[HISTORY: Adopted by the Common Council of the City of Manawa 10-18-1993 as Title 15, Ch. 1 of the 1989 Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Erosion control — See Ch. 136.
Fair housing — See Ch. 142.
Fire prevention — See Ch. 152.
Health and sanitation — See Ch. 169.
Mobile homes — See Ch. 206.
Access to public buildings — See Ch. 245.
Floodplain zoning — See Ch. 300.
Shoreland-wetland zoning — See Ch. 301.
Subdivision of land — See Ch. 302.
Zoning — See Ch. 303.
A. 
Title. This chapter shall be known as the "Building Code of the City of Manawa" and will be referred to in this chapter as "this code" or "this chapter."
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.
A. 
New buildings hereafter erected in, or any building hereafter moved within or into, the city shall conform to all the requirements of this chapter except as they are herein specifically exempted from part or all of its provisions.
(1) 
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.
(2) 
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.
B. 
The provisions of this chapter supplement the laws of the State of Wisconsin pertaining to construction and use and Chapter 303, Zoning, of this Code and amendments thereto to the date this chapter was adopted and in no way supersede or nullify such laws and said Chapter 303, Zoning.
A. 
General permit requirement. No building of any kind shall be moved within or into the city and no new building or structure, or any part thereof, shall hereafter be erected or have ground broken for the same or be enlarged, altered, moved, demolished, razed or used within the city, except as herein provided, until a permit therefor shall first have been obtained by the owner or the owner's authorized agent from the City Building Inspector.[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) 
Alterations. When not in conflict with any regulations, if alterations to any existing building or structure accommodating a legal occupancy and use but of substandard type of construction involve either beams, girders, columns, bearing or other walls, room arrangement, heating and air-conditioning systems, light and ventilation, changes in location of exit stairways or exits or any or all of the above, then such existing construction shall be made to conform to the minimum requirements of this chapter applicable to such occupancy and use and given type of construction.
(2) 
Repairs. Repairs for purposes of maintenance or replacement 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 or use shall be deemed minor repairs.
(3) 
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.
(4) 
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 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.
(5) 
Extent of deterioration. The amount and extent of deterioration of any existing building or structure shall be determined by the City Building Inspector.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Application. Application for a building permit shall be made in writing upon a form furnished by the City Building Inspector 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 City Building Inspector may require.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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 permit shall be issued until the subdivision and required improvements are accepted by the Common Council, upon the recommendation of the Plan Commission.
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.
(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 a certificate of occupancy shall not be issued until such utilities are available to service the property.
F. 
Plans. With such application, there shall be submitted a complete set of plans and specifications, including a plot plan showing the location of the proposed building with respect to adjoining roads, highways, streets, alleys, lot lines and buildings. Plans for buildings involving the State Building Code shall bear the stamp of approval of the State Department of Commerce. One plan shall be submitted which shall remain on file in the office of the City Building Inspector. All plans and specifications shall be signed by the designer.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G. 
Waiver of plans; minor repairs.[5]
(1) 
Waiver of plans. If the City Building Inspector finds that the character of the work is sufficiently described in the application, the City Building Inspector may waive the filing of plans for alterations, repairs or moving.
(2) 
Minor repairs. The City 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 $500 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.
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
H. 
Approval of plans.
(1) 
If the City Building Inspector determines that the building will comply in every respect with all ordinances and orders of the city and an applicable laws and orders of the State of Wisconsin, the City Building Inspector 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. 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 City Building Inspector.[6]
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
In case adequate plans are presented for part of the building only, the City Building Inspector, at his or her discretion, may issue a permit for that part of the building before receiving the plans and specifications for the entire building.[7]
[7]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
No building permit for any single-family residence structure shall be issued if the exterior architectural appeal and functional plan of the proposed structure will, when erected, be so at variance with or so similar to either the exterior architectural appeal or functional plan of the structures already constructed, in the course of construction in the neighborhood, or the character of the applicable district established by Chapter 303, Zoning, as to cause a substantial depreciation in the property values of said neighborhood.
I. 
Permit lapse. A building permit shall lapse and be void unless building operations are commenced within six months or if construction has not been completed within one year from the date of issuance thereof.
J. 
Revocation of permit.
(1) 
The Common Council, or its designee, may revoke any building, plumbing 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:
(a) 
Whenever the Common Council or its designee 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 or instructions had been issued to him or her.[8]
[8]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(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 Common Council or its designee, 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 given by the Common Council or its designee for the use of all new materials, equipment, methods or construction devices or appliances.
(2) 
The notice revoking a building, plumbing or electrical permit, certificate of occupancy or approval shall be in writing and may be served upon the applicant for the permit, owner of the premises and his or her agent, if any, and on the person having charge of construction.
(3) 
A revocation placard shall also be posted upon the building, structure, equipment or premises in question by the Common Council or its designee.
(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 regulation of this chapter. However, such work as the Common Council may order as a condition precedent to the reissuance of the building permit may be performed, or such work as it may require for the preservation of life and safety.
K. 
Report of violations. The police or other city officers shall report at once to the Common Council any building which is being carried on without a permit as required by this chapter.
L. 
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 times during construction or work thereon.
A. 
State code adopted. The Administrative Code provisions describing and defining regulations with respect to one- and two-family dwellings in Chapters ILHR 20 through 25 of the Wisconsin Administrative Code are hereby adopted and by reference made a part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by an Administrative Code provision incorporated herein by reference is required or prohibited by this chapter. Any future amendments, revisions or modifications of the Administrative Code provisions incorporated herein are intended to be made part of this chapter to secure uniform statewide regulation of one- and two-family dwellings in the City of Manawa. A copy of these Administrative Code provisions and any future amendments shall be kept on file in the City Building Inspector's office.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Existing buildings.
(1) 
The Wisconsin Uniform Dwelling Code shall also apply to buildings and conditions where:
(a) 
An existing building is to be occupied as a one- or two-family dwelling, which building was not previously so occupied.
(b) 
An existing structure is altered or repaired, when the cost of such alteration or repair during the life of the structure exceeds 50% of the equalized value of the structure, said value to be determined by the City Assessor.
(2) 
Additions and alterations, regardless of cost, made to an existing building when deemed necessary, in the opinion of the City Building Inspector, shall comply with the requirements of this chapter for new buildings. The provisions of § 106-3 shall also apply.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
Roof coverings. Whenever more than 25% of the roof covering of a building is replaced in any twelve-month period, all roof covering shall be in conformity with applicable sections of this chapter.
(4) 
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.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADDITION
New construction performed on a dwelling which increases the outside dimensions of the dwelling.
ALTERATION
A substantial change or modification other than an addition or minor repair to a dwelling or to systems involved within a dwelling.
DEPARTMENT
The Department of Commerce.[3]
DWELLING
(1) 
Any building, the initial construction of which is commenced on or after the effective date of this chapter which contains one or two dwelling units; or
(2) 
An existing structure or that part of an existing structure which is used or intended to be used as a one- or two-family dwelling.
MINOR REPAIR
Repair performed for maintenance or replacement purposes on any existing one- or two-family dwelling which does 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 does not increase a given occupancy and use. No building permit is required for work to be performed which is deemed minor repair.
ONE- OR TWO-FAMILY DWELLING
A building structure which contains one or separate households intended to be used as a home, residence or sleeping place by an individual or by two or more individuals maintaining a common household to the exclusion of all others.
PERSON
An individual, partnership, firm or corporation.
UNIFORM DWELLING CODE
Those Administrative Code provisions and any future amendments, revisions or modifications thereto contained in the following chapters of the Wisconsin Administrative Code:
(1) 
Chapter ILHR 20, Administrative and Enforcement.
(2) 
Chapter ILHR 21, Construction Standards.
(3) 
Chapter ILHR 22, Energy Conservation Standards.
(4) 
Chapter ILHR 23, Heating, Ventilating and Air Conditioning.
(5) 
Chapter ILHR 24, Electrical Standards.
(6) 
Chapter ILHR 25, Plumbing and Potable Water Standards.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Method of enforcement.[4]
(1) 
Certified inspector provided. The City of Manawa, as a municipality under 2,500 in population, shall contract with or provide a building inspector certified by the Department of Commerce in each category specified under Section 26.06 of the Wisconsin Administrative Code and by the Department of Health and Social Services in the category of plumbing for the purpose of enforcing the provisions of the One- and Two-Family Uniform Dwelling Code adopted in this chapter.
(2) 
(Reserved)
(3) 
Inspection powers. The Common Council or an authorized 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 City Building Inspector or his or her agent while in performance of his or her duties.
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Portions of State Building Code adopted. Chapters ILHR 50 through 64 of the Wisconsin Administrative Code (Wisconsin State 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 Chapters 50 to 64 incorporated herein are intended to be made a part of this code. A copy of said Chapters 50 to 64 and amendments thereto shall be kept on file in the office of the City Building Inspector.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
State Plumbing Code adopted. The provisions and regulations of W.S.A. Ch. 145 and Wisconsin Administrative Code Chapters H 81, H 82, H 83 and ILHR 25 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 city. Any further amendments, revisions and modifications of said Wisconsin statutes and Administrative Code incorporated herein are intended to be made part of this chapter.
C. 
State Electrical Code adopted.
(1) 
Wisconsin Administrative Code Chapter ILHR 24 is hereby adopted by reference and made a part of this chapter and shall apply to the construction and inspection of new one- and two-family additions or modifications to existing one- and two-family dwellings.
(2) 
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, except those covered in Subsection C(1) above.
D. 
Conflicts. If, in the opinion of the City Building Inspector and/or the Common Council, 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 city shall apply the most stringent provisions in determining whether or not the proposed building meets the requirements of this section.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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 Commerce 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 Commerce. The data, tests and other evidence necessary to prove the merits of such material, method of construction or device shall be determined by the State Department of Commerce.
Whenever the Common Council finds any building or part thereof within the city to be, in 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, it shall order the owner to raze and remove such building or part thereof or, if it can be made safe by repairs, to repair it and make it safe and sanitary or to raze and remove it, at the owner's option. Such order and proceedings shall be as provided in W.S.A. s. 66.05.
The purpose of the inspections under this chapter is to improve the quality of housing in the city. The inspections and the reports and findings issued after the inspections are not intended as, nor are they to be construed as, a guaranty. In order to so advise owners and other interested persons, the following disclaimer shall be applicable to all inspections:
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.
Private garages shall be built in accordance with the general construction standards established in the Wisconsin Uniform Dwelling Code.
A. 
No building within the City of Manawa shall be razed without a permit from the City Building Inspector. A snow fence or other approved barricade shall be provided as soon as any portion of the building is removed and shall remain during razing operations. After all razing operations have been completed, the foundation shall be filled at least one foot above the adjacent grade, the property raked clean and all debris hauled away. Razing permits shall lapse and be void unless the work authorized thereby is commenced within six months from the date thereof or completed within 30 days from the date of commencement of said work. Any unfinished portion of work remaining beyond the required 30 days must have special approval from the Common Council[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
All debris must be hauled away at the end of each day for the work that was done on that day. Combustible material shall not be used for backfill but shall be hauled away. There shall not be any burning of materials on the site of the razed building. If any razing or removal operation under this section results in, or would likely result in, an excessive amount of dust particles in the air creating a nuisance in the vicinity thereof, the permittee shall take all necessary steps, by use of water spraying or other appropriate means, to eliminate such nuisance. The permittee shall take all necessary steps prior to the razing of a building, through the employment of a qualified person in the field of pest control or by other appropriate means, to treat the building so as to prevent the spread and migration of rodents and insects therefrom during and after the razing operations.
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 Common Council 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 shall 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.
(1) 
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 by publication in the official newspaper for two consecutive publications 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.
(2) 
If the owner of the land fails to comply with the order within the time required, the Common Council 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 Common Council from the date of the report on the cost thereof, pursuant to the provisions of W.S.A. s. 66.60.
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 city and to the protection of the property.
C. 
Groundwater. Where deemed necessary by the Common Council, every house shall have a sump pump installed for the purpose of discharging clear water 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 stormwater 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 city 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 Common Council or its 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, the Common Council or its designated agent 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.
Each unit of a duplex shall have a separate water and sewer services.
A. 
General requirements.
(1) 
No person shall move any building or structure upon any of the public ways of the city without first obtaining a permit therefor from the City Building Inspector and upon payment of the required fee. Every such permit issued by the City 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]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
A report shall be made by the Director of Public Works with regard to possible damage to trees. The estimated cost of trimming, removal and replacement of public trees, as determined by the Director of Public Works, shall be paid to the City Building Inspector prior to issuance of the moving permit.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
Issuance of the moving permit shall further be conditioned on approval of the moving route by the Director of Public Works and Chief of Police.
B. 
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.
C. 
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 Director of Public Works, who shall thereupon in the company of the Chief of Police 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 Common Council, the city shall repair the damage done to such streets and hold the person obtaining such permit and the sureties on his or her bond responsible for the payment of the same.
D. 
Bond.
(1) 
Before a permit is issued to move any building over any public way in the city, the party applying therefor shall give a bond to the City of Manawa in a sum to be fixed by the City 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 Mayor or designated agent, conditioned upon, among other things, the indemnification of the city 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 city in connection therewith arising out of the removal of the building for which the permit is issued.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Unless the Common Council or its agent 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 E(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 Common Council and reasonably adopted or calculated to prevent the occurrences set forth herein.
E. 
Insurance. The city shall require, in addition to said bond above indicated, public liability insurance covering injury to one person in the sum of not less than $100,000 and for one accident in a sum of not less than $200,000, together with property damage insurance in a sum not less than $50,000, or such other coverage as deemed necessary.
F. 
Plan Commission review.
(1) 
No such permit shall be issued unless it has been found as a fact by the Plan Commission of the city, 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 said 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 plan 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 the character of the applicable district established by Chapter 303, Zoning, of this Code or any ordinance amendatory thereof or supplementary thereto as to cause a substantial depreciation in the property values of said neighborhood with said applicable district.
(a) 
In case the applicant proposes to alter the exterior of said building after moving the same, the applicant shall submit with his or her application papers complete plans and specifications for the proposed alterations.
(b) 
Before a permit shall be issued for a building to be moved and altered, the applicant shall give a bond to the city, which shall not be less than $5,000, to be executed in the manner provided in Subsection D hereof, to the effect that he or she will, within a time to be set by the Plan Commission, complete the proposed exterior alterations to said building in the manner set forth in his or her 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 city.
(c) 
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 City Building Inspector, the City Building Inspector shall request a meeting of the Plan Commission to consider applications for moving permits which the City Building Inspector has found comply in all respects with all other ordinances of the city. The Plan Commission 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 Plan Commission shall, in writing, make or refuse to make the finding required by this subsection and file it in the office of the City Building Inspector.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[1]
Editor's Note: See also Ch. 273, Streets and Sidewalks, § 273-6.
The fees for building permits under this chapter shall be as established by resolution of the Common Council.
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.
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 city officials shall promptly report all such violations to the Common Council and City 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 may also subject the violator to a penalty as provided in Chapter 1, § 1-21, General penalty, 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 city 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.
B. 
If an inspection reveals a noncompliance with this chapter or the Uniform Dwelling Code, the 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 Section ILHR 20.10(1)(c) of the Wisconsin Administrative Code.
C. 
If, after written notification, the violation is not corrected within 30 days, a stop-work order may be served on the owner or the owner's 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 Common Council after satisfactory evidence has been supplied that the cited violation has been corrected.
D. 
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 city from maintaining any appropriate action to prevent or remove a violation of any provision this chapter or the Uniform Dwelling Code.
E. 
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.
Any person feeling aggrieved by an order or a determination of the City Building Inspector in administering this chapter 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.
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Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Except as may otherwise be provided by statute or ordinance, no officer, agent or employee of the City of Manawa charged with the enforcement of this chapter shall render himself or herself 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 or her duties under this chapter. Any suit brought against any officer, agent or employee of the city as a result of any act required or permitted in the discharge of his or her duties under this chapter shall be defended by the legal representative of the city until the final determination of the proceedings therein.