Village of Fox Point, WI
Milwaukee County
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Table of Contents
Table of Contents
The Building Code shall not be construed to require a permit for any repairs or minor alterations which do not affect the use, area, structural strength, fire protection, exits, light, sanitation, ventilation or aesthetics of the building.
Construction of any structure or building on over the lake bluff or the slope of the bank of a ravine must meet the requirements of Article I of Chapter 285, Fox Point Village Code, before a building permit is issued for such construction.
It shall be the duty of all Fox Point Police Department officers to report at once to the Building Inspector any buildings within their respective districts at which building operations are being carried on without a building permit as required by the Building Code. It shall be the duty of other Village enforcement officers to cooperate with the Building Inspector in the enforcement of the Building Code.
[Amended 2-12-2010 by Ord. No. 2010-03; 5-14-2013 by Ord. No. 2013-03; 11-11-2014 by Ord. No. 2014-09; 11-11-2015 by Ord. No. 2015-04; 4-12-2016 by Ord. No. 2016-04]
A. 
Need.
(1) 
Prevent deterioration. In order to prevent the development of hazardous conditions presenting a threat to the health and safety of occupants of buildings and to other persons, and to prevent the deterioration of buildings resulting in substantial depreciation in the property values of the neighborhood, it is necessary that buildings be kept in a reasonable state of repair.
(2) 
Eliminate nuisance. The sanitary sewers in the Village were not designed to and do not have the capacity to carry off all clear water entering said sewers in periods of heavy surface water runoff. Many buildings in the Village have the drain tile around the footings of such building connected to the sanitary sewer; some buildings also have other sources of entrance of clear water to the sanitary sewer. In times of heavy rains or melting snow, the sanitary sewers are surcharged and through sewer overflows discharge into ravines or ditches and then into Lake Michigan or the Milwaukee River. The Department of Natural Resources has ordered the Village to eliminate such sewer overflows and to eliminate the entry of clear water into the sanitary sewers. The elimination of the sewer overflows without the elimination of the entry of clear water into the sanitary sewers will result in the backup of the sanitary sewers into the basements of houses. The backing up of sanitary sewage into the basements of houses causes a pollution problem, a menace to health and safety, and constitutes a public nuisance.
(3) 
Multifamily residential rental units. Section 66.0104(2)(e), Wis. Stats., allows municipalities to inspect rental property or rental units as part of a program of regularly scheduled inspections conducted in compliance with § 66.0119, Wis. Stats., as applicable, and the Village hereby intends to exercise this authority. The Village finds that multifamily residential buildings with rental units have unique health, safety and welfare concerns due to the frequency of the turnover in occupancies, the commercial nature of the ownership interests, and the lack of owner occupancies, which warrant this exercise of statutory authority with regard to rental units in multifamily buildings while not imposing comparable routine inspection of single-family residential buildings within the Village.
B. 
Special inspection warrant. In the event an inspection of any building is to be made pursuant to the provisions of this section, and permission is not voluntarily given to the Building Inspector to make such inspection, he may apply for and obtain a special inspection warrant to make such inspection, as provided by § 66.0119, Wis. Stats.
C. 
Annual Inspections of multifamily residential buildings.
(1) 
The provisions of this subsection shall apply to all residential buildings that contain more than one separate rental unit, including, but not limited to, duplexes, apartments, townhouses, and condominiums. When more than one such residential building is owned by all the same owners, said multiple residential buildings shall be treated by the Village as one entire residential building with respect to the application of the provisions of this Subsection C.
(2) 
An owner's residential building may be inspected by the Village once during each calendar year and said inspections shall be accomplished on a sampling basis of the separate units.
(a) 
For a residential building containing a total of at least two separate rental units, but not more than 20 separate rental units, one unit may be annually inspected, as selected by the Village.
(b) 
For a residential building containing a total of more than 20 separate rental units, 5% of the separate rental units, may be annually inspected, as selected by the Village.
(c) 
To the extent possible, the separate rental units selected for inspection shall be vacant units. Subject to Subsection C(1)(d) below, any separate rental unit inspected in a previous annual inspection shall not be subject to annual inspection again until all of the separate rental units in the entire residential building have been inspected.
(d) 
If the Village determines upon inspection of the separate rental units that there are code violations that affect the safe, decent and sanitary living conditions for the occupants in the residential building, then the Village may inspect as many rental units within the residential building as it deems reasonably necessary to enforce its ordinances.
(3) 
The Building Inspector shall seek consent for entry to the scheduled unit(s), and upon refusal shall seek a special inspection warrant in compliance with § 66.0119, Wis. Stats., as applicable, prior to conducting the inspection.
(4) 
The provisions of this Subsection C shall not alter the Village's authority to inspect all common areas within a residential building during normal business hours upon at least 24 hours' prior written notice addressed to the owner of a residential building as it appears on the real estate tax records maintained by the Village.
(5) 
The provisions of this Subsection C shall not alter, limit or otherwise effect the Village's ability to utilize special inspection warrants as provided under § 66.0119, Wis. Stats.
D. 
Penalty. Any person who violates this chapter, including this section, shall be subject to the penalties and remedies described in § 1-4 of this Code.
A. 
Water from the roof of every building in the Village shall be conveyed from the roof to a point not less than three feet from the foundation wall of said building and also at least three feet from the lot line and shall be discharged in such a manner so as to not directly or indirectly enter the sanitary sewer system of the Village.
B. 
The ground around every building in the Village shall be pitched away from the foundation wall so that water flows away from the wall to help prevent surface water from seeping down along the foundation walls into the drain tile.
C. 
No surface water drain connected directly or indirectly to the sanitary sewer is permitted.
D. 
Any person violating any provision of this section shall upon conviction be subject to such penalties as provided in § 1-4 of the Village Code. Each act of violation and every day upon which violation occurs or exists constitutes a separate offense.
[Amended 11-11-2014 by Ord. No. 2014-08]
When applicable to the lands involved, the provisions of Chapter 724 of this Code (Floodplain Zoning) shall also be complied with on the application and granting of a building permit.
A. 
Every single-family residence shall be equipped with a garbage grinder or an incinerator.
B. 
Every two-family residence shall be equipped with either a garbage grinder in each residential unit, an incinerator for each unit, or one incinerator servicing both units.
C. 
Every multiple-family residential building shall be equipped with either a garbage grinder in each residential unit or an incinerator servicing one or more units providing all units are serviced by an incinerator.
D. 
The installation of smoke detectors approved by Underwriters Laboratory, Inc. is hereby required for all new and existing single- and two-family residential units. There shall be a minimum of one smoke detector on each floor of each home which includes the basement. All existing residential homes shall comply within one year of the effective date of this section or at the time a certificate of compliance is required, whichever occurs first, and failing to so comply, the resident, or if no resident, the owner, shall be fined pursuant to § 1-4 of the Fox Point Village Code and a certificate of compliance shall be denied.
[Added 2-9-1988 by Ord. No. 88-546]