City of Nekoosa, WI
Wood County
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[HISTORY: Adopted by the Common Council of the City of Nekoosa 4-13-2010 by Ord. No. 550. Amendments noted where applicable.]
GENERAL REFERENCES
Public works — See Ch. 8.
Public nuisances — See Ch. 10.
Health and sanitation — See Ch. 11.
Municipal utilities — See Ch. 13.
Zoning Code — See Ch. 17.
(1) 
Title. This chapter shall be known as the "Building Code of the City of Nekoosa" and will be referred to in this chapter as "this code" or "this chapter."
(2) 
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.
(3) 
Scope. New buildings hereafter erected in or any building hereafter moved within or into the City of Nekoosa shall conform to all the requirements of this code except as they are herein specifically exempted from part or all of its provisions. Any alteration, enlargement or demolition of an existing building and any installation therein of electrical, gas, heating, plumbing or ventilating equipment which affects the health or safety of the users thereof or any other persons is a new building to the extent of such change. Any existing building shall be considered a new building for the purposes of this code whenever it is used for dwelling, commercial or industrial purposes unless it was being used for such purpose at the time this code was enacted. The provisions of this chapter supplement the laws of the State of Wisconsin pertaining to construction and use and Chapter 17, Zoning Code, of the Code of the City of Nekoosa and amendments thereto to the date this chapter was adopted and in no way supersede or nullify such laws and said Chapter 17, Zoning Code.
(1) 
Permit required. No building of any kind shall be moved within or into the City of Nekoosa 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 City of Nekoosa, except as herein provided, until a permit therefor shall first have been obtained by the owner or his authorized agent from the Building Inspector.
(2) 
Application. Application for a building permit shall be made in writing upon a form furnished by the Building Inspector and shall state the name and address of the owner of the land and also the owner of the building if different, the legal description of the land upon which the building is to be located, the name and address of the designer, the use to which said building is to be put, and such other information as the Building Inspector may require.
(3) 
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 Nekoosa Common Council upon the recommendation of the Zoning Administrator.
(4) 
Utilities required.
(a) 
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 office of the Building Inspector.
(b) 
Nonresidential buildings. No building permit shall be issued for the construction of any building other than residential until contracts have been set for the installation of sewer, water, grading and graveling in the streets necessary to service the property for which the permit is requested.
(c) 
Occupancy. No person shall occupy any building until sewer, water, grading and graveling are installed in the streets necessary to service the property, and an occupancy permit shall not be issued until such utilities are available to service the property.
[Amended 7-10-2012 by Ord. No. 566]
(5) 
Plans. With such application, there shall be submitted a complete set of plans and specifications, including a plot plan showing the location of the proposed building with respect to adjoining roads, highways, streets, alleys, lot lines and buildings. Additionally, the plot plan shall include existing and proposed grade elevations at the parcel corners, the highest curb elevation and the proposed top foundation elevation for the principal structure. Plans for the buildings involving the State Building Code shall bear the stamp of approval of the State Department of Safety and Professional Services. One plan shall be submitted which shall remain on file in the office of the Building Inspector. All plans and specifications shall be signed by the designer. Plans for all new one- and two-family dwellings shall comply with the provisions of § SPS 320.09(4), Wis. Adm. Code.
(6) 
Waiver of plans. If the Building Inspector finds that the character of the work is sufficiently described in the application, he may waive the filing of plans for alterations, repairs or moving.
(7) 
Approval of plans.
(a) 
If the Building Inspector determines that the building will comply in every respect with all ordinances and orders of the City of Nekoosa and all applicable laws and orders of the State of Wisconsin, he shall issue a building permit which shall state the use to which said building is to be put, which shall be kept and displayed at the site of the proposed building. After being approved, the plans and specifications shall not be altered in any respect which involves any of the above-mentioned ordinances, laws or orders or which involves the safety of the building or the occupants, except with the written consent of the Building Inspector.
(b) 
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.
(c) 
No work is to be started unless a proper grade has been reviewed by the Department of Public Works, including the grade for sidewalk, curb and gutter, driveway and general construction.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
(d) 
Upon placement of forms for construction of a foundation or footings of a new principal structure in which the location of said foundation or footings lies within two feet of the required setbacks, or at the request of the Building Inspector, a registered land surveyor shall prepare a site plan or survey of the property to verify that the location of the structure on the property complies with all applicable setback requirements. Said survey or site plan shall be provided to the Building Inspector no later than the foundation inspection. Failure to provide said survey will result in the suspension of the building permit. Failure to comply with applicable setback requirements will result in the issuance of an order of correction by the Building Inspector.
(8) 
Fees. The building permit fee schedule shall be adopted by resolution by the Nekoosa Common Council and incorporated herein by reference, a copy of which is on file with the office of the Building Inspector.
(9) 
Inspection of work.
(a) 
The builder shall notify the Building Inspector when ready for inspections, and the Building Inspector shall inspect, within 48 hours' notice, all buildings at the following stages of construction:
1. 
Footings and foundation;
2. 
General framing, rough electrical, plumbing and heating;
3. 
Insulation; and
4. 
Final.
(b) 
If he finds that the work conforms to the provisions of this chapter, he shall issue an occupancy permit which shall contain the date and the results of such inspection, a duplicate of which shall be filed in the office of the Building Inspector.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
(10) 
Issuance and revocation of permit. No new building shall be occupied or otherwise used prior to the issuance of an occupancy permit. The permit may be revoked at the discretion of the Building Inspector upon 30 days' notice to the user or occupant of the building.
(11) 
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.
(12) 
Revocation. If 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 warnings or instruction has been issued to him, he shall revoke the building, electrical or plumbing permit by written notice posted at the site of the work. When any such permit is revoked, it shall be unlawful to do any further work thereunder until the permit is reissued, except such work as the Building Inspector may order to be done as a condition precedent to the reissuance of the permit or as he may require for the preservation of human life and safety.
(13) 
Report of violations. The police or other officers shall report to the Building Inspector any building which is being carried on without a permit as required by this chapter.
(1) 
State code adopted. The Administrative Code provisions describing and defining regulations with respect to one- and two-family dwellings in Chs. SPS 320 to 325, Wis. Adm. Code, are hereby adopted and by reference made a part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by an Administrative Code provision incorporated herein by reference is required or prohibited by this chapter. Any future amendments, revisions or modifications of the Administrative Code provisions incorporated herein are intended to be made part of this chapter to secure uniform statewide regulation of one- and two-family dwellings in the State of Wisconsin. A copy of these Administrative Code provisions and any future amendments shall be kept on file in the Zoning Administrator's office.
(2) 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
ADDITION
New construction performed on a dwelling which increases the outside dimensions of the dwelling.
ALTERATION
A substantial change or modification, other than an addition or minor repair, to a dwelling or to systems involved within a dwelling.
DEPARTMENT
The Department of Safety and Professional Services.
(a) 
Any building, the initial construction of which is commenced on or after the effective date of this chapter, which contains one or two dwelling units; or
(b) 
An existing structure, or that part of an existing structure, which is used or intended to be used as a one- or two-family dwelling.
MINOR REPAIR
Repair performed for maintenance or replacement purposes on any existing one- or two-family dwelling which does not affect room arrangement, light and ventilation, access to or efficiency of any exit stairways or exits, fire protection, or exterior aesthetic appearance and which does not increase a given occupancy and use. No building permit is required for work to be performed which is deemed a minor repair. No building permits are required for the following projects:
(a) 
Satellite dishes.
(b) 
Furnace replacement.
(c) 
Built-in appliances.
(d) 
Shingles for roof, if no extension of roof to change size.
(e) 
Window and door replacement, as long as size stays the same.
(f) 
Driveways; must conform with §§ 8.12 and 17.27(3) of the Code of the City of Nekoosa.
(g) 
Sidewalks. Public sidewalks must conform with § 8.10(5) of the Code of the City of Nekoosa.
(h) 
TV towers; must conform with § 17.30(1)(d) of the Code of the City of Nekoosa.
(i) 
Carpet replacement.
(j) 
Underground sprinkling systems.
ONE- OR TWO-FAMILY DWELLING
A building structure which contains one or separate households intended to be used as a home, residence or sleeping place by an individual or by two or more individuals maintaining a common household, to the exclusion of all others.
PERSON
An individual, partnership, firm or corporation.
UNIFORM DWELLING CODE
Those Administrative Code provisions, and any future amendments, revisions or modifications thereto, contained in the following chapters of the Wisconsin Administrative Code:
(a) 
Chapter SPS 320, Administration and Enforcement.
(b) 
Chapter SPS 321, Construction Standards.
(c) 
Chapter SPS 322, Energy Conservation.
(d) 
Chapter SPS 323, Heating, Ventilating and Air Conditioning.
(e) 
Chapter SPS 324, Electrical Standards.
(f) 
Chapter SPS 325, Plumbing.
(3) 
Method of enforcement.
(a) 
Building Inspector to enforce. The Building Inspector and his delegated representatives are hereby authorized and directed to administer and enforce all of the provisions of the Uniform Dwelling Code. The Building Inspector shall be certified for inspection purposes by the Department in each of the categories specified under § SPS 305.63, Dwelling inspectors, of the Wisconsin Administrative Code.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
(b) 
Subordinates. The Building Inspector may appoint, as necessary, subordinates, which appointments shall be subject to confirmation by the Common Council. Any subordinate hired to inspect buildings shall be certified under Ch. SPS 305, Wis. Adm. Code, by the Department.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
(c) 
Duties. The Building Inspector shall administer and enforce all provisions of this chapter and the Uniform Dwelling Code.
(d) 
Inspection powers. The Building Inspector or an authorized certified agent may at all reasonable hours enter upon any public or private premises for inspection purposes and may require the production of the permit for any building, plumbing, electrical or heating work. No person shall interfere with or refuse to permit access to any such premises to the Building Inspector or his agent while in the performance of his duties.
(e) 
Records. The Building Inspector shall perform all administrative tasks required by the Department under the Uniform Dwelling Code. In addition, the 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.
If any section, clause, provision or portion of this chapter or Chs. SPS 320, 321, 322, 323, 324 and 325, Wis. Adm. Code, is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions shall not be affected.
(1) 
Wisconsin Commercial Building Code adopted. Chapters SPS 361 to 366, Wisconsin Commercial Building Code, and Chapters SPS 375 to 379, Buildings Constructed Prior to 1914, of the Wisconsin Administrative Code are hereby adopted and made a part of this chapter with respect to those classes of building to which the Building Code specifically applies. Any future amendments, revisions and modifications of said chapters incorporated herein are intended to be made a part of this code.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
(2) 
Conflicts. If, in the opinion of the Building Inspector and the Nekoosa Common Council, the provisions of the State Building Code adopted by Subsection (1) of this section shall conflict with the provisions of the Federal Housing Administration standards in their application to any proposed building structure, the Inspector and/or City of Nekoosa shall apply the most stringent provisions in determining whether or not the proposed building meets the requirements of this section.
(1) 
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.
(2) 
Such materials, methods of construction and devices, when approved, must be installed or used in strict compliance with the manufacturer's specifications and any rules or conditions of use established by the State Department of Safety and Professional Services. The data, tests and other evidence necessary to prove the merits of such material, method of construction or device shall be determined by the State Department of Safety and Professional Services.
Whenever the Building Inspector and Nekoosa Common Council find any building or part thereof within the City of Nekoosa to be, in their judgment, so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human occupancy or use and so that it would be unreasonable to repair the same, they shall order the owner to raze and remove such building or part thereof or, if it can be made safe by repairs, to repair and make safe and sanitary or to raze and remove at the owner's option. Such order and proceedings shall be as provided in § 66.0413, Wis. Stats.
The purpose of the inspections under this chapter is to improve the quality of housing in the City of Nekoosa. The inspections and the reports and findings issued after the inspections are not intended as, nor are they to be construed as, a guarantee. In order to so advise owners and other interested persons, a disclaimer shall be included in each inspection report as follows:
"The 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.
[Amended 2-14-2012 by Ord. No. 564]
(1) 
No building within the City of Nekoosa shall be razed without a permit from the City of Nekoosa. The Public Works Director shall impose conditions on the permit as may be appropriate to assure compliance with this section. A snow fence or other approved barricade shall be provided as soon as any portion of the building is removed and shall remain during razing operations. After all razing operations have been completed, including the removal of the foundation walls, foundation floor, and basement floor, any hole that exists shall be filled at least one foot above the adjacent grade, the property raked clean, and all debris hauled away. Razing permits shall lapse and be void unless the work authorized thereby is commenced within six months from the date thereof or completed within 30 days from the date of commencement of said work. Any unfinished portion of work remaining beyond the required 30 days must have special approval from the City of Nekoosa's Public Works Director.
(2) 
All debris must be hauled away at the end of each day for the work that was done on that day. No building material shall be used for backfill, but shall be hauled away. The foundation walls, basement walls, foundation floor, or basement floor shall be removed. There shall be nothing of the building, including the foundation and basement, used for backfill. There shall not be any burning of materials on the site of the razed building. If any razing or removal operation under this section results in, or would likely result in, an excessive amount of dust particles in the air creating a nuisance in the vicinity thereof, the permittee shall take all necessary steps, by use of water spraying or other appropriate means, to eliminate such a nuisance. The permittee shall take all necessary steps, prior to the razing of a building, through the employment of a qualified person in the field of pest control or by other appropriate means, to treat the building as to prevent the spread and migration of rodents and insects therefrom during and after the razing operations.
(1) 
General requirements.
(a) 
No person shall move any building or structure upon any of the public ways 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.
(b) 
A report shall be made by municipal employees with regard to possible damage to trees. The estimated cost of trimming, removal and replacement of public trees, as determined by the municipality, shall be paid to the Building Inspector prior to issuance of the moving permit.
(c) 
Issuance of a moving permit shall further be conditioned on approval of the moving route by the municipality.
(2) 
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.
(3) 
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 municipality, the municipality 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 same.
(4) 
Conformance with code. No permit shall be issued to move a building within or into the municipality and to establish it upon a location within the said municipality 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. In the event a building is to be moved from the municipality 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.
(5) 
Bond.
(a) 
Before a permit is issued to move any building over any public way in the municipality, the party applying therefor shall give a bond to the municipality in a sum to be fixed by the municipality 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 municipality or designated agent conditioned upon, among other things, the indemnification to the municipality 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 municipality in connection therewith, arising out of the removal of the building for which the permit is issued.
(b) 
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 are 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 above 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.
(6) 
Insurance. The municipality shall require, in addition to said bond above indicated, public liability insurance covering injury to one person in the sum of not less than $100,000 and for one accident in a sum not less than $200,000, together with property damage insurance in a sum not less than $50,000, or such other coverage as deemed necessary.
First-floor subflooring shall be completed within 60 days after the basement is excavated.
(1) 
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.
(2) 
Nuisance. The discharge into a sanitary sewer from any roof drain, surface drain, subsoil drain, drain from any mechanical device, gutter, ditch, pipe, conduit, sump pump or any other object or thing used for the purposes of collecting, conducting, transporting, diverting, draining or discharging clear water from any part of any private premises is hereby declared to be a public nuisance and a hazard to the health, safety and well-being of the residents of the City of Nekoosa and to the protection of property.
(3) 
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 into the ground surface in such other manner as will not constitute a nuisance as defined herein.
(4) 
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.
(5) 
Storm sewer lateral. Where municipal storm sewers are provided and it is deemed necessary by the property owner and/or the City of Nekoosa 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.
(6) 
Conducting tests. If the Building Inspector or his designated agent suspects an illegal clear water discharge, as defined by this code 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 all 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.
(7) 
Compliance and penalty. Any person determined to be in violation of any provision of this section shall be given a written notice stating the nature of such violation and providing a reasonable time limit for the satisfactory correction thereof. Any person who shall continue any violation beyond the foregoing time limits shall, upon conviction thereof, be subject to the penalties of § 25.04 of the Code of the City of Nekoosa.
(1) 
Structures. The following structures shall be equipped with a Knox-Box® rapid entry key lock box at an accessible location near the main entrance of the structure or at such location approved by the Fire Chief:
(a) 
All new commercial and industrial buildings and all new multifamily residential structures, including senior citizen apartments/condo complexes that have restricted access through locked doors and have a common corridor for access to the living units.
(b) 
All commercial and industrial buildings and all multifamily residential structures, including senior citizen apartments/condo complexes that have restricted access through locked doors and have a common corridor for access to other units, in which there is a change of ownership of the property subsequent to the effective date of this chapter.
(c) 
Exception. Any building or structure having on-site twenty-four-hour security personnel may be exempt from the requirements of this section at the discretion of the Fire Chief.
(2) 
New construction. All new construction subject to this section shall have the rapid entry key lock box installed and operational prior to the issuance of an occupancy permit.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
(3) 
Other structures. All other structures in existence on the effective date of this section and subject to this section shall have three months from the recording date on the instrument of conveyance or the date of actual occupancy, whichever occurs first, to have the rapid entry key lock box installed and operational.
(4) 
Authorization. The Fire Chief shall be authorized to implement rules and regulations for the use of the rapid entry key lock box system.
(5) 
Owners/operators. The owner or operator of a structure required to have a rapid entry key lock box shall, at all times, keep keys for the following:
(a) 
The main entrance door. Mixed occupancies and strip shopping center keys shall be provided only for occupancies where system control valves or fire alarm system panels exist.
(b) 
Alarm room (if one exists).
(c) 
Mechanical rooms and sprinkler control rooms.
(d) 
Fire alarm control panel.
(e) 
Electrical rooms.
(f) 
Special keys to reset pull stations or other fire-protection devices.
(g) 
Elevator keys, if required (four stories or more).
(h) 
All other rooms as specified during the plan review process. These keys are to be marked and identified in a manner approved by the Fire Chief.
Each unit of a duplex shall have separate water and sewer services.
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 City Attorney, who shall bring an action to enjoin the erection, enlargement, alteration, repair or moving of such building or structure or the establishment of such use or to cause such building, structure or use to be removed. Any person who shall violate any provision of this chapter shall be subject to penalty as provided in § 25.04 of the Code of the City of Nekoosa. 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 constitute a defense. Compliance with the provisions of this chapter may also be enforced by injunctive order at the suit of the owner or owners of any real estate within the jurisdiction of this chapter.
[Added 12-12-2017 by Ord. No. 592]
(1) 
Purpose. The purpose of this section is to regulate the removal of salvageable materials from vacated buildings, not otherwise occurring as part of an approved demolition plan or for the purposes of remodeling, for any purpose other than personal reuse by the owner or personal reuse or required removal by a tenant of the property from which it was removed, without immediate functional replacement thereof.
(2) 
Authorities. The City of Nekoosa Director of Public Works shall enforce this section.
(3) 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CODE OFFICIAL(S)
The Director of Public Works.
ISSUING BODY
Refers to the City of Nekoosa Common Council.
OPERATOR
Any person, corporation or other business entity or holder of a security interest that undertakes the removal of salvageable material from a vacated building within the jurisdictional limits of the City of Nekoosa, or which directs or allows such removal.
OWNER
The title holder(s) to real property on which stands any vacated building or structure from which any salvageable material is removed.
SALVAGE
To remove salvageable material from a vacated building or structure for other than personal reuse by the owner of the real estate from which it was removed, without immediate functional replacement thereof. The phrase "immediate functional replacement thereof" includes without limitation functional replacement that occurs as a part of a remodeling process over time pursuant to a valid and subsisting building permit.
(a) 
Real or tangible personal property that:
1. 
Was man-made;
2. 
Was affixed to real property or any improvement to real property;
3. 
Is detachable from real property or any improvement to real property;
4. 
Has been removed for potential or intended reuse, repurposing or scrap.
(b) 
Such materials shall include any such materials of any resale value that were detached from real property or any improvement to real property without a permit after the effective date of this section.
TENANT
A person or entity, entitled by written agreement, to occupy the building or structure, or portion of the building of structure, from which any salvageable material is removed.
VACATED BUILDING
A building or structure, or portion of a building or structure of over 200 square feet, that had a principal nonresidential use as its most recent use allowed by law, which principal use has ceased. The cessation of the primary activities constituting the principal use shall be determinative of whether the principal use had ceased. The presence of personnel in the building or structure is not determinative of whether the use has ceased.
(4) 
Recycling.
(a) 
The permit holder shall cause to be salvaged, reused or recycled all of the following material/items removed and debris produced on site as part of the salvaging permit activities:
1. 
Wood that has not been rendered nonrecyclable or nonreusable by the application or attachment of paint, stains, varnish or other liquids or solids;
2. 
Nontoxic metals; and
3. 
Non-asbestos-containing shingles.
(b) 
The City of Nekoosa maintains the right to suspend requirements of this section if the market for the above materials changes, making compliance unattainable, or if the condition of the material(s) and/or proximity to recycling/reuse facilities makes compliance impracticable, as determined by the Director of Public Works.
(5) 
Partial exemption. A partial exemption is allowed under this section for items and materials removed for the sole purpose of historical or cultural preservation. A request for exemption shall be filed with the Director of Public Works on forms created by the Director of Public Works official and provided by the City of Nekoosa. The request for exemption shall include documentation of historical or cultural significance acceptable to the Director of Public Works, which may include a written request for preservation by an historic society or equivalent.
(6) 
Permit. No person, corporation or other business entity or holder of a security interest may remove, direct the removal of, or allow to be removed any salvageable material from a vacated building unless such removal is performed pursuant to a permit granted by the City of Nekoosa Common Council and issued to the applicant pursuant to this section. The owner and permit holder shall be jointly responsible for complying with any permit issued pursuant to this section.
(7) 
Permit application.
(a) 
The applicant may be the owner of the real estate, or a contractor hired by the owner. Under all circumstances, the applicant, if other than the owner, and the owner, shall be jointly and severally responsible for compliance with the terms of this section.
(b) 
Application for a permit, whether initial or renewal, shall be filed with the Director of Public Works on forms created by the City of Nekoosa and provided by the Director of Public Works and provided by the City of Nekoosa. The application for a permit shall at a minimum comply with § 12.01 of the Code of General Ordinances for the City of Nekoosa. The Director of Public Works and/or Common Council may require, and the applicant shall provide, additional information of a specific applicant prior to consideration of and action on a permit.
(c) 
A permit fee must accompany the application. An application fee of $150 shall be paid to the City of Nekoosa by the applicant when the one-time permit application is filed.
(d) 
An asbestos-containing-material (ACM) inspection must be completed by a certified asbestos inspector separate from and prior to work under the salvage permit. All asbestos-containing materials which require removal prior to salvaging will be removed from the building by a certified asbestos abatement contractor separate from and prior to the start of the work under a salvage permit. A "Notice of Demolition" DNR Form No. 4500-113 must be completed for all commercial buildings or residential buildings of five or more dwelling units if asbestos is being removed prior to salvage. Proof of DNR approval must be submitted prior to issuance of a salvage permit.
(8) 
Permit grant. The City of Nekoosa Common Council shall consider the permit application, but only after receiving the recommendation of the Director of Public Works, which recommendation may not be unreasonably withheld. Prior to making its recommendation to grant or deny the application, the City of Nekoosa Common Council shall consider: the application; the report, if any, of the Director of Public Works; the expertise of the applicant; the effect of the proposed operation on the surrounding neighborhood; the effect on the City of Nekoosa of having a stripped structure remain if the structure is not proposed to be immediately razed or immediately renovated; the presentation, if any, of the applicant; the comments of the public; and such other matters germane to the decision. In making a recommendation to grant, the City of Nekoosa Common Council shall address the following matters: the amount of the irrevocable letter of credit to be required by the permittee as a condition of issuance of the permit and as a requirement of operation; other state or local permits as required by law, rule, or regulation that must be obtained as a condition of issuance of the permit or as a condition of operation; reasonable special operating requirements to be required of the permittee in addition to those listed in Subsection (7), herein; and such other matters or limitations as the City of Nekoosa Common Council determines are necessary to protect the public interest. After the grant and after all conditions of issuance have been satisfied, the Director of Public Works shall issue the permit to the applicant, who may then be referred to herein as the "permitee" or "permit holder."
(9) 
Irrevocable standby letter of credit.
(a) 
As a condition of issuance of the permit, the permit holder shall provide to the issuing body and maintain in effect an irrevocable standby letter of credit naming the City of Nekoosa as beneficiary, in an amount required by the issuing body and in a form approved by the City of Nekoosa Attorney. The City of Nekoosa Attorney shall also approve the form and content of the draw order and all necessary presentment required to compel payment by the issuer to the City of Nekoosa of all funds subject to the irrevocable standby letter of credit.
(b) 
The irrevocable standby letter of credit shall be the guarantee of performance by the permit holder. The irrevocable standby letter of credit must be issued by a financial institution certified by the state to conduct such business within the state of Wisconsin, allowing for direct draw by the City of Nekoosa upon presentment to the issuing bank without court action and without approval by the permit holder, to complete work or to repair damage that was the obligation of the permit holder. The irrevocable standby letter of credit must contain as part of its provisions that it will be maintained constantly in force as an obligation to the City of Nekoosa for no less than one year after project completion as reasonably determined by the issuing body or one year after the expiration of a permit issued under this section to the permit holder, whichever is later.
(c) 
In considering the required amount of the irrevocable standby letter of credit, the issuing body shall consider: the expertise of the applicant; the longevity of the applicant; the capitalization of the applicant; the scope of the proposed project; the cost of rectifying the possible environmental hazards that could be created; the effect of the proposed operation on the surrounding neighborhood; and the cost of remediation of the City of Nekoosa should the City of Nekoosa have to address any matter due to the unwillingness or inability of the permit holder to fulfill its obligations. The issuing body may annually, upon documented request of the permit holder, review the pertinent facts and decide to reduce the amount of the required letter of credit in accordance with work completed or threats mitigated. In the extraordinary circumstances that the issuing body determines that the requirements to obtain an irrevocable standby letter of credit are unreasonable, the issuing body may, in the exercise of its discretion, authorize one or more alternate forms of security in lieu of an irrevocable standby letter of credit.
(10) 
Permit term and assignment. A permit issued to the applicant as permit holder is limited to the term granted.
(a) 
Initial term. The initial term of any permit issued under this section shall be 180 days from the date of issue.
(b) 
Renewal term. There is no right or expectation of permit renewal. The permit may be renewed at the discretion of the City of Nekoosa Common Council upon application of a permit holder, filed with the City of Nekoosa Director of Public Works prior to expiration of the initial term or any renewal terms. Each renewal may be granted for up to a maximum of 90 days.
(c) 
Assignment. No permit issued pursuant to this section is assignable or transferable without the advance written permission of the City of Nekoosa Common Council, which shall not be granted unless the permit holder and prospective assignee demonstrate to the satisfaction of the City of Nekoosa Common Council that the assignee is capable of completing the project and all required forms of insurance and financial assurance are made effective prior to this assignment.
(11) 
General operating requirements. The following general operating requirements shall apply to the permit holder and those working for the permit holder subject to terms of the permit in accordance with the provisions of this section:
(a) 
The permit issued pursuant to this section shall be plainly displayed on the premises upon which the building is located.
(b) 
The building and premises shall, at all times, be maintained in as clean, neat and sanitary of a condition as such premises will reasonably permit, in the sole opinion of Director of Public Works.
(c) 
No garbage, refuse or other waste likely or susceptible to give off a foul odor or attract vermin shall be kept on the premises, except for domestic garbage kept in rodent-proof covered containers which are removed from the premises as often as necessary to provide a sanitary, odor-free and vermin-free environment.
(d) 
Work done under this permit shall be performed in accordance with the permit and is subject to inspection by the Code Official and other inspectors as provided in this section. Any violation of the permit shall be deemed a violation of this section.
(e) 
As a condition of the permit, a permit holder shall maintain insurance policies during the life of the permit in the following minimum amounts, which policies shall name the City of Nekoosa as additional insured and provide coverage for work performed on the property or associated with the work under the permit, and shall provide certificates issued by the carriers as proof of all required coverages:
1. 
Commercial general liability:
i. 
General aggregate: $1,000,000;
ii. 
Each occurrence: $1,000,000.
2. 
Automobile liability (owned, nonowned, leased):
i. 
Bodily injury, each occurrence: $1,000,000.
ii. 
Property damage, each occurrence: $1,000,000.
3. 
Pollution legal liability: $5,000,000 each loss where risk is presented of exacerbation of existing environmental pollution or discharge of any hazardous waste to the environment or asbestos removal, abatement, remediation, or dumping/disposal in a federal or state regulated facility is required; the City of Nekoosa may require a greater or lesser minimum amount down to and including $0 of pollution legal liability insurance policy, depending on the circumstances of the project that is the subject of the permit.
4. 
Workers' compensation: statutory limits.
5. 
Umbrella liability: $2,000,000 over the primary insurance coverages listed above.
(f) 
The permit holder shall also ensure that subcontractors have appropriate insurance as determined by the issuing body. This may include coverage under the permit holder's policy, individual coverage, or a combination thereof. The issuing body may also require subcontractors to obtain separate permits pursuant to this section based on the type of proposed activities or extent or complexity of the salvaging activities proposed.
(g) 
No scrap, salvage or debris which is temporarily stored on the premises shall be allowed to rest or protrude over any public rights-of-way or public property, or become scattered about or blown off the premises.
(h) 
No mechanized process whatsoever shall be utilized on premises to reduce the volume of salvageable material or debris after such salvageable material has been detached from the real property, unless a special exception is provided by the issuing body in conjunction with a specific permit. Such prohibited mechanized processes include, but are not limited to, crushing and shredding.
(i) 
There shall be strict compliance with all Code provisions related to noise control.
(j) 
There shall be strict compliance with all Code provisions related to dust and erosion control.
(k) 
No premises or building subject to a permit shall be allowed to become a public nuisance or be operated in such a manner as to adversely affect the public safety, health, or welfare.
(l) 
There shall be full compliance with the City of Nekoosa Building, Fire and Health Codes and with all other City of Nekoosa, County, state and federal laws, rules or regulations which may be applicable.
(m) 
The permit holder shall, during the salvage process, maintain the work site in a safe and secure condition.
(n) 
The permit holder shall keep a log of all shipments to and from the work site during the project, including the date, time, transport company, vehicle license number, and description of type and amount of material transported.
(o) 
The permit holder must provide to the Code Official, and must maintain current, a list of contractors doing work that is subject to a permit issued pursuant to this section, which list of contractors shall include proof of valid and subsisting policies of insurance in satisfaction of the general operating requirements specified herein. As used herein, the phrase "maintain current" means that the list filed with the City of Nekoosa is updated by the permit holder as necessary to comply with this section prior to each contractor commencing work pursuant to the permit.
(p) 
The permit holder shall promptly notify the Code Official of the identity, function and insurance coverage of any new contractor, subcontractor or other person or entity not specifically identified in the permit that is conducting operations at the property related to removal of salvageable material.
(q) 
The permit holder shall identify, handle, manage, store, and dispose of all wastes, lead, asbestos, waste oils, hazardous materials and hazardous substances as provided in the approved permit plan and as otherwise directed by the City of Nekoosa should changed conditions require additional work or precautions to protect the public safety, health or welfare or comply with any other applicable ordinance, law or regulation.
(r) 
The permit holder shall dispose of building debris in a licensed landfill, except for salvaged and recycled materials.
(s) 
At any time, the permit holder shall produce to the Code Official documentation that disposition of materials occurred in compliance with the approved permit and disposition plans.
(t) 
The permit holder shall be responsible for disconnections of utilities, including plumbing and electrical, necessary for safe conduct of the salvaging process, and shall provide evidence that the necessary disconnections have been accomplished.
(u) 
The permit holder shall restore the site and/or vacated building to the conditions set forth in the approved permit.
(v) 
The permit holder shall comply with all orders the issuing body imposed upon granting of the permit or at any other time.
(w) 
The irrevocable standby letter of credit imposed as a condition of issuance of the permit shall be maintained in full force and effect at all times until one year following the issuing body's finding of project completion.
(12) 
Inspections.
(a) 
Permit holders and property owners shall permit authorized inspection by representatives of any Department of the City of Nekoosa and authorized representatives of the State of Wisconsin having enforcement powers to inspect the premises subject to the permit, with or without advanced notice, as often as may be required to allow said representatives to perform their duties and assure compliance with this section as well as state and federal laws, without first obtaining a special inspection warrant. Inspections shall be made during normal hours of business operation except when the presence of emergency circumstances requires prompt action to protect the public health, safety and welfare or to preserve evidence of noncompliance with this section or state or federal laws.
(b) 
Inspection may include inspection of the entire property subject to the permit, including buildings, structures, basements, subbasements, vaults, and other areas of the property.
(c) 
The unreasonable failure to allow inspections shall be grounds for denial, suspension or revocation of the permit.
(d) 
Inspections may include, but are not limited to: taking wipe samples; waste, structural or product sampling; sampling of pits; the logging, gauging and sampling of existing wells; videotaping; preparing site sketches; taking photographs; and testing or sampling the groundwater, soil, surface water, sediments, air, soil vapor or other material.
(13) 
Summary suspension. If in the sole opinion of the Building Official and/or her/his designee(s), any member of the public is or might be subject to imminent danger due to action(s), failure(s), refusal(s), default(s), and/or violation(s) by the permittee of any one or combination of more than one of the general operating requirements and/or any other provision and/or requirements set forth in this section and/or elsewhere, the Building Official and/or her/his designee(s) shall issue an order to the permittee requiring immediate cessation of those operations implicating the imminent danger to person or property. Pursuant to such order, the permittee shall forthwith cause such operation(s), action(s), failure(s), refusal(s), default(s), and/or violation(s) to cease in the manner as directed in the order. Failure to maintain insurance as required, failure to maintain the irrevocable letter of credit as required, or to permit inspection as required are each separate and distinct per se violations implicating imminent danger to the public necessitating an order to cease all operations and/or for the permittee to take one or more other corrective actions. In the event that an order to the permittee requiring immediate cessation and/or other action is issued by the Building Official, et al., such order shall be considered by the City of Nekoosa Common Council no later than at its next regular meeting. The City of Nekoosa Common Council, after hearing from the Building Official, the permittee, other persons, and the public, shall affirm the order, reverse the order, or modify the order. The decision of the City of Nekoosa Common Council may be appealed to the City of Nekoosa Common Council by either the Building Official or the permittee.
(14) 
Nonrenewal or revocation. Disciplinary hearings, including nonrenewal, suspension, revocation, modification, and/or other relief/remedy hearings, shall be held before the City of Nekoosa Common Council. The City of Nekoosa Common Council shall determine whether the arguments shall be presented orally or in writing, or both. If the City of Nekoosa Common Council, after considering the Building Official's report and any arguments presented by the Building Official and permittee, finds the complaint to be true, or if there is no objection to a report recommending a suspension, revocation, nonrenewal, modification, and/or other relief/remedy, the permit shall be suspended, revoked, not renewed, modified, and/or other relief and/or remedy as provided by the City of Nekoosa Common Council. If the City of Nekoosa Common Council finds the complaint untrue, the proceedings shall be dismissed without cost to the accused or the City of Nekoosa. The decision of the City of Nekoosa Common Council may be appealed by either the Building Official or the permittee. The Building Official shall give notice of each suspension, revocation, nonrenewal, modification, and/or other relief/remedy to the party whose permit is affected.
(15) 
Violations and liability.
(a) 
It shall be a violation of this section to perform, conduct, direct or allow removal of salvageable material except in conformance with a valid permit issued pursuant to this section.
(b) 
It shall be a violation of this section to disobey or act contrary to any order issued pursuant to this section.
(c) 
The owner and permit holder shall be jointly and severally liable for any violation of this section and any violation of any condition of permit pursuant to this section, whether caused by act or omission, including applicable fines and penalties together with the City of Nekoosa's costs of enforcement, including attorneys' fees.
(d) 
Any operator involved in the violation of this section shall be found to have committed a separate violation for which it shall be fully liable, including applicable fines and penalties together with the City of Nekoosa's costs of enforcement, including attorneys' fees.
(16) 
Enforcement, fines and penalties.
(a) 
Failure to obtain a permit prior to commencement of work will result in a penalty of $100 or double the permit fee, whichever is greater, but in no event shall the penalty exceed $2,000. Such penalty shall be paid in addition to the customary permit fee.
(b) 
A reinspection fee of $100 shall be charged by the City of Nekoosa against and paid by the property owner if the violation is not corrected by the reinspection date. One hundred dollars will be charged for each subsequent reinspection until full compliance is achieved. Reinspection fees that are not timely paid shall be entered upon the tax roll as a special charge against the lot or parcel of land, pursuant to the provisions of § 66.0627, Wis. Stats., as from time to time amended or renumbered.
(c) 
Additional penalties, remedies, and relief for violations hereof are as set forth in Chapter 25 of Nekoosa ordinances, as from time to time amended or renumbered.
(d) 
All double and other permit fees, reinspection fees, relief, remedies, penalties, and enforcement set forth in this section and/or at law or equity are cumulative and not exclusive.
(17) 
Reporting.
(a) 
Permit holders shall provide reports to the Director of Public Works in accordance with the reporting requirements specified in the permit as approved by the City of Nekoosa Common Council. These reports shall include the following:
1. 
A salvageable materials report that identifies the type, quantity and disposition of salvageable materials removed from the property during the reporting period and supporting documentation.
2. 
A hazardous wastes/materials report that identifies the type, quantity and disposition of hazardous wastes/materials removed from the site during the reporting period. This report should be accompanied by supporting documentation of disposal, names and contact information of haulers, and copies of any applicable permits/exemptions.
3. 
A waste report that identifies the type, quantity, and disposition of waste materials removed from the site during the reporting period and supporting documentation.
4. 
Any instances of environmental monitoring performed during the reporting period and the results of same.
(b) 
These reports shall also include:
1. 
Supporting documentation of removal and disposition of materials which shall include weigh tickets, bills of lading, sales receipts, chain of custody logs or equivalent documentation.
2. 
A statement by the permit holder that documentation supporting compliance with this section will be maintained for two years from submission of the reports.
3. 
A statement from the permit holder that the information in the reports is truthful and accurate.