[HISTORY: Adopted by the Common Council of the City of Arcadia 5-7-2008 by Ord. No.
126. Amendments noted where applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch. 166.
Historic preservation — See Ch. 230.
Housing standards — See Ch. 236.
Property maintenance — See Ch. 296.
Sewers — See Ch. 315.
Water — See Ch. 373.
Floodplain zoning — See Ch. 394.
Shoreland-wetland zoning — See Ch. 406.
Subdivision of land — See Ch. 410.
Zoning — See Ch. 425.
A.
Title. This chapter shall be known as the "Building Code Ordinance"
of the City of Arcadia and will be referred to in this chapter as
"Building Code."
B.
Purpose.
(1)
The primary purpose of this Building Code is to provide minimum standards,
provisions, and requirements for safe and stable design for the construction
of new buildings, moving, enlargement, alteration, conversion to other
use, or repair of existing buildings, or demolition of buildings within
the City of Arcadia, so as to promote the general health, safety and
welfare of the citizens and residents of the City of Arcadia.
(2)
Another purpose of this Building Code is to provide a guideline,
pursuant to the authority granted by § 101.65, Wis. Stats.,
that establishes a basic dwelling code that meets all of the provisions
of the State of Wisconsin's Uniform Dwelling Code plus some additional
provisions.
(3)
Another purpose of this Building Code is to establish a uniform process
for developers that wish to:
(a)
Build a new single-family dwelling or duplex in the City of
Arcadia;
(b)
Move an existing building or modular unit onto a piece of property
in the City of Arcadia;
(c)
Construct multifamily dwellings in the City of Arcadia; or
(d)
Construct commercial or industrial buildings in the City of
Arcadia.
C.
Scope.
(1)
The scope of this Building Code includes the construction and inspection
of single-family and two-family dwellings built since June 1, 1980,
multifamily dwellings, commercial buildings, and industrial buildings.
Notwithstanding § SPS 320.05, Wis. Adm. Code, the scope
also includes the construction and inspection of alterations and additions
to one- and two-family dwellings built before June 1, 1980. Because
such projects are not under state jurisdiction, petitions for variance
under § SPS 320.19, Wis. Adm. Code, shall be decided by
the City of Arcadia Zoning Board of Appeals in accordance with § SPS
320.19, Wis. Adm. Code, and final appeals under § SPS 320.21,
Wis. Adm. Code, shall be decided in accordance with Ch. 68, Wis. Stats.
Notwithstanding § SPS 320.05, Wis. Adm. Code, the scope
of this Building Code also includes the construction and inspection
of detached garages serving one- and two-family dwellings. The building
structure and any heating, electrical or plumbing systems shall comply
with the Uniform Dwelling Code. Petitions for variance and appeals
shall be handled as in the manner herein provided.
(2)
The provisions of this Building Code supplement the laws of the State of Wisconsin pertaining to construction and use and Chapter 425, Zoning, of the City Code, including without limitation Chapter 394, Floodplain Zoning, and Chapter 406, Shoreland-Wetland Zoning, of the City Code and amendments thereto, and in no way supersede or nullify such laws or Chapter 425, Zoning, including without limitation Chapter 394, Floodplain Zoning, and Chapter 406, Shoreland-Wetland Zoning.
The provisions of this Building Code shall be deemed to include
any and all laws of the State of Wisconsin, and as the same may be
amended hereafter from time to time, and orders of the Department
of Safety and Professional Services of the State of Wisconsin pertaining
to construction and use of buildings, and a violation of any of the
provisions thereof shall constitute a violation of this chapter.
A.
The Wisconsin Uniform Dwelling Code, Chs. SPS 320 to 325, Wis. Adm.
Code, and as the same may be amended hereafter from time to time,
is adopted and incorporated by reference and shall apply to all buildings
containing dwelling units within the scope of this Building Code.
This Building Code shall include all of the provisions of the State
of Wisconsin Uniform Dwelling Code. Any violation of the State of
Wisconsin Uniform Dwelling Code shall constitute a violation of this
Building Code.
B.
The Wisconsin Uniform Dwelling Code shall also apply to buildings
where:
(1)
An existing building is to be occupied as a one- or two-family dwelling
and such building was not previously so occupied; or
(2)
An existing structure used for one- or two-family dwelling is altered
or repaired, when the cost of such alteration or repair, during the
life of the structure, exceeds 50% of the equalized value of the structure,
said value to be determined by the City Assessor.
As used in this chapter, the following terms shall have the
meanings indicated:
New construction performed on a dwelling which increases
the outside dimensions of the dwelling.
Includes any change in structure, enlargement, alteration,
repairing, moving or demolishing of any building within the City of
Arcadia.
Any building, the initial construction of which is commenced
on or after the effective date of this chapter, which contains one
or more units designed and constructed to be used for residential
occupancy by one or more people.
A furnace for heating a building subject to this Building
Code, together with fans, vents, and related equipment.
Those Administrative Code provisions and any future amendments,
revisions or modifications thereto contained in Chs. SPS 320 to 325,
Wis. Adm. Code.
A.
Appointment. There is hereby created the office of Building Inspector,
who shall be certified by the Department of Safety and Professional
Services, as specified by § 101.66(2), Wis. Stats., in the
category of Uniform Dwelling Code (hereinafter "UDC") construction
inspector. The Building Inspector shall be nominated by the Mayor,
subject to confirmation by the Common Council. The Building Inspector
shall serve at the pleasure of the Mayor and Common Council.[1]
B.
Duties. The Building Inspector shall have the power and it shall
be the Building Inspector's duty to administer and enforce the provisions
of this Building Code and all laws and orders relating to building,
and for this purpose the Building Inspector shall have the right at
all times to enter upon any public or private premises and make inspection
thereof, and may require the production of the permit for any building,
electrical or plumbing work. Additionally, the Building Inspector
may appoint, as necessary, subordinate assistant inspectors, who shall
possess the certification categories of UDC heating, ventilating,
and air conditioning (HVAC), UDC electrical, and UDC plumbing.
C.
Records.
(1)
The Building Inspector shall keep a record of all applications for
building permits in a book and regularly number each permit in order
of issuance. The Building Inspector shall include in the records a
list of issued building permits.
(2)
In addition, the Building Inspector shall provide a copy of all applications
for building permits and issued building permits to the Housing and
Building Standards Committee at City Hall, to the City Utility Commission,
to the owner or his agent, and to the developer. The owner shall keep
one copy of the building permit and application at the building site,
until the Building Inspector completes the final inspection.
D.
Interference with Building Inspector. No person shall interfere with the Building Inspector while in the performance of the duties of the office or refuse to permit access to any premises to the Building Inspector or any subordinates. Penalties may include suspension and/or revocation of the building permit or penalties set forth in § 162-14.
A.
Permits required.
(1)
Except as hereinafter provided, no building or any part thereof shall
hereafter be built, enlarged, improved, altered, moved, demolished,
or used, or ground broken for the same, within the City, unless a
building permit therefor shall first be obtained by the owner or his
agent from the Housing and Building Standards Committee and Building
Inspector. If a person makes structural alterations to a building
in excess of $2,500 value in any twelve-month period, adds onto a
building in excess of $2,500 in any twelve-month period, or builds
a new building, within the scope of this Building Code, that person
shall first obtain a building permit for such work from the Housing
and Building Standards Committee and the Building Inspector.
(2)
All plans and specifications for buildings requiring water or sewer
shall show thereon the closest existing water mains and sewer mains
and the distance therefrom to the closest point of the building site.
No building permit shall be issued until and unless public sewer and
water are available at the building site and proper arrangements made
with the City Utility Commission for water and sewer lateral extensions
to the proposed site, or proper plans and specifications for extensions
are received by the Building Inspector.
(3)
No building permit shall be issued for a piece or parcel of land
which does not have direct access to a dedicated public street, either
by being located on a public street or by being located on a public
alley giving access to a public street, or by private right-of-way
to a public street. No building permit shall issue for a building
that is to be located on a parcel in a subdivision, as defined in
§ 236.02(12), Wis. Stats., until the subdivision and all
required improvements in the subdivision have been accepted by the
Common Council of the City.[1]
B.
Application. Application for a building permit shall be made in writing
upon a blank form furnished by the Building Inspector and shall state
the name and address of the owner of the building, the owner of the
land upon which it is to be erected and the name and address of the
designer or contractor. The application shall describe the location
of the building and the purpose for which it is to be used and shall
contain such other information as the Building Inspector may require.
C.
Plans to be submitted; lot survey.
(1)
With each application there shall be submitted to the Housing and Building Standards Committee and Building Inspector a complete set of plans and specifications furnished by the owner, including a plot plan, as defined in § SPS 320.09(4), Wis. Adm. Code, showing the location of the proposed building. Plans for buildings subject to the State Building Code shall bear the stamp of approval of the Department of Safety and Professional Services. Plans for all new one- and two-family dwellings shall comply with the provisions of § SPS 320.09, Wis. Adm. Code. No roof or overhang shall be so constructed as to cause rain or snow, or water from rain or snow, to fall upon the property of an adjoining property owner. Plans for all buildings shall conform to the setback requirements and other applicable standards as set forth in Chapter 425, Zoning, of the City Code, as may be established by the Common Council of the City of Arcadia. Drawings that do not show all necessary details to enable the Building Inspector intelligently to inspect the same shall be rejected and returned to the property owner or contractor, stating the specific reasons for denial.
(2)
Prior to submission of an application for a building permit, each
lot or site on which the proposed building is to be erected shall
be properly surveyed and staked by a certified surveyor, except that
lots previously included in a recorded plat need not comply with these
requirements.
(3)
All plans and specifications shall be submitted in triplicate, of
which one set shall be returned after approval as hereinafter provided,
one set shall remain on file in the office of the Building Inspector,
and one set with the Housing and Building Standards Committee.
(4)
After being approved, plans and specifications for any building shall
not be altered in any respect, except with the written consent of
the Building Inspector.
D.
Waiver of plans. If, in the opinion of the Building Inspector, the
character of the work is sufficiently described in the application
and the estimated cost of the work does not exceed $5,000, the Building
Inspector may waive the requirement for filing plans for applications
for a permit to alter or repair a single-family dwelling to be occupied
by the permit holder.
E.
Approval of plans; alterations. If the Building Inspector finds that
the proposed building will comply in every respect with all ordinances
of the City and all laws and lawful orders of the State of Wisconsin,
the Building Inspector shall recommend to the Housing and Building
Standards Committee that it officially approve and stamp one set of
the plans and return them to the owner and may recommend that the
Housing and Building Standards Committee issue a building permit therefor,
which shall be kept at the site of the proposed building. After being
approved, the plans and specifications shall not be altered in any
respect, except with a written consent of the Building Inspector.
In case adequate plans are presented, the Building Inspector may at
his discretion issue a permit for a part of the building before receiving
the plans and specifications for the entire building. It shall be
unlawful to commence work on any building or alteration before the
building permit has been issued. No building permit shall be issued
by the Building Inspector for the construction of a garage to abut
an unpaved alleyway.
F.
Permit card. With every permit issued, the Building Inspector shall
issue to the applicant a weatherproof building approval card. It shall
be the duty of the applicant to place such card in a conspicuous place
to be unobstructed from public view and not more than eight feet above
ground on the side of the building or property facing the nearest
street.
G.
Lapse of permit. A building permit shall lapse and be void unless
construction commences within six months from the date of the building
permit. In accordance with § SPS 320.09(9)(a)5, Wis. Adm.
Code, a building permit shall lapse and be void unless all construction
work on the structure and the exterior of the building are completed
within 24 months after the date of the building permit.
H.
Minor repairs. No building permit shall be required for any minor
repairs or alterations, including but not limited to installing carpets
or rugs, painting, finishing of interior surfaces, new roofing, new
siding, window replacement, cabinetry installation, furnace system
repairs or installations, and electrical and plumbing repairs, which
do not change the occupancy capacity, structural strength, fire protection,
exits, lights or ventilation and do not change the structure of the
building.
I.
Permit application fees. The Common Council shall establish a permit
application fee, inspection fees, and other fees under this Building
Code by resolution from time to time. At the time of filing an application
for a building permit, the applicant, or his or her agent, shall pay
to the City all applicable nonrefundable fees.
J.
Inspection of work and inspection fees. The owner or contractor shall notify the Building Inspector when the building is ready for inspection, and the Building Inspector shall inspect all buildings before the foundation is laid upon completion of the foundation forms and again when ready for lath and plaster, sheet rock or dry wall, or before paneling is applied. After completion, he shall make a final inspection of all new buildings and alterations for which a building permit is required by this Building Code. Payment of inspection fees shall be the sole responsibility of the owner or contractor and shall be billed by the Building Inspector directly to the owner or contractor. By accepting appointment as the Building Inspector, the Building Inspector agrees not to charge any fees in excess of the fees established by resolution of the Common Council under Subsection I.
K.
Certificate of occupancy. No person shall occupy any building until
sewer, water, grading, and pavement are installed in a dedicated public
street necessary to service the property, and a certificate of occupancy
shall not be issued until such utilities are available to service
the property.
L.
Report of violations. It shall be the duty of all police officers
to report at once to the Building Inspector any building construction
being carried on without a building permit as required by this Building
Code.
M.
Appeal from order of Building Inspector. Any person aggrieved by a decision of the Building Inspector may appeal the decision in accordance with § 162-13. Where a situation requires an immediate decision to prevent damage to property or injury to person, the decision of the Building Inspector shall be final, conclusive, and nonappealable.[2]
A.
Application. This Building Code shall apply to radiant heating units
installed in the City of Arcadia. No person shall install a radiant
heating unit which fails to comply with the requirements of the heating
unit's manufacturer.
B.
Definition. A radiant heating unit is a freestanding fireplace not
intended for duct connections used to heat a room or rooms that uses
the combustion of a solid fuel such as wood or coal as a source of
heat.
D.
Plan and data approval. Plans and data for each radiant heating unit
installation shall be submitted to the Building Inspector for approval
before a permit may be issued. The following data is required to be
submitted with each application:
(1)
The manufacturer's installation and maintenance/operations instructions.
Radiant heating units shall be installed pursuant to the manufacturer's
installation requirements and, in the absence thereof, pursuant to
the requirements of this Building Code.
(2)
Proposed chimney flue and/or new chimney flue sizes.
(3)
The number and sizes of existing vent connectors to the chimney flue.
E.
Inspection. No person shall operate or permit the operation of a
radiant heating unit without first calling for an inspection and receiving
final approval from someone certified by the State of Wisconsin for
inspection of HVAC systems and equipment.
G.
Mounting of unit. On incombustible floors the radiant heating unit
shall be mounted on a firm level base of concrete, brick or other
incombustible material.
H.
Combustion air. If the Building Inspector, after examination of the
radiant heating unit, deems it necessary to add combustion air, the
size of the opening shall not be less than the cross-sectional area
of the flue collar size of the radiant heating unit.
I.
Blower. A blower, where used, should have adequate protection such
as a screen to prevent material from being inserted into the assembly.
J.
Electrical connections. The electrical connections, control and wiring
where used should conform to state electrical codes.
K.
Thermostat control. The thermostat controls, where used, shall activate
the blower motor at a temperature of 100° F. to 120° F.
L.
Reinspections. Radiant heating units and chimneys shall be reinspected
following a chimney fire by someone certified by the State of Wisconsin
for inspection of HVAC systems and equipment before renewed operation
for compliance with this section.
A.
Any work commenced prior to the issuance of building permit may be
subject to a stop-work order issued by the Building Inspector or enjoined
by an action in Trempealeau County Circuit Court, or citations may
be issued to the contractor, property owner, and permit holder. Alternatively,
the Building Inspector may require the building permit applicant to
pay a fee equal to double the normal permit application fee.
B.
All new one- and two-family dwellings (stick-built, moved homes,
and modular units) may be placed on a Uniform Dwelling Code approved
concrete basement, concrete foundation wall, or concrete slab that
is not attached to an underground foundation. First floor subflooring
shall be completed within 60 days after the foundation excavation
is completed. The owner of any premises on which there exists an opening
or excavation which is located within four feet of 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.
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 within 14 days, suitable safeguards shall
be provided to prevent accidental injury to children or other frequenters
or the excavation or foundation shall be filled to grade. Such order
shall be served upon the owner of record or the owner's agent, where
an agent is in charge of the premises, and upon the holder of an encumbrance
of record in the manner provided for service of a summons in the Circuit
Court. If the owner or the holder of an encumbrance of record cannot
be found, the order may be served by posting it on the premises and
publication in the official newspaper for two consecutive publications
at least 10 days before the time for compliance stated in the order
commences to run. Such time shall be not less than 14 nor more than
20 days. 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 Common Council from the date of the report by the Building
Inspector on the cost thereof, pursuant to the provisions of § 66.0413(1)(f),
Wis. Stats.
C.
Garages shall be constructed in accordance with the general construction
standards established in the Wisconsin Uniform Dwelling Code.
D.
New methods and materials. All materials, methods of construction
and devices designed for use in buildings or structures covered by
this Building Code and not specifically mentioned in or permitted
by this Building Code shall not be so used until approved in writing
by the Wisconsin 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.
E.
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.
F.
Each unit of a duplex shall have separate water and sewer services.
Whenever the Common Council or the Building Inspector finds
any building or part thereof within the City to be 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, the Common Council or Building
Inspector shall order the owner to raze or remove such building or
part thereof or, if it can be made safe by repair, to 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(1), Wis.
Stats.
A.
Permit required. No building or structure shall be moved on or over
any of the streets, alleys or public ways in the City without first
obtaining a permit for such moving from the Building Inspector. The
applicant shall provide copies of the application to the City's Street
Department, Utility Department, Police Department, and Fire Department.
B.
Bond required. Before a permit to move any building is granted by
the Building Inspector, the party applying therefor shall give a bond
to be determined and approved by the Common Council, after consultation
with the City's Utility Commission if the moving of the building may
affect the City's utilities, conditioned upon, among other things,
that said party will save and indemnify the City against any liability
and save and keep the City harmless against any liabilities, judgments,
costs and expenses in consequence of the granting of such permit or
the moving of such building, including but not limited to death, injuries,
or damages to streets, utilities, or other buildings. A certificate
of insurance in lieu of a bond with good and sufficient sureties may
be approved by the Utility Commission and Common Council.
C.
Liability insurance. The Building Inspector shall require, in addition
to said bond above indicated, public liability insurance covering
injury to one person in the sum of not less than $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.
D.
Route to be designated. Every permit to move a building shall state
all conditions to be complied with, designate the route to be taken
and limit the time for moving. Before a permit for the moving of a
building is granted, the mover or his agent shall first notify the
Building Inspector and propose the route to be taken. All matters
pertaining to the moving of the building shall be subject to the approval
of the Building Inspector. A written permit shall be issued by the
Building Inspector and shall be filed with the necessary application
in the Building Inspector's office. The Building Inspector shall provide
copies of each permit to the City's Street Department, Utility Department,
Police Department, and Fire Department. The Chief of Police, the Chief
of the Fire Department and the Utility Commission shall be notified
of the route to be taken.
E.
Removal regulations. Once the owner or contractor begins moving a
building, the owner or contractor shall continue to move it to the
building's ultimate destination, without unnecessary interruption
or delay, except as the building permit may otherwise allow. The moving
of all buildings shall be conducted with the least possible obstruction
to thoroughfares. No building shall be allowed to remain overnight
upon any street crossing or intersection or railway or in any location
that interferes with access to any fire hydrant. Flashing warning
lights shall be kept in conspicuous places at each end of the building
during the move and at night. The building owner shall erect and maintain
at all necessary times appropriate barriers around the building until
it has been placed securely on the foundation on which the building
will ultimately rest.
F.
Report and damage to streets. Every person receiving a permit to
move a building shall, within one day after said building reaches
its destination, report the same to the Building Inspector of the
City. The Building Inspector shall thereupon inspect the streets over
which said building has been moved and ascertain their condition.
If the removal of said building has caused any damage to the streets,
the City shall, at the expense of the permit holder, forthwith place
them in as good repair as they were before the permit was granted.
Upon failure of the permit holder to pay damages within 10 days after
notice from the Building Inspector, the Common Council or, if the
City's utilities were damaged the Utility Commission, may hold the
sureties of the bond of the person moving the building responsible
for the payment of the same.
G.
Requirements for moving.
(1)
Building to be measured before moving. Permission shall in no case
be granted to move a building in, along or upon the public streets
of the City until such building shall have been measured and it shall
appear to the Building Inspector from such measurement that the moving
of the building upon or along the streets proposed will not injure
any shade trees or utility lines along such street. Staff of the Arcadia
Electric Utility shall provide for the movement of overhead utility
lines or other obstructions. Fees for this service shall be determined
by the Superintendent of the Arcadia Electric Utility and shall be
the sole responsibility of the permit holder.
(2)
Conformance with code. No permit shall be issued to move a building
within or into the City and to establish it upon a location within
said City 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
the Building Inspector 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 City 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.
(3)
Time to be designated. It shall be the duty of the Building Inspector
to specify the time for the removal of any building.
(4)
Distance at street intersections. No person shall place for moving
or permit to remain upon, across or within 20 feet of any street intersection,
railway tracks, switch or turnout any building or any equipment used
in moving of a building within the City.
A.
No building within the City of Arcadia shall be intentionally demolished
or razed until a permit therefor shall have first been obtained from
the Building Inspector. No permit for the demolition or razing of
a building shall issue unless the applicant provides written evidence
that:
B.
The permittee will take all necessary steps, prior to the razing
of a building, through a qualified contractor, including providing
a written disposal plan, for any asbestos found in the building and
disposing of any asbestos in accordance with § NR 447.13,
Wis. Adm. Code.
C.
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 so as to prevent the spread and migration of rodents and
insects therefrom during and after the razing operations.
D.
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,
the foundation 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 Building Inspector.
E.
All debris must be hauled away at the end of each day for the work
that was done on that day. Combustible material shall not be used
for backfill but shall be hauled away. 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 nuisance.
F.
The Building Inspector shall have the authority to order any structure
damaged by fire or natural causes razed, if the estimated cost to
repair the damage caused thereby exceeds 50% of the equalized assessed
valuation of the building.
No part of this Building Code shall be construed so as to make
the City liable for any charge to anyone injured, or for any damage
to any property, by any defect in any building or equipment. 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: "These findings
of inspection contained herein are intended to report conditions of
noncompliance with code standards that are readily apparent at the
time of inspection. The inspection does not involve a detailed examination
of the mechanical systems or the closed structural and nonstructural
elements of the building and premises. No warranty of the operation,
use or durability of equipment and materials not specifically cited
herein is expressed or implied."
A.
Any person
aggrieved by a decision of the Building Inspector may appeal the decision
to the Housing and Building Standards Committee by filing a notice
of appeal with the Building Inspector and the City Clerk-Treasurer
within 30 days after the Building Inspector's decision. The notice
of appeal shall set forth the decision appealed from, state clearly
and briefly the grounds of complaint and be accompanied by originals
or copies of all papers and drawings submitted to the Building Inspector
as well as all decisions, notices or orders issued by the Building
Inspector.
B.
The Housing
and Building Standards Committee shall have the authority to grant
variances from the requirements of this Building Code upon a showing
that the person seeking the variance would suffer unnecessary hardship
if the variance is not granted.
C.
Any person
aggrieved by the decision of the Housing and Building Standards Committee
may appeal to the full Common Council within five days after delivery
of written notice of such decision. Upon the hearing of said appeal,
the Council shall make such decision and disposal of the matter as
it deems just.
Any violation of any of the provisions of this chapter shall
subject the violator to a fine of not less than $150 nor more than
$600, plus the cost of prosecution. Notwithstanding anything contained
herein to the contrary, if the City has waived an applicable fee associated
with the permit, the forfeiture amount shall be the amount of the
fee that otherwise would have applied, but at the time of the violation
and not at the time of the application. Each day a violation continues,
unless otherwise specified in this Building Code, shall constitute
a separate offense. Where the violator has been issued a permit under
the provisions of this Building Code, such permit shall be subject
to revocation in the discretion of the court.
The Building Inspector is hereby authorized to enforce this
Building Code and the Uniform Dwelling Code by any or all of the following
methods:
A.
Stop-work order. In the event of any construction work that is not
in compliance with this Building Code for which no building permit
has been issued, the Building Inspector may issue a stop-work order
to the contractor without notice to the property owner.
B.
Revocation of building permit. If the Building Inspector shall find,
at any time, that construction pursuant to a building permit does
not comply with this Building Code or any laws, plans, or specifications
or any order of the Building Inspector, if the building permit holder
shall deny access to the premises to the Building Inspector or provide
inadequate supervision on the construction site, as determined by
the Building Inspector, or that the permit holder made any false statement
or misrepresentation on the permit application, or violates any of
the conditions of approval of the building permit or certificate of
occupancy, the Building Inspector may give notice of noncompliance
and not less than seven days for the owner to cure the noncompliance.
If the owner does not cure the noncompliance within 30 days, the Building
Inspector may revoke the building 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 upon such building until a new
building permit is issued, except for work the Building Inspector
shall order to be done as a condition precedent to the issuance of
a new building permit. All applicable fees shall be paid for the issuance
of a new building permit.[1]
C.
Injunction. The Building Inspector shall report violations to the
Common Council, which may authorize the City Attorney to file an action
for an injunction against the contractor, the property owner, or the
building permit holder in Trempealeau County Circuit Court enjoining
any further construction work on the building or property.
D.
Order to raze. The Building Inspector may issue an order to raze a building and cause the razing of the building in accordance with § 162-9 and § 66.0413, Wis. Stats.
E.
Citation. The Building Inspector may issue or cause a police officer
for the City of Arcadia to issue a citation to the property owner,
building permit holder, or contractor for any violation of this Building
Code. Each day during which a violation occurs or continues shall
be a separate violation.[2]
A.
Authority. The Housing and Building Standards Committee is hereby authorized to recommend issuance of all building permits by the Building Inspector for the City of Arcadia that include the provisions of § 162-6 of this Building Code.
B.
Responsibilities defined. The Housing and Building Standards Committee,
comprised of three members of the Arcadia Common Council appointed
by the Mayor and subject to approval of the Common Council, shall
make a recommendation for the Chairperson of said Committee to recommend
issuance of a building permit once the following requirements are
met:
(1)
If the property is in the floodplain, an elevation certificate is
provided.
(2)
That proposed building can actually take place if in floodplain.
(3)
Property is properly zoned.
(4)
Proposed building meets minimum setback and site requirements set forth in Chapter 425, Zoning, of the City Code.
(5)
If applicable, approval of the Wisconsin Department of Safety and
Professional Services and the Wisconsin Department of Natural Resources
has been received.
(6)
Layout plan.
(7)
Access to a City street.
(8)
Access to water, sewer, and electrical service.
(9)
Curb, gutter, and sidewalks.
(10)
Written erosion control plans.
(11)
Property is within the City of Arcadia or will be annexed.
