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.
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.
BUILDING
Includes any change in structure, enlargement, alteration,
repairing, moving or demolishing of any building within the City of
Arcadia.
DWELLING
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.
FURNACE SYSTEM
A furnace for heating a building subject to this Building
Code, together with fans, vents, and related equipment.
UNIFORM DWELLING CODE
Those Administrative Code provisions and any future amendments,
revisions or modifications thereto contained in Chs. SPS 320 to 325,
Wis. Adm. Code.
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.
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."
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.
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.