Village of Dane, WI
Dane County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Dane 4-1-1996 as Title 15, Ch. 1, of the 1996 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Blasting and rock crushing — See Ch. 215.
Driveways — See Ch. 263.
Fires and fire prevention — See Ch. 294.
Property maintenance — See Ch. 408.
Streets and sidewalks — See Ch. 457.
Subdivision of land — See Ch. 463.
Zoning — See Ch. 520.

§ 226-1 Title; purpose; statutory authority; scope.

A. 
Title. This chapter shall be known as the "Building Code of the Village of Dane" and will be referred to in this chapter as "this code" or "this chapter."[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Purpose. This chapter provides certain minimum standards, provisions and requirements for safe and stable design, methods of construction and uses of materials in buildings and/or structures hereafter erected, constructed, enlarged, altered, repaired, moved, converted to other uses or demolished and regulates the equipment, maintenance, use and occupancy of all such buildings and/or structures. Its purpose is to protect and foster the health, safety and well-being of persons occupying or using such buildings and the general public.
C. 
Authority. These regulations are adopted under the authority granted by § 101.65, Wis. Stats.
D. 
Scope. This code applies to all dwellings, commercial buildings/structures, swimming pools, garages, structures, buildings, and residential accessory buildings. Not included are children's play structures and agricultural buildings.

§ 226-2 Building permits.

A. 
Permit required.
(1) 
General permit requirements.
(a) 
Prior to commencing any of the following work, the owner or his agent shall obtain a valid permit from the Municipal Building Inspector:
[1] 
New buildings.
[2] 
Additions that increase the physical dimensions of a building, including decks.
[3] 
Alterations to the building structure (cost shall include market labor value) or alterations to the building's heating, electrical or plumbing systems. Permits are required for re-siding.
[4] 
Any electrical wiring for new construction or remodeling.
[5] 
Any HVAC for new construction or remodeling.
[6] 
Any plumbing for new construction or remodeling.
[7] 
Replacement of major building equipment, including furnaces, central air conditioners, water heaters, other major pieces of equipment, and plumbing, venting, electrical or gas supply systems when altered.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(b) 
Exemptions.
[1] 
Exempted are reroofing and finishing of interior surfaces, installation of cabinetry, and minor repair as deemed by the Building Inspector. However, unless structural calculations are provided, no more than two layers of roofing shall be installed on a roof.
[2] 
Exempt are normal repairs performed in Subsection A(1)(a)[4] to [6].
[3] 
Agricultural buildings are exempt, but notification must be provided to the Village Clerk-Treasurer for assessment purposes.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Alterations and repairs. The following provisions shall apply to buildings altered or repaired:
(a) 
Alterations. When any existing building or structure accommodates a legal occupancy and use but is of a substandard type of construction, then alterations which involve beams, girders, columns, bearings or other walls, room arrangement, heating and air-conditioning systems, light and ventilation or changes in location of exit stairways or exits, or any or all of the above, may be made in order to bring such existing construction into conformity with the minimum requirements of this chapter applicable to such occupancy and use and given type of construction, when not in conflict with any other regulations.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(b) 
Repairs. Repairs for purposes of maintenance or replacements in any existing building or structure which do not involve the structural portions of the building or structure or which do not affect room arrangement, light and ventilation, access to or efficiency of any exit stairways or exits, fire protection, or exterior aesthetic appearance and which do not increase a given occupancy or use shall be deemed minor repairs.
(c) 
Alterations when not permitted. When any existing building or structure which, for any reason whatsoever, does not conform to the regulations of this chapter has deteriorated from any cause whatsoever to an extent greater than 50% of the equalized value of the building or structure, no alterations or moving of such building or structure shall be permitted. Any such building or structure shall be considered a menace to public safety and welfare and shall be ordered vacated and thereafter demolished and debris removed from the premises.
(d) 
Alterations and repairs required. When any of the structural members of any building or structure have deteriorated from any cause whatsoever to less than their required strength, the owner of such a building or structure shall cause such structural members to be restored to their required strength, failing in which the building or structure shall be considered a menace to public safety and shall be vacated, and thereafter no further occupancy or use of the same shall be permitted until the regulations of this chapter are complied with.
(e) 
Extent of deterioration. The amount and extent of deterioration of any existing building or structure shall be determined by the Building Inspector.
B. 
Application. Application for a building permit shall be made in writing upon a form furnished by the Building Inspector or his designee and shall state the name and address of the owner of the land and also the owner of the building if different, the legal description of the land upon which the building is to be located, the name and address of the designer, the use to which said building is to be put and such other information as the Building Inspector may require.
C. 
Site plan.
(1) 
Site plan approval. All applications for building permits for any construction, reconstruction, expansion or conversion, except for one- and two-family residences in residentially zoned districts, shall require site plan approval by the Village Board in accordance with the requirements of this section. The applicant shall submit a site plan and sufficient plans and specifications of proposed buildings, machinery and operations to enable the Village Board or its expert consultants to determine whether the proposed application meets all the requirements applicable thereto in this chapter.
(2) 
Administration. The Building Inspector shall make a preliminary review of the application and plans and refer them along with a report of his findings to the Village Board. The Village Board shall review the application and may refer the application and plans to one or more expert consultants selected by the Village Board to advise whether the application and plans meet all the requirements applicable thereto in this chapter. Within 30 days of its receipt of the application, the Village Board shall authorize the Building Inspector to issue or refuse a building permit.
(3) 
Requirements. In acting on any site plan, the Village Board shall consider the following:
(a) 
The appropriateness of the site plan and buildings in relation to the physical character of the site and the usage of adjoining land areas.
(b) 
The layout of the site with regard to entrances and exits to public streets; the arrangement and improvement of interior roadways; the location, adequacy and improvement of areas for parking and for loading and unloading; and shall, in this connection, satisfy itself that the traffic pattern generated by the proposed construction or use shall be developed in a manner consistent with the safety of residents and the community, and the applicant shall so design the construction or use as to minimize any traffic hazard created thereby.
(c) 
The adequacy of the proposed water supply, drainage facilities and sanitary and waste disposal.
(d) 
The landscaping and appearance of the completed site. The Village Board may require that those portions of all front, rear and side yards not used for off-street parking shall be attractively planted with trees, shrubs, plants or grass lawns, and that the site be effectively screened so as not to impair the value of adjacent properties nor impair the intent or purposes of this section.
(4) 
Effect on municipal services. Before granting any site approval, the Village Board may, besides obtaining advice from consultants, secure such advice as may be deemed necessary from the Building Inspector or other municipal officials, with special attention to the effect of such approval upon existing municipal services and utilities. Should additional facilities be needed, the Village Board shall not issue the final approval until the Village has entered into an agreement with the applicant regarding the development of such facilities.
(5) 
Appeals. Denials of building permits contingent upon site plan approval may be appealed to the Zoning Board of Appeals by filing a notice of appeal with the Village Clerk-Treasurer within 10 days of the denial.
D. 
Dedicated street and approved subdivision required. No building permit shall be issued unless the property on which the building is proposed to be built abuts a street that has been dedicated for street purposes. No building permits shall be issued until the subdivision and required improvements are accepted by the Village Board.
E. 
Utilities required.
(1) 
Residential buildings. No building permit shall be issued for the construction of any residential building until sewer, water, grading and graveling are installed in the streets necessary to service the property for which the permit is required and a receipt for payment of electrical hookup is presented to the Building Inspector.
(2) 
Nonresidential building. No building permit shall be issued for the construction of any building other than residential until contracts have been let for the installation of sewer, water, grading and graveling in the streets necessary to service the property for which the permit is requested.
(3) 
Occupancy. No person shall occupy any building until sewer, water, grading and graveling are installed in the streets necessary to service the property, and an occupancy permit shall not be issued until such utilities are available to service the property.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Submission of plans. Two sets of building plans shall be submitted to the Inspector for any work which expands the size of a building, any new building or as required by the Inspector. If a new building or building addition is proposed, then a plot plan showing such proposed work and existing buildings and property lines shall be submitted. A third set of plans may be requested at the discretion of the Building Inspector for the Assessor.
G. 
Waiver of plans; minor repairs.
(1) 
Waiver. If the Building Inspector finds that the character of the work is sufficiently described in the application, he may waive the filing of plans for alterations, repairs or moving, provided the cost of such work does not exceed $2,000.
(2) 
Minor repairs. The Building Inspector may authorize minor repairs or maintenance work on any structure or to heating, ventilating or air-conditioning systems installed therein valued at less than $1,000, as determined by the Building Inspector, which do not change the occupancy area, exterior aesthetic appearance, structural strength, fire protection, exits, light or ventilation of the building or structure without issuance of a building permit.
H. 
Approval of plans; permit issuance.
(1) 
Permit issuance. If the Building Inspector determines that the building will comply in every respect with all ordinances and orders of the Village and all applicable laws and orders of the State of Wisconsin, he shall issue a building permit, which shall state the use to which said building is to be put, which shall be kept and displayed at the site of the proposed building. The Inspector shall issue the requested permit after all state, county and local submission requirements are satisfied. If a permit card is issued, it shall be posted at the job site in a visible location from the street. Permits are valid for two years. After being approved, the plans and specifications shall not be altered in any respect which involves any of the above-mentioned ordinances, laws or orders or which involves the safety of the building or the occupants, except with the written consent of the Building Inspector.
(2) 
Partial authorization. In case adequate plans are presented for part of the building only, the Building Inspector, at his discretion, may issue a permit for that part of the building before receiving the plans and specifications for the entire building.
(3) 
Completion deposit required. A deposit of $500 is required for all new construction. It shall be refunded after the project is completed and no noncompliances are found by the Inspector, the lawn and driveway inspections are completed and approval given by the Director of Public Works, and all other fees are paid. It shall be forfeited if occupancy occurs before final inspection or extends after a temporary occupancy permit expires. It shall also be forfeited if the exterior is not finished within two years of permit issuance.
[Amended 6-2-2003]
I. 
Inspections.
(1) 
The following inspections shall be requested 48 hours in advance by the applicant/contractor or property owner, as applicable:
(a) 
Footing/foundation.
(b) 
Rough carpentry, HVAC, electric and plumbing.
(c) 
Drain tile/basement floor.
(d) 
Underfloor plumbing/electric service.
(e) 
Insulation.
(f) 
Final carpentry, HVAC, electric and plumbing.
(g) 
Erosion control.
(2) 
Failure to request any inspection will be the responsibility of the contractor and/or property owner.
(3) 
Completion deposit required. A deposit of $500 is required for all new construction. It shall be refunded after the project is completed and no noncompliances are found by the Inspector, the lawn and driveway inspections are completed and approval given by the Director of Public Works, and all other fees are paid. It shall be forfeited if occupancy occurs before final inspection or extends after a temporary occupancy permit expires. It shall also be forfeited if the exterior is not finished within two years of permit issuance.
[Amended 6-2-2003]
J. 
Permit lapses. A building permit shall lapse and be void unless building operations are commenced within six months or if construction has not been completed within two years from the date of issuance thereof.
K. 
Revocation of permits.
(1) 
The Building Inspector or the Village Board may revoke any building, plumbing or electrical permit, occupancy permit or approval issued under the regulations of this chapter and may stop construction or use of approved new materials, equipment, methods of construction, devices or appliances for any of the following reasons:[5]
(a) 
Whenever the Building Inspector shall find at any time that applicable ordinances, laws, orders, plans and specifications are not being complied with and that the holder of the permit refused to conform after written warning has been issued to him.
(b) 
Whenever the continuance of any construction becomes dangerous to life or property.
(c) 
Whenever there is any violation of any condition or provisions of the application for permit or of the permit.
(d) 
Whenever, in the opinion of the Building Inspector, there is inadequate supervision provided on the job site.
(e) 
Whenever any false statement or misrepresentation has been made in the application for permit, plans, drawings, data specifications or certified lot or plot plan on which the issuance of the permit or approval was based.
(f) 
Whenever there is a violation of any of the conditions of an approval or occupancy permit given by the Building Inspector for the use of all new materials, equipment, methods or construction devices or appliances.
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
The notice revoking a building, plumbing or electrical permit, occupancy permit or approval shall be in writing and may be served upon the applicant for the permit, owner of the premises and his agent, if any, and on the person having charge of construction.[6]
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
A revocation placard shall also be posted upon the building, structure, equipment or premises in question by the Building Inspector.
(4) 
After the notice is served upon the persons as aforesaid and posted, it shall be unlawful for any person to proceed thereafter with any construction operation whatsoever on the premises, and the permit which has been so revoked shall be null and void, and before any construction or operation is again resumed, a new permit, as required by this chapter, shall be procured and fees paid therefor, and thereafter the resumption of any construction or operation shall be in compliance with the regulations of this chapter. However, such work as the Building Inspector may order as a condition precedent to the reissuance of the building permit may be performed, or such work as he may require for the preservation of life and safety.
L. 
Report of violations. Village officers shall report at once to the Building Inspector any building which is being carried on without a permit as required by this chapter.
M. 
Display of permit. Building permits shall be displayed in a conspicuous place on the premises where the authorized building or work is in progress at all times during construction or work thereon.

§ 226-3 Uniform Dwelling Code. [1]

A. 
Adoption of code. The Wisconsin Uniform Dwelling Code, consisting of the following chapters of the Wisconsin Administrative Code and subsequent revisions, is adopted and incorporated by reference for municipal enforcement:
Ch. SPS 320, Administration and Enforcement
Ch. SPS 321, Construction Standards
Ch. SPS 322, Energy Conservation
Ch. SPS 323, Heating, Ventilating and Air Conditioning
Ch. SPS 324, Electrical Standards
Ch. SPS 325, Plumbing
B. 
Scope of Uniform Dwelling Code expanded. For the purposes of this code, the Wisconsin Uniform Dwelling Code is the standard for construction of the following:
(1) 
Additions, alterations and major equipment replacement for one- and two-family dwellings built prior to June 1, 1980.
(2) 
Detached garages greater than 200 square feet serving one- and two-family dwellings. Grade beam slabs are required for private, residential garages with a continuous floating slab of reinforced concrete and shall not be less than four inches in thickness. Reinforcement shall be a minimum of six-inch by six-inch, No. 10 wire mesh. The slab shall be provided with a thickened edge all around, eight inches wide and eight inches below the top of the slab. (Exempted are frost-free footings for detached residential accessory buildings.) Chapter SPS 322, Wis. Adm. Code, shall not apply.
(3) 
Other detached accessory buildings. Concrete slabs, frost-free footings, etc., are not required, but, if they are installed, they shall follow Subsection B(2) above and/or Ch. SPS 321, Wis. Adm. Code.
C. 
Method of enforcement.
(1) 
Certified Inspector to enforce. The Building Inspector and his delegated representatives are hereby authorized and directed to administer and enforce all of the provisions of the Uniform Dwelling Code. The Building Inspector shall be certified for inspection purposes by the Department in each of the categories specified under Ch. SPS 305, Wis. Adm. Code, which is hereby adopted by reference and made a part of this chapter.
(2) 
Subordinates. The Building Inspector may appoint, as necessary, subordinates as authorized by the Village Board.
(3) 
Duties. The Building Inspector shall administer and enforce all provisions of this chapter and the Uniform Dwelling Code.
(4) 
Inspection powers. The Building Inspector or an authorized certified agent may at all reasonable hours enter upon any public or private premises for inspection purposes and may require the production of the permit for any building, plumbing, electrical or heating work. No person shall interfere with or refuse to permit access to any such premises to the Building Inspector or his agent while in the performance of his duties.
(5) 
Records. The Building Inspector shall perform all administrative tasks required by the Department under the Uniform Dwelling Code. In addition, the Building Inspector shall keep a record of all applications for building permits in a book for such purposes and shall regularly number each permit in the order of its issue. Also, a record showing the number, description and size of all buildings erected indicating the kind of materials used and the cost of each building and aggregate cost of all one- and two-family dwellings shall be kept.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 226-4 Construction standards. [1]

A. 
Portions of State Building Code adopted. Chapters SPS 361 through SPS 366, Wis. Adm. Code (Wisconsin Commercial Building Code), are hereby adopted and made a part of this chapter with respect to those classes of buildings to which this Building Code specifically applies. Any future amendments, revisions and modifications of said Chs. SPS 361 to SPS 366 incorporated herein are intended to be made a part of this code. A copy of said Chs. SPS 361 to SPS 366 and amendments thereto shall be kept on file in the office of the Village Clerk-Treasurer.
B. 
State Plumbing Code adopted. The provisions and regulations of Ch. 145, Wis. Stats., and Chs. SPS 381 to SPS 387, Wis. Adm. Code, are hereby made a part of this chapter by reference and shall extend over and govern the installation of all plumbing installed, altered or repaired in the Village. Any further amendments, revisions and modifications of said Wisconsin Statutes and Administrative Code adopted herein are intended to be made part of this chapter.
C. 
State Electrical Code adopted. Subject to the exceptions set forth in this chapter, the Electrical Code, Volume 1, and Rules of Electrical Code, Volume 2, of the Wisconsin Administrative Code are hereby adopted by reference and made a part of this chapter and shall apply to all buildings.
D. 
Historic buildings. Chapters SPS 375 through SPS 379, Wis. Adm. Code (Buildings Constructed Prior to 1914), are hereby adopted and made a part of this chapter.
E. 
Conflicts. If, in the opinion of the Building Inspector and the Village Board, the provisions of the State Building Code adopted by Subsection A of this section shall conflict with the provisions of the Federal Housing Administration standards in their application to any proposed building or structure, the Inspector and/or the Village shall apply the most stringent provisions in determining whether or not the proposed building meets the requirements of this section.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 226-5 New methods and materials.

A. 
All materials, methods of construction and devices designed for use in buildings or structures covered by this chapter and not specifically mentioned in or permitted by this chapter shall not be so used until approved in writing by the State Department of Safety and Professional Services for use in buildings or structures covered by the Wisconsin State Building Code, except sanitary appliances, which shall be approved in accordance with the State Plumbing Code.
B. 
Such materials, methods of construction and devices, when approved, must be installed or used in strict compliance with the manufacturer's specifications and any rules or conditions of use established by the State Department of Safety and Professional Services. The data, test and other evidence necessary to prove the merits of such material, method of construction or device shall be determined by the State Department of Safety and Professional Services.

§ 226-6 Unsafe buildings.

Whenever the Building Inspector or Village Board finds any building or part thereof within the Village to be, in his or its judgment, so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human occupancy or use and so that it would be unreasonable to repair the same, the Building Inspector or Village Board shall order the owner to raze and remove such building or part thereof or, if it can be made safe by repairs, to repair and make safe and sanitary or to raze and remove at the owner's option. Such order and proceedings shall be as provided in § 66.0413, Wis. Stats.

§ 226-7 Disclaimer on inspections.

The purpose of the inspections under this chapter is to improve the quality of housing in the Village of Dane. The inspections and the reports and findings issued after the inspections are not intended as, nor are they to be construed as, a guarantee. In order to so advise owners and other interested persons, the following disclaimer shall be applicable to all inspections under this chapter: "These findings of inspection contained herein are intended to report conditions of noncompliance with code standards that are readily apparent at the time of inspection. The inspection does not involve a detailed examination of the mechanical systems or the closed structural and nonstructural elements of the building and premises. No warranty of the operation, use or durability of equipment and materials not specifically cited herein is expressed or implied."

§ 226-8 Private garages.

Private garages shall be built in accordance with the general construction standards established in the Wisconsin Uniform Dwelling Code.

§ 226-9 Demolition of structures.

A. 
Demolition permit required. All persons who demolish or cause to be demolished any structure or part of a structure larger than 400 square feet within the Village shall apply for and obtain a demolition permit from the Building Inspector prior to undertaking any steps to demolish the structure.
B. 
Application.
(1) 
An application for a permit to demolish all or part of a building shall include the following information:
(a) 
The name and address of the owner of the building on the date of application and, if different, on the date of demolition;
(b) 
The name, address and telephone number of the contractor(s) performing the demolition work;
(c) 
The date upon which demolition is to commence;
(d) 
The date by which demolition shall be complete;
(e) 
A list of all hazardous waste and hazardous and toxic substances (as defined by § NR 661.03, Wis. Adm. Code, as amended from time to time) contained in the building, a statement as to whether the building contains asbestos [as defined by § 254.11(1), Wis. Stats.], and a detailed description of the method to be used in removing, transporting and disposing of any hazardous waste, hazardous and toxic substances, and asbestos;[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(f) 
A detailed description of how and where the waste materials resulting from the demolition will be transported and disposed of (including the description of the route to be used by trucks in hauling the waste);
(g) 
A description of the method of demolition to be used; and
(h) 
A description in detail of all methods to be used to prevent water runoff and soil erosion from the site to neighboring properties and to prevent releasing unreasonable amounts of dust from the site.
(2) 
Along with the application for permit for demolition, the applicant shall present a release from all utilities serving the property, stating that their respective service connections and appurtenant equipment such as meters and regulators have been removed or sealed and plugged in a safe manner.
C. 
Demolition. The demolition shall be conducted in a manner that is safe and that does not adversely affect the environment.
D. 
Clearing and leveling the site.
(1) 
The site of any demolition shall be properly cleared of debris, rubbish and pavement and shall be properly graded and leveled to conform with the adjoining grade of the neighboring property, and when so graded and leveled, the site shall be seeded, sodded or treated in some other manner acceptable to the Building Inspector so as to prevent blowing dust, dirt, or sand. Excavations remaining after demolition shall be filled, graded and leveled off, not later than 30 consecutive days after demolition is completed.
(2) 
Excavations from demolished buildings or structures shall not be filled with any materials subject to deterioration. The Building Inspector, upon notification by the permit holder, the owner or his agent, in writing and upon forms provided by the Building Inspector for that purpose, shall, within 72 hours, inspect each excavation, or part thereof, before filling any excavation.
(3) 
It shall be unlawful to fill any such excavation without inspection and approval of the Building Inspector. Voids in filled excavations shall not be permitted. In the event of the unavailability of the Building Inspector to conduct an inspection within the 72 hours after written notice, the permit holder, owner or his agent may retain the services of a certified, qualified municipal inspection service to obtain an opinion that approves filling of the excavation. Said opinion shall be deemed a sufficient approval by the Village, provided that a written copy of the opinion is delivered to the Clerk-Treasurer at least 48 hours before filling of the excavation commences.
E. 
Removal and disposal. Removal, transportation and disposal of all hazardous waste, hazardous and toxic substances, and asbestos shall be conducted in compliance with all applicable state, federal and local statutes, ordinances and regulations. The permit holder shall give the Building Inspector 72 hours' written notice prior to any removal, transportation or disposal of hazardous waste, hazardous and toxic substances, and asbestos.

§ 226-10 Basements; excavations.

A. 
Basement subflooring. First-floor subflooring shall be completed within 60 days after the basement is excavated.
B. 
Fencing of excavations. The owner of any premises on which there exists an opening or excavation which is located in close proximity to a public sidewalk or street right-of-way so as to constitute a hazard to pedestrian or vehicular traffic shall erect a fence, wall or railing at least four feet high between such opening or excavation and the public right-of-way.
C. 
Closing of abandoned excavations. Any excavation for building purposes or any uncovered foundation which shall remain open for more than three months shall be deemed abandoned and a nuisance, and the Building Inspector shall order that, unless the erection of the building or structure on the excavation or foundation shall commence or continue forthwith, suitable safeguards shall be provided to prevent accidental injury to children or other frequenters or that the excavation or foundation be filled to grade. Such order shall be served upon the owner of record or the owner's agent, where an agent is in charge of the premises, and upon the holder of an encumbrance of record in the manner provided for service of a summons in the Circuit Court. If the owner or the holder of an encumbrance of record cannot be found, the order may be served by posting it on the premises and publication in accordance with Chapter 135 of this Code at least 10 days before the time for compliance stated in the order commences to run. Such time shall be not less than 14 nor more than 20 days after service. If the owner of the land fails to comply with the order within the time required, the Building Inspector shall cause the excavation or foundation to be filled to grade. The cost of such abatement shall be charged against the real estate and entered on the next succeeding tax roll as a special charge and shall bear interest at a rate established by the Village Board from the date of the report by the Building Inspector on the cost thereof, pursuant to the provisions of § 66.0627, Wis. Stats.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 226-11 Discharge of clear waters.

A. 
Discharge. No person shall cause, allow or permit any roof drain, surface drain, subsoil drain, drain from any mechanical device, gutter, ditch, pipe, conduit, sump pump or any other object or thing used for the purposes of collecting, conducting, transporting, diverting, draining or discharging clear water from any part of any private premises owned or occupied by said person to discharge into a sanitary sewer.
B. 
Nuisance. The discharge into a sanitary sewer from any roof drain, surface drain, subsoil drain, drain from any mechanical device, gutter, ditch, pipe, conduit, sump pump or any other object or thing used for the purposes of collecting, conducting, transporting, diverting, draining or discharging clear water from any part of any private premises is hereby declared to be a public nuisance and a hazard to the health, safety and well-being of the residents of the Village and to the protection of the property.
C. 
Groundwater. Where deemed necessary by the Building Inspector, every house shall have a sump pump installed for the purpose of discharging clear waters from foundation drains and ground infiltration and, where the building is not serviced by a storm sewer, shall either discharge into an underground conduit leading to a drainage ditch, gutter, or dry well or shall discharge onto the ground surface in such other manner as will not constitute a nuisance as defined herein.
D. 
Stormwater. All roof drains, surface drains, drains from any mechanical device, gutters, pipe, conduits or any other objects or things used for the purpose of collecting, conducting, transporting, diverting, draining or discharging stormwaters shall be discharged either to a storm sewer, a dry well, an underground conduit leading to a drainage ditch or onto the ground surface in such other manner as will not constitute a nuisance as defined herein.
E. 
Storm sewer lateral. Where municipal storm sewers are provided and it is deemed necessary by the property owner and/or the Village to discharge clear waters from a parcel of land, a storm sewer lateral shall be installed and connected to the storm sewer main at the expense of the owner.
F. 
Conducting tests. If the Building Inspector or his designated agent suspects an illegal clear water discharge as defined by this chapter or by any other applicable provision of the Wisconsin Administrative Code as it may, from time to time, be amended, he may, upon reasonable notice and at reasonable times, enter the private premises where such illegal clear water discharge is suspected and conduct appropriate tests to determine whether such suspected illegal clear water discharge actually exists.

§ 226-12 Duplex service connections.

Each unit of a duplex shall have a separate water and sewer service.

§ 226-13 Moving of buildings and structures.

A. 
General requirements.
(1) 
No person shall move any building or structure greater than 200 square feet upon any of the public ways of the Village without first obtaining a permit therefor from the Building Inspector and upon the payment of the required fee. Every such permit issued by the Building Inspector for the moving of a building shall designate the route to be taken and the conditions to be complied with and shall limit the time during which said moving operations shall be continued.
(2) 
A report shall be made by Village employees with regard to possible damage to trees. The estimated cost of trimming, removal and replacement of public trees, as determined by the Village, shall be paid to the Village Clerk-Treasurer prior to issuance of the moving permit.
(3) 
Issuance of a moving permit shall further be conditioned on approval of the moving route by the Village Board.
B. 
Moving damaged buildings. No building shall be repaired, altered or moved within or into the Village that has deteriorated or has been damaged by any cause (including such moving and separation from its foundation and service connections in case of moved buildings) to the extent of 50% or more of its equalized value, and no permit shall be granted to repair, alter or move such building within or into the Village. Furthermore, if the equalized assessed value of the building is not within 20% of the surrounding buildings where the building is proposed to be moved to, no permit shall be granted unless the building is improved to be within the 20%.
C. 
Continuous movement. The movement of buildings shall be a continuous operation during all the hours of the day and at night until such movement is fully completed. All such operations shall be performed with the least possible obstruction to thoroughfares. No building shall be allowed to remain overnight upon any street crossing or intersection or so near thereto as to prevent easy access to any fire hydrant or any other public facility. Lights shall be kept in conspicuous places at each end of the building during the night.
D. 
Street repair. Every person receiving a permit to move a building shall, within one day after said building reaches its destination, report that fact to the Building Inspector, who shall inspect the streets, highways and curbs and gutters over which said building has been moved and ascertain their condition. If the removal of said building has caused any damage to any street or highway, the person to whom the permit was issued shall forthwith place them in as good repair as they were before the permit was granted. On the failure of said permittee to do so within 10 days thereafter to the satisfaction of the Village Board, the Village shall repair the damage done to such streets and hold the person obtaining such permit and the sureties on his bond responsible for the payment of the same.
E. 
Conformance with code. No permit shall be issued to move a building within or into the Village and to establish it upon a location within said Village until the Building Inspector has made an investigation of such building at the location from which it is to be moved and is satisfied from such investigation that said building is in a sound and stable condition and of such construction that it will meet the requirements of this Building Code in all respects. A complete plan of all further repairs, improvements and remodeling with reference to such building shall be submitted to the Building Inspector, and he shall make a finding of fact to the effect that all such repairs, improvements and remodeling are in conformity with the requirements of this Building Code and that, when the same are completed, the building as such will so comply with said Building Code. In the event that a building is to be moved from the Village to some point outside the boundaries thereof, the provisions with respect to the furnishing of plans and specifications for proposed alterations to such building may be disregarded.
F. 
Bond.
(1) 
Before a permit is issued to move any building over any public way in the Village, the party applying therefor shall give a bond to the Village of Dane in a sum to be fixed by the Building Inspector and which shall not be less than $5,000, said bond to be executed by a corporate surety or two personal sureties to be approved by the Village Board or designated agent, conditioned upon, among other things, the indemnification of the Village for any costs or expenses incurred by it in connection with any claims for damages to any persons or property and the payment of any judgment, together with the costs and expenses incurred by the Village in connection therewith arising out of the removal of the building for which the permit is issued.
(2) 
Unless the Building Inspector, upon investigation, shall find it to be a fact that the excavation exposed by the removal of such building from its foundation shall not be so close to a public thoroughfare as to permit the accidental falling therein of travelers or the location, nature and physical characteristics of the premises and the exposed excavation such as to make intrusion upon the premises and the falling into such excavation of children under 12 years of age unlikely, the bond required by Subsection F(1) shall be further conditioned upon the permittee erecting adequate barriers and, within 48 hours, filling in such excavation or adopting and employing such other means, devices or methods approved by the Building Inspector and reasonably adopted or calculated to prevent the occurrences set forth herein.
G. 
Insurance. The Building Inspector shall require, in addition to said bond above indicated, public liability insurance covering injury to one person in the sum of not less than $1,000,000 and, for one accident, aggregate not less than $5,000,000, together with property damage insurance in a sum not less than $1,000,000, or such other coverage as deemed necessary.
H. 
Village Board approval.
(1) 
No such permit shall be issued unless it has been found as a fact by the Village Board of the municipality by at least a majority vote, after an examination of the application for the permit which shall include exterior elevations of the building and accurate photographs of all sides and views of the same and, in case it is proposed to alter the exterior of said building, plans and specifications of such proposed alterations and after a view of the building proposed to be moved and of the site at which it is to be located, that the exterior architectural appeal and functional plans of the building to be moved or moved and altered will not be so at variance with either the exterior architectural appeal and functional plan of the buildings already constructed or in the course of construction in the immediate neighborhood or in the character of the applicable district established by Chapter 520, Zoning, or any ordinance amendatory thereof or supplementary thereto, as to cause a substantial depreciation of the property values of said neighborhood within said applicable district. In case the applicant proposed to alter the exterior of said building after moving the same, he shall submit, with his application papers, complete plans and specifications for the proposed alterations. Before a permit shall be issued for a building to be moved and altered, the applicant shall give a cash bond to the Village Board, which shall not be less than $5,000, to be executed in the manner provided in Subsection F hereof, to the effect that he will, within a time to be set by the Village Board, complete the proposed exterior alterations to said building in the manner set forth in his plans and specifications. This bond shall be in addition to any other bond or surety which may be required by other applicable ordinances of the Village. No occupancy permit shall be issued for said building until the exterior alterations proposed to be made have been completed.
(2) 
Upon application being made to the Building Inspector, he shall request a meeting of the Village Board to consider applications for moving permits which he has found comply, in all respects, with all other ordinances of the Village. The Village Board may, if it desires, hear the applicant for the moving permit in question and/or the owner of the lot on which it is proposed to locate the building in question, together with any other persons, either residents or property owners, desiring to be heard, giving such notice of hearing as it may deem sufficient. Such hearing may be adjourned for a reasonable length of time, and, within 48 hours after the close of the hearing, the Village Board shall, in writing, make or refuse to make the finding required by Subsection H(1) hereof and file it in the office of the Clerk-Treasurer, who shall send a copy of it to the Building Inspector.

§ 226-14 Occupancy permits.

If no noncompliances are found by the Building Inspector, then the Inspector shall issue an occupancy permit. If minor noncompliances other than health or safety items are in existence, the Inspector may issue a temporary occupancy permit for a specified term. Occupancy may not be taken until an occupancy permit is issued.

§ 226-15 Change of ownership; certificate of compliance.

A. 
Purpose. In order to prevent the development of hazardous conditions presenting a threat to the well-being of occupants of buildings and to other persons, and to prevent the deterioration of buildings and appurtenances related thereto resulting in substantial depreciation in the property values of the neighborhood, and in order to protect and secure the health, safety and welfare of those living in the Village of Dane, it is necessary that buildings and appurtenances related thereto in the Village of Dane be kept in a reasonable state of repair.
B. 
Certificates of compliance required.
(1) 
Except as otherwise provided herein, whenever there is a proposed change of ownership of any structure requiring an occupancy permit, including but not limited to any commercial building, industrial building, retail facilities, manufacturing plant or facility, warehouse, office structure, residential building (excluding freestanding, owner-occupied single-family homes) or part thereof, such as a dwelling or multifamily building, and any appurtenance related to any of the foregoing structures, such change shall not be made unless a certificate of compliance has been issued by the Village dated not earlier than one year prior to the change of ownership.
(2) 
Changes in ownership or accepting change of ownership without such certificate of compliance is a violation of this chapter, subjecting the person, firm or corporation so changing ownership or accepting change of ownership to the penalties hereinafter set forth in this chapter.
(3) 
In order not to delay or impede a pending change of ownership (sale), the Building Inspector may issue a temporary certificate of compliance if the code violations existing at the time of the change of ownership (sale), in the opinion and judgment of appropriate Village officials, are not an immediate and imminent threat to the health or safety of the owners, the tenants or the occupants of the property in question.
(4) 
Under such circumstances, the former owner (seller) and the new owner (buyer) shall be jointly and severally liable and responsible for correcting all code violations existing at the time the change of ownership occurs, said corrections to take place within the time established by the Village. Failure to correct such code violations shall subject said owners to the penalties aforementioned.
C. 
Requirements.
(1) 
A certificate of compliance shall be issued by the Village of Dane after an inspection of the premises discloses that the premises are in compliance with the Building Code, Property Maintenance Code, Plumbing Code and Electrical Code and applicable property maintenance ordinances.
(2) 
Compliance with the provisions of said codes shall be met if the provisions of the respective codes in effect at the time of the inspection are met or if the provisions of the codes in effect at the time the permit was issued for the particular construction or installation were met.
(3) 
In a situation where there is compliance with the applicable code in effect at the time a permit was issued but there is noncompliance with the current code and, in the opinion of the appropriate Village official, the situation presents a hazardous condition endangering health or safety, the Building Inspector, or his/her designee, shall issue a noncompliance notice setting forth the hazardous condition.
D. 
Noncompliance. If an inspection by the Village discloses noncompliance with any of the Village codes referred to herein, the Village shall issue a noncompliance notice setting forth the areas of noncompliance and stating that the premises shall be brought into compliance within 30 days or a reasonable time thereafter. When a subsequent inspection discloses compliance, a certificate of compliance shall be issued. If there is continual noncompliance after the time limit established by the Village, no new occupancies shall be permitted. Entry into occupancy after the compliance period established by the Village has elapsed without such certificate of compliance having been issued is a violation of the Village codes, subjecting the person, firm or corporation so entering into occupancy, or the owner of the premises permitting such occupancy, to the penalties set forth in this chapter.
E. 
No warranty implied. A certificate of compliance indicates that so far as can be reasonably determined by a visual inspection of the premises and a review of Village records, the premises meet the requirements of Village codes. Neither the Village of Dane nor its inspectors assume any liability in the inspection or the issuance of a certificate of compliance and by the issuance of a certificate of compliance does not guarantee or warrant as to the condition of the premises inspected.
F. 
Permission to inspect. If the owner of the premises refuses to grant the Village or its representatives permission to inspect the premises, no such inspection shall be made unless a special inspection warrant authorized and provided for under § 66.0119, Wis. Stats., is properly obtained.
G. 
Fee and notice requirements. A fee, as from time to time set by the Village Board, shall be paid to the Village of Dane for inspection of the premises required prior to the issuance of a certificate of compliance, which fee shall be paid at the time of applying for such inspection. There shall be a minimum of 10 working days' notice to the Building Inspector before inspection of said property shall be required, subsequent to which inspection shall occur as soon as reasonably practicable. If more than one reinspection is required, an additional fee, as from time to time set by the Village Board, shall be paid in advance for each reinspection.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 226-16 Severability.

If any section, clause, provision or portion of this chapter, or of the Wisconsin Administrative Code adopted by reference, is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions shall not be affected.

§ 226-17 Violations and penalties; notice of violation; appeals; liability.

A. 
Any building or structure hereafter erected, enlarged, altered or repaired or any use hereafter established in violation of the provisions of this chapter shall be deemed an unlawful building, structure or use. The Building Inspector shall promptly report all such violations to the Village Board and Village Attorney, who shall bring an action to enjoin the erection, enlargement, alteration, repair or moving of such building or structure or the establishment of such use of buildings in violation of this chapter or to cause such building, structure or use to be removed, and such violation may also be subject to a penalty as provided in § 1-4 of this Code. In any such action, the fact that a permit was issued shall not constitute a defense, nor shall any error, oversight or dereliction of duty on the part of the Building Inspector or other Village officials constitute a defense. Compliance with the provisions of this chapter may also be enforced by injunctional order at the suit of the owner or owners of any real estate within the jurisdiction of this chapter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Notice of violation.
(1) 
If an inspection reveals a noncompliance with this chapter or the Uniform Dwelling Code, the Building Inspector shall notify the applicant and the owner, in writing, of the violation to be corrected. All cited violations shall be corrected within 30 days after written notification, unless an extension of time is granted pursuant to § SPS 320.21, Wis. Adm. Code.
(2) 
If, after written notification, the violation is not corrected within 30 days, a stop-work order may be served on the owner or his or her representative, and a copy thereof shall be posted at the construction site. Such stop-work order shall not be removed except by written notice of the Building Inspector after satisfactory evidence has been supplied that the cited violation has been corrected.
(3) 
Each day each violation continues after the thirty-day written notice period has run shall constitute a separate offense. Nothing in this chapter shall preclude the Village from maintaining any appropriate action to prevent or remove a violation of any provision of this chapter or the Uniform Dwelling Code.
(4) 
If any construction or work governed by the provisions of this chapter or the Uniform Dwelling Code is commenced prior to the issuance of a permit, double fees shall be charged.
C. 
Any person feeling aggrieved by an order or a determination of the Building Inspector may appeal from such order or determination to the Zoning Board of Appeals. Those procedures customarily used to effectuate an appeal to the Zoning Board of Appeals shall apply.
D. 
Except as may otherwise be provided by statute or ordinance, no officer, agent or employee of the Village of Dane charged with the enforcement of this chapter shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this chapter. Any suit brought against any officer, agent or employee of the Village as a result of any act required or permitted in the discharge of his duties under this chapter shall be defended by the legal representative of the Village until the final determination of the proceedings therein.[2]
[2]
Editor's Note: Original Sec. 15-1-18, Storage of junk regulated, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 226-18 Fees for permits. [1]

Fees for permits shall be as set from time to time by the Village Board, and current rates are on file in the office of the Village Clerk-Treasurer.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).