[HISTORY: Adopted by the Village Board of the Village of
Clayton 6-4-2012 by Ord. No. 2012-03. Amendments noted where applicable.]
This chapter shall be known as the "Building Code of the Village
of Clayton."
This code provides certain minimum standards, provisions and
requirements for safe and stable design, methods of construction and
uses of materials in buildings 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 building and/or structures. Its purpose is to protect and foster
the health, safety and well being of persons occupying or using such
building and the general public.
New buildings hereafter erected in, or any building hereafter
moved within or into, the Village 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,
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 code supplement the laws of the state pertaining to construction
and use and Chapter 510, Zoning, and amendments thereto to the date
this chapter was adopted and in no way supersede or nullify such laws
and the Zoning Chapter.
A.
The following Wisconsin Administrative Codes and subsequent revisions
are adopted for municipal enforcement:
(1)
Chapter SPS 314, Fire Prevention.
(2)
Chapter SPS 316, Electrical.
(3)
Chapter SPS 320-325, Uniform Dwelling Code.
(4)
Chapter SPS 326, Manufactured Home Communities.
(5)
Chapter SPS 328, Smoke Detectors.
(6)
Chapter SPS 361-366, Commercial Building and Heating, Ventilating
and Air Conditioning Code.
(7)
Chapter SPS 367, Rental Unit Energy Efficiency.
(8)
Chapter SPS 375-379, Buildings Constructed Prior to 1914.
(9)
Chapter SPS 381-387, Plumbing.
B.
Applicable provisions of Chapter 101 and Chapter 145 Wisconsin Statutes.
C.
IRC 2009 Edition Property Maintenance Code.
D.
Any act required to be performed or prohibited by a Wisconsin Administrative
Code provision, Wisconsin Statutes or other codes incorporated herein
by reference is required or prohibited by this chapter. Any future
amendments, revisions or modifications of said provisions incorporated
herein are intended to be made part of this chapter.
Notwithstanding the provisions of Ch. SPS 320, Wis. Adm. Code,
the scope of the Wisconsin Uniform Dwelling Code is revised to include
for the purposes of this chapter:
A.
Additions, alterations and major equipment replacements for one-family
and two-family dwellings built prior to June 1, 1980. Because such
projects are not under state jurisdiction, the Board of Appeals shall
decide petitions for variance and final appeals. Petitions for variance
shall be decided per § SPS 320.19 Wis. Adm. Code, so that
equivalency is maintained to the intent of the rule being petitioned.
As the Board of Appeals approves petitions for variance, the Building
Inspector is granted the power to apply the result to similar circumstances
by precedent.
B.
Detached garages serving one-family and two-family dwellings and
any heating, electrical or plumbing systems therein shall comply with
the Uniform Dwelling Code. Petitions for variance and appeals shall
be handled as in the previous subsection.
C.
Residential sheds of over 120 square feet in area.
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
(SPS).
Repair performed for maintenance, replacement or other nonstructural
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:
A.
Position and qualifications. There is hereby created the position
of Building Inspector, who shall administer and enforce this chapter
and shall be certified by the State of Wisconsin under Wisconsin Administrative
Code Chapter SPS 305 as a Commercial Building Inspector and as a Uniform
Dwelling Code Inspector.
B.
Appointment. The Building Inspector shall be designated by appointment
of the Village President and confirmation of the Village Board.
C.
General duties. The Building Inspector shall enforce the provisions
of this chapter and of all other ordinances and the laws and orders
of the state which relate to building construction and related installations.
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/her agent while in performance
of his/her duties.
E.
Delegated authority of municipality. The Building Inspector shall
also provide all plan reviews and inspections of commercial building
projects as the Village may be delegated by the Department of Safety
and Professional Services pursuant to § SPS 361.60(5)(c),
Wis. Adm. Code, as amended from time to time, and as authorized pursuant
§ 101.12(3)(g), Wis. Stats., as amended from time to time.
F.
Records. The Building Inspector shall keep a record of all applications
for building permits in a book and regularly number each permit in
the order of issuance. He shall keep a record showing the number,
description and size of all buildings erected during his term of office,
indicating the kind of materials used, the cost of each building and
the aggregate cost of all buildings of the various classes. He shall
keep a record of all inspection made and of all removal and condemnation
of buildings. He shall make a report to the Board upon request.
G.
Appeals. Any person feeling himself aggrieved by any order or ruling
of the Building Inspector may, within 30 days thereafter, appeal from
such order or ruling to the Board of Appeals, such appeal to be in
writing.
A.
Permit required. 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 or used within the Village, except as herein
provided, until a permit therefore shall first have been obtained
by the owner, or his authorized agent, from the Building Inspector.
B.
Application. Application for a building permit shall be made in writing
upon a form furnished by the Building Inspector which may be obtained
at the office of the Village Clerk-Treasurer and shall state the name
and address of the owner of the land and also the owner of the building
if different, the legal description of the land upon which the building
is to be located, the name and address of the designer, the use to
which said building is to be put, and such other information as the
Building Inspector may require.
C.
Utilities required. No building permit shall be issued for the construction
of any building until sewer is installed and grading and graveling
of the street necessary to service the property for which the permit
is required is completed.
D.
Plans. With each application there shall be submitted three complete
sets of plans and specifications, including a plot plan showing the
location of the proposed building with respect to adjoining roads,
highways, streets, alleys, lot lines and buildings. Plans for public,
commercial and industrial buildings involving the State Building Code
shall bear the stamp of approval of the State Department of Safety
and Professional Services, if necessary. 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, as amended from time
to time.
E.
F.
Approval of plans. 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, 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 submittal and approval of revised
plans. In case adequate plans are presented for part of the building
only, the Building Inspector, at its discretion, may issue a permit
before receiving the plans and specifications for the entire building.
The finished grade adjacent to all new construction shall be at least
one foot above the finished or proposed grade of the center line of
the adjacent street.
G.
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, provided the
cost of the work does not exceed $5,000.
H.
Grant or denial of permit. After the receipt of an application and
plans required by this section, the Building Inspector shall grant
or deny the application within 10 business days.
I.
Inspection of work. The permittee or an authorized representative
shall, in writing or orally, request inspections by the Building Inspector
at appropriate times required for the enforcement of this code. The
Inspector shall perform the requested inspection within 48 hours after
notification, except the final inspection. Construction may not proceed
beyond the point of inspection until the inspection has been completed,
except if inspection has not taken place with 48 hours of notification,
excluding Saturdays, Sundays and holidays, unless otherwise agreed
upon between the permittee and the Inspector.
J.
Permit lapses. A building permit shall lapse and be void unless building
operations are commenced within 12 months, or no significant progress
has been made within two construction seasons, from the date of issuance
thereof. In any event, all permits shall lapse two years from the
date of issuance.
K.
Revocation. If the Building, Plumbing or Electrical 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 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, Electrical or Plumbing 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.
L.
Report of violations. The police or other Village employees shall
report at once to the Building Inspector any construction which is
being carried on without a permit as required by this chapter.
All permit and administrative fees assessed under this chapter
shall be established from time to time by resolution of the Village
Board. A schedule of fees is available in the office of the Village
Clerk-Treasurer.
Whenever the Building Inspector finds any building or part thereof
within the Village to be, in his judgment, so old, dilapidated or
so out of repair as to be dangerous, unsafe, unsanitary or otherwise
unfit for human habitation, occupancy or use, and so that it would
be unreasonable to repair the same, he shall order the owner to raze
and remove it at the owner's expense. Such order and proceedings
shall be carried out in the manner prescribed for the razing of buildings
in § 66.0413, Wis. Stats., as amended from time to time.
Where the public safety requires immediate action, the Building Inspector
shall secure an administrative warrant to enter the premises with
such assistance as may be necessary and shall cause the building or
structure to be made safe or to be removed, and the expenses of such
work may be recovered by the Village in an action against the owner
or tenant.
A.
Building defined. A building shall be defined as a combination of
materials forming a structure, including any portion thereof, that
is safe and stable and adapted to the permanent or continuous occupancy
for assembly, business, education, high hazard, industrial, institutional,
mercantile, residential or storage purposes, and which is subject
to the requirement for a building permit in order to be erected elsewhere
in this Code.
B.
Permit requirement.
(1)
General. No building, as defined herein, shall be razed, demolished,
removed or wrecked without a razing permit from the Village. The permit
shall be issued by the Building Inspector upon satisfactory compliance
with all of the requirements and subject to the conditions provided
in this section. Razing permits shall lapse and be void unless the
work authorized thereby is commenced within six months from the date
the permit is issued and completed within 30 days from the date of
commencement of said work. The Village may, on good cause shown, grant
extensions to the specified time requirements.
(2)
Application. 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 date of
application and, if different, on 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 Chapter NR 661, Wis. Adm. Code, as amended from time
to time) contained in the building, a statement as to whether the
building contains asbestos (as provided under Ch. NR 447 and Ch. DHS
159, Wis. Adm. Code, as amended from time to time), 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 (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 copy of a soil erosion control plan which shall include, but
not be limited to, 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.
(3)
Along
with the application for permit for demolition, the applicant shall
present a release from all utilities serving the property, stating
that their respective service connections and appurtenant equipment
such as meters and regulators have been removed or sealed and plugged
in a safe manner.
C.
Sanitary sewer and water main laterals. Prior to the razing or removal
of a building, the permittee shall determine, with the assistance
of the Public Works Department, if there are existing sanitary sewer
or water main laterals on or serving the property along any public
right-of-way or easement. If such lateral or laterals serve the property,
the permittee shall notify the Director of Public Works or the Village
Engineer at least 48 hours in advance of the commencement of any razing
or removal operations and shall permit Village personnel entry on
the property to perform or to supervise the abandonment of the lateral
or laterals. The permittee shall be responsible to disconnect any
sanitary lateral at the property line and affix a watertight plug
under the supervision of the Director of Public Works or Village Engineer
to insure that it is performed to the Village's satisfaction
and standards. The permittee shall likewise be responsible to disconnect
any water lateral from the main or shut off and secure the main under
the supervision of the Director of Public Works or Village Engineer
to insure that it is performed to the Village's satisfaction
and standards. The permittee shall backfill the excavation under the
supervision and to the satisfaction of the Director of Public Works
or the Village Engineer to insure that no damage is caused to any
sanitary sewer or water main by the backfill operation. The owner
of the property shall assume all responsibility for all costs and
expenses associated with abandonment of the laterals, as well as for
any damage to persons or property due to the abandonment of the lateral
or laterals.
D.
Pest controls. Prior to the razing or removal of a building, the
permittee shall take all necessary steps to treat the building so
as to prevent the spread and migration of rodents and insects therefrom
during and after the razing and removal of the building.
E.
Required barricades. A snow fence or other approved barricade shall
be erected by the permittee as soon as any portion of the building
is removed and shall remain during razing operations.
F.
Airborne contaminant control. If the razing or removal operation
results in, or is likely to result in, an excessive amount of dust
particles being released into the air, thereby creating a nuisance
in the vicinity, the permittee shall take necessary steps to eliminate
such a nuisance.
G.
Foundation requirements.
(1)
Clearing and leveling the site.
(a)
When any such building is razed or removed, all subsurface structures,
improvements and portions thereof, including but not limited to foundations,
footings, water and sewage pipes, all buried utilities to the property
boundary, etc., shall be removed, except to the extent that the same
are to be used for the construction of a new building or other structure
thereon, after certification of the Building Inspector that the same
are safe for such use. 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 same 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.
(b)
Excavations from demolished buildings or structures shall be
filled only with engineer approved fill materials. 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.
(c)
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 filling of the excavation commences.
(2)
Foundation. After all razing operations are completed, the foundation
shall be filled at least one foot above the adjacent grade, the property
shall be raked clean and all debris shall be hauled away.
H.
Debris removal. All debris, including combustible materials, shall
be removed at the end of each workday. Combustible materials shall
not be used for backfill. Burning of any materials at the site is
prohibited. Debris shall be removed to a state licensed landfill or
such other suitable site approved by the Building Inspector at the
time the permit is issued.
I.
Insurance. The Building Inspector shall require public liability
insurance covering injury to one person in the sum of not less than
$500,000 and for one accident in a sum 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 in the discretion of the Building
Inspector, including, but not limited to, errors and omissions.
J.
Penalties. Any person who razes, demolishes, removes or wrecks any
existing building without a permit from the Village shall forfeit
not more than $500 per day. Each day the violation continues shall
be considered to be a separate violation. Any person who violates
any other provision of this section shall be subject to a forfeiture
of not more than $50 per day. Each day the violation continues shall
be considered to be a separate day.
This chapter shall not be considered as assuming any liability
on the part of the Village or any official or employee thereof for
damages to anyone injured or for any property destroyed by any defect
in any building or equipment, or in any plumbing or electric wiring
or equipment.
A.
Basement subflooring. First floor subflooring shall be completed
within 60 days after the basement is excavated.
B.
Fencing of excavations. The owner of any premises on which there
exists an opening or excavation which is located in close proximity
to a public sidewalk or street right-of-way as to constitute a hazard
to pedestrian or vehicular traffic shall erect a fence, wall or railing
at least four feet high between such opening or excavation and the
public right-of-way.
C.
Closing of abandoned excavations. Any excavation for building purposes
or any uncovered foundation which shall remain open for more than
three months shall be deemed abandoned and a nuisance and the Building
Inspector shall order that unless the erection of the building or
structure on the excavation or foundation shall commence or continue
forthwith, suitable safeguards shall be provided to prevent accidental
injury to children or other frequenters or that the excavation or
foundation be filled to grade. Such order shall be served upon the
owner of record or the owner's agent, and upon the holder of
an encumbrance of record pursuant to the provisions of § 66.0413,
Wis. Stats., as amended from time to time. 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 § 66.0707, Wis. Stats.
A.
Discharge. No person shall cause, allow or permit any roof drain,
surface drain, subsoil drain, drain from any mechanical device, gutter,
ditch, pipe, conduit, sump pump, or any other object or thing used
for the purposes of collecting, conducting, transporting, diverting,
draining or discharging clear water from any part of any private premises
owned or occupied by said person to discharge into a sanitary sewer.
B.
Nuisance. The discharge into a sanitary sewer from any roof drain,
surface drain, subsoil drain, drain from any mechanical device, gutter,
ditch, pipe, conduit, sump pump or any other object or thing used
for the purposes of collecting, conducting, transporting, diverting,
draining or discharging clear water from any part of any private premises
is hereby declared to be a public nuisance and a hazard to the health,
safety and well-being of the residents of the Village and to the protection
of the property.
C.
Groundwater. Where deemed necessary by the Building Inspector, every
house shall have a sump pump installed for the purpose of discharging
clear waters from foundation drains and ground infiltration, and where
the building is not serviced by a storm sewer shall either discharge
into an underground conduit leading to a drainage ditch, gutter or
dry well or shall discharge onto the ground surface in such other
manner as will not constitute a nuisance as defined herein.
D.
Stormwater. All roof drains, surface drains, from any mechanical
device, gutters, pipe, conduits or any other objects or things used
for the purpose of collecting, conducting, transporting, diverting,
draining or discharging stormwaters shall be discharged either to
a storm sewer, a dry well, an underground conduit leading to a drainage
ditch or onto the ground surface in such other manner as will not
constitute a nuisance as defined herein.
E.
Storm sewer lateral. Where municipal storm sewers are provided and
it is deemed necessary by the property owner and/or the Village to
discharge clear waters from a parcel of land, a storm sewer lateral
shall be installed and connected to the storm sewer main at the expense
of the owner.
F.
Conducting tests. If the Building Inspector or his designated agent
suspects an illegal clear water discharge as defined by this chapter
or by any other applicable provision of the Wisconsin Administrative
Code as it may, from time to time, be amended, he may, upon reasonable
notice and at reasonable times, enter the private premises where such
illegal clear water discharge is suspected and conduct appropriate
tests to determine whether such suspected illegal clear water discharge
actually exists.
Each unit of a duplex shall have separate water and sewer lateral
services as well as separate electric and natural gas service.
A.
General requirements.
(1)
No person shall move any building or structure upon any of the public
ways of the Village without first obtaining a permit therefore 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 a moving permit shall further be conditioned on approval
of the moving route by the Village Board.
B.
Continuous movement. The movement of buildings shall be a continuous
operation during all the hours of the day and at night, until such
movement is fully completed. All such operations shall be performed
with the least possible obstruction to thoroughfares. No building
shall be allowed to remain overnight upon any street crossing or intersection
or so near thereto as to prevent easy access to any fire hydrant or
any other public facility. Lights shall be kept in conspicuous places
at each end of the building during the night.
C.
Street repair. Every person receiving a permit to move a building
shall, within one day after said building reaches its destination,
report that fact to the Building Inspector, who shall 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 bond responsible for the payment of same.
D.
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 Building Code in all respects. A complete plan
of all further repairs, improvements and remodeling with reference
to such building shall be submitted to the Building Inspector, and
he shall make a finding of fact to the effect that all such repairs,
improvements and remodeling are in conformity with the requirements
of this Building Code and that, when the same are completed, the building
as such will so comply with said Building Code. In the event a building
is to be moved from the Village to some point outside the boundaries
thereof, the provisions with respect to the furnishing of plans and
specifications for proposed alterations to such building may be disregarded.
E.
Bond.
(1)
Before a permit is issued to move any building over any public way
in the Village, the party applying therefore shall give a bond to
the Village in a sum to be fixed by the Building Inspector and which
shall not be less than $5,000, said bond to be executed by a corporate
surety or two personal sureties to be approved by the Village Board
or designated agent conditioned upon, among other things, the indemnification
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)
At the discretion of the Building Inspector, the bond required by
Subsection E(1) may 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 any danger to the health and general safety of the public.
F.
Insurance. The Building Inspector shall require, in addition to the
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
in a sum 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 in the discretion of the Building Inspector, including,
but not limited to, errors and omissions.
A.
Any building or structure hereafter erected, enlarged, altered, repaired
or moved 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 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, and such violation may also be subject to a
penalty as provided in the general penalty provisions of the Village
Code.[1] Each day a violation continues may be deemed a separate
offense. 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 injunction order at the suit of the owner or owners of any real
estate within the jurisdiction of this chapter.
B.
Notice of violation.
(1)
If an inspection reveals a noncompliance with this chapter or the
Uniform Dwelling Code, the Building Inspector shall notify the applicant
and the owner, in writing, of the violation to be corrected. All cited
violations shall be corrected within 30 days after written notification
unless an extension of time is granted pursuant to § SPS
320.21, Wis. Adm. Code, as amended from time to time.
(2)
If, after written notification, a stop-work order may be served on
the owner or his or her representative and a copy thereof shall be
posted at the construction site, such stop-work order shall not be
removed except by written notice of the Building Inspector after satisfactory
evidence has been supplied that the cited violation has been corrected.
(3)
Each day each violation continues after the thirty-day written notice
period has run shall constitute a separate offense. Nothing in this
chapter shall preclude the Village from maintaining any appropriate
action to prevent or remove a violation of any provision of this chapter
or the Uniform Dwelling Code.
(4)
If any construction or work governed by the provisions of this chapter
or the Uniform Dwelling Code is commenced prior to the issuance of
a permit, double fees shall be charged.
C.
Any person feeling aggrieved by an order or a determination of the
Building Inspector may appeal from such order or determination to
the Board of Appeals. Those procedures customarily used to effectuate
an appeal to the Board of Appeals shall apply.
D.
The Village Attorney or other attorney hired by the Village or the
Village's insurance carrier shall defend any officer, agent or
employee of the Village in any lawsuit brought against said individuals
as a result of any action required to be performed or permitted to
be performed by said officer, agent or employee in the discharge of
his/her duties under this chapter. The Village shall indemnify any
officer, agent or employee of the Village who is required by a court
order or judgment to pay damages if said damages are determined by
said court to have resulted from actions by said officer, agent or
employee which are required or permitted under the Village Code in
the discharge of said individual's duties.
If any section, clause, provision or portion of this chapter,
or of the Wisconsin Administrative Code adopted by reference, is adjudged
unconstitutional or invalid by a court of competent jurisdiction,
the remaining provisions shall not be affected.
