[HISTORY: Adopted by the Village Board of the Village of
Dane 4-1-1996 as Title 15, Ch. 1, of the 1996 Code. Amendments noted where applicable.]
B.
Purpose. This chapter provides certain minimum standards, provisions
and requirements for safe and stable design, methods of construction
and uses of materials in buildings and/or structures hereafter erected,
constructed, enlarged, altered, repaired, moved, converted to other
uses or demolished and regulates the equipment, maintenance, use and
occupancy of all such buildings and/or structures. Its purpose is
to protect and foster the health, safety and well-being of persons
occupying or using such buildings and the general public.
C.
Authority. These regulations are adopted under the authority granted
by § 101.65, Wis. Stats.
D.
Scope. This code applies to all dwellings, commercial buildings/structures,
swimming pools, garages, structures, buildings, and residential accessory
buildings. Not included are children's play structures and agricultural
buildings.
A.
Permit required.
(1)
General permit requirements.
(a)
Prior to commencing any of the following work, the owner or
his agent shall obtain a valid permit from the Municipal Building
Inspector:
[1]
New buildings.
[2]
Additions that increase the physical dimensions of a building, including
decks.
[3]
Alterations to the building structure (cost shall include market
labor value) or alterations to the building's heating, electrical
or plumbing systems. Permits are required for re-siding.
[4]
All electrical wiring for new construction or remodeling, excluding
new wiring for existing industrial and manufacturing facilities that
do not require state-mandated plan review.
[Amended 7-10-2023 by Ord. No. 2023-02]
[5]
Any HVAC for new construction or remodeling.
[6]
Any plumbing for new construction or remodeling.
(b)
Exemptions.
[1]
Exempted are reroofing and finishing of interior surfaces, installation
of cabinetry, and minor repair as deemed by the Building Inspector.
However, unless structural calculations are provided, no more than
two layers of roofing shall be installed on a roof.
[2]
Exempt are normal repairs performed in Subsection A(1)(a)[4] to [6].
(2)
Alterations and repairs. The following provisions shall apply to
buildings altered or repaired:
(a)
Alterations. When any existing building or structure accommodates
a legal occupancy and use but is of a substandard type of construction,
then alterations which involve beams, girders, columns, bearings or
other walls, room arrangement, heating and air-conditioning systems,
light and ventilation or changes in location of exit stairways or
exits, or any or all of the above, may be made in order to bring such
existing construction into conformity with the minimum requirements
of this chapter applicable to such occupancy and use and given type
of construction, when not in conflict with any other regulations.[3]
(b)
Repairs. Repairs for purposes of maintenance or replacements
in any existing building or structure which do not involve the structural
portions of the building or structure or which do not affect room
arrangement, light and ventilation, access to or efficiency of any
exit stairways or exits, fire protection, or exterior aesthetic appearance
and which do not increase a given occupancy or use shall be deemed
minor repairs.
(c)
Alterations when not permitted. When any existing building or
structure which, for any reason whatsoever, does not conform to the
regulations of this chapter has deteriorated from any cause whatsoever
to an extent greater than 50% of the equalized value of the building
or structure, no alterations or moving of such building or structure
shall be permitted. Any such building or structure shall be considered
a menace to public safety and welfare and shall be ordered vacated
and thereafter demolished and debris removed from the premises.
(d)
Alterations and repairs required. When any of the structural
members of any building or structure have deteriorated from any cause
whatsoever to less than their required strength, the owner of such
a building or structure shall cause such structural members to be
restored to their required strength, failing in which the building
or structure shall be considered a menace to public safety and shall
be vacated, and thereafter no further occupancy or use of the same
shall be permitted until the regulations of this chapter are complied
with.
(e)
Extent of deterioration. The amount and extent of deterioration
of any existing building or structure shall be determined by the Building
Inspector.
B.
Application. Application for a building permit shall be made in writing
upon a form furnished by the Building Inspector or his designee and
shall state the name and address of the owner of the land and also
the owner of the building if different, the legal description of the
land upon which the building is to be located, the name and address
of the designer, the use to which said building is to be put and such
other information as the Building Inspector may require.
C.
Site plan.
(1)
Site plan approval. All applications for building permits for any
construction, reconstruction, expansion or conversion, except for
one- and two-family residences in residentially zoned districts, shall
require site plan approval by the Village Board in accordance with
the requirements of this section. The applicant shall submit a site
plan and sufficient plans and specifications of proposed buildings,
machinery and operations to enable the Village Board or its expert
consultants to determine whether the proposed application meets all
the requirements applicable thereto in this chapter.
(2)
Administration. The Building Inspector shall make a preliminary review
of the application and plans and refer them along with a report of
his findings to the Village Board. The Village Board shall review
the application and may refer the application and plans to one or
more expert consultants selected by the Village Board to advise whether
the application and plans meet all the requirements applicable thereto
in this chapter. Within 30 days of its receipt of the application,
the Village Board shall authorize the Building Inspector to issue
or refuse a building permit.
(3)
Requirements. In acting on any site plan, the Village Board shall
consider the following:
(a)
The appropriateness of the site plan and buildings in relation
to the physical character of the site and the usage of adjoining land
areas.
(b)
The layout of the site with regard to entrances and exits to
public streets; the arrangement and improvement of interior roadways;
the location, adequacy and improvement of areas for parking and for
loading and unloading; and shall, in this connection, satisfy itself
that the traffic pattern generated by the proposed construction or
use shall be developed in a manner consistent with the safety of residents
and the community, and the applicant shall so design the construction
or use as to minimize any traffic hazard created thereby.
(c)
The adequacy of the proposed water supply, drainage facilities
and sanitary and waste disposal.
(d)
The landscaping and appearance of the completed site. The Village
Board may require that those portions of all front, rear and side
yards not used for off-street parking shall be attractively planted
with trees, shrubs, plants or grass lawns, and that the site be effectively
screened so as not to impair the value of adjacent properties nor
impair the intent or purposes of this section.
(4)
Effect on municipal services. Before granting any site approval,
the Village Board may, besides obtaining advice from consultants,
secure such advice as may be deemed necessary from the Building Inspector
or other municipal officials, with special attention to the effect
of such approval upon existing municipal services and utilities. Should
additional facilities be needed, the Village Board shall not issue
the final approval until the Village has entered into an agreement
with the applicant regarding the development of such facilities.
(5)
Appeals. Denials of building permits contingent upon site plan approval
may be appealed to the Zoning Board of Appeals by filing a notice
of appeal with the Village Clerk-Treasurer within 10 days of the denial.
D.
Dedicated street and approved subdivision required. No building permit
shall be issued unless the property on which the building is proposed
to be built abuts a street that has been dedicated for street purposes.
No building permits shall be issued until the subdivision and required
improvements are accepted by the Village Board.
E.
Utilities required.
(1)
Residential buildings. No building permit shall be issued for the
construction of any residential building until sewer, water, grading
and graveling are installed in the streets necessary to service the
property for which the permit is required and a receipt for payment
of electrical hookup is presented to the Building Inspector.
(2)
Nonresidential building. No building permit shall be issued for the
construction of any building other than residential until contracts
have been let for the installation of sewer, water, grading and graveling
in the streets necessary to service the property for which the permit
is requested.
F.
Submission of plans. Two sets of building plans shall be submitted
to the Inspector for any work which expands the size of a building,
any new building or as required by the Inspector. If a new building
or building addition is proposed, then a plot plan showing such proposed
work and existing buildings and property lines shall be submitted.
A third set of plans may be requested at the discretion of the Building
Inspector for the Assessor.
G.
Waiver of plans; minor repairs.
(1)
Waiver. If the Building Inspector finds that the character of the
work is sufficiently described in the application, he may waive the
filing of plans for alterations, repairs or moving, provided the cost
of such work does not exceed $2,000.
(2)
Minor repairs. The Building Inspector may authorize minor repairs
or maintenance work on any structure or to heating, ventilating or
air-conditioning systems installed therein valued at less than $1,000,
as determined by the Building Inspector, which do not change the occupancy
area, exterior aesthetic appearance, structural strength, fire protection,
exits, light or ventilation of the building or structure without issuance
of a building permit.
H.
Approval of plans; permit issuance.
(1)
Permit issuance. If the Building Inspector determines that the building
will comply in every respect with all ordinances and orders of the
Village and all applicable laws and orders of the State of Wisconsin,
he shall issue a building permit, which shall state the use to which
said building is to be put, which shall be kept and displayed at the
site of the proposed building. The Inspector shall issue the requested
permit after all state, county and local submission requirements are
satisfied. If a permit card is issued, it shall be posted at the job
site in a visible location from the street. Permits are valid for
two years. After being approved, the plans and specifications shall
not be altered in any respect which involves any of the above-mentioned
ordinances, laws or orders or which involves the safety of the building
or the occupants, except with the written consent of the Building
Inspector.
(2)
Partial authorization. In case adequate plans are presented for part
of the building only, the Building Inspector, at his discretion, may
issue a permit for that part of the building before receiving the
plans and specifications for the entire building.
(3)
Completion deposit required. A deposit of $500 is required for all
new construction. It shall be refunded after the project is completed
and no noncompliances are found by the Inspector, the lawn and driveway
inspections are completed and approval given by the Director of Public
Works, and all other fees are paid. It shall be forfeited if occupancy
occurs before final inspection or extends after a temporary occupancy
permit expires. It shall also be forfeited if the exterior is not
finished within two years of permit issuance.
[Amended 6-2-2003]
I.
Inspections.
(1)
The following inspections shall be requested 48 hours in advance
by the applicant/contractor or property owner, as applicable:
(2)
Failure to request any inspection will be the responsibility of the
contractor and/or property owner.
(3)
Completion deposit required. A deposit of $500 is required for all
new construction. It shall be refunded after the project is completed
and no noncompliances are found by the Inspector, the lawn and driveway
inspections are completed and approval given by the Director of Public
Works, and all other fees are paid. It shall be forfeited if occupancy
occurs before final inspection or extends after a temporary occupancy
permit expires. It shall also be forfeited if the exterior is not
finished within two years of permit issuance.
[Amended 6-2-2003]
J.
Permit lapses. A building permit shall lapse and be void unless building
operations are commenced within six months or if construction has
not been completed within two years from the date of issuance thereof.
K.
Revocation of permits.
(1)
The Building Inspector or the Village Board may revoke any building,
plumbing or electrical permit, occupancy permit or approval issued
under the regulations of this chapter and may stop construction or
use of approved new materials, equipment, methods of construction,
devices or appliances for any of the following reasons:[5]
(a)
Whenever the Building Inspector shall find at any time that
applicable ordinances, laws, orders, plans and specifications are
not being complied with and that the holder of the permit refused
to conform after written warning has been issued to him.
(b)
Whenever the continuance of any construction becomes dangerous
to life or property.
(c)
Whenever there is any violation of any condition or provisions
of the application for permit or of the permit.
(d)
Whenever, in the opinion of the Building Inspector, there is
inadequate supervision provided on the job site.
(e)
Whenever any false statement or misrepresentation has been made
in the application for permit, plans, drawings, data specifications
or certified lot or plot plan on which the issuance of the permit
or approval was based.
(f)
Whenever there is a violation of any of the conditions of an
approval or occupancy permit given by the Building Inspector for the
use of all new materials, equipment, methods or construction devices
or appliances.
(2)
The notice revoking a building, plumbing or electrical permit, occupancy
permit or approval shall be in writing and may be served upon the
applicant for the permit, owner of the premises and his agent, if
any, and on the person having charge of construction.[6]
(3)
A revocation placard shall also be posted upon the building, structure,
equipment or premises in question by the Building Inspector.
(4)
After the notice is served upon the persons as aforesaid and posted,
it shall be unlawful for any person to proceed thereafter with any
construction operation whatsoever on the premises, and the permit
which has been so revoked shall be null and void, and before any construction
or operation is again resumed, a new permit, as required by this chapter,
shall be procured and fees paid therefor, and thereafter the resumption
of any construction or operation shall be in compliance with the regulations
of this chapter. However, such work as the Building Inspector may
order as a condition precedent to the reissuance of the building permit
may be performed, or such work as he may require for the preservation
of life and safety.
L.
Report of violations. Village officers shall report at once to the
Building Inspector any building which is being carried on without
a permit as required by this chapter.
M.
Display of permit. Building permits shall be displayed in a conspicuous
place on the premises where the authorized building or work is in
progress at all times during construction or work thereon.
[Amended 9-10-2012 by Ord. No. 2012-04; 10-21-2019 by Ord. No. 2019-06]
A.
Appointment; powers and duties. The Village Board shall appoint a
Building Inspector, who shall have the power and duty to enforce the
provisions of this chapter and the laws and orders of the State of
Wisconsin that relate to building construction; and for these purposes,
the Building Inspector shall have the right at all reasonable times
to enter buildings and premises. With the consent of the Village Board,
the Building Inspector may appoint one or more Deputy Building Inspectors
and may delegate to them the above-mentioned powers and duties, but
such appointment shall not carry with it any increase in compensation.
B.
Certification. The Building Inspector shall be certified for inspection
purposes by the Department of Safety and Professional Services (Department)
in the required categories specified under Ch. SPS 305, Wis. Adm.
Code. Any Deputy Building Inspector shall also be certified as defined
in Ch. SPS 305, Wis. Adm. Code.
C.
Access to property and structures. The Building Inspector or an authorized
Deputy of the Building Inspector may, at all reasonable hours, enter
upon any public or private property or structure for inspection purposes.
The Building Inspector may require the production of the permit for
any building, plumbing, electrical, or HVAC work. No person shall
interfere with or refuse to permit access to any such property or
structure to the Building Inspector or its agent while in the performance
of its duties. In the event the Inspector is refused access to any
such property or structure, then the Inspector is authorized to apply
for a special inspection warrant pursuant to § 66.0119,
Wis. Stats., as amended from time to time. In the event the Building
Inspector is required to obtain a special inspection warrant to gain
access to a property or structure, the owner of the property or structure
shall be liable for all costs and actual legal fees incurred by the
Building Inspector in obtaining the special inspection warrant.
D.
Application for permits. The Building Inspector shall prepare suitable
forms for permit applications and permits, shall take applications
and issue to qualified applicants permits as required for all construction
work, and shall maintain suitable records of the permits issued.
E.
Stop-work orders. The Building Inspector may order work to stop on
the construction, installation, alteration or repair of any construction
when such work is being done in violation of the terms of this chapter.
Work so stopped shall not be resumed except with written permission
of the Building Inspector. If the stop-work order is an oral one,
it shall be followed by a written order within two business days.
[Added 7-10-2023 by Ord. No. 2023-02]
A.
The Village of Dane has adopted the certified municipality status
as described in § SPS 361.60, Wis. Adm. Code.
B.
Responsibilities. The Village of Dane shall assume the following
responsibilities for the Department of Safety and Professional Services
(DSPS):
C.
Plan examination. Drawings, specifications and calculations for all
the types of buildings and structures, except state-owned buildings
and structures to be constructed within the limits of the Village,
shall be submitted if the plans are for any of the following:
(1)
New commercial building and structure.
(2)
Addition to a commercial building and structure.
(3)
The Village may waive its jurisdiction for the plan review of
a specific project or types of projects, or components thereof, in
which case plans and specifications shall be submitted to DSPS for
approval.
(4)
DSPS may waive its jurisdiction for the plan review of a specific
project, where agreed to by the Village, in which case plans and specifications
shall be submitted to the Village for review and approval.
D.
Plan submission procedures. All commercial buildings, structures
and alterations, including new buildings and additions, require plan
submission as follows:
[Amended 9-10-2012 by Ord. No. 2012-04; 10-21-2019 by Ord. No. 2019-06]
A.
The following chapters of the Wisconsin Administrative Code, as may
be amended from time to time, are adopted by the Village of Dane and
shall be enforced by the Building Inspector:
|
§ SPS 302.31
|
Plan Review Fee Schedule
|
|
Ch. SPS 305
|
Credentials
|
|
Ch. SPS 316
|
Electrical Code
|
|
Chs. SPS 320 through 325
|
Uniform Dwelling Code
|
|
Ch. SPS 327
|
Campgrounds
|
|
Chs. SPS 361 through 366
|
Commercial Building Code
|
|
Chs. SPS 375 through 379
|
Buildings Constructed Prior to 1914
|
|
Chs. SPS 381 through 387
|
Uniform Plumbing Code
|
B.
Existing ordinances and local codes shall remain in effect except
as and until they conflict with any provision of the codes adopted
pursuant to this section. To the extent existing ordinances and codes
conflict with the codes adopted under this section, the terms set
forth in the Wisconsin Administrative Code shall apply.
A.
All materials, methods of construction and devices designed for use
in buildings or structures covered by this chapter and not specifically
mentioned in or permitted by this chapter shall not be so used until
approved in writing by the State Department of Safety and Professional
Services for use in buildings or structures covered by the Wisconsin
State Building Code, except sanitary appliances, which shall be approved
in accordance with the State Plumbing Code.
B.
Such materials, methods of construction and devices, when approved,
must be installed or used in strict compliance with the manufacturer's
specifications and any rules or conditions of use established by the
State Department of Safety and Professional Services. The data, test
and other evidence necessary to prove the merits of such material,
method of construction or device shall be determined by the State
Department of Safety and Professional Services.
Whenever the Building Inspector or Village Board finds any building
or part thereof within the Village to be, in his or its judgment,
so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary
or otherwise unfit for human occupancy or use and so that it would
be unreasonable to repair the same, the Building Inspector or Village
Board shall order the owner to raze and remove such building or part
thereof or, if it can be made safe by repairs, to repair and make
safe and sanitary or to raze and remove at the owner's option. Such
order and proceedings shall be as provided in § 66.0413,
Wis. Stats.
The purpose of the inspections under this chapter is to improve
the quality of housing in the Village of Dane. The inspections and
the reports and findings issued after the inspections are not intended
as, nor are they to be construed as, a guarantee. In order to so advise
owners and other interested persons, the following disclaimer shall
be applicable to all inspections under this chapter: "These findings
of inspection contained herein are intended to report conditions of
noncompliance with code standards that are readily apparent at the
time of inspection. The inspection does not involve a detailed examination
of the mechanical systems or the closed structural and nonstructural
elements of the building and premises. No warranty of the operation,
use or durability of equipment and materials not specifically cited
herein is expressed or implied."
Private garages shall be built in accordance with the general
construction standards established in the Wisconsin Uniform Dwelling
Code.
A.
Demolition permit required. All persons who demolish or cause to
be demolished any structure or part of a structure larger than 400
square feet within the Village shall apply for and obtain a demolition
permit from the Building Inspector prior to undertaking any steps
to demolish the structure.
B.
Application.
(1)
An
application for a permit to demolish all or part of a building shall
include the following information:
(a)
The name and address of the owner of the building on the date
of application and, if different, on the date of demolition;
(b)
The name, address and telephone number of the contractor(s)
performing the demolition work;
(c)
The date upon which demolition is to commence;
(d)
The date by which demolition shall be complete;
(e)
A list of all hazardous waste and hazardous and toxic substances
(as defined by § NR 661.03, Wis. Adm. Code, as amended from
time to time) contained in the building, a statement as to whether
the building contains asbestos [as defined by § 254.11(1),
Wis. Stats.], and a detailed description of the method to be used
in removing, transporting and disposing of any hazardous waste, hazardous
and toxic substances, and asbestos;[1]
(f)
A detailed description of how and where the waste materials
resulting from the demolition will be transported and disposed of
(including the description of the route to be used by trucks in hauling
the waste);
(g)
A description of the method of demolition to be used; and
(h)
A description in detail of all methods to be used to prevent
water runoff and soil erosion from the site to neighboring properties
and to prevent releasing unreasonable amounts of dust from the site.
(2)
Along
with the application for permit for demolition, the applicant shall
present a release from all utilities serving the property, stating
that their respective service connections and appurtenant equipment
such as meters and regulators have been removed or sealed and plugged
in a safe manner.
C.
Demolition. The demolition shall be conducted in a manner that is
safe and that does not adversely affect the environment.
D.
Clearing and leveling the site.
(1)
The site of any demolition shall be properly cleared of debris, rubbish
and pavement and shall be properly graded and leveled to conform with
the adjoining grade of the neighboring property, and when so graded
and leveled, the site shall be seeded, sodded or treated in some other
manner acceptable to the Building Inspector so as to prevent blowing
dust, dirt, or sand. Excavations remaining after demolition shall
be filled, graded and leveled off, not later than 30 consecutive days
after demolition is completed.
(2)
Excavations from demolished buildings or structures shall not be
filled with any materials subject to deterioration. The Building Inspector,
upon notification by the permit holder, the owner or his agent, in
writing and upon forms provided by the Building Inspector for that
purpose, shall, within 72 hours, inspect each excavation, or part
thereof, before filling any excavation.
(3)
It shall be unlawful to fill any such excavation without inspection
and approval of the Building Inspector. Voids in filled excavations
shall not be permitted. In the event of the unavailability of the
Building Inspector to conduct an inspection within the 72 hours after
written notice, the permit holder, owner or his agent may retain the
services of a certified, qualified municipal inspection service to
obtain an opinion that approves filling of the excavation. Said opinion
shall be deemed a sufficient approval by the Village, provided that
a written copy of the opinion is delivered to the Clerk-Treasurer
at least 48 hours before filling of the excavation commences.
E.
Removal and disposal. Removal, transportation and disposal of all
hazardous waste, hazardous and toxic substances, and asbestos shall
be conducted in compliance with all applicable state, federal and
local statutes, ordinances and regulations. The permit holder shall
give the Building Inspector 72 hours' written notice prior to any
removal, transportation or disposal of hazardous waste, hazardous
and toxic substances, and asbestos.
A.
Basement subflooring. First-floor subflooring shall be completed
within 60 days after the basement is excavated.
B.
Fencing of excavations. The owner of any premises on which there
exists an opening or excavation which is located in close proximity
to a public sidewalk or street right-of-way so as to constitute a
hazard to pedestrian or vehicular traffic shall erect a fence, wall
or railing at least four feet high between such opening or excavation
and the public right-of-way.
C.
Closing of abandoned excavations. Any excavation for building purposes or any uncovered foundation which shall remain open for more than three months shall be deemed abandoned and a nuisance, and the Building Inspector shall order that, unless the erection of the building or structure on the excavation or foundation shall commence or continue forthwith, suitable safeguards shall be provided to prevent accidental injury to children or other frequenters or that the excavation or foundation be filled to grade. Such order shall be served upon the owner of record or the owner's agent, where an agent is in charge of the premises, and upon the holder of an encumbrance of record in the manner provided for service of a summons in the Circuit Court. If the owner or the holder of an encumbrance of record cannot be found, the order may be served by posting it on the premises and publication in accordance with Chapter 135 of this Code at least 10 days before the time for compliance stated in the order commences to run. Such time shall be not less than 14 nor more than 20 days after service. If the owner of the land fails to comply with the order within the time required, the Building Inspector shall cause the excavation or foundation to be filled to grade. The cost of such abatement shall be charged against the real estate and entered on the next succeeding tax roll as a special charge and shall bear interest at a rate established by the Village Board from the date of the report by the Building Inspector on the cost thereof, pursuant to the provisions of § 66.0627, Wis. Stats.[1]
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
service.
A.
General requirements.
(1)
No person shall move any building or structure greater than 200 square
feet upon any of the public ways of the Village without first obtaining
a permit therefor from the Building Inspector and upon the payment
of the required fee. Every such permit issued by the Building Inspector
for the moving of a building shall designate the route to be taken
and the conditions to be complied with and shall limit the time during
which said moving operations shall be continued.
(2)
A report shall be made by Village employees with regard to possible
damage to trees. The estimated cost of trimming, removal and replacement
of public trees, as determined by the Village, shall be paid to the
Village Clerk-Treasurer prior to issuance of the moving permit.
(3)
Issuance of a moving permit shall further be conditioned on approval
of the moving route by the Village Board.
B.
Moving damaged buildings. No building shall be repaired, altered
or moved within or into the Village that has deteriorated or has been
damaged by any cause (including such moving and separation from its
foundation and service connections in case of moved buildings) to
the extent of 50% or more of its equalized value, and no permit shall
be granted to repair, alter or move such building within or into the
Village. Furthermore, if the equalized assessed value of the building
is not within 20% of the surrounding buildings where the building
is proposed to be moved to, no permit shall be granted unless the
building is improved to be within the 20%.
C.
Continuous movement. The movement of buildings shall be a continuous
operation during all the hours of the day and at night until such
movement is fully completed. All such operations shall be performed
with the least possible obstruction to thoroughfares. No building
shall be allowed to remain overnight upon any street crossing or intersection
or so near thereto as to prevent easy access to any fire hydrant or
any other public facility. Lights shall be kept in conspicuous places
at each end of the building during the night.
D.
Street repair. Every person receiving a permit to move a building
shall, within one day after said building reaches its destination,
report that fact to the Building Inspector, who shall inspect the
streets, highways and curbs and gutters over which said building has
been moved and ascertain their condition. If the removal of said building
has caused any damage to any street or highway, the person to whom
the permit was issued shall forthwith place them in as good repair
as they were before the permit was granted. On the failure of said
permittee to do so within 10 days thereafter to the satisfaction of
the Village Board, the Village shall repair the damage done to such
streets and hold the person obtaining such permit and the sureties
on his bond responsible for the payment of the same.
E.
Conformance with code. No permit shall be issued to move a building
within or into the Village and to establish it upon a location within
said Village until the Building Inspector has made an investigation
of such building at the location from which it is to be moved and
is satisfied from such investigation that said building is in a sound
and stable condition and of such construction that it will meet the
requirements of this Building Code in all respects. A complete plan
of all further repairs, improvements and remodeling with reference
to such building shall be submitted to the Building Inspector, and
he shall make a finding of fact to the effect that all such repairs,
improvements and remodeling are in conformity with the requirements
of this Building Code and that, when the same are completed, the building
as such will so comply with said Building Code. In the event that
a building is to be moved from the Village to some point outside the
boundaries thereof, the provisions with respect to the furnishing
of plans and specifications for proposed alterations to such building
may be disregarded.
F.
Bond.
(1)
Before a permit is issued to move any building over any public way
in the Village, the party applying therefor shall give a bond to the
Village of Dane in a sum to be fixed by the Building Inspector and
which shall not be less than $5,000, said bond to be executed by a
corporate surety or two personal sureties to be approved by the Village
Board or designated agent, conditioned upon, among other things, the
indemnification of the Village for any costs or expenses incurred
by it in connection with any claims for damages to any persons or
property and the payment of any judgment, together with the costs
and expenses incurred by the Village in connection therewith arising
out of the removal of the building for which the permit is issued.
(2)
Unless the Building Inspector, upon investigation, shall find it to be a fact that the excavation exposed by the removal of such building from its foundation shall not be so close to a public thoroughfare as to permit the accidental falling therein of travelers or the location, nature and physical characteristics of the premises and the exposed excavation such as to make intrusion upon the premises and the falling into such excavation of children under 12 years of age unlikely, the bond required by Subsection F(1) shall be further conditioned upon the permittee erecting adequate barriers and, within 48 hours, filling in such excavation or adopting and employing such other means, devices or methods approved by the Building Inspector and reasonably adopted or calculated to prevent the occurrences set forth herein.
G.
Insurance. The Building Inspector shall require, in addition to said
bond above indicated, public liability insurance covering injury to
one person in the sum of not less than $1,000,000 and, for one accident,
aggregate not less than $5,000,000, together with property damage
insurance in a sum not less than $1,000,000, or such other coverage
as deemed necessary.
H.
Village Board approval.
(1)
No such permit shall be issued unless it has been found as a fact by the Village Board of the municipality by at least a majority vote, after an examination of the application for the permit which shall include exterior elevations of the building and accurate photographs of all sides and views of the same and, in case it is proposed to alter the exterior of said building, plans and specifications of such proposed alterations and after a view of the building proposed to be moved and of the site at which it is to be located, that the exterior architectural appeal and functional plans of the building to be moved or moved and altered will not be so at variance with either the exterior architectural appeal and functional plan of the buildings already constructed or in the course of construction in the immediate neighborhood or in the character of the applicable district established by Chapter 520, Zoning, or any ordinance amendatory thereof or supplementary thereto, as to cause a substantial depreciation of the property values of said neighborhood within said applicable district. In case the applicant proposed to alter the exterior of said building after moving the same, he shall submit, with his application papers, complete plans and specifications for the proposed alterations. Before a permit shall be issued for a building to be moved and altered, the applicant shall give a cash bond to the Village Board, which shall not be less than $5,000, to be executed in the manner provided in Subsection F hereof, to the effect that he will, within a time to be set by the Village Board, complete the proposed exterior alterations to said building in the manner set forth in his plans and specifications. This bond shall be in addition to any other bond or surety which may be required by other applicable ordinances of the Village. No occupancy permit shall be issued for said building until the exterior alterations proposed to be made have been completed.
(2)
Upon application being made to the Building Inspector, he shall request a meeting of the Village Board to consider applications for moving permits which he has found comply, in all respects, with all other ordinances of the Village. The Village Board may, if it desires, hear the applicant for the moving permit in question and/or the owner of the lot on which it is proposed to locate the building in question, together with any other persons, either residents or property owners, desiring to be heard, giving such notice of hearing as it may deem sufficient. Such hearing may be adjourned for a reasonable length of time, and, within 48 hours after the close of the hearing, the Village Board shall, in writing, make or refuse to make the finding required by Subsection H(1) hereof and file it in the office of the Clerk-Treasurer, who shall send a copy of it to the Building Inspector.
If no noncompliances are found by the Building Inspector, then
the Inspector shall issue an occupancy permit. If minor noncompliances
other than health or safety items are in existence, the Inspector
may issue a temporary occupancy permit for a specified term. Occupancy
may not be taken until an occupancy permit is issued.
A.
Purpose. In order to prevent the development of hazardous conditions
presenting a threat to the well-being of occupants of buildings and
to other persons, and to prevent the deterioration of buildings and
appurtenances related thereto resulting in substantial depreciation
in the property values of the neighborhood, and in order to protect
and secure the health, safety and welfare of those living in the Village
of Dane, it is necessary that buildings and appurtenances related
thereto in the Village of Dane be kept in a reasonable state of repair.
B.
Certificates of compliance required.
(1)
Except as otherwise provided herein, whenever there is a proposed
change of ownership of any structure requiring an occupancy permit,
including but not limited to any commercial building, industrial building,
retail facilities, manufacturing plant or facility, warehouse, office
structure, residential building (excluding freestanding, owner-occupied
single-family homes) or part thereof, such as a dwelling or multifamily
building, and any appurtenance related to any of the foregoing structures,
such change shall not be made unless a certificate of compliance has
been issued by the Village dated not earlier than one year prior to
the change of ownership.
(2)
Changes in ownership or accepting change of ownership without such
certificate of compliance is a violation of this chapter, subjecting
the person, firm or corporation so changing ownership or accepting
change of ownership to the penalties hereinafter set forth in this
chapter.
(3)
In order not to delay or impede a pending change of ownership (sale),
the Building Inspector may issue a temporary certificate of compliance
if the code violations existing at the time of the change of ownership
(sale), in the opinion and judgment of appropriate Village officials,
are not an immediate and imminent threat to the health or safety of
the owners, the tenants or the occupants of the property in question.
(4)
Under such circumstances, the former owner (seller) and the new owner
(buyer) shall be jointly and severally liable and responsible for
correcting all code violations existing at the time the change of
ownership occurs, said corrections to take place within the time established
by the Village. Failure to correct such code violations shall subject
said owners to the penalties aforementioned.
C.
Requirements.
(1)
A certificate of compliance shall be issued by the Village of Dane
after an inspection of the premises discloses that the premises are
in compliance with the Building Code, Property Maintenance Code, Plumbing
Code and Electrical Code and applicable property maintenance ordinances.
(2)
Compliance with the provisions of said codes shall be met if the
provisions of the respective codes in effect at the time of the inspection
are met or if the provisions of the codes in effect at the time the
permit was issued for the particular construction or installation
were met.
(3)
In a situation where there is compliance with the applicable code
in effect at the time a permit was issued but there is noncompliance
with the current code and, in the opinion of the appropriate Village
official, the situation presents a hazardous condition endangering
health or safety, the Building Inspector, or his/her designee, shall
issue a noncompliance notice setting forth the hazardous condition.
D.
Noncompliance. If an inspection by the Village discloses noncompliance
with any of the Village codes referred to herein, the Village shall
issue a noncompliance notice setting forth the areas of noncompliance
and stating that the premises shall be brought into compliance within
30 days or a reasonable time thereafter. When a subsequent inspection
discloses compliance, a certificate of compliance shall be issued.
If there is continual noncompliance after the time limit established
by the Village, no new occupancies shall be permitted. Entry into
occupancy after the compliance period established by the Village has
elapsed without such certificate of compliance having been issued
is a violation of the Village codes, subjecting the person, firm or
corporation so entering into occupancy, or the owner of the premises
permitting such occupancy, to the penalties set forth in this chapter.
E.
No warranty implied. A certificate of compliance indicates that so
far as can be reasonably determined by a visual inspection of the
premises and a review of Village records, the premises meet the requirements
of Village codes. Neither the Village of Dane nor its inspectors assume
any liability in the inspection or the issuance of a certificate of
compliance and by the issuance of a certificate of compliance does
not guarantee or warrant as to the condition of the premises inspected.
F.
Permission to inspect. If the owner of the premises refuses to grant
the Village or its representatives permission to inspect the premises,
no such inspection shall be made unless a special inspection warrant
authorized and provided for under § 66.0119, Wis. Stats.,
is properly obtained.
G.
Fee and notice requirements. A fee, as from time to time set by the
Village Board, shall be paid to the Village of Dane for inspection
of the premises required prior to the issuance of a certificate of
compliance, which fee shall be paid at the time of applying for such
inspection. There shall be a minimum of 10 working days' notice to
the Building Inspector before inspection of said property shall be
required, subsequent to which inspection shall occur as soon as reasonably
practicable. If more than one reinspection is required, an additional
fee, as from time to time set by the Village Board, shall be paid
in advance for each reinspection.[1]
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.
Notice of violation.
(1)
If an inspection reveals a noncompliance with this chapter or the
Uniform Dwelling Code, the Building Inspector shall notify the applicant
and the owner, in writing, of the violation to be corrected. All cited
violations shall be corrected within 30 days after written notification,
unless an extension of time is granted pursuant to § SPS
320.21, Wis. Adm. Code.
(2)
If, after written notification, the violation is not corrected within
30 days, a stop-work order may be served on the owner or his or her
representative, and a copy thereof shall be posted at the construction
site. Such stop-work order shall not be removed except by written
notice of the Building Inspector after satisfactory evidence has been
supplied that the cited violation has been corrected.
(3)
Each day each violation continues after the thirty-day written notice
period has run shall constitute a separate offense. Nothing in this
chapter shall preclude the Village from maintaining any appropriate
action to prevent or remove a violation of any provision of this chapter
or the Uniform Dwelling Code.
(4)
If any construction or work governed by the provisions of this chapter
or the Uniform Dwelling Code is commenced prior to the issuance of
a permit, double fees shall be charged.
C.
Any person feeling aggrieved by an order or a determination of the
Building Inspector may appeal from such order or determination to
the Zoning Board of Appeals. Those procedures customarily used to
effectuate an appeal to the Zoning Board of Appeals shall apply.
D.
Except as may otherwise be provided by statute or ordinance, no officer,
agent or employee of the Village of Dane charged with the enforcement
of this chapter shall render himself personally liable for any damage
that may accrue to persons or property as a result of any act required
or permitted in the discharge of his duties under this chapter. Any
suit brought against any officer, agent or employee of the Village
as a result of any act required or permitted in the discharge of his
duties under this chapter shall be defended by the legal representative
of the Village until the final determination of the proceedings therein.[2]
