[HISTORY: Adopted by the Village Board of the Village of
Argyle 12-7-2005 as Title 15, Ch. 1, of the 2005 Village Code. Amendments noted where
applicable.]
A.
Title. This chapter shall be known as the "Building Code of the Village
of Argyle" and will be referred to in this chapter as "this code,"
"this chapter" or "this ordinance."
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.
(1)
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. The provisions of this chapter
supplement the laws of the State of Wisconsin pertaining to construction
and use and the Zoning Code of the Village and amendments thereto
to the date this chapter was adopted and in no way supersede or nullify
such laws and the said Zoning Code.
(2)
This chapter 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 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/her authorized agent
from the Building Inspector or his/her designee. Prior to commencing
any of the following work, the owner or his/her agent shall obtain
a valid permit under this chapter and the Uniform Dwelling Code[1] for:
(a)
New buildings.
(b)
Additions that increase the physical dimensions of a building
including decks.
(c)
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.
(d)
Permits are not required for replacement of major building equipment
including furnaces, central air conditioners, water heaters, other
major pieces of equipment, and plumbing, venting, electrical or gas
supply systems when altered.
(e)
Any electrical wiring for new construction or remodeling.
(f)
Any HVAC for new construction or remodeling.
(g)
Any plumbing for new construction or remodeling.
(h)
Exempt are normal repairs performed in Subsection A(1)(e) through (g), re-roofing 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.
(i)
Agricultural buildings in properly zoned districts are exempt.
[1]
Editor's Note: See Chs. SPS 320 to 325, Wis. Adm. Code.
(2)
Alterations and repairs. The following provisions shall apply to
buildings altered or repaired:
(a)
Alterations. When not in conflict with any regulations, alterations
to any existing building or structure accommodating a legal occupancy
and use but of 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.
(3)
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.
(4)
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.
B.
Plans.
(1)
Residential buildings. With such application, there shall be submitted
two complete sets of plans and specifications, including a plot plan
showing the location and dimensions of all buildings and improvements
on the lot, both existing and proposed, dimensions of the lot, dimensions
showing all setbacks of all buildings on the lot, proposed grade of
proposed structure (to Village datum), grade of lot and of the street
abutting lot, grade and setback of adjacent buildings (if adjacent
lot is vacant, submit elevation of nearest buildings on same side
of street), type of monuments at each corner of lot, watercourses
or existing drainage ditches, easements or other restrictions affecting
such property, seal and signature of surveyor or a certificate signed
by the applicant and a construction erosion control plan setting forth
proposed information and procedures needed for control of soil erosion,
surface water runoff and sediment deposition at the building site.
(2)
Plan specifications. Plans, specifications and plot plans shall be
drawn to a minimum scale of 1/4 inch to one foot (fireplace details
of 3/4 inch to one foot). One set of plans shall be returned after
approval as provided in this chapter. The second set shall be filed
in the office of the Building Inspector. Plans for buildings involving
the State Uniform Dwelling Code shall bear the stamp of approval of
the Wisconsin 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.
C.
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 with a fair market value
of less than $1,000, as determined by the Building Inspector, including
market value of labor, 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.
D.
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/she 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/her discretion, may issue a permit
for that part of the building before receiving the plans and specifications
for the entire building.
E.
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 18 months from the date of issuance thereof.
F.
Right of inspection access. By accepting a permit the applicant,
owner or contractor grants the Building Inspector the right of access
to the real estate on which the permitted construction or demolition
will occur. No person shall interfere with or refuse to permit access
to any such premises to the Inspector or his/her agent while in the
performance of his/her duties. In the event the Inspector is refused
access to any such premises, then the Inspector is authorized to apply
for a special inspection warrant pursuant to § 66.0119,
Wis. Stats.
(1)
Building permits conditioned upon compliance with codes. Permits
are issued conditionally on the condition that the owner and/or contractor(s)
shall conform to the requirements of all applicable codes, zoning
ordinances and setback requirements on constructing the 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.
(2)
Partial authorization. In case adequate plans are presented for part
of the building only, the Building Inspector, at his/her discretion,
may issue a permit for that part of the building before receiving
the plans and specifications for the entire building.
G.
Inspections.
(1)
The following inspections shall be requested a minimum of 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. No construction will be deemed approved
by default or lack of inspection by the property owner.
H.
Revocation of permits.
(1)
The Building Inspector or the Village Board 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 or construction has been issued to
him/her.
(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 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 certificate
of occupancy or approval shall be in writing and may be served upon
the applicant of the permit, owner of the premises and his/her agent,
if any, and on the person having charge of construction.
(3)
A revocation placard shall also be posted upon the building, structure,
equipment or premises in question by the 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 regulation
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/she may require for the preservation
of life and safety.
I.
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.
J.
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.
A.
Adoption of codes.
(1)
The following Wisconsin Administrative Codes and subsequent revisions
are adopted for municipal enforcement:
Chs. SPS 316 and 324, Electrical Code
| |
Chs. SPS 320 through 325, Uniform Dwelling Code
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Ch. SPS 326, Inspection Certification
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Ch. SPS 367, Rental Unit Energy Efficiency
| |
Chs. SPS 375 through 379, Historic Building Code
| |
Chs. SPS 381 through 386, Uniform Plumbing Code
|
(2)
Chs. SPS 361 through 366, (Commercial Building Code), SPS 375 through
379, Wis. Adm. Code (Buildings Constructed Prior to 1914), 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 Wisconsin Administrative
Code provisions incorporated herein are intended to be made a part
of this Code. A copy of said Wisconsin Administrative Code provisions
and amendments thereto shall be kept on file in the office of the
Building Inspector.
(3)
By virtue of adopting § SPS 361.05, Wis. Adm. Code, the
following codes are also adopted and incorporated by reference:
(a)
IBC. The International Building Code® — 2000, subject
to the modifications specified in Chs. SPS 361 through 362, Wis. Adm.
Code.
(b)
IECC. The International Energy Conservation Code® —
2000, subject to the modifications specified in Ch. SPS 363, Wis.
Adm. Code.
(c)
IMC. The International Mechanical Code® — 2000, subject
to the modifications specified in Ch. SPS 364, Wis. Adm. Code.
(d)
IFGC. The International Fuel Gas Code® — 2000, subject
to the modifications specified in Ch. SPS 365, Wis. Adm. Code.
(4)
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 Wisconsin 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 Building Inspector's office.
B.
Existing buildings.
(1)
The
Wisconsin Uniform Dwelling Code shall also apply to buildings and
conditions where:
(a)
An existing building is to be occupied as a one- or two-family
dwelling, which building was not previously so occupied.
(b)
An existing structure is altered or repaired, when the cost
of such alteration or repair during the life of the structure exceeds
50% of the equalized value of the structure, said value to be determined
by the Village Assessor.
C.
ADDITION
ALTERATION
DEPARTMENT
DWELLING
MINOR REPAIR
ONE- OR TWO-FAMILY DWELLING
PERSON
UNIFORM DWELLING CODE
Definitions. The following definitions shall be applicable in this
chapter:
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 Wisconsin Department of Safety and Professional Services,
formerly the Department of Industry, Labor and Human Relations.
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:
Ch. SPS 320 — Administration and Enforcement
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Ch. SPS 321 — Construction Standards
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Ch. SPS 322 — Energy Conservation
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Ch. SPS 323 — Heating, Ventilating and Air Conditioning
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Ch. SPS 324 — Electrical
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Ch. SPS 325 — Plumbing
|
D.
Method of enforcement.
(1)
Certified inspector to enforce. The Building Inspector and his/her
delegated representatives are hereby authorized and directed to administer
and enforce all of the provisions of the Uniform Dwelling Code. The
Building Inspector (or state-furnished inspector or contract certified
inspector) shall be certified for inspection purposes by the Department
in each of the categories specified under § SPS 326.06,
Wis. Adm. Code.
(2)
Subordinates. The Building Inspector may appoint, as necessary, subordinates
as authorized by the Village Board.
(3)
Duties. The Building Inspector shall administer and enforce all provisions
of this chapter and the Uniform Dwelling Code.
(4)
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/her agent while in performance
of his/her duties.
(5)
Records. The Building Inspector shall perform all administrative
tasks required by the Department under the Uniform Dwelling Code.
In addition, the Building Inspector shall keep a record of all applications
for building permits in a book for such purpose and shall regularly
number each permit in the order of its issue. Also, a record showing
the number, description and size of all buildings erected, indicating
the kind of materials used and the cost of each building and aggregate
cost of all one- and two-family dwellings shall be kept.
Whenever the Building Inspector or Village Board find any building
or part thereof within the Village of Argyle to be, in its judgment,
so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary
or otherwise unfit for human occupancy or use and so that it would
be unreasonable to repair the same, it shall order the owner to raze
and remove such building or part thereof or, if it can be made safe
by repairs, to repair and make safe and sanitary, or to raze and remove,
at the owner's option; such order and proceedings shall be as
provided in Section 66.0413, Wis. Stats.
The purpose of the inspections under this chapter is to improve
the quality of housing in the Village of Argyle. 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."
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 of Argyle 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 and 158.03(4), 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;
(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 the 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/her 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/her 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 Village Clerk-Treasurer
at least 48 hours before the 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.
F.
Miscellaneous provisions.
(1)
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.
(2)
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.
(3)
All debris must be hauled away at the end of each week for the work
that was done in that week. No combustible material shall be used
for backfill but shall be hauled away. There shall not be any burning
of materials on the site of the razed building.
(4)
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.
(5)
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 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 (including for sewer and water lateral
excavations) which is located in close proximity to a public sidewalk
or street right-of-way 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
before workers leave the job site.
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 make 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 days 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 § 66.0703, Wis. Stats.
D.
Fill dirt. Fill dirt used at a site shall be graded within four weeks.
A.
Discharge. When part of a newly constructed structure, 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, 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.
Sump pump discharge.
(1)
All sump pumps installed for the purpose of discharging clear water
from foundation drains, basement drains and ground infiltration shall,
within 60 days of installation, discharge into a storm sewer wherever
available. Storm sewers shall be considered "available:"
(2)
Storm sewers shall not be considered "available" in existing streets
with storm sewers until such time as sewer laterals are installed.
If no storm sewer is available sump pumps shall discharge into an
underground conduit leading to a drainage ditch, gutter, dry well
or onto the ground at a point which is not less than three feet from
the building and is above permanent grade.
(3)
No sump discharge shall be allowed to flow on or across a public
sidewalk. Sump discharge shall be directed to flow to the back yard
in all cases commencing November 15 and continuing until April 15
each year.
(4)
The provisions contained herein shall be in addition to those required
and imposed by the State Plumbing Code, Chs. SPS 381 through 387,
Wis. Adm. Code, and Ch. 145, Wis. Stats., and shall not amend or alter
the provisions therein except insofar as is necessary for the application
and enforcement of this subsection.
F.
Conducting tests. If the Building Inspector or his/her 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/she 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.
A.
A duplex structure shall be allowed a common water service to the
curb stop, but each unit of said duplex shall have a separate outside
curb stop for the purpose of shutting water off in one unit without
disturbing the second unit.
B.
Structures over two units, if metered separately, shall also have
individual outside curb stops for the purpose of shutting water off
in one unit without disturbing other units.
C.
A common sewer service can be used for duplex and multiple-unit structures
from the sewer main to the structure.
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 of Argyle 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, 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 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
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%. Such determination shall be made by
the Building Inspector, who may seek a recommendation from the Village
Assessor.
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 the
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/her bond responsible for the payment of 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
the 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 chapter 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/she
shall make a finding of fact to the effect that all such repairs,
improvements and remodeling are in conformity with the requirements
of this chapter and that, when the same are completed, the building
as such will so comply with this Building Code. In the event 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 Argyle in a sum to be fixed by the Building Inspector and
which shall not be less than $50,000, 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 to 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 is 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 $500,000 and for one accident
and aggregate not less than $1,000,000, together with property damage
insurance in a sum not less than $500,000, 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 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 the zoning ordinances of the Village 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 proposes to alter the exterior of said building after moving the same, he/she shall submit, with his/her 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 $50,000 to be executed in the manner provided in Subsection F hereof to the effect that he/she 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/her plans and specifications. This bond shall be in addition to any other bond or surety which may be required by other applicable ordinances of the 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/she shall request a meeting of the Village Board to consider applications for moving permits which he/she 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, and give 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 Village Clerk-Treasurer, who shall send a copy of it to the Building Inspector.
Village streets are to be kept clean of dirt and debris from all construction sites. The primary contractor for any construction project shall be responsible for sweeping streets of debris within 24 hours of the incident. The Village of Argyle will clean said street(s) if the work is not done within 24 hours of the incident and charge the current established costs to the contractor for the work. Failure to pay said costs within 30 days of receipt of the billing shall be deemed a violation of this section and be subject to the penalty provisions of § 1-2 of this Code.
Fees for permits under this chapter shall be established by
resolution of the Village Board.
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 violators may also be subject to a penalty as provided in the general penalty provisions of this Code (§ 1-2). 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.
B.
Noncompliance; opportunity for correction.
(1)
If an inspection reveals a noncompliance with this chapter, 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 by the Building Inspector.
(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.
(4)
If any construction or work governed by the provisions of this chapter
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 Board of Appeals. Those procedures customarily used to effectuate
an appeal to the 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 Argyle charged with the enforcement
of this chapter shall render himself/herself personally liable for
any damage that may accrue to persons or property as a result of any
act required or permitted in the discharge of his/her 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/her duties under this chapter shall be defended by
the legal representative of the Village until the final determination
of the proceedings therein.