Town of Greenville, WI
Outagamie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Greenville 1-1-2006. Amendments noted where applicable.]
GENERAL REFERENCES
Erosion and sediment control — See Ch. 117.
Fire prevention — See Ch. 148
Stormwater management — See Ch. 255.
Subdivision control — See Ch. 270.
Wind energy systems — See Ch. 314.
Zoning — See Ch. 320.

§ 85-1 Title.

This chapter shall be known as the "Building Code of the Town of Greenville" and will be referred to in this chapter as "this code," this chapter" or "this ordinance."

§ 85-2 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, use and occupancy of all such buildings.

§ 85-3 Scope.

New buildings hereafter erected in, or any building hereafter moved within or into the Town shall conform to all the requirements of this chapter except as they are herein specifically exempted from part or all of its provisions. Any alteration, enlargement or demolition of an existing building and any installation therein of electrical, gas, heating, plumbing, or ventilating equipment which affects the health or safety of the users thereof or any other persons is a "new building" to the extent of such change. Any existing building shall be considered a "new building" for the purposes of this chapter whenever it is used for dwelling, commercial or industrial purposes, unless it was being used for such purpose at the time this chapter was enacted. The provisions of this chapter supplement the law of the State of Wisconsin pertaining to construction and use and Chapter 320, Zoning, and amendments thereto to the date this chapter was adopted and in no way supersede or nullify such laws and said Chapter 320, Zoning.

§ 85-4 State building code adopted.

The Wisconsin State Building Code, Wisconsin Administrative Code Chapters SPS 320 to 325, and Wisconsin Commercial Building Code Chapters SPS 361 to 366, are adopted by reference as a part of this chapter. Any future amendments, revisions or modifications of these codes are intended to be made part of this chapter. A violation of any provision thereof shall be a violation of this chapter.

§ 85-5 Permits.

Before a building permit can be issued, the contractor, owner, or his agent must contact the Town to determine if a culvert permit is needed. This permit is obtained from the Building Inspector or Town Superintendent. The above should also obtain necessary sanitary permits if needed. Building permits are obtained from the Town Clerk or Building Inspector.
A. 
A building permit shall lapse and be void unless building operations are commenced within six months or if construction has not been completed within 12 months from the date of issuance thereof. Exception: Buildings requiring a Wisconsin Uniform Building Permit shall be valid for 24 months.
B. 
Failure to obtain permit: two times the normal fee.

§ 85-6 Permit required.

A. 
General permit requirement. No building of any kind shall be moved within or into the Town and no new building or structure, or any part thereof, shall hereafter be erected, or ground broken for the same, or enlarged, altered, moved, demolished, razed or used within the Town except as herein provided, until a permit therefor shall first have been obtained by the owner, or his authorized agent, from the Building Inspector or Town Clerk. Permits are not required for new siding or minor repairs.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Alterations and repairs. The following provisions shall apply to buildings altered or repaired:
(1) 
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, bearing 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.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
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 existing stairways, or exits, fire protection, or exterior aesthetic appearance and which do not increase a given occupancy of use, shall be deemed minor repairs.
(3) 
Alterations when not permitted. When any existing building or structure does not conform to the regulations of this chapter, or has deteriorated from any cause whatsoever to the extent that the cost of repairs would exceed 50% of the equalized value of the building or structure. The Building Inspector may determine that repairs are unreasonable and deny a permit for alterations or repairs. The Building Inspector may issue orders pursuant to § 66.0413, Wis. Stats.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Application.
(1) 
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 contractor, the use to which said building is to be put and such other information as the Building Inspector may require.
(2) 
With building permit application, the letter from builder concerning drainage plan shall be submitted.
(3) 
Construction plan drawn to 1/4 scale.
(4) 
Plot, site, drainage and erosion control plans drawn to scale.
(a) 
These plans shall include the following:
[1] 
North arrow.
[2] 
Scale of drawing.
[3] 
Area of lot in square feet (area in acres if over an acre).
[4] 
Location of the proposed structure and all existing structures on the lot including outside dimensions of all structures and distances to all lot lines.
[5] 
A copy of the Town approved drainage plan for the lot.
[6] 
Proposed grade elevations for the lot and structure as shown on the Town approved drainage plan for the lot. [NOTE: If the proposed residential structure does not have a full standard basement wall (i.e., has half wall, egress window, walkout basement) or grade has to be adjusted for any building design issue or there is not a Town-approved drainage plan for the lot, the builder or owner shall have a licensed engineer or land surveyor determine the structure and lot line elevations to insure proper drainage of the lot and that surface water will not adversely affect adjacent property.]
(b) 
The owner or agent shall have all lot corners or bends visibly staked prior to excavation.
(c) 
If the proposed residential structure is to be built on a lot larger than 1.5 acres, this rule may be waived by the Town of Greenville. Waivers need approval from both the Town Building Inspector and Town Superintendent.
(5) 
The existing and/or proposed use of all building or parts thereof on the lot.
(6) 
The number of families the building is designed to accommodate.
(7) 
Such other information with regard to the lot and existing or proposed buildings or structures as may be necessary to determine compliance with and provide enforcement of these regulations including, but not limited to, a detailed plan of any existing private domestic sewage treatment and disposal system and location of well.
D. 
Sanitary requirements. No building permit shall be issued for the construction of any residential, commercial or industrial building until a county or state sanitary permit has been issued or sanitary sewer is available.
E. 
Revocation of permits. The building, electrical or heating, ventilating and air conditioning (HVAC) inspector (Building Inspector) may revoke any building, plumbing, HVAC or electrical permit, certificate of occupancy, 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:
(1) 
Whenever the inspector shall find at any time that applicable ordinances, laws, orders, plans and specification are not being complied with and that the holder of the permit refused to conform after written warning or instruction has been issued to him.
(2) 
Whenever the continuance of any construction becomes dangerous to life or property.
(3) 
Whenever there is any violation of any condition or provisions of the application for permit or of the permit.
(4) 
Whenever, in the opinion of the inspector, there is inadequate supervision provided on the job site.
(5) 
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.
(6) 
Whenever there is a violation of any of the conditions of an approval or certificate of occupancy given by the Building Inspector for the use of all new materials, equipment, methods or construction devices or appliances.[4]
(a) 
The notice revoking a building, plumbing, heating or electrical permit shall be in writing and may be served upon the applicant of the permit, owner of the premises or his agent, if any, or on the person having charge of construction.
(b) 
A revocation placard shall also be posted upon the building, structure, equipment or premises in question by the Inspector.
(c) 
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 regulation of this chapter. However, such work as the 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.
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
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.

§ 85-7 Conditions of permit.

A. 
Payment of fees. No permit shall be issued until the fees have been paid.
B. 
Compliance of codes. The permit shall be authorization to proceed with the work and shall not be construed as authority to violate, cancel or set aside any of the provisions of this chapter to the Uniform Dwelling Code, except as specifically stipulated by modification of legally granted variation as described in the application.
C. 
Compliance with permit. All work shall conform to the approved application and plans for which the permit has been issued and any approved amendments thereto.
D. 
Compliance with plot plan and drainage plan. All new work shall be located strictly in accordance with the approved plot plan.
(1) 
Change in plot plan and drainage plan. No lot or plot shall be changed, increased or diminished in area from that shown on the official plot plan, unless revised diagram showing such changes accompanied by the necessary affidavit of owner or agent or applicant shall have been filed and approved; except that such revised plot plan will not be required if the change is caused by reason of an official street opening, street widening or other public improvement.
E. 
Cleanliness; removal of debris. Every building shall be kept reasonably clean during construction and after construction, and shall be kept reasonably free from any accumulation of dirt, filth, rubbish, garbage, excess building materials or other matter in or on the same, or in the yards, courts, passages, areas of alleys connected with or belonging to the same. Sidewalks and streets shall be kept clear and clean of boards, nails or other debris, and shall be further kept clean of accumulation of dirt, and mud or ground. The holder of the permit, whether it be the owner of the premises upon which construction is being undertaken, or the general construction is being undertaken, or the general contractor, or any subcontractor on said building project, shall be responsible for hauling all rubbish and debris away from the construction site, at the contractor's expense or the expense of the subcontractor or the owner, as agreed between the parties, all at no cost to the Town of Greenville. This section includes residential, commercial and industrial construction and any remodeling of existing residential, commercial and industrial properties.

§ 85-8 Existing buildings.

The Wisconsin Uniform Dwelling Code shall also apply to the buildings and conditions where:
A. 
An existing building to be occupied as a one or two-family dwelling, which building was not previously so occupied.
B. 
Additions and alterations, regardless of cost, made to an existing building when deemed necessary in the opinion of the Building Inspector shall comply with the requirements of this chapter for new buildings. The provisions of § 85-10 shall also apply.
C. 
Additions and alterations. Any addition or alteration, regardless of cost, made to a building shall be made in conformity with applicable sections of this chapter.

§ 85-9 Moving of buildings.

A. 
Permit required. No building shall be moved over the streets or roads of the Town of Greenville unless a permit has been granted by the Building Inspector.
B. 
Application.
(1) 
Any person wishing to move a building over the roads or streets of the Town of Greenville shall make application to the Town Building Inspector in a letter of request. Such letters shall also be signed by the owner of the property to where the building is to be moved.
(2) 
The moving of the building shall be continuous during all hours of the day and day by day if the Town Building Inspector so orders until the moving is completed to cause the least possible obstruction to the streets.
(3) 
No building shall be allowed to remain overnight on any street crossing or intersection.
(4) 
Red warning lights shall be placed conspicuously at both ends of the building during the night.
(5) 
If a building being moved must remain stationary on a street for any period of time, permission for such shall be obtained from the Town Chairman.
C. 
Permits to be granted. No permission shall be granted by the Town of Greenville for the moving of buildings over the streets of the Town of Greenville without certain conditions being met.
(1) 
The axle load shall be such so there is no damage to the road surface as determined by the Town Building Inspector and/or Town Superintendent.
(2) 
The building shall be of such length, height and width that it will not interfere with power lines, trees, and other structures along the route to be traveled.
(3) 
Applicant shall be required to show evidence of public liability and property damage insurance with limits of $25,000 for injury to one person and $50,000 for one accident and $25,000 for property damage.
(4) 
Applicant shall deposit with the Town Clerk a bond of $2,000 with acceptable surety running to the Town conditioned that he will save and indemnify the Town against any costs, expenses, or damages which may in any way accrue against the Town by reason of moving and will keep the Town harmless against all liabilities, judgments, costs and expenses as a consequence of the granting of a permit.
D. 
Inspector to be appointed. The mover of any building to whom permission has been granted shall notify the Town Building Inspector of the time when moving is to begin. The Town Building Inspector may appoint an inspector to be present during the moving operations to supervise such moving. The appointment of an inspector in no way relieves the mover from any liability for damage that may be done during the moving operation. The costs of the inspector and tree trimmers shall be billed at actual cost to the mover.
E. 
Buildings moved within the Town.
(1) 
No building shall be moved from one location to another within the Town without the conditions provided hereunder being met.
(2) 
The Building Inspector shall issue a building permit for the relocation of said building in compliance with all building and zoning regulations.
(3) 
A relocation shall not be made if there is a protest of the relocation duly signed and acknowledged by the owners of 20% or more of the land immediately adjacent extending 100 feet therefrom or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land unless so granted by a 2/3 vote of the Town Board.
(4) 
No building shall be moved from one location to another location within the Town if said building has been in existence more than 50% of its estimated life expectancy as set forth in Boeckh's Manual of Appraisals Depreciation Table for Buildings.
(5) 
No building shall be moved from outside the limits of the Town to within limits of the Town unless granted by a 2/3 vote of the Town Board. Newly constructed factory-built homes and parts thereof may be moved from outside the Town to within the Town in compliance with all other provisions of this chapter.
F. 
Whenever permission is issued for the moving of a building and a police escort is required in the opinion of the Town Building Inspector, the mover shall provide same at his expense.

§ 85-10 Repair and razing of unsafe buildings.

A. 
Dangerous and unsafe buildings. If a building is old, dilapidated or out of repair and consequently dangerous, unsafe or otherwise unfit for human habitation and unreasonable to repair, the Building Inspector may order the owner of the building to raze the building or, if the building can be made safe by reasonable repairs, order the owner to either make the building safe and sanitary or to raze the building, at the owner's option.
B. 
Cessation of construction. If there has been a cessation of normal construction of a building for a period of more than two years, the Building Inspector may order the owner of the building to raze the building.
C. 
Notice of unfitness. If a building subject to an order under Subsection A of this section is unsanitary and unfit for human habitation, occupancy or use and is not in danger of structural collapse, the Building Inspector shall post a placard on the premises containing the following notice: "This Building May Not Be Used For Human Habitation, Occupancy or Use." The Building Inspector shall prohibit use of the building for human habitation, occupancy or use until necessary repairs have been made. Any person who rents, leases or occupies a building which has been condemned for human habitation, occupancy or use shall be fined not less than $5 nor more than $50 for each week of the violation, or both.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Reasonableness of repair. If the Building Inspector determines that the cost of repairs of a building would exceed 50% of the assessed value to the building divided by the ratio of the assessed value to the recommended value as last published by the Department of Revenue, the repairs are presumed unreasonable.
E. 
Service of order. An order under Subsection A of this section shall be served on the owner of record of the building that is subject to the order or on the owner's agent if the agent is in charge of the building in the same manner as a summons is served in circuit court. An order under Subsection A shall be served on the holder of an encumbrance of record by first-class mail at the holder's last known address and by publication as a Class 1 notice under Ch. 985. If the owner and the owner's agent cannot be found or if the owner is deceased and an estate has not been opened, the order may be served by posting it on the main entrance of the building and by publishing it as a Class 1 notice under Ch. 985 before the time limited in the order begins to run. The time limited in the order begins to run from the date of service on the owner or owner's agent or, if the owner and agent cannot be found, from the date that the order was posted on the building.
F. 
Effect of recording order. If a raze order issued under Subsection A of this section is recorded with the register of deeds, the order is considered to have been served, as of the date the raze order is recorded, on any person claiming an interest in the building or the real estate as a result of a conveyance from the owner of record unless the conveyance was recorded before the recording of the raze order.
G. 
Failure to comply with order, razing building. An order shall specify the time within which the owner of the building is required to comply with the order and shall specify repairs, if any. If the owner fails or refuses to comply within the time prescribed, the Building Inspector may proceed to raze the building through any available public agency or by contract or arrangement with private persons, or to secure the building and, if necessary, the property on which the building is located if unfit for human habilitation, occupancy or use. The cost of razing or securing the building and, if necessary, the property on which the building is located if unfit for human habitation, occupancy or use. The cost of razing or securing the building may be charged in full or in part against the real estate upon which the building is located, and if that cost is so charged, it is a lien upon the real estate and may be assessed and collected as a special tax. Any portion of the cost charged against the real estate that is not reimbursed under from funds withheld from an insurance settlement may be assessed and collected as a special tax.

§ 85-11 Emergency measures.

A. 
Vacating buildings. When, in the opinion of the Building Inspector, there is actual and immediate danger of failure or collapse of a building or structure or part thereof which would endanger life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the building, the Building Inspector may order and require the occupants to vacate the same forthwith. The Building Inspector shall cause to be posted at each entrance to such buildings a notice reading as follows: "DO NOT OCCUPY." And it shall be unlawful for any person to enter such building or structure except for the purpose of making the required repairs or demolishing the same.
B. 
Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid from the Town Treasury on certificate of the Building Inspector; and the Town Attorney shall institute appropriate action against the owner of the premises where the unsafe building or structure was located for the recovery of such costs.

§ 85-12 Method of enforcement.

A. 
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 of for inspection purposes by the Department in each of the categories specified under § SPS 305.63, Wis. Adm. Code.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Subordinates. The Building Inspector may appoint, as necessary, subordinates as authorized by the Town Board.
C. 
Duties. The Building Inspector shall administer and enforce all provisions of this chapter and the Uniform Dwelling Code.
D. 
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 performance of his duties.
E. 
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 purpose and shall regularly number each permit in the order of its issue.

§ 85-13 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.

§ 85-14 Penalties; enforcement.

A. 
Penalties.
(1) 
Scope of penalty provision. Any building or structure hereafter erected, enlarged, altered or repaired or any use hereafter established in violation of the provisions of this chapter (the Town Building Code, Town Electrical Code, Plumbing Code and Heating, Ventilation and Air Conditioning Code, all included within the definition of "this chapter" for purposes of this section), shall be deemed an unlawful building, structure or use.
(2) 
Penalties. The Building Inspector shall promptly report all such violations to the Town Board and Town 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 buildings, structure or use to be removed and such violation may also be subject to a penalty as provided in general penalty provisions of this section. Any person who fails to obtain a building permit before starting construction shall be charged double the regular rate for this late filing violation. 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 Town 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. I).
B. 
Enforcement.
(1) 
Notice to correct. If an inspection reveals a noncompliance with this chapter of the Uniform Dwelling Code, the Building Inspector shall notify the applicant or the owner of the violation to be corrected and prior to continuation of any other work.
(2) 
Stop-work order. If after notification, the violation is not corrected, 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) 
Separate violations; other remedies. Each day each violation continues after the written notice shall constitute a separate offense. Nothing in this chapter shall preclude the Town from maintaining any appropriate action to prevent or remove a violation of any maintaining of this chapter or the Uniform Dwelling Code.
(4) 
Double fees. If any construction of 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. 
Appeals. Any person feeling aggrieved by an order or a determination of the Building Inspector may appeal from such order or determination to the Board of Appeals. Those procedures customarily used to effectuate an appeal to the Board of Appeals shall apply.

§ 85-15 Disclaimer on inspections.

A. 
The purpose of the inspections under this chapter is to improve the quality of housing in the Town. 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 inspection reports: "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 expresses or implied."
B. 
Relief from personal responsibility. The Building Inspector, officer or employee charged with the enforcement of the Wisconsin Uniform Dwelling Code, while acting for the Town shall not thereby render himself liable personally, and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his official duties. Any suit instituted against any officer or employee because of an act performed by him in the lawful discharge of his duties under the provisions of the Wisconsin Uniform Dwelling Code shall be defended by the Town Attorney until the final termination of the proceedings. In no case shall the Building Inspector or any of his subordinates be liable for cost in any action, suit or proceeding that may be instituted in pursuance of the provisions of the Wisconsin Uniform Dwelling Code and any officer of the Department of Building Inspection, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions of by reason of any act or omission in the performance of his official duties in connection therewith.

§ 85-16 Violations and penalties. [1]

Any person who shall violate any provision of this chapter shall be subject to a penalty. A stop-work notice will be posted. Failure to comply after notice will result in court action. The forfeiture amount for any violation shall be set from time to time by ordinance in the Town of Greenville.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).