Rental of space prohibited unless clean, sanitary and fit for human occupancy....... 27.07(2)(f)
Screens, storm doors and windows to be installed by........................... 27.07(2)(c)
Services to occupied room or dwelling not to be removed or shut off by..... 27.05(2)(m)
Tenants right to privacy, actions against prohibited.......................................... 27.07(2)(i)  
Unfit building, notice served on.......................................... 27.08(2)

-C-
CEILING
Height in all dwelling units.............................................................. 27.06(3)
To be properly constructed................................................................. 27.05(2)(g)

CHIMNEYS TO BE RODENT-PROOF............................................................................... 27.05(2)(g)

-D-
DEFINITIONS AND RULES.................................................................................................. 27.03(2)

DOORS
Locking devices....................................................................................................... 27.05(2)(h)

DWELLING
Minimum standards for basic equipment, lighting, ventilation, heating and electrical service...............................................................................................27.04
Size of dwellings and rooms, square feet of floor area............................ 27.06(2)

-E-
ELECTRICAL SERVICE Defined................................................................................................... 27.04(2)(g) Requirements............................................................................................. 27.04(2)(g)

ENERGY CODE FOR RESIDENTIAL RENTAL PROPERTIES.................................. 27.051 Energy Code Compliance Disclosure............................................................. 27.051(3) Energy Efficiency Standards for buildings containing rental living units........... 27.051(2)

EXHAUST VENTILATION IN TOILET ROOMS.............................................. 27.04(2)(f)

EXITS
Lighting...................................................................................................... 27.04(2)(i) Stairways......................................................................................... 27.04(2)(d)

EXTERMINATION - See PESTS, VERMIN AND RODENTS

-F-
FEES
Appeals to Building Board of Examiners and Appeals.............................................. 27.10(1)(c)

FIRE HAZARDS, ISOLATION..................................................... 27.05(2)(q)

FLOORS
Level of habitable rooms....................................................................... 27.06(4) Size of dwellings and rooms, square feet of floor area.................................. 27.06(2) Toilet room floors to be properly constructed and maintained.................................. 27.05(2)(k)

FRATERNITIES AND SORORITIES - See LODGING HOUSE, also RESIDENTIAL BUILDINGS

FRIABLE MATERIAL defined..................................................................... 27.03(2)

FUEL OIL TANKS, ABANDONED.................................................. 27.05(2)(n)

-G-
GARBAGE AND REFUSE STORAGE OR DISPOSAL FACILITIES IN RESIDENTIAL BUILDINGS 27.04(2)(c)

GRADING TO DIVERT WATER FROM BUILDING.................................................................... 27.05(2)(a)

GRAFFITI
Defined.......................................................................... 27.03(2) Prohibited.................................................................................................... 27.05(2)(v) Director of Inspection Unit may order removed..................................................................... 27.05(2)(v)

-H-
HANDICAPPED
Required parking spaces to have sign.................................. 27.05(2)(t)

HANDRAILS AND GUARDRAILS
Interior and exterior steps and stairs....................... 27.05(2)(i)

HEATING STANDARDS....................................................................................................................... 27.04  

-I-
INSPECTION OF HOUSING AND PROPERTY
Inspection Unit Director inspects buildings, structures and lands............................. 27.09(3)(c) Coordinated with neighborhood improvement programs........................................ 27.09(3)(e) Unsafe buildings.... ............................................. 27.08

INSPECTION UNIT
Created to enforce Code...................................................................................... 27.09(1) Director, appeal from decision of........................................................... 27.10(1)(a)
Powers of Building Inspector in Statutes....................................................27.09(2)
Supervised by Director of Planning and Development............................... 27.09(2)

INSULATION - See also ENERGY CODE FOR RESD. RENTAL PROPERTIES
Foam plastic, rating and protection in certain buildings.......................................... 27.05(2)(q)4.

 -L-
LANDSCAPING, PLANTINGS, NATURAL LAWNS.................................... .. 27.05(2)(f)

LIGHTING
Electrical fixtures in rooms..................................... 27.04(2)(g)
Intersections of passageways, all exits, and stairways in transient housing, lodging houses and three or more unit apartments............................ 27.04(2)(i)
Living and sleeping room windows............................................................ 27.04(2)(f)
Parking lots for more than 3 vehicles............................................................. 27.04(2)(g)5.

LODGING HOUSE - See BUILDING OWNER OR OPERATOR, also OCCUPANT OF RESIDENTIAL BUILDING, and also PESTS, VERMIN AND RODENTS
Access of lodging room to street............................................................... 27.04(2)(d)
To room............................................................................. 27.06(2)(d)
To toilet facilities..................................................................... 27.04(2)(e)
Cooking equipment prohibited in rooms........................ 27.04(2)(j)
Emergency work, owner to furnish names of persons to call.............................. 27.07(2)(d)
Facilities, supplied, to be maintained in clean and sanitary condition.................. 27.05(2)(l)
Floor level of habitable rooms........................................................................... 27.06(4) Lighting.................................................................................... 27.04(2)(g)and(i)
Linens and towels to be changed weekly....................................... 27.07(2)(h)
Lodging room size (floor area).................................... 27.06(2)(b)2.
Rental of space prohibited unless clean, sanitary and fit for human occupancy........... 27.07(2)(f)
Sanitation requirements.................................. 27.07(2)
Security locking hardware required................................................. 27.05(2)(h)7. and 8. Services to occupied room not to be removed or shut off by owner, operator or occupant......... 27.05(2)(m)
Tenants right to privacy, actions against prohibited................. 27.07(2)(i)
Toilet facilities.............................................. 27.04(2)(e)
Windows in living or sleeping rooms................................................... 27.04(2)(f)

 -M-
MAINTENANCE
Residential and nonresidential property................................................... 27.05

MINIMUM STANDARDS
Basic equipment, lighting, ventilation, heating and electrical service.................................................. 27.04

 -N-
 NATURAL LAWNS.................................................................................... 27.05(2)(f)

 NOTICE Unsafe building........................................................................... 27.08(2)

NUISANCE, PUBLIC - See also Unsafe Buildings
Certain vacant buildings....................................................... 27.08(7)
Definition............................................................................................. 27.05(3)(b)
Forester responsible for inspection, enforcement..................................... 27.05(3)(c)
Non summary abatement......................................................................... 27.05(3)(e) Summary abatement.................................................................................... 27.05(3)(d)
To be abated.......................................................................................................... 27.05(1)

 -O-
OCCUPANT OF RESIDENTIAL BUILDING
Extermination of pests, when responsible............................................................ 27.07(2)(d)
Plumbing fixtures to be clean and sanitary............................................................. 27.07(2)(e)
Services to occupied dwelling or room not to be removed or shut off by................. 27.05(2)(m)
To maintain clean and sanitary premises, and dispose of refuse and garbage in required containers.......................................................................................................... 27.07(2)(b)

 OPERATOR OR OWNER - See BUILDING OWNER OR OPERATOR

 -P-
PARKING
Lots for more than 3 cars, lighting required.................................................. 27.04(2)(g)5. Spaces for handicapped to have sign....................................................................... 27.05(2)(t)

PAVED AREAS TO BE PROPERLY MAINTAINED........................................... 27.05(2)(d)

PENALTIES..................................................................................................... 27.11

PESTS, VERMIN AND RODENTS
Exterior property areas to be properly maintained.............................................. 27.05(2)(c) Extermination in dwellings......................................................................... 27.07(2)(d) Rodentproof construction

Foundation, floor, wall, ceiling, chimney and roof........................ 27.05(2)(g)
Windows, exterior door and basement hatchway............................ 27.05(2)(h)

PLANTINGS, LANDSCAPING, ETC...................................................................... 27.05(2)(f)

PLUMBING FIXTURES - See also TOILET ROOMS
Occupant responsible for proper use.................................................... 27.07(2)(e)
Properly installed................................................................................................... 27.05(2)(j)

PROPERTY MAINTENANCE
Residential and nonresidential....................................................................................... 27.05

 -R-
REMOVAL OF DEBRIS................................................................................ 27.05(2)(s)

RENTAL OF SPACE PROHIBITED UNLESS CLEAN, SANITARY AND FIT FOR HUMAN OCCUPANCY....... 27.07(2)(f)

 REPAIR OR RAZING UNSAFE BUILDING, LEGAL PROCEDURES........................... 27.08

RESIDENTIAL BUILDING
Minimum standards........................................................................................... 27.04
Owner or operator responsibility..................................................................... 27.07
Space, use of.................................................... 27.06

RODENTS - See PESTS, VERMIN AND RODENTS

ROOM defined................................................................................. 27.03(2)

ROOMS
Access to lodging and sleeping rooms........................................... 27.06(2)(d)
Apartments and lodging houses.................................................................. 27.06(2)(b)
Habitable rooms, floor level....................................................................... 27.06(4)
Security locking hardware required........................................................ 27.05(2)(h)8.
Size of dwellings and rooms..................................................................... 27.06(2)

ROOMING HOUSE - See LODGING HOUSE

RULES AND DEFINITIONS................................................................................. 27.03(2)

 -S-
SAFE AND SANITARY PROPERTY MAINTENANCE........................................... 27.05

SCREENS, STORM DOORS AND WINDOWS
Installation responsibility of owner..................................................................... 27.07(2)(c)  
Living or sleeping rooms....................................................................................... 27.04(2)(f) Rodentproof and waterproof.................................................................................... 27.05(2)(h)

SIGN
To indicate required spaces reserved for handicapped.................................. 27.05(2)(t)

SINGLE-FAMILY DWELLING, DETACHED
Size of dwellings and rooms........................................................................ 27.06(2)(a)

SMOKE DETECTORS, required........................................................ 27.05(2)(w)

 SORORITIES AND FRATERNITIES - See LODGING HOUSE, also RESIDENTIAL BUILDINGS

 SPACE
Quantity, location and use in residential buildings............................................................. 27.06

Size of dwellings and rooms...................................................................................................... 27.06(2)

STAIRS AND PORCHES
To be properly constructed, present attractive appearance and support normal load...27.05(2)(i)

STAIRWAYS, MULTIPLE FAMILY DWELLINGS
To be fire resistive................................................................................ 27.05(2)(o) and (p)

STORM DOORS - See SCREENS, STORM DOORS AND WINDOWS

STORM SEWERS
Private and Building.................................................................................... 27.05(2)(x)

 -T-
TOILET ROOMS
Exhaust ventilation........................................................................................ 27.04(2)(f)
Every dwelling unit to contain flush water closet, lavatory basin and bathtub or shower...... 27.04(2)(a)
Floors to be properly constructed......................................................................... 27.05(2)(k) Lodging house.................................................................................... 27.04(2)(e)  
Occupant responsible for proper use of plumbing fixtures...................................... 27.07(2)(e) Plumbing fixtures to be properly installed and maintained............................. 27.05(2)(j)

-U-
UNSAFE BUILDINGS AND STRUCTURES................................................... 27.02(2), 27.08 Inspector designates unfit and placards........................................................ 27.08(3)-(5) Approval of inspector required before building may be used again for human habitation.... 27.08(4)
Notice served on owner or operator........................................................................... 27.08(2) Owner's failure to comply with order to raze............................................... 27.08(6)
Razing or repair, legal procedures................................................................. 27.08

-V-  
VENTILATION........................................................................................................ 27.04 Sleeping and living rooms................................................................... 27.04(2)(f)
Toilet rooms.......................................................................................... 27.04(2)(f)

VERMIN - See PESTS, VERMIN AND RODENT

-W-
WATER
Hot water to be provided in Lodging houses.................................................. 27.04(2)(e)
Residential buildings.............................................................................. 27.04(2)(b)
To be diverted away from building by grading................................................ 27.05(2)(a) |Waterproofing
Foundation, floor, wall, ceiling, chimney and roof..................................... 27.05(2)(g)
Windows, exterior door and basement hatchway.................................... 27.05(2)(h)

WEATHERIZATION - See ENERGY CODE FOR RESIDENTIAL RENTAL PROPERTIES

WEEDS
Exterior property to be kept free of  27.05(2)(b)
Mowing of  27.05(2)(s)3.

WINDOWS - See also SCREENS, STORM DOORS AND WINDOWS
Locking devices,  27.05(2)(h)