[HISTORY: Adopted by the Village Board of the Village of
Luck 1-6-1988 as Title 10, Ch. 4, of the 1988 Code. Amendments noted where applicable.]
A.
Title. This chapter shall be known as the "Building Code of the Village
of Luck" and will be referred to in this chapter as "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.
C.
Scope. New buildings hereafter erected in or any building hereafter moved within or into the Village 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 laws of the State of Wisconsin pertaining to construction and use and Chapter 620, 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 620, Zoning.
A.
Permit required.
(1)
General permit requirement. No building of any kind shall be moved
within or into the Village 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 Village, except as herein provided, until a permit therefor shall
first have been obtained by the owner, or his authorized agent, from
the Building Inspector.
(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, 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.[1]
(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)
When alterations are 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 Village Clerk-Treasurer 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 Village Clerk-Treasurer or Building Inspector may require.
C.
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 Village Board, upon the recommendation
of the Plan Commission.
D.
Utilities required.
(1)
Residential building. 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 a certificate of occupancy shall not be issued until
such utilities are available to service the property.
E.
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 Safety and Professional Services. One plan
shall be submitted which shall remain on file in the office of the
Building Inspector. All plans and specifications shall be signed by
the designer. Plans for all new one- and two-family dwellings shall
comply with the provisions of § SPS 320.09(4), Wis. Adm.
Code.
F.
Waiver of plans. 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.
G.
Approval of plans.
(1)
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. 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)
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.
H.
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 one year from the date of issuance thereof.
I.
Revocation of permits.
(1)
The Building Inspector 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 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.[2]
(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.
(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 agent,
if any, and on the person having charge of construction.[4]
(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.
J.
Report of violations. The police or other 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.
A.
Adoption of State Uniform Dwelling Code. The Administrative Code
provisions describing and defining regulations with respect to one-
and two-family dwellings in Chs. SPS 320 through 325, Wis. Adm. 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 this Village.
A copy of these Administrative Code provisions and any future amendments
shall be kept on file in the Village Clerk-Treasurer's office.
B.
Existing buildings.
(1)
The Wisconsin Uniform Dwelling Code shall also apply to the following
buildings and conditions:
(a)
An existing building to be occupied as a one- or two-family dwelling,
which building was not previously so occupied.
(b)
An existing structure that 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 Village Assessor.
(2)
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 § 238-2 shall also apply.
(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.
ADDITION
ALTERATION
DEPARTMENT
DWELLING
MINOR REPAIR
ONE- OR TWO-FAMILY DWELLING
PERSON
UNIFORM DWELLING CODE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
New construction performed on a dwelling which increases
the outside dimensions of the dwelling.
A substantial change or modification other than an addition
or minor repair to a dwelling or to systems involved within a dwelling.
The Department of Safety and Professional Services.
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.
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.
An individual, partnership, firm or corporation.
Those Administrative Code provisions and any future amendments,
revisions or modifications thereto contained in the following chapters
of the Wisconsin Administrative Code:
|
Chapter SPS 320, Administration and Enforcement
| |
|
Chapter SPS 321, Construction Standards
| |
|
Chapter SPS 322, Energy Conservation
| |
|
Chapter SPS 323, Heating, Ventilating and Air Conditioning
| |
|
Chapter SPS 324, Electrical Standards
| |
|
Chapter SPS 325, Plumbing
|
D.
Method of enforcement.
(1)
Certified inspector not provided. The Village of Luck, as a municipality
under 2,500 in population, shall not contract with or provide a building
inspector certified by the Department of Safety and Professional Services
in each category specified under Ch. SPS 305, Wis. Adm. Code, for
the purpose of enforcing the provisions of the Uniform Dwelling Code
adopted in this chapter. However, private individuals may, at their
own expense, contract with a certified building inspector through
the Department of Safety and Professional Services for inspection
services.[1]
(2)
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.
A.
Portions of State Building Code adopted. Chapters SPS 361 through
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 Chapters SPS
361 through 366 incorporated herein are intended to be made a part
of this chapter. A copy of said Chapters SPS 361 to 366 and amendments
thereto shall be kept on file in the office of the Building Inspector.
B.
State Plumbing Code adopted. The provisions and regulations of Ch. 145, Wis. Stats., and Chs. SPS 381 to 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 incorporated 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, except those covered in § 238-3 above.[1]
D.
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.
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, 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 Safety and Professional Services.
Whenever the Building Inspector and Village Board find any building
or part thereof within the Village to be, in their 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, they 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.
The purpose of the inspections under this chapter is to improve
the quality of housing in the Village. 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, a disclaimer shall be included in each
inspection report as follows: "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 Village of Luck shall be razed without a permit
from the 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 Building Inspector.
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 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 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. 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.
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.
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 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 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 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 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 Building Inspector, who shall thereupon, in
the company of the Director of Public Works, 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 it in as good repair as it
was 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.
D.
Inspection of building. 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.
E.
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 Luck in a sum to be fixed by the Building Inspector and
which shall not be less than $1,000, 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 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 Building Inspector and reasonably adopted or calculated to prevent the occurrences set forth herein.
F.
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 $100,000 and for one accident
in a sum 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.
G.
Plan Commission review.
(1)
No such permit shall be issued unless it has been found as a fact by the Plan Commission of the Village 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 620, 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 within said applicable district. In case the applicant proposes 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 bond to the Plan Commission which shall not be less than $1,000, to be executed in the manner provided in Subsection E hereof, to the effect that he 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 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 Plan Commission to consider applications for moving permits which he has found comply in all respects with all other ordinances of the Village. 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 Subsection G(1) and file it in the office of the Clerk-Treasurer, who shall send a copy of it to the Building Inspector.
The fees for building permits shall be as determined by resolution
of the Village Board.
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 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]
B.
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(3), Wis. Adm. Code.
(1)
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.
(2)
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.
(3)
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 Luck 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.
